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Home My WebLink About2008 11 05NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on Wednesday, November 5, 2008 at 6:00 PM at City Hall Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: October 30, 2008 "original signed" Manuel Lozano Mayor 1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on October 30, 2008. Laura M. Nieto Deputy City Clerk City Council & Community Development Commission Special Meeting Agenda — November 5, 2008 • AGENDA FOR THE SPECIAL MEETING OF THE • • 11 CITY HALL - COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 . BALDWIN , A , Manuel Lozano - Mayor /Chair Anthony J. Bejarano - Mayor Pro TemNice Chair Marlen Garcia - Council Member /Member Monica Garcia - Council Member /Member Ricardo Pacheco - Council Member /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 convenience. City Council & Community Development Commission Special Meeting Agenda — November 5, 2008 COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 7:00 PM CALL TO ORDER ROLL CALL: Councilmembers/Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern/Vice Chair Anthony J. Bejarano and Mayor/Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista algona emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos pars tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT A SESSION U U COMMISSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8554-001-011 Tacos Mexico Inc. 14412 Ramona Boulevard 8554-001-012 Ramon and Francisca Arias 14408 Ramona Boulevard 8554-001-018 Jose and Ana Berganza 14514 Ramona Boulevard 8554-001-019 Ama Construction and Real Estate LLc 14540 Ramona Boulevard 8554-001-806 GTE California Inc NA 8554-001-807 GTE California Inc NA 8554-001-808 GTE California Inc 14436 Ramona Boulevard 8554-001-809 GTE California Inc 14436 Ramona Boulevard 8554-001-900 City of Baldwin Park 14403 Pacific Avenue 8554-001-901 City of Baldwin Park 14426 Ramona Boulevard 8554-001-904 City of Baldwin Park NA 8554-001-907 City of Baldwin Park NA 8554-001-910 City of Baldwin Park 4024 Maine Avenue Commission Negotiators: Vijay Singhal and Joe Pannone Negotiating Parties: Above-named property owners Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION City Council & Community Development Commission Special Meeting Agenda — November 5, 2008 REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated October 30, 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, 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 LgutierrezQbaldwinpark. com or 1nietoCd_)ba1dwin12ark.corn 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 //) City Council & Community Development Commission Special Meeting Agenda — November 5, 2008 i , A BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 5, 2008 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 B ALDWIN p. 4. R.1: Manuel Lozano Anthony J. Bejarano Monica Garcia Marlen Garcia Ricardo Pacheco - Mayor - 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. record, ,.< .Y. :,,_day d a ., COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, pods hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS • Presentation of Life Saving Award to Baldwin Park Police Officer Ian Galvan and commendation to Dispatchers Yvonne Gutierrez and Pat Dena • Introduction of newly promoted Baldwin Park Police Lieutenant Joe Bartolotti and Sergeant Rick Villines • Check presentation from Royal Coaches to the Baldwin Park Police Department Community Relations Bureau • Plaque presentation by Monrovia Mayor Rob Hammond and Police Chief Roger Johnson for the Baldwin Park Police Department's mutual aid assistance • Recognition of Eagle Court of Honor - Felix Chen, James Lee, John Lee, Brandon Sanchez, Daniel Sanchez Jr., and Vincent Sanchez • Recognition of Roy Test for his representation of the 57th Assembly District at the California Assembly Veteran's Day Recognition Luncheon • Recognition of Irene Test for her service on the Senior Citizens Committee 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 CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERV ICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PER/ODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a City Council Agenda — November 5, 2008 Page 2 declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF NOVEMBER 5, 2008 THROUGH NOVEMBER 18, 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 special and regular meetings of October 15, 2008. 4. CLAIM REJECTIONS Staff recommends City Council reject the claims of Magdalena Leon, Olivia Resendez and Thomas & Rhonda Rosado and direct staff to send the appropriate notices of rejection to the claimants. 5. LETTER OF SUPPORT FOR THE INCLUSION OF THE CITY OF PASADENA IN THE FOOTHILL TRANSIT JOINT POWERS AUTHORITY (JPA) Staff recommends City Council authorize staff to send a letter to Foothill Transit supporting the addition of the city of Pasadena to the JPA. WATER Staff recommends City Council authorize staff to send a letter to United States Congresswoman Hilda Solis declaring its support of continued federal perchlorate standards in drinking water. 7. APPROVAL TO PURCHASE VEHICLES, WAIVE FORMAL BID PROCEDURES AND RESOLUTION NO. 2008 -068 Staff recommends City Council 1) {i} that it would be uneconomical to follow purchasing procedures since the vehicles are available at lower prices if purchased through an existing contract with the County and {ii} that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures; and 2) waive formal bidding procedures and authorize staff to utilize the Los Angeles County Sheriff's bid for the lease /purchase with Sun Trust of four Police Department Vehicles; and 3) waive further reading, read by title only and adopt Resolution No. 2008 -068 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE EXECUTION AND DELIVERY OF MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 11, AND ESCROW AGREEMENT AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH" and 4) authorize the Assistant Accounting Manager to expend $25,241.36 from Account 402.60.621.58140.00000.2. City Council Agenda — November 5, 2008 Page 3 8. APPROVE THE DESIGN FOR THE MORGAN PARK PROMENADE IMPROVEMENTS AND AUTHORIZE ADVERTISING THE PROJECT FOR CONSTRUCTION BIDS Staff recommends City Council approve the design (Plans, Specifications and Engineer's Estimate - PS &E) for the Morgan Park Improvements and authorize staff to advertise the project for construction bids. 9. APPROVAL OF REQUEST FOR PROPOSAL (RFP) FOR TRANSIT SERVICES Staff recommends City Council authorize staff to advertise the RFP for transit services based on an initial five (5) year term. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 10. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST TO AMEND THE CONDITIONS OF APPROVAL OF RESOLUTION 2001 -030 (CONDITION #3) WHICH CURRENTLY DOES NOT ALLOW FOR THE EXTERIOR ADVERTISEMENT OF ALCOHOLIC BEVERAGES Staff recommends City Council conduct the public hearing and following the public hearing adopt the Findings of Fact and waive further reading, read by title only and adopt Resolution No. 2008 -069 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING A REQUEST FOR MODIFY THE CONDITIONS OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 2001 -030; APPLICANTS: SAM SHARMOUG AND JOHN ALI; CASE NO.: CP- 425MOD; LOCATION: 13902 FRANCISQUITO AVENUE; UNITS A, B AND C." 11. PUBLIC HEARING TO CONSIDER A REQUEST FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, SECTION 153.315.5 TO MODIFY THE BOUNDARIES OF THE AREA SUBJECT TO THE REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and introduce for first reading Ordinance No. 1316 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING SECTION 153.315.5 OF THE BALDWIN PARK MUNICIPAL CODE TO REDUCE THE AREA SUBJECT TO THE REDEVELOPMENT PROJECT AREA OVERLAY BY MODIFYING THE NORTHERN BOUNDARY; CASE NO.: AZC -162; LOCATION: 4300 -4390 MAINE AVENUE (BOTH ODD AND EVEN ADDRESSES;) APPLICANT: ELODIA MUNOZ DE VAZQUEZ AND RONALD G. PEREZ." CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Mayor Lozano for discussion on the following: Request for Council discussion and direction to staff to erect a War Memorial in memory of Baldwin Park fallen soldiers in conflicts since the City's incorporation in 1956 City Council Agenda — November 5, 2008 Page 4 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 30th day of October 2008. J&a)q.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, 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 rgutierrezgbaldwinpark.com or Inietot )baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — November 5, 2008 Page 5 fik F11 I' BAL_DWIN P,A,R,K TO: FROM: DATE: SUBJECT: U1 I T 4JlJUNUIL MUL11UR CITYOFBALDWIN PARK Honorable Mayor and Members of the City Council Rose Tam, Assistant Accounting Manager November 5, 2008 Warrants and Demands NOV 2008 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 179705 - 179792 Inclusive, voids: 179705, 179707, 179709, 179713. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 06211 — 016475 for the period of September 21, 2008 through October 04, 2008 inclusive, have been presented and hereby ratified, in the amount of $429,583.96. General Warrants, including check numbers 171553 to 171862 inclusive, in the total amount of $1,176,646.05 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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H U a C7Ln � I w H q zrxr q I HH H H x o O 00 a w w I o 0 FC x ilk O O pa U'7� I o0 Q m N O q H O o x z O N N o H H H W > N N N H x I 1 1 M U U Yk I o 0 W 0 0 N F F I W° 0 g U 1 0 0 O O O x N u a i 0 0 GQ w\ 1 O CD C) 0 w x�1 HRH W U m H I M q 1 ID (D M w F r m H I 9 1 H Ln Lf) Cd I o N o� W x 1 M m U N N W W [-i 1 u N � x�I U I Q I I I �$ N I � w x I o t1' U 1 H x W I r U x 1 H W U I x 1 U Yk I 0 1 F x 3 1 H �4 O a w 1 W 1 � 1 Ln Ln O O r-1 O 0 m O �r r H H F 0 £ 0 5 P El F F F 0 0 0 F F F to M O -1 O M � x x x W W W W x x x x U U U U Q Q v Q � Q m m m m m w m H H Q H W F4 # 0 \ 4t qW FC 0 a Q o H O > F O O H F O H NOV ,r 5 20M M iiu'ifi CITY OF BALDWIN PARK STAFF-F)E�POR PTA BALDWIN P,A,R,K TO: Honorable Mayor & Members of the City Courwil FROM: Vijay Singhal, Chief Executive Officer DATE: November 5, 2008 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of October 15, 2008 — November 4, 2008 r%I 1r%r%e%r+rr The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP The following requests for plaques and certificates were received: Requested By List of Honorees Time /Date /Place of Presentation Date Needed' Mayor Eagle Scout Recipients 7:OOpm /Nov. 5, 2008 Certificates Manuel Lozano "Eagle Court of Honor" City Council Meeting 11 -05 -08 Department of Golden Stars Skydiving 1:OOpm /Nov. 11, 2008 Certificates Parks and Team — Appreciation for Veterans Day 11 -11 -08 Recreation Participating Ceremony Plaque ThP fnllnwinn Pmeraencv requests for Dlaoues and certificates were received: Time /Date /Place of Date Needed' Requested By List of Honorees Presentation Mayor Pro Tem Mauricio "Marshall" 11:30am /Oct. 15, 2008 Plaque Anthony Quintal, US Marine Corps Forest Lawn Cemetery 10 -15 -08 Bejarano Funeral Service Councilmember East Valley Community 10:OOam /Oct. 22, 2008 Plaque Marlen Garcia Health Center Grand East Valley Community 10 -15 -08 Opening Ceremony Health Center Councilmember Church of the Redeemer- 11:30am /Oct. 26, 2008 Certificates Marlen Garcia Pastor Appreciation Day Church of the 10 -26 -08 Redeemer, Baldwin Park Councilmember Dr. Victor Chen, BP Kaiser 10:OOam /Oct. 29, 2008 Certificate Marlen Garcia Permanente — Domestic Covina Performing Arts 10 -29 -08 Violence Forum Center Councilmember Assemblyman Dr. Ed 11:30am /Oct. 30, 2008 Certificate Marlen Garcia Hernandez — San Gabriel Courtyard Marriott, 10 -30 -08 Basin Water Quality Baldwin Park Authority Luncheon Proposed Recognitions May 7, 2008 Page 2 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Prepared By: Rosa Caballero, Administrative Clerk II CITY OF BALDWIN PARK CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION A 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 • 4u' I� Present: Council member /Member Marlen Garcia, Council member /member Monica Garcia, Mayor Pro Tem /Vice Chair Bejarano, Mayor /Chair Lozano. Absent: Council member /member Ricardo Pacheco. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS 10[9]014 ADJOURN TO CLOSED SESSION OF THE CITY COUo.'CIL COMa:AUA:iTY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION (GC §54956.9) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) Matter Properties: 8554- 001 -011 Tacos Mexico Inc. 14412 Ramona Boulevard 8554 - 001 -012 Ramon and Francisca Arias 14408 Ramona Boulevard 8554 - 001 -018 Jose and Ana Berganza 14514 Ramona Boulevard Page 1 of 2 8554 - 001 -019 Ama Construction and Real Estate LLc 14540 Ramona Boulevard 8554 - 001 -806 GTE California Inc 8554 - 001 -807 GTE California Inc 8554 - 001 -808 GTE California Inc 8554 - 001 -809 GTE California Inc W NA 14436 Ramona Boulevard 14436 Ramona Boulevard 8554 - 001 -900 City of Baldwin Park 14403 Pacific Avenue 8554 - 001 -901 City of Baldwin Park 14426 Ramona Boulevard 8554 - 001 -904 City of Baldwin Park NA 8554 - 001 -907 City of Baldwin Park NA 8554 - 001 -910 City of Baldwin Park 4024 Maine Avenue Commission Negotiators: Vijay Singhal and Joe Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION No reportable action taken, nothing further 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 /Commission at their meetings held November 5, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL MINUTES 11: 11 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 Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Pro Tern Bejarano closed on behalf of Mauricio Marshall Quintal, Baldwin Park resident and veteran. Council member Monica Garcia closed on behalf of Adel Wolf, Baldwin Park resident and member of Women's Club, former teacher at Sierra Vista [11,1014 wN_\ 4 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 Presentation of Hometown Heroes Military Banner to SPC Richard Hernandez in recognition of his honorable discharge from the United States Page 1 of 5 Army Mayor Lozano, joined by the Council, Clerk and Treasurer presented Specialist Hernandez with his Hometown Hero Military Banner. Council member Monica Garcia requested that when Specialist Hernandez is showcased in the NOW that his courage, bravery and dedication be highlighted PUBLIC COMMUNICATIONS David Hall, Mt SAC Board of Trustees spoke about the importance of Measure RR and encouraged residents of Baldwin Park to support it in the upcoming election. Steve Atchley, Mayor Pro Tem -city of Pomona spoke about the benefits of Measure RR Elmer Rodriguez, Mt SAC student /Baldwin Park resident spoke about the benefits of Measure RR and the need for expansion and improved technology Sandra Lopez, Mt SAC student/Baldwin Park resident spoke about the support she received while attending the school and the benefits that will be recognized if the Measure is passed. Sam Perdomo of Waste Management announced that as of September 1 st it was no longer legal to dispose of "sharps" or syringes in residential trash stream. He further announced a program that could create a mail -back system. Roy Test, resident commented about a past complaint that he had sent to the city regarding a Senior Center staff member and the accountability of the staff. Mayor Lozano advised that he would be directing the matter to CEO Singhal Linda Moncada representing the American Cancer Society presented the city with a certificate of appreciation for their efforts with the Relay for Life Event Magda Torrellas, resident announced an upcoming holiday event that the Women's Auxilary was hosting. She further spoke about the proposed downtown revitalization and congratulated Mayor Pro Tern Bejarano on being exonerated of recent charges against him. Thomas Carey, resident spoke about current financial issues in the country and in the city. Also spoke about propositions that were on the upcoming ballot Greg Tuttle, business owner commented about a letter that was sent to the owner occupied residential units in the proposed redevelopment project area. He further commented about the proposed police initiative and addressed comments made by prior speak Torrellas Dolores Macias, resident addressed the Council about a pedestrian issue near her home and that there are difficulties in attempting to cross the street Page 2 of 5 Walter Mena, resident expressed his support of the Mayor and Council, for the proposed downtown revitalization and Bisno Development. Public Communications were closed at 8:00 p.m Council member Pacheco stated his support of Measure RR and encouraged a yes vote. Also requested that the Council acknowledge Roy Test for his recognition and that it be placed in the NOW. Council member Marlen Garcia also encouraged a yes vote on Measure RR and the benefits that it will bring. Thanked and acknowledged the students who spoke. She further addressed the concerns of speaker Macias and requested that staff look into additional illuminated cross walks in the city. She announced a grant that was received that will provide funding for these types of projects. Council member Monica Garcia also expressed her support of Measure RR and Mt SAC. She expressed interest in bringing this matter before the Council for consideration of support Mayor Lozano addressed the comments of a prior speaker and City Attorney Pannone clarified Prop 99. Council member Marlen Garcia expressed her concern regarding a prior speaker and his desire to move into the city and reside near the Mayor. Council member Monica Garcia shared that Fidel Vargas was recognized by Hispanic Business Magazine as one of the 40 most influential people in Los Angeles. She requested that he be invited to a future meeting for recognition CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Council member Marlen Garcia, seconded by Mayor Lozano. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. MINUTES City Council approved the minutes of the October 1, 2008 meeting (regular.) 3. ELECTION INFORMATION AND SUMMARY OF MEASURES AND OFFICES TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD THROUGHOUT THE STATE ON NOVEMBER 4, 2008 City Council received and filed the report. 4. RESOLUTION IN OPPOSITION TO METROPOLITAN TRANSPORTATION AUTHORITY'S (MTA'S) MEASURE R City Council waived further reading, read by title only and adopted Resolution Page 3 of 5 No. 2008-065 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, OPPOSING MEASURE R ON THE NOVEMBER 4, 2008 BALLOT (LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY ONE-HALF CENT SALES TAX INCREASE)." 5. VIDEO SECURITY SYSTEM UPGRADE - ADDITIONAL FUNDING City Council 1) directed the Chief of Policy to work in conjunction with the Interim Finance Director to complete a budget appropriation for the amount not to exceed $11,579.25 from Account 112.00.4210 to Account 130.58.5745 and designate $11,579.25 for the purchase of the additional upgrades to the Video Security System and 2) authorized the Chief of Police or her designee to complete all appropriate documentation to complete the purchase. 6. UPDATE REGARDING CALTRANS ENVIRONMENTAL JUSTICE CONTEXT- SENSITIVE PLANNING GRANT City Council received and filed the report. 7. APPROVAL OF MEMORANDA OF UNDERSTANDING FOR POLICE MANAGEMENT EMPLOYEES' ASSOCIATION (PMA) City Council waived further reading, read by title only and adopted Resolution No. 2008-061 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE POLICE MANAGEMENT EMPLOYEES' ASSOCIATION (PMA") and authorized the Chief Executive Officer and the Human Resources Manager to execute the respective MOU. 8. RESOLUTION AMENDING THE CITY'S EXECUTIVE MANAGEMENT EMPLOYEES' BENEFITS MATRIX City Council waived further reading, read by title only and adopted Resolution No. 2008-062 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE EXECUTIVE EMPLOYEES' BENEFITS MATRIX." 9. AMENDMENT TO EMPLOYMENT AGREEMENT - MARC CASTAGNOLA, COMMUNITY DEVELOPMENT MANAGER City Council approved an amendment to the Employment Agreement with Marc Castagnola for his services as the Community Development Manager and approved a change of compensation to $96,500 base annual salary and authorized the Mayor to execute the amendment. 10. FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT City Council received and filed the CDBG/HOME Consolidated Annual Page 4 of 5 Performance Evaluation Report (CAPER.) 11. ACQUISITION BY THE STATE OF CALIFORNIA (CALTRANS) OF A PORTION OF CITY YARD AT 13135 GARVEY AVENUE City Council accepted Caltrans' revised offer and authorized the Chief Executive Officer to sign all documents related to the transaction. REPORTS OF OFFICERS 12. REPORT ON IMPACT OF POLICE DEPARTMENT EMPLOYEES SALARY AND BENEFITS INITIATIVE PETITION City Attorney Pannone gave the report and presented the Council with their options Motion: Authorize the Chief Executive Officer and the City Attorney to file an action in Superior Court seeking declaratory relief and other appropriate remedies. Moved by Council member Marlen Garcia, seconded by Mayor Lozano. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Council member Marlen Garcia announced an upcoming POD (point of dispense)event taking place at Sierra Vista High School on Nov. 15th that would be providing free, drive - through flu shots Mayor Lozano welcomed Officer Marromen who would be replacing newly promoted Sergeant Villines. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Mauricio Marshall Quintal and Adel Wolf at 8:16 p.m. Approved as presented by the Council at their meeting held November 5, 2008. Laura M. Nieto Deputy City Clerk Page 5 of 5 TO: Honorable Mayor and City Council Members 0 FROM: Shama P. Curian, Sr. Human Resources Analyst DATE: November 5, 2008 lyo� SUBJECT: Claim Rejection This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. RECOMMENDATION Staff recommends City Council reject the claims of Magdalena Leon, Olivia Resendez, and Thomas and Rhonda Rosado and direct staff to send the appropriate notices of reins -+inn to claimants 1 V'I'VA -, l I I IGAI 11- Attachment(s) Claim filed by: • Leon, Magdalena — DOL: 10/15/08 • Resendez, Olivia — DOL: 4/23/08 • Rosado, Thomas and Rhonda — DOL: 08/05/08 To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) Re CITY OF BALDWIN PARK d _- -i - BALDWIN CLAIM FOR DAMAGES e ., P A � R, K TO PERSON OR PROPERTY 7 INSTRUCTIONS 1. CLAIM THOROUGHLY. OCT ry Z0 READ 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. Clerks Official 3. THIS FORM MUST BE SIGNED. F _ Filing Stamp Y D' 3k.DlPd N PARK �t 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706'1 cER! <'c; 'DERARTMENT WARNING Name Department • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) served with complaint: • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) -12. Describe in de ail how the DAMAGE or INJURY occurred. w..sW } / e ms . -t To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) d _- -i - 1. Name of Claimant 5, Claimant's Occupation 7 2. Home dress of Clai nt Q Hom Telephon Number 3. Business Address of Claimant 7. Business Telephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim: 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: /0 % 5 /,'2 0 0 k Time: (� e� �� — � Name Department If claim is for Equl at ble Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or. INJURY occur? -12. Describe in de ail how the DAMAGE or INJURY occurred. w..sW } / e ms . -t 14. If hysician was visited due to injury, include date of first visit and physician's 13. Were or called? Yes ❑ No police paramedics name, address and phone number: If yes, was a report filed? Yes ❑ No ❑ If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date? ' J 7�"' 1Z.,MV �^-- �yN''�i'- 't/-!/7 • c'7 n n"" j� r_ `� 16. Total amount of claim to date: $ Basis for Computation Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ / 5p , 9 0 Basis for Computation: `X�2� �) - cu--d 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: \ Name G� `Yj a2�, Address Cii &c a 5 t ° f3 ° Phone J'� �'" Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: i hereby certify. (or de6lare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. )AY) Signature Relationship to Claimant Pr tniPr l Name Dat Note: Presentation of a -false claim IS a felony (Penal Code Section / G) u(; corm i mev 7iun) F: WSERLIS7 tCityclerk \kdministration%Procedures & FornsiCiaim for DamagnSForm 6C9. Rev 7.DG.doc CITY OF BALDWIN PARK t 1 r� BALDWIN CLAIM FOR DAMAGES P (2 K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) OCT 2 2 2008 0111_' V OF BAL.DVON PARK TV 3"LERK'S DEPARTMENT Clerk's Official Filing Stamp To: City Of Baldwin Park 4. Claimant's Date of h (if a minor) 1 ame of Cl a nt 5. Claimant's Occupation Vyr 2. H`o e Addres of Claimant wI 1) I i CD0 ��3. �6. Home Telephone Number 3. Business Address of Claimant 7. Business Telephone Number V1UFZ 8. Name and address to which you desire notices or communications to be sent regarding this claim: 9. When did DAMAGE or INJURY occur? Date:04 � ° DQS Time: C.0 1qkj q 4 i) 10. Names of any City employees involved in INJURY or DAMAGE: Name Department If claim is for Equitable Indemnity, give date claimant nGrYIE , served with complaint: 11. Where did DAMAGE or INJURY occur? C,16 -ifa!I0t,,? We sjdctiNAis ^n 4�➢��tt��'�K v' 12. Describe in detail how the DAMAGE dr INJURY occurred, i yim viar `! A av e )kms M - e N4 Ni {'A�f iii Y S" . ei su e I i`s i 1 9d ..' 13. Were police or paramedics called? Yes ❑ No 14. If physician was visited due to inur , include date of first visit and physician's name, address and phone numbe : If yes, was a report filed? Yes ❑ NoJt�$�T If yes, what is the Report No? !oil , Gh(dwfi'1 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date. t U-+ a ln-hyiv kmd- cm d 1;1 ri.0 wt o m4 hD� 16. Total amount of claim to date: $ 1'1V1 n 010-0 Basis for Computation: x,41 1t074, , Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ Gin —Mull Basis for Computation: 011 Pi RM 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: i) -rName s0s- l/ PIVU1,41-10VC1 Address Phone Name Address Phone 19. Signature of Claimant or person fling on claimant's behalf; relationship to claimant and date: I hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. 1 (,1OiV`I��' �pG Signature Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felonv (Penal Code Section 72) CC Fore, 1 rRev7 /061 OnU,e -W Ruves116n A- lP-:= �ftu"Wd IV WO! K SIC oil ilip S I k-N A K 14 0 nYtyy t Div K+ uo C� �)z vss fT kr tt"'On . LOL 418, 41Vd'j-W&q nOM j I had bml,�6i ijl�, or C7C 5 2 9 2008 II Insurance DETIAi TMEN`9° OF Pucs 10 VVC)FIKS September 22, 2008 Baldwin Park Public Transit 14403 East Pacific Avenue Baldwin Park, CA 91706 Safeco lnsuratzce Company of America PO Box 515097 Los Angeles, CA 90051 -5047 Insured Name: Thomas Rosado and Rhonda Rosado Policy Number: CA3142522 Lass Date: August 5, 2008 Claim Number: 212055573007 Loss Location: 14321 E. Olive, Baldwin Park, CA To Whom It May Concern: Mailing Address: PO Box 515097 Los Angeles, CA 90051 -5097 Phone: (866) 817 -5799 (425) 338 -4845 Fax: (888) 268 -8840 Our policyholder has submitted a claim for damage to their property. We have investigated the claim and per a witness to the accident, a Baldwin Bus was involved. Wires attached to our insured's rental home were pulled down by the bus. The witness stated that a Baldwin Park Transit bus was approaching. The witness advised he waved at the bus driver and told-.\ him to get out of the way and not to touch the wires. The bus driver ignored him and then the bus pulled the wires from the house. He then continued on his way without stopping. Enclosed you will find documentation to support our claim. The Iotut amount of dafriage to our policyholder's property is 1,495.00, which includes a $500,00 deductible. Please send us a check for $1,495.00 or contact us within the next 15 days to arrange payment. Please issue your check payable to Safeco Insurance Company of America, Attn: Subrogation Cashier, PO Box 461, St. Louis, MO 63166. If you are insured, please refer this letter to your insurance carrier and ask them to contact us. Also, please provide us with your insurance company's name and address so that we may direct further correspondence to them. We appreciate your cooperation and look forward to hearing from you or your insurance carrier. If you have any questions regarding this claim, please contact me. Sincerely, CAI 79908/05 Safeco and the Safeco logo are registered trademarks of Safeco Corporation Page Thomas nosado Rhonda nosado September 22, 2008 Lisa Knight, SCLA Senior Subrogation Representative Saf eco Insurance Company of America (866) 817-5799 (425) 338-4845 Fax: (88O)268-884O CA1799 0810B DEPAFI*FMr,.NT OF Page: 1 Document Name: untitled ACSINQP HISI Clm# 212 05557 3007 CII# C11# 001 Name ROSADO, THOMAS RS# Tran Clm class Res# Payment amt Stat Tran-date 002 SNGL PROP DWG 001 995.00 PRO 08-07-08 Pay period Pye# 001002 Name ROSAbO, THOMAS to LAST SCREEN HI51 Next screen (Clm# Date: 09/22/2008 Time: 5:23:41 PM C/I# — Pye# OPEN CLAIM [)r/Ck/Vou# 2200640 SEP 2 8 2008 AU6 -7-2000 12:23P FROM:GBDZGIAN 162633e2427 TO:18882688840 P.1/3 AdOOLia"amo 0 z cn C w V') uj W 0 fr B tL CC W 1p c LU E r 6 0 CL o UJ cm a) m g2m j CL Cr E 31, z V �5 'R 8 1 2L t M 0 LU > N k" d N le 0 0 UJ AS c 016 t1 G 4) 6-ft k 9 M 0 R=r. c ap M cr CL � cd t a o M 0-3 9 .1 �J j 'LL z 0 8 9 1 go r o o -ffi t8A \v 4-0 2 1 1 1 OR M L Li UJ E � I t - 1 0 1MG ZI, asif - 3,61 ud N «a z z LU zfl o (3 FRO ids z Out 4- to N giE C5 uj 0 uj cc w ton" uj lK 4 , a �45 Min Rii W ow g - fu % W-1 .9 u H -Z 0 �66 W SIA 2 00 ff > g8N x Or- 4 R 52 AUG -7 -2008 12:24P FROM:GBOZGIAN 16263382427 Sunpro, Inc. - PireRMS.com Rei po nse: 2008 - 0176938 -000 incident 0176938 -000 Directions Incident Date 08/05/2008 N LARRY A) Incident Status Closed State Alarm Time 08/05/2008 12:37:15 405001 Arrival Time 08/05 /2008 12:11:43 Latitude Controlled Time 08/05/2008 00:)0:00 962 - Resider. Cleared Time 08/05/2008 13:49:46 Incident Type 444 - Power lire down Shift E Station 029 Alarms I Mutual Aid N - None Actions Taken 1 55 - Establish , afe area Actions Taken 2 82 - Notify oth r agencies. Officer In Charge Date 08/05/2008 Location Type 1 - Street Add Directions EOLIV EST Address N LARRY A) City BALDWIN P. State CA Census Tract 405001 Longitude 117.96124 Latitude 034.09957 Property Use 962 - Resider. : 2008 - 01.76938 -000 70:18882680840 P.3/3 Page 1 of 2 S E P 2 8 2008 OF n street, road or residential driveway frees : 2008- 0176938 -000 Unit E29 Responsible for full yes Report Main Use 3 -Other Unit Type 11 - Engine Number of Personnel 3 Dispatch Time 08/0512008 1 :37:15 Enroute Time 08/05/2008 U:37:52 Arrival Time 08/05/2008 1 :41:43 http: // 170, 208. 229. 99 /DynamiePageMain? - ResourceID =S i teMasterUser50 76&sWorkspaceID = %2... 8/712008 AUG-7-F008 12:24P FROM:GeOZGIAN I6263382427 T0:ieee2688840 P.2/3 Page 2 of 2 Sunpro, Inc, - FireRMS.com Clear Time 08/05/2008 13- 1,8:43 Reporting Member 154562 BARB ] �,RA ARTHUR 'SEP 2 8 2008 Assignment Date 08/05/2008 Incident Narrat D`-1 `%Alil-,� ,,- 1'QF ve At 1237 hours on Tuesday, August 5,2008 we were dispatched to a PO, P, down. One unit was assigned to this incident, Three personnel responded. We arrived on seen,- at 1241 hours and cleared at 1349 hours. The incident occurred at N LARRY Ave BALDWIN PARK CA, The local station is 029. The general description oft is property is residential street, road or residential driveway. The primary to performed at the scene by responding personnel was to Narrative establish a safe area. No mutual/automatic aid was given or received. Alarm number D 176938 has been assigned to this incident. house weather head. Edison notiyied Power line to h3use was taken out from the and corrected the problem. No injuries, Unit Narrative At 1237 hours )n Tuesday, August 5, 2008 Unit E-29 was dispatched to a power line down. Thr e personnel responded. We arrived on scene at 1241 hours and cleared at 1348 hours. Personnel on Unit E29 Unit Member 112797 PEMB F31ZTON R013ERT D Unit Member 154562 BA RR RA ARTHUR Unit Member 489687 GAR CIA JOSE I JR 44- =I2.03; !; S 7 http://170,208.229,99IDynamiepageMain?�ResourcelD=SiteMastot-User5O76&sWorkspaceID=%2... 8/712008 ! �r �LLLLL�/ CITY OF BALDWIN PARK NOV 2008 JEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: November 5, 2008 SUBJECT: LETTER OF SUPPORT PASADENA TO THE AUTHORITY (JPA) PURPOSE FOR THE INCLUSION OF THE CITY OF FOOTHILL TRANSIT JOINT POWERS The purpose of this report is to request City Council approval of letter of support for the inclusion of the City of Pasadena to the Foothill Transit Joint Powers Authority (JPA.) BACKGROUND The city of Baldwin Park is a member of the Foothill Transit JPA and Council member Marlen Garcia serves as the city's representative. During Council Communications at the meeting of March 5, 2008, Council member Marlen Garcia announced that the Foothill Transit board was considering extending an invitation to the city of Pasadena to join the JPA. She expressed the importance of having a larger city such as Pasadena join the JPA to bring more clout to the region and further stated that public transportation was becoming a regional issue that cities were beginning to address. At the time, no additional Council comments were made on this subject. DISCUSSION At the Foothill Transit Annual Meeting on May 7, 2008, the Governing Board voted to extend an invitation to the city of Pasadena to join the JPA. If they are to accept this invitation, all current member organizations would have to ratify the addition of this new member. This would include the approval of each City Council for the current member cities and the County of Los Angeles. Foothill Transit is now requesting official comments regarding the addition of Pasadena as a member agency. Staff Report — Letter of Support — Pasadena Joining Foothill Transit JPA Page 2 RECOMMENDATION Staff recommends City Council authorize staff to send a letter to Foothill Transit supporting the addition of the city of Pasadena to the JPA. Attachment • Draft Letter of Support November 6, 2008 The Honorable Peggy Delach Executive Board President Foothill Transit 100 S. Vincent Avenue, Suite 200 West Covina, CA 91790 -2944 Dear President Delach: We appreciate the opportunity to Pasadena on the Governinq Board The City Council the addition of of the efforts to our region. Should the city of create better linkage 1 that are already in pla inclusion of the city of �prt of this action. We believe that rve to bolster the political clout s on public transportation needs in ,h) e to accept this invitation, we feel that it will also arts of the valley and improve the transportation systems We look forward to the opportunity to participate in further discussion on this matter. Sincerely, Manuel Lozano Anthony J. Bejarano Mayor Mayor Pro Tern Marlen Garcia Monica Garcia Ricardo Pacheco Councilmember Councilmember Councilmember TO: Honorable Mayor and Members of the C C�!Vynci FROM: Vijay Singhal, Chief Executive Office DATE: November 5, 2008 SUBJECT: LETTER OF SUPPORT FOR FEDERAL PERCHLORATE STANDARDS IN DRINKING WATER The purpose of this report is to request City Council approval of letter of support for federal perchlorate standards in drinking water. BACKGROUND At the City Council meeting of October 1, 2008, Council member Marlen Garcia requested Council support of continued limits for perchlorate in drinking water. DISCUSSION In October 2008 the United States Environmental Protection Agency (EPA) announc that it will not issue a drinking water standard for the chemical perchlorate, stating th there is not a "meaningful opportunity for healt1h risk reduction" through a nation drinking water regulation. Perchlorate is a primary ingredient in rocket fuel, munitions and explosives and has been linked to thyroid problems in pregnant women, newborns and young children nationwide. Contamination by this chemical has been identified in groundwater resources in the San Gabriel Valley and California is one of two states in the country that requires the removal of perchlorate from drinking water. Congresswoman Hilda Solis has pushed for legislation that would force the EPA to set i?. federal perchlorate standard (H.R. 213.) The City Council adopted a resolution in 2005 supporting Solis' Senate Bill amending the Safe Drinking Water Act to require a national primary drinking water regulation for perchlorate. Staff Report — Letter of Support — Perchlorate Regulations Page 2 Staff recommends City Council authorize staff to send a letter to United States Congresswoman Hilda Solis declaring its support of continued federal perchlorate standards in drinking water. Attachment • Draft Letter of Support • Congresswoman Hilda Solis Press Release November 6, 2008 The Honorable Hilda Solis 32nd Congressional District 1414 Longworth House Offic Bu Washington, DC 20 Dear Congresswoman olio As you are aware, in Oct bOohe longer issue a drinking wate stando �nrNe—ntal Protection Agency (EPA) announced that it will no the chemical perchlorate. As leaders of a community affected by contamination of groundwater resources by the chemical perchlorate, we cannot support the proposed actions of the EPA. Considering that no evidence to change the scientific conclusions that perchlorate can potentially cause health issues such as thyroid problems in pregnant women, newborns and young children has been reached, we support continued regulations of perchlorate contamination in drinking water. We look forward to your continued efforts to craft legislation that will protect our national primary drinking water resources. Sincerely, Manuel Lozano Anthony J. Bejarano Mayor Mayor Pro Tem Marlen Garcia Monica Garcia Ricardo Pacheco Councilmember Councilmember Councilmember Hilda L, S011's 32nd District Of California C. MESS Feeds I En Espahol I h'itemap j Search E-News Sign-Up Constituent Services Issues i My t'`lork ire Congress I Eioclra;>17y i 32nd District Media Center i;,orltaet I Horne >> Press Releases Audio & Video >> Photo Gallery Letters Op -Eds & Articles Newsletters For Immediate Release October 3, 2008 Contact: Roberto Soberanis (202) 225 -5464; (202) 593 -1669 >> Press Kit Washington, D.C. - Reps. John D. Dingell (D -MI), the Chairman of the Committee on Energy and Commerce, and Hilda Solis (D -CA), a Member of the Committee on Energy and Commerce, today commented on news that the Environmental Protection Agency (EPA) is planning a ruling that will reject a national drinking water standard for perchlorate. The following may be attributed to Dingell: "The EPA's misguided decision not to act on perchlorate represents another stunning failure of the agency to perform its mission of protecting the public health and the environment. For more than ten years, the EPA has failed to act to protect communities from exposure to this dangerous toxin and, now, It announces that it will not regulate perchlorate. "The Committee will look closely at how EPA has conducted this process and how it justifies this decision." The following may be attributed to Solis: "A decision to not regulate is a decision that can only be based on politics, not on science. The interference of politics is the reason why I authored legislation to require the EPA to establish a safe drinking water standard for rocket fuel. "The EPA should protect public health - not the Department of Defense. I will fight this decision and continue working to protect public health and secure our nation's drinking water supplies." El Monte District Office East Leas Angeles District Office Washington, DC Office 4401 Santa Anita Avenue 4716 Cesar Chavez Avenue 1414 Longworth House Office Building Suite 211 Building A Washington, DC 20515 El Monte, CA 91731 East Los Angeles, CA 90022 Phone: (202) 225 -5464 Phone: (626) 448 -1271 Phone: (323) 307 -9904 Fax: (202) 225 -5467 Fax: (626) 448 -8062 Fax: (323) 307 -9906 Constituent Services 1 Issries My Work In Congress Biography i, 32nd Distnct Media Center i Contact i Siternap I Privacy Policy n,iCITY OF BALDWIN PARK _BALDWIN P A, R, K CITY COUNCIL E r r TO: Honorable Mayor and Members of the City_Council FROM: Manuel Carrillo Jr., Director of Recreation and Community Services DATE: November 5, 2008 SUBJECT: APPROVAL TO PURCHASE VEHICLES, WAIVE FORMAL BID PROCEDURES AND RESOLUTION 2008 -068 AUTHORIZING THE EXECUTION AND DELIVERY OF MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 11 AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH PURPOSE The purpose of this report is to request the City Council to authorize the lease /purchase of four (4) Police Department patrol vehicles under the Los Angeles County Sheriff's Department Bid, and approve Resolution 2008 -068 in order to execute the lease agreement. At their June 18, 2008 meeting, the City Council approved the Fiscal Year (FY) 2008 -2009 budget, which included a line item under Cost Center 58 for the lease/ purchase of four (4) Police Department patrol vehicles as replacements for outgoing stock. These vehicles can he pi,rrhased under the Los Angeles County Sheriff's Department Bid from an authorized dealer at net County cost. Staff is requesting a waiver of the formal bid process to allow staff to procure with a County authorized dealer as the City Council has done in previous years. Whenever the City Council finds it in the best interest of the public and fiscally beneficial, the City may purchase City supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies without complying with the requirements of Section 34 of the City Ordinance Code. Section 34.23 (C) provides forthe City Council to waive formal bidding procedures: When the City Council by four - fifths vote determines to dispense with such bidding and other procedures required in any individual instance upon finding by the Council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same. In addition, the City's current Master Lease - Purchase Agreement for the purchase of capital equipment and financing of vehicles with SunTrust was approved by the City Council on September 17, 2003 and remains in effect. FISCAL IMPACT According to the FY 2008 -09 budget $25,241.36 has been allocated towards an auto lease expense that will be utilized towards the lease /purchase of four (4) Police vehicles. Subsequently, in FY 2009 -2010 and FY 20010 -2011 budget years, $50,482.72 will be budgeted each year until FY 2011 -2012 when the final amount of $25,241.36 will be allocated to pay off the balance of the lease agreement. RECOMMENDATION Staff recommends that the City Council: 1) The City Council find (i) that it would be uneconomical to follow purchasing procedures since the vehicles are available at lower prices if purchased through an existing contract with the County and (ii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures; and 2) Waive formal bidding procedures and authorize staff to utilize the Los Angeles County Sheriff's bid for the lease /purchase with Sun Trust of four (4) Police Department vehicles; and 3) Waive further reading, read by title only and adopt Resolution No. 2008 -068 entitled, "A Resolution of the City Council of the City of Baldwin Park Authorizing the Execution and Delivery of Master Lease Agreement, Equipment Schedule No. 11, and Escrow Agreement and Related Instruments, and Determining Other Matters in Connection ThorOXA /ith and 4) Authorize Assistant Accounting Manager to expend $25,241.36 from Account 402.60.621.58140.00000.2. Attachments: Resolution No. 2008 -068 Lease Agreement Equipment Schedule No. 11 SuNTRusrM SENT VIA EMAIL rtam a)baldwinpark.com October 20, 2008 City of Baldwin Park Rose Tam 14403 East Pacific Avenue Baldwin Park, CA 91706 Re: Equipment Schedule #01625 -011 Dear Ms. Tam: Enclosed you will find the following documentation with regards to financing equipment for your review and execution: Schedule Documentation: • Exhibit A- Equipment Schedule No. 11 • Acceptance Certificate • Payment Schedule • Exhibit B -1 -Tax Agreement and Arbitrage Certificate • Exhibit D- Incumbency Certificate • Exhibit E- Opinion of Counsel Letter dated November 7, 2008 • Exhibit F- Escrow Agreement, with its Schedule I and Exhibit A • Exhibit G -1- Confirmation of Outside Insurance • Exhibit G- 2- Questionnaire for Self- Insurance to Lease and Addendum • Form 8038 -G • Disbursement Authorization In order to avoid any potential Rate increase, please return the enclosed executed documents, and the legal opinion letter dated November 7, 2008, via priority express delivery service (ex. Fed Ex or UPS), for my receipt on or before the morning of Friday, November 7, 2008 as follows: Ericka Donham 410 - 307 -6730 SunTrust Equipment Finance & Leasing Corp. (NEW NAME) 300 East Joppa Road, 7t" Floor Towson, MD 21286 Please note that a copy of the fully executed lease documents under this transaction will be returned electronically to you at the above e -mail address, unless you indicate otherwise. Additionally, please be sure to provide billing contact information if that contact information differs from the information on the Agreement. If you should have any questions or comments, please call me directly at 410 - 307 -6730 or via email at ericka.donham @suntrust.com Sincerely, Ericka Donham Portfolio Manager CITY OF BALDWIN PARK INDEX TO LEGAL DOCUMENTS BANK - QUALIFIED ESCROW Master Lease Agreement No. 01 625, Dated as of November 20, 2002; ON FILE Exhibit A - Equipment Schedule No. 11; Acceptance Certificate; Payment Schedule; Exhibit B -1 - Tax Agreement and Arbitrage Certificate; Exhibit D - Incumbency Certificate; Exhibit E - Opinion of Counsel; Exhibit F — Escrow Agreement, with its Schedule I and Exhibit A; Exhibit G -1 Confirmation of Outside Insurance; Exhibit G -2 Questionnaire for Self - Insurance to Lease and Addendum; UCC Financing Statements with attached Schedule A; Form 8038 -G. 10/21/2008 BQ- ESC/STB.D0Chev.04 /02. stl EXHIBIT A EQUIPMENT SCHEDULE NO. 11 TO LEASE NO. 01625 The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as November 20, 2002 (the "Agreement ") between the - undersigned Lessor and Lessee. The Agreement is incorporated herein-in- its - entirety, -- and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warrants that no Non - Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occurred under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. ID LinIwo1pl`►II1[!'ftZ�lgW The cost of the Equipment Group to be funded by Lessee under this Lease is 5139,197.64 (the "Acquisition Cost "). The Equipment Group consists of the following Equipment which has been or shall be purchased: Description Qty. Unit Cost Total Cost Dodge Charger (Police Vehicles) 4 $24,294.05 $97,176.20 Patrol Vehicles 4 $10,005.36 $40,021.44 SunTrust Documentation Fee 1 $1,000.00 $1,000.00 Total $138,197.64 The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Tenn, Lessee will provide written notice to Lessor: CITY OF BALDWIN PARK, Lessee By: Name: Vijay Singhal Title: Chief Executive Officer Date: Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 Telephone: 626/960 -4011 Facsimile: 626/962 -2625 10/20/2008: BQ- ESC -DOC /i ev.04 /02. stl 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor Bv: Name: Donald S. Keough Title: Vice President Date: Address: 300 East 7oppa Road, 7th Floor Towson, MD 21286 Telephone: 410/307 -6648 Facsimile: 410/307 -6702 Lease No.: 01625 Equipment Schedule: I 1 ACCEPTANCE CERTIFICATE I, the undersigned, hereby certify that I am the duly qualified and acting officer of the Lessee identified below and, with respect to the above referenced Equipment Schedule and Lease, that: 1. The Equipment described below has been delivered and installed in accordance with Lessee's specifications, is in good working order and is fully operational and has been fully accepted by Lessee on or before the date indicated below: 2. Attached are (a) evidence of insurance with respect to the Equipment in compliance with Article VII of the Agreement; (b) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment, and if such invoices have been paid by Lessee, evidence of payment thereof (evidence of official intent to reimburse such payment as required by the Code having been delivered separately by Lessee); and (c) financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is subject to certificate of title laws. 3. Rental Payments shall be due and payable by Lessee on the dates and in the amounts indicated on the Payment Schedule attached to the Equipment Schedule. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current Fiscal Year of Lessee. Such moneys will be applied in payment of all such Rental Payments due and payable during such current Fiscal Year. Lessee anticipates that sufficient funds shall be available to make all Rental Payments due in subsequent Fiscal Years. 4. Lessee hereby authorizes and directs Lessor to fund the Acquisition Cost of the Equipment by paying, or directing the payment by the Escrow Agent (if applicable) of, the invoice prices to the Vendor(s), in each case as set forth above, or by reimbursing Lessee in the event such invoice prices have been previously paid by Lessee. 5. Final Acceptance Certificate. This Acceptance Certificate constitutes final acceptance of all of the Equipment identified in the Equipment Schedule described above. Lessee certifies that upon payment in accordance with paragraph 4 above, or direction to the Escrow Agent (if applicable) to make payment, Lessor shall have fully and satisfactorily performed all of its covenants and obligations under the Lease. [CHECK BOX IF APPLICABLE.] CITY OF BALDWIN PARK, Lessee By: _ Name Title: Date: 10/20/2008 BQ- ESC DOChev_04 /02.sd Vijay Singhal Chief Executive Officer Lease Number: 01625 Equipment Schedule: 11 The Funding Date with respect to the above referenced Equipment Group shall be November 7, 2008. Lessor shall retain any interest accruing between the Funding Date and the closing date. The Annual Interest Rate applicable to the Equipment Group shall be 5.75 %. Lessee will make Rental Payments each consisting of Principal and Interest as set forth below for a term of three (3) years. The first Rental Payment is due on February 7, 009 and subsequent payments are due quarterly on like date thereafter. Payment Payment Payment Principal Interest Prepayment Numbe Date Amount Component Component Price* 1 2/7/2009 12,620.68 10,634.09 1,986.59 131,390.46 2 5/7/2009 12,620.68 10,786.96 1,833.72 120,279.89 3 8/7/2009 12,620.68 10,942.02 1,678.66 109,009.60 4 11/7/2009 12,620.68 11,099.31 1,521.37 97,577.31 5 2/7/2010 12,620.68 11,258.86 1,361.82 85,980.68 6 5/7/2010 12,620.68 11,420.71 1,199.97 74,217.35 7 8/7/2010 12,620.68 11,584.88 1,035.80 62,284.91 8 11/7/2010 12,620.68 11,751.41 869.27 50,180.96 9 2/7/2011 12,620.68 11,920.34 700.34 37,903.01 10 5/7/2011 12,620.68 12,091.70 528.98 25,448.56 11 8/7/2011 12,620.68 12,265.51 355.17 12,815.08 12 11/7/2011 12 620.68 12 441.83 178.85 0.00 Totals 151,448.16 138197.64 13,250.52 CITY OF BALDWIN PARK, Lessee By: Name: Vijay Singhal Title: Chief Executive Officer Date: * After payment of Rental Payment due on such date. 4 10/20/2008 BQ -ESC. DOCh-- 04 /02.st1 [Escrow] EXHIBIT B -I Lease Number: 01625 Equipment Schedule: 11 This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate ") is issued by CITY OF BALDWIN PARK ( "Lessee ") in favor of SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ( "Lessor ") in connection with that certain Master Lease Agreement dated as of November 20, 2002 (the "Agreement "), by and between Lessor and Lessee. The terns capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. Section 1. In General. l.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the "Equipment ") to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the Equipment Schedule referenced above (the "Equipment Schedule ") executed under the Agreement (together with all related documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents "). As described in the Financing Documents, Lessor shall apply S138,197.64 (the "Principal Amount ") toward the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and conditions as set forth in the Financing Documents. 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing Documents, a copy of which has been delivered to Lessor. 1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Schedule. The Principal Amount will be deposited in escrow by Lessor on the date of issuance of the Financing Documents and held by SUNTRUST BANK, as escrow agent (the "Escrow Agent ") pending acquisition of the Equipment under the terms of that certain Escrow Agreement dated as of November 7, 2008, (the "Escrow Agreement "), by and between Lessor and Escrow Agent. 1.4. Lessee will timely file for each payment schedule issued under the Lease a Form 8038 -G (or, if the invoice price of the Equipment under such schedule is less than $100,000, a Form 8038 -GC) relating to such Lease with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code "). 1.5. Lessee has not issued, and reasonably anticipates that it and its subordinate entities, if any, will not issue, tax- exempt obligations (including the Lease) in the amount of more than $10,000,000 during the current calendar year. Lessee hereby designates the Lease as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code and agrees that it and its subordinate entities, if any, will not designate more than $10,000,000 of their obligations as "qualified tax - exempt obligations" during the current calendar year. Section 2. Non - Arbitrage Certifications. 2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor. 2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a common plan of financing with the Financing Documents and (iii) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents. 2.3. Other than the Principal Amount held under the Escrow Agreement, Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment. 2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Docmnents. Section 3. Disbursement of Funds; Reimbursement to Lessee. 3.1. It is contemplated that the entire Principal Amount deposited in escrow will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement 10/20/2008 BQ- ESC .DOChev 04 /02 -st] for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied. 3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the following conditions have been satisfied: (a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150 -2 (the "Declaration of Official Intent "), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted the Declaration of Official Intent; (b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the expenditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; (c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and (d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treasury Regulation § 1.148 -10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements. Section 4 Use and Investment of Funds; Temporary Period. 4.1. Lessee has incurred or will incur, within six (6) months from the date of issuance of the Financing Documents, binding obligations to pay an amount equal to at least five percent (5 %) of the Principal Amount toward the costs of the Equipment. An obligation is not binding if it is subject to contingencies within Lessee's control. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment. 4.2. An amount equal to at least eighty -five percent (85 %) of the Principal Amount will be expended to pay the cost of the Equipment by the end of the three -year period commencing on the date of this Certificate. No portion of the Principal Amount will be used to acquire investments that do not carry out the governmental purpose of the Financing Documents and that have a substantially guaranteed yield of four (4) years or more. 4.3. (a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount deposited under the Escrow Agreement to the Internal Revenue Service if required by, and in accordance with, Section 148(f) of the Code, and make the annual determinations and maintain the records required by and otherwise comply with the regulations applicable thereto. Lessee reasonably expects to cause the Equipment to be acquired by Apri l 7, 2010. (b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in accordance with Section 148(f) of the Code unless (i) the entire Principal Amount is expended on the Equipment by the date that is the six - month anniversary of the Financing Documents or (ii) the Principal Amount is expended on the Equipment in accordance with the following schedule: At least fifteen percent (15 %) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within six months from the date of issuance of the Financing Documents; at least sixty percent (60 %) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within 12 months from the date of issuance of the Financing Documents, and one hundred percent (100 %) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment prior to eighteen (18) months from the date of issuance of the Financing Documents. (e) Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a "private activity bond" under Section 141 of the Code; (iii) at least ninety -five percent (95 %) of the Principal Amount is used for the governmental activities of Lessee; and (iv) the aggregate principal amount of all tax- exempt obligations (including the Lease) issued by Lessee and its subordinate entities, if any, during the current calendar year is not reasonably expected to exceed $5,000,000. Accordingly, the rebate requirements of Section 148(f) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above. Section I Escrow Account. The Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or manufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Financing Documents being treated as an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended (the "Code "), respectively. Any monies which are earned from the investment of these finds shall be labeled as interest earned. All such monies will be disbursed on or promptly after the date that Lessee accepts the Equipment. Section 6. No Private Ilse; No Consumer Loan. 6.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more than 10% of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten percent (10 %) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use. In addition, if both (A) more than five percent (5 %) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5 %) of the Principal Amount plus interest earned thereon is secured by Private Business Use I0 /20 /2008.BQ- ESC.D0Ch cv04 /02.sd property or payme.its as described above, then the excess over such five percent (5 %) (tae "Excess Private Use Portion ") will be used for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which such Excess Private Use Portion is related. For purposes of this paragraph 6. 1, "Private Business Use" means use of bond proceeds or bond financed - property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public. 6.2. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or finance any loans to non- governmental entities or to any governmental agencies other than Lessee. Section 7. No Federal Guarantee. -- 7.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof. 7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section S. Miscellaneous. 8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings thereon for a period of five (5) years after payment in full under the Financing Documents. 8.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of November 7, 2008. CITY OF BALDWIN PARK, Lessee By: _ Name: Title: Date: 10 /20 /2008:BQ -ESC. DOChev.04 /02 -stl Vijay Singhal Chief Executive Officer EXHIBIT D Lease No.: 01625 Equipment Schedule: 11 I do hereby certify that I am the duly elected or appointed and acting Deputy QtV Clerk of CITY OF BALDWIN PARK, a political subdivision duly organized and existing under the laws of the State of California, that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Master Lease Agreement dated as of November 20, 2002 between such entity and SUNTRUST EQUIPMENT FINANCE & LEASING CORP.. IN WITNESS WHEREOF, I have duly executed this certificate as of day of 12008. Rv Name: Laura Nieto Title: Deputy City Clerk 10 10/20/2008 BQ- ESC .DOC /iev.04 /02.stl ALESHIRE WYNDER, LLP ATTORNEYS AT LAW www,awattorneys.com Email: jpannoiie @awattorne))s.con2 November , 2008 SunTrust Equipment Financing & Leasing Corp. 300 East Joppa Road, 7th Floor Towson, MD 21286 Los Angeles Office: South Bay Centre 1515 West 190th Street South Tower, Suite 565 Gardena, California 90248 Phone 310.527.6660 Fax 310.532.7395 Orange County Office: 18881 Von Karman Avenue Suite 400 Irvine, California 92612 Phone 949.223.1170 Fax 949.223.1180 Re: Equipment Schedule No. 11 to Master Lease Agreement dated as of November 20, 2002 (the "Agreement ") by and between SunTrust Leasing Corporation ( "Lessor ") and City of Baldwin Park ( "Lessee ") Ladies and Gentlemen: The fine of Alvarez - Glasman & Colvin has previously acted as counsel to Lessee with respect to the Agreement described above and various related matters and provided its opinion I dated November 21, 2002, regarding the validity thereof (the "Alvarez- Glasman Opinion "). We have been provided no information to indicate the opinions contained therein have been rendered incorrectly by any action or inaction occurring subsequent thereto and base our opinion herein thereon to the extent such opinions relate to the Agreement. In addition, we have acted as counsel to Lessee with respect to Equipment Schedule No. 11 to the Agreement, and in this capacity have reviewed said Equipment Schedule No. 11. Equipment Schedule No. ll together with the Agreement is herein referred to as the "Lease." The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of the Alvarez- Glasman Opinion, Equipment Schedule No. 10, and such other documents as were provided by Lessee, it is our opinion that: 1) Lessee is a political subdivision of the State of California (the "State ") within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and the law of the State. 2) Lessee is authorized and has the power under applicable law to enter into the Lease and to carry out its obligations thereunder and the transactions contemplated thereby. 3) The Lease has been duly authorized. Upon execution and delivery of Equipment Schedule No. 11 by and on behalf of Lessee, it will be a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 01067/0001/62847.01 SunTrust Equipment Financing & Leasing Corp. November , 2008 Page 2 4) The authorization of the Lease has been performed in accordance with all applicable open meeting, public records, public bidding, and other applicable laws, rules and regulations of the State. 5) The execution of the Lease and the appropriation of moneys to pay the Rental Payments coming due thereunder in any one fiscal year do not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6) Based upon information provided by Lessee, there is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenged the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper authorization and /or execution of the Lease or the documents contemplated thereby, the appropriation of moneys to make Rental Payments under the Lease for the current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. To the best of our knowledge, no such litigation, action, suit or proceeding is threatened. 7) The Equipment in Equipment Schedule No. 11 is personal property and when used by Lessee will not be or become fixtures under the laws of the State. 8) On November 5, 2008, the governing body of Lessee validly adopted a motion approving and authorizing the Lease arrangement and financing therefor and such approval and authorization has not been amended, modified, supplemented or repealed and remains in full force and effect. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. Very truly yours, Joseph W. Pannone City Attorney, City of Baldwin Park 01067/0001/62847.01 EXHIBIT F Lease No.: Shown on Schedule I Equipment Schedule: Shown on Schedule I SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ESCROW AGREEMENT This ESCROW AGREEMENT, made and entered into as of the Date shown on Schedule I, by and among SUNTRUST EQUIPMENT FINANCE & LEASING CORP., a Virginia corporation ( "Lessor "), the Lessee named on Schedule 1, which is a political subdivision or public body politic and corporate of the State or Commonwealth shown on Schedule I ( "Lessee "), and SUNTRUST BANK, a Georgia banking corporation, as Escrow Agent ( "Escrow Agent "). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND RECITALS Section 1.1. Definitions. The terms defined in this Section 1.1 shall, for all purposes of this Escrow Agreement, have the meanings specified below or on Schedule I. "Acquisition Costs" means, with respect to the Equipment, the contract price paid or to be paid to the person entitled to such payment upon acquisition or delivery of any portion of the Equipment in accordance with the purchase order or contract herefore. Acquisition Costs may include the administrative, engineering, legal, financial and other costs incurred by Lessee in connection with the acquisition, delivery and financing of the Equipment, if approved by Lessor. "Equipment" means the personal property described in the Acceptance Certificate executed pursuant to the Lease, together with any and all modifications, additions and alterations thereto, to be acquired from the moneys held in the Equipment Acquisition Fund. "Equipment Acquisition Fund" means the account by that name established and held by Escrow Agent pursuant to Article II of this Escrow Agreement. "Escrow Agent Fee" has the meaning set forth in Section 6.1 and the amount of such Escrow Agent Fee is shown on Schedule I. "Escrow Agreement" means this Escrow Agreement and any duly authorized and executed amendment or supplement hereto. "Initial Deposit Amount" means the amount shown as the Initial Deposit Amount on Schedule 1. "Lease" means the Master Lease, together with the Equipment Schedule identified on Schedule I, by and between Lessee and Lessor, and any duly authorized and executed amendment or supplement thereto. "Master Lease" means the Master Lease Agreement, dated as of the date shown on Schedule I, by and between Lessee and Lessor, including any Equipment Schedules entered into thereunder and any duly authorized and executed amendment or supplement thereto. "Payment Request Form" means the document substantially in the form attached hereto as Exhibit A to be executed by Lessee and Lessor and submitted to Escrow Agent to authorize payment of Acquisition Costs. "Qualified Investments" means the ST Leasing — Corp Agency NOW Account, a SunTrust Deposit Account for Escrow customers of SunTrust Equipment Finance & Leasing Corp. and SunTrust Bank. By signing this Escrow Agreement, Lessee acknowledges that such Qualified Investment is a permitted investment under any state, county or municipal law applicable to the investment of Lessee's fumds. ARTICLE IL APPOINTMENT OF ESCROW AGENT; AUTHORITY Section 2.1. Appointment of Escrow Agent. Lessor and Lessee hereby appoint and employ Escrow Agent to receive, hold, invest and 12 10 /20 /2008:BQ- ESCDOChev. 04 /02.st1 disburse the moneys to be paid to Escrow Agent pursuant to this Escrow Agreement and to perform certain other functions, all as hereinafter provided. By executing and delivering this Escrow Agreement, Escrow Agent accepts the duties and obligations of Escrow Agent hereunder. Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and no additional duties or obligations shall be implied hereunder. In performing its duties under this Escrow Agreement, or upon the claimed failure to perform any of its duties hereunder, Escrow Agent shall not be liable to anyone for any damages, losses or expenses which may be incurred as a result of Escrow Agent so acting or failing to so act; provided, however, Escrow Agent shall not be relieved from liability for damages arising out of its proven gross negligence or willful misconduct under this Escrow Agreement. Escrow Agent shall in no event incur any liability with respect to (i) any action taken or omrttee to be taken in good faith upon advice of legal counsel; which maybe counsel to any party hereto, given with respect to any question relating to the duties and responsibilities of Escrow Agent hereunder or (ii) any action taken or omitted to be taken in reliance upon any instrument delivered to Escrow Agent and believed by it to be genuine and to have been signed or presented by the proper party or parties. Escrow Agent shall not be bound in any way by any agreement or contract between Lessor and Lessee, including the Master Lease, whether or not Escrow Agent has knowledge of any such agreement or contract. Section 2.2. Authoritv�. Each of the parties has authority to enter into this Escrow Agreement, and has taken all actions necessary to authorize the execution of this Escrow Agreement by the representatives whose signatures are affixed hereto. ARTICLE lIl. EQUIPMENT ACQUISITION FUND Section 3.1. Equipment Acquisition Fund. Escrow Agent shall establish a special escrow account designated as the "Equipment Acquisition Fund" (the `Equipment Acquisition Fund "), shall keep such Equipment Acquisition Fund separate and apart from all other fiends and moneys held by it and shall administer such Equipment Acquisition Fund as provided in this Escrow Agreement. Section 3.2. Deposit. Upon execution of the Lease and delivery to Lessor by Lessee of all documents required to be delivered thereunder, Lessor shall deposit or cause to be deposited with Escrow Agent an amount equal to the Initial Deposit Amount. Escrow Agent shall credit such amount to the Equipment Acquisition Fund. The Initial Deposit Amount is to be sent by Lessor to Escrow Agent by wire transfer to: SunTrust Bank, ABA# 061000104, Account# 9443001321, Account Name: Corporate Agency Richmond, Beneficiary as shown on Schedule 1, Attention: Matthew Ward. Section 3.3. Disbursements. Escrow Agent shall use the moneys in the Equipment Acquisition Fund from time to time to pay the Acquisition Cost of each item of Equipment, within a reasonable time of receipt with respect thereto of a Payment Request Form executed by Lessor and Lessee. Upon receipt of a Payment Request Form executed by Lessor and Lessee, an amount equal to the Acquisition Cost as shown therein shall be paid directly by Escrow Agent to the person or entity entitled to payment as specified therein. Although the Payment Request Form may have schedules, invoices and other supporting document attached to it, Lessor will send to Escrow Agent only the page or pages showing the signatures of Lessor and Lessee, the Acquisition Cost and related payment information, without such schedules, invoices or other supporting documentation. Escrow Agent may act and rely upon the signed Payment Request Form without the need to review or verify any such schedules, invoices or other supporting documentation. Section 3.4. Transfers Upon Completion. Unless all of the funds deposited by Lessor in the Equipment Acquisition Find have been previously disbursed pursuant to Section 3.3 or paid to Lessor pursuant to Section 3.5, on the Ending Date shown on Schedule 1, Escrow Agent shall pay upon written direction all remaining moneys in the Equipment Acquisition Fund to Lessor or its assignee for application as a prepayment of the unpaid Principal under the related Lease. Any amounts paid pursuant to this Section 3.4 shall be subject to a prepayment fee equal to two percent (2 %) of such amount. Lessor shall apply amounts received under this Section 3.4 first to unpaid fees, late charges and collection costs, if any, which have accrued or been incurred under the Master Lease, then to overdue Principal and Interest on the Lease and then, in the sole discretion of Lessor, either (i) to Principal payments thereafter due under the Lease in the inverse order of their maturities or (ii) proportionately to each Principal payment thereafter due under the Lease. In the event that Lessor elects to apply any such amounts in accordance with clause (i) of the preceding sentence, Lessee shall continue to make Rental Payments as scheduled in the applicable Payment Schedule. In the event that Lessor elects to apply such amounts in accordance with clause (ii) of this Section 3.4, Lessor shall provide Lessee with a revised Payment Schedule which shall reflect the revised Principal balance and reduced Rental Payments due under the Lease. Capitalized terms used in this Section 3.4, but not defined herein, shall have the meanings given to such terms in the Lease. Escrow Agent shall have no responsibility to see to the appropriate application of ally moneys returned tinder this Section 3.4. Section 3.5. Liquidation. Upon receipt of written notice from Lessor or Lessee that the Lease has been terminated pursuant to Sections 13 10/20/2008_BQ -ESC. DOGrev.04/02. st7 3.2 or 12.2 thereof, Escrow Agent shall liquidate all investments held in the Equipment Acquisition Fund and transfer the proceeds thereof and all other moneys held in the Equipment Acquisition Fund to Lessor. Section 3.6. Responsible Party The Lessee shall be responsible for the initiation of the disbursement process pursuant to Section 3.3 hereof. Neither Escrow Agent nor Lessor shall be responsible for any additional monies assessed to Lessee resulting from disbursements made from the Equipment Acquisition Fund. ARTICLE IV. TRUST; INVESTMENT Section 4.1. Irrevocable Trust. The moneys and investments held by Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of Lessor and Lessee, and such moneys, together with any income or interest earned, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessor or Lessee (other than Lessor's security interest granted hereunder). Escrow Agent shall have no responsibility at any time to ascertain whether or not any security interest exists in the Equipment Acquisition Fund or any part of the Equipment Acquisition Fund or to file any financing statement under the Uniform Commercial Code of any jurisdiction with respect to the Equipment Acquisition Fund or any part thereof. Section 4.2. Investment. Moneys held by Escrow Agent hereunder shall be invested and reinvested by Escrow Agent only in Qualified Investments. Such investments shall be registered in the name of Escrow Agent and held by Escrow Agent for the benefit of Lessor and Lessee. Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Article IV. Such investments and re- investments shall be made giving full consideration for the time at which funds are required to be available. Any income received on such investments shall be credited to the Equipment Acquisition Fund and any loss on such investments shall be charged to the Equipment Acquisition Fund. Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment of moneys made by it in accordance with this Article IV. Section 4.3. Disposition of Investments. Escrow Agent shall, without further direction from Lessor or Lessee, sell such investments as and where required to make any payment from the Equipment Acquisition Fund. Section 4.4. Accounting. Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Escrow Agreement which shall be available for inspection by Lessor or Lessee, or the agent of either of them, at any time during regular business hours upon prior written request. Escrow Agent shall furnish to Lessor and Lessee no less than quarterly an accounting of all investments and interest and income therefrom. Section 4.5. Termination. This Escrow Agreement shall tenninate upon disbursement by Escrow Agent of all moneys held by it hereunder. Notwithstanding the foregoing, this Escrow Agreement shall not be considered to be terminated until all fees, costs and expenses of Escrow Agent have been paid in full. Upon termination, Escrow Agent shall be discharged from all duties and responsibilities under this Escrow Agreement. ARTICLE V. ESCROW AGENT'S AUTHORITY; INDEMNIFICATION Section 5.1. Validity. Escrow Agent may act upon any writing or instrument or signature which it believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instti rnent, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so, and Escrow Agent shall be under no duty to make any investigation or inquiry as to any of the foregoing. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same. Escrow Agent shall be entitled to rely upon any statement, certificate, document or instrument presented to it by or on behalf of Lessee by any of the Lessee's Authorized Representatives shown on Schedule I and shall be entitled to rely upon any such statement, certificate, document or instrument presented to it by any other person who identifies himself or herself as an authorized representative of Lessee. Section 5.2. Use of Counsel and Agents. Escrow Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers. Escrow Agent shall be entitled to advice of counsel concerning all matters of trust and its duties hereunder and shall be paid or reimbursed the reasonable fees and expenses of such counsel, as provided in Section 6.1. 14 10/20 /2008 -BQ -F SC DOCrev.04 /02. A Escrow Agent shall not be answerable for the default or misconduct of any such attorney, agent, or receiver selected by it with reasonable care. Section 5.3. Interpretation. As an additional consideration for and as an inducement for Escrow Agent to act hereunder, it is understood and agreed that, in the event of any disagreement between the parties to this Escrow Agreement or among them or any other persons resulting in adverse claims and demands being made in connection with or for any money or other property involved in or affected by this Escrow Agreement, Escrow Agent shall be entitled, at the option of Escrow Agent, to refuse to comply with the demands of such parties, or any of such parties, so long as such disagreement shall continue. In such event, Escrow Agent shall make no delivery or other disposition of the Equipment Acquisition Fund or any part of the Equipment Acquisition Fund. Anything herein to the contrary notwithstanding, Escrow Agent shall not be or become liable to such parties or any of them for the failure of Escrow Agent to comply with the conflicting or adverse demands of such parties or any of such parties. Escrow Agent shall be entitled to continue to refrain and refuse to deliver or otherwise dispose of the Equipment Acquisition Fund or any part thereof or to otherwise act hereunder, as stated above, unless and until: 1. the rights of such parties have been finally settled by binding arbitration or duly adjudicated in a court having jurisdiction of the parties and the Equipment Acquisition Fund; or 2. the parties have reached an agreement resolving their differences and have notified Escrow Agent in writing of such agreement and have provided Escrow Agent with indemnity satisfactory to Escrow Agent against any liability, claims or damages resulting from compliance by Escrow Agent with such agreement. In the event of a disagreement between such parties as described above, Escrow Agent shall have the right, in addition to the rights described above and at the option of Escrow Agent, to tender into the registry or custody of any court having jurisdiction, all money and property comprising the Equipment Acquisition Fund and may take such other legal action as may be appropriate or necessary, in the opinion of Escrow Agent. Upon such tender, the parties hereto agree that Escrow Agent shall be discharged from all further duties and responsibilities under this Escrow Agreement; provided, however, that the filing of any such legal proceedings shall not deprive Escrow Agent of its compensation hereunder earned prior to such filing and discharge of Escrow Agent of its duties and responsibilities hereunder. The parties hereto jointly and severally agree that, whether under this Section 5.3 or any other provisions of this Escrow Agreement, in the event any controversy arises under or in connection with this Escrow Agreement or the Equipment Acquisition Fund or in the event that Escrow Agent is made a party to or intervenes in any litigation pertaining to this Escrow Agreement or the Equipment Acquisition Fund, to pay to Escrow Agent reasonable additional compensation for its extraordinary services and to reimburse Escrow Agent for all costs and expenses associated with such controversy or litigation, including reasonable attorney's fees. Section 5.4. Limited Liability of Escrow Agent. Escrow Agent shall not be liable in connection with the performance or observation of its duties or obligations hereunder except for in the case of its proven gross negligence or willful misconduct. Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement L r the failure or refusal of any other parry to perform any covenant or agreement made by such party hereunder or under the Master Lease, but shall be responsible solely for the performance of the duties and obligations expressly imposed upon it as Escrow Agent hereunder. Section 5.5. Indemnification. Escrow Agent shall have no obligation to take any legal action in connection with this Escrow Agreement or towards its enforcement, or to appear in, prosecute or defend any action or legal proceeding which would or might involve it in any cost, expense, loss or liability unless security and indemnity, as provided in this Section 5.5, shall be furnished. To the extent permitted by applicable law, Lessee agrees to indemnify Escrow Agent and it officers, directors, employees and agents and save Escrow Agent and its officers, directors, employees and agents harmless from and against any and all Claims (as hereinafter defined) and Losses (as hereinafter defined) which may be incurred by Escrow Agent or any of such officers, directors, employees or agents as a result of Claims asserted against Escrow Agent or any of such officers, directors, employees or agents as a result of or in connection with Escrow Agent's capacity as such under this Escrow Agreement by any person or entity. For the purposes hereof, the term "Claims" shall mean all claims, lawsuits, causes of action or other legal actions and proceedings of whatever nature brought against (whether by way of direct action, counterclaim, cross action or impleader) Escrow Agent or any such officer, director, employee or agent, even if groundless, false or fraudulent, so long as the claim, lawsuit, cause of action or other Legal action or proceeding is alleged or determined, directly or indirectly, to arise out of, result from, relate to or be based upon, in whole or in part: (a) the acts or omissions of Lessor or Lessee, (b) the appointment of Escrow Agent as escrow agent under this Escrow Agreement, or 15 10/20/2008: BQ- ESC.DOC/— 04 /02.stl (c) the performance by Escrow Agent of its powers and duties under this Escrow Agreement; and the term "Losses" shall mean losses, costs, damages, expenses, judgments and liabilities of whatever nature (including but not limited to attorneys', accountants' and other professionals' fees, litigation and court costs and expenses and amounts paid in settlement), directly or indirectly resulting from, arising out of or relating to one or more Claims. Upon the written request of Escrow Agent or any such officer, director, employee or agent (each referred to hereinafter as an "Indenunifred Party "), and to the extent permitted by law, Lessee agrees to assume the investigation and defense of any Claim, including the employment of counsel acceptable to the applicable Indemnified Party and the payment of all expenses related thereto and, notwithstanding any such assumption, the Indemnified Party shall have the right, and Lessee agrees to pay the cost and expense thereof, to employ separate coutisel with respect to any such Claim and participate in the investigation and defense thereof in the event that such Indemnified Party shall have been advised by counsel that there may be one or more legaf defenses available to such Indemnified Party which are different from-or additional to those available to either Lessor or Lessee. Lessee hereby agrees that the indemnifications and protections afforded Escrow Agent in this Section 5.5 shall survive the termination of this Escrow Agreement. ARTICLE VI. COMPENSATION Section 6.1. Escrow Agent Fee. Escrow Agent and/or Lessor shall be paid by Lessee the Escrow Agency Fees shown on Schedule I for the ordinary services to be rendered hereunder (the "Escrow Agency Fees ") from interest earnings from a deduction taken by Lessor and expressly authorized by Lessee at the time the Escrow Account is closed, and will be paid and/or reimbursed by Lessee upon request for all costs, expenses, disbursements and advances, such as reasonable attorney's fees and court costs, incurred or made by Escrow Agent in connection with carrying out its duties hereunder, including the costs, expenses, disbursements and advances described in Sections 5.2, 5.3 and 6.2. The Escrow Agent Fee and such other costs, expenses, disbursements and advances shall be payable solely from the interest earnings from the Equipment Acquisition Fund. In the event a shortfall occurs, said shortfall shall be the responsibility of Lessee and not the responsibility of Escrow Agent, Lessor, or their agents or assigns. Such shortfall shall be paid by Lessee to Escrow Agent within 30 days following receipt by Lessee of a written statement setting forth such shortfall. Section 6.2. Investment Fees. Escrow Agent shall be entitled to charge reasonable fees and commissions in connection with the investment by it of amounts held in the Equipment Acquisition Fund (the "Investment Fees "). Investment Fees are more fully delineated and defined in any prospect-as referenced in or attached to the attached Schedule I. Other Investment Fees may apply for self - directed investment choices or for extraordinary investments outside the Qualified Investment defined herein. Lessor and Lessee hereby authorize Escrow Agent to periodically deduct the Investment Fees from investment earnings on the Equipment Acquisition Fund. Section 6.3. Security for Fees and Expenses. As security for all fees and expenses of Escrow Agent hereunder and any and all losses, claims, damages, liabilities and expenses incurred by Escrow Agent in connection with its acceptance of appointment hereunder or with the performance of its obligations under this Escrow Agreement and to secure the obligation of Lessee to indemnify Escrow Agent as set forth in Section 5.5, Escrow Agent is hereby granted a security interest in and a lien upon the Equipment Acquisition Fund, which security interest and lien shall be prior to all other security interests, liens or claims against the Equipment Acquisition Fund or any part thereof. ARTICLE VII. CHANGE OF ESCROW AGENT Section 7.1. Removal of Escrow Agent. Lessor and Lessee, by written agreement, may by written request, at any time and for any reason, remove Escrow Agent and any successor thereto, and shall thereupon appoint a successor or successors thereto, but any such successor shall have capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and be subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to statute or the requirements of any federal or state supervising or examining authority, then for the purposes of this Section 7. 1, the combined capital and surplus of such bank or trust company may be conclusively established in its most recent report of condition so published. Section 7.2. Resignation of Escrow Agent. Escrow Agent may resign at any time from it obligations under this Escrow Agreement by providing written notice to the parties hereto. Such resignation shall be effective on the date set forth in such written notice which shall be no earlier than 30 days after such written notice has been given, unless an earlier resignation date and the appointment of a successor Escrow Agent shall have been approved by Lessor and Lessee. In the event no successor escrow agent has been appointed on or prior to the date such resignation is to become effective, Escrow Agent shall be entitled to tender into the custody of a court of competent jurisdiction all assets then held by it hereunder and shall thereupon be relieved of all further duties and obligations under this Escrow Agreement. Escrow Agent shall have no responsibility for the appointment of a successor escrow agent hereunder. Section 7.3. Merger or Consolidation. Any entity into which Escrow Agent may be merged or converted, or with which it may be 16 10/20/2008: BQ- ESC -DOCK ev.04 /02.st1 consolidated, or any entity resulting from any merger, conversion or consolidation to which it shall be a party, or any company to which Escrow Agent may sell or transfer all or substantially all of its corporate trust business (provided that such company shall be eligible under Section 7.1) shall be the successor to Escrow Agent without any execution or filing or further act. ARTICLE VIII. ADMINISTRATIVE PROVISIONS. Section 8.1. Notice. All written notices to be given under this Escrow Agreement shall be given by mail, by facsimile or by overnight courier to the party entitled thereto at its contact information specified on Schedule I, or at such contact information as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or if given by other means, when delivered at the address or facsimile number specified in Schedule I. Any notice given by any party shall be given to both other parties. Section 8.2. Assignment. Except as expressly herein provided to the contrary, the rights and duties of each of the parties under this Escrow Agreement shall not be assignable to any person or entity without the written consent of all of the other parties. Notwithstanding the above, Lessor may freely assign all or any part of its interest in this Escrow Agreement and the Equipment Acquisition Fund in comiection with an assignment by Lessor of its rights under the Lease. Section 8.3. Binding Effect. This Escrow Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 8.4. Severability. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 8.5. Entire Agreement ;Amendments. This Escrow Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. By execution of this Escrow Agreement, Escrow Agent shall not be deemed or considered to be a party to any other document, including the Master Lease. This Escrow Agreement may be amended, supplemented or modified only by written documents duly authorized, executed and delivered by each of the parties hereto. Section 8.6. Cam. The captions or headings in this Escrow Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or clauses hereof. Section 8.7. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be necessary or proper to carry out the intention or to facilitate the performance of the parties under this Escrow Agreement, and for better assuring and confirming the rights and benefits provided herein. Section 8.8. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Virginia. Section 8.9. Execution in Counterparts. This Escrow Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Escrow Agreement. Section 8.10. Waiver of Jury Trial. Lessor, Lessee and Escrow Agent hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Escrow Agreement. Section 8.11. No Tax Re on rung. Escrow Agent will not be responsible for tax reporting of any income on the Equipment Acquisition Fund. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 17 10/20/2008 BQ- ESC.DOC /rev.04 /02 -stl EXECUTION PAGE OF ESCROW AGREEMENT IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the Date of Escrow Agreement shown on Schedule I. SUNTRUST BANK, Escrow Agent By Name Title: [SEAL] Schedule I Information to Complete Escrow Agreement Exhibit A Payment Request Form SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor Rv Name: Donald S. Keough Title: Vice President CITY OF BALDWIN PARK, Lessee RV Name: Vijay Singhal Title: Chief Executive Officer 18 10/20/2008: BQ- ESC- DOC /rev.04 /02.stl Lease Number: Equipment Schedule: Date of Escrow Agreement: Name of Lessee: Lessee's State / Commonwealth: Escrow Agent Fee: Initial Deposit Amount: Date of Master Lease Agreement: Beneficiary Name for Fund: Ending Date: Lessee's Address: SCHEDULEI INFORMATION TO COMPLETE ESCROW AGREEMENT D November 7, 200S CITY OF BALDWIN PARK CA $250.00 Investment Fees, if any, are more fully defined on the attached prospectus, if any $127,197.64 November 20,E CITY OF BALDWIN PARK April 7, 2010 14403 East Pacific Avenue Baldwin Park. CA 91706 Attention: Vijay Singhal Lessee's Telephone: 626/ 960-4011 Lessee's Facsimile: 626/ 962 -2625 Lessee's Taxpayer Identification Number: 95- 6005574 Lessee's Authorized Representatives Vijay Singhal, Chief Executive Officer [name /title] Escrow Agent's Address: SunT ust Bank, Inc. 919 East Main Street, 7th Floor Richmond, VA 23219 Attention: Emily Hare Escrow Agent's Telephone: (804) 782 -5400 Escrow Agent's Facsimile: (804) 782 -7855 Lessor's Address: SimTrust Equipment Finance & Leasing Corp. 300 East Joppa Road, 7th Floor Towson, MD 21286 Attention: Escrow Disbursement Coordinator Lessor's Telephone: (410) 307 -6749 Lessor's Facsimile: (410) 307 -6665 Lessor's Taxpayer Identification Number: 26- 1256148 19 10/20/2008 BQ- ESC .DOChev 04 /02stl [signature] [signature] Lease Number: 01625 Equipment Schedule: 11 PAYMENT REQUEST FORM NO. SUNTRUST BANK, as Escrow Agent under an Escrow Agreement dated as of November 7, 2008 (the "Escrow Agreement ") by and among the Escrow Agent, SUNTRUST EQUIPMENT FINANCE & LEASING CORP., as Lessor, and CITY OF BALDWIN PARK,as Lessee, is hereby requested to pay, from the Equipment Acquisition Fund, to the person or entity designated below as payee, that amount set forth opposite each such name, in payment of the Acquisition Costs of the Equipment designated opposite such payee's name and described on the attached page(s). The terms capitalized in this Payment Request Form but not defined herein shall have the meanings assigned to them in the Escrow Agreement. Ea= Amount F 4upn1wA The Lessee hereby certifies that: 1. Attached hereto is a duplicate original or certified copy of the following documents relating to the order, delivery and acceptance of the Equipment described in this Payment Request Form: (a) a manufacturer's or dealer's invoice; and (b) unless this Payment Request Form relates to partial payment of a Vendor, as defined in the Lease, in connection with a purchase order approved by Lessor, Lessee's Acceptance Certificate relating to the Equipment. 2. The representations and warranties contained in the Lease are true and correct as of the date hereof. 3. No Non. Appropriation or Event of Default, as each such term is defined in the Lease, or event which with the giving of notice or passage of time or both would constitute an Event of Default, has occurred. Dated: 20— CITY OF BALDWIN PARK, Lessee Rv Name: Vijay Singhal Title: Chief Executive Officer Date SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor By Nance: Title: Date: 20 10/20 /2008- BQ- ESCDOC /, ev.04 /02.st1 EXHIBIT G -1 Lease No.: 01625 Equipment Schedule: 11 DATE: November 7, 2008 _TO. _ -_ Insurance Agent Name & Address Phone Number and Fax Number Gentlemen: CITY OF BALDWIN PARK has entered into Equipment Schedule No. 11 to Master Lease Agreement dated as of November 20, 2002 with SUNTRUST EQUIPMENT FINANCE & LEASING CORP.. In accordance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and /or its assigns as Loss Payee. The Coverage Required is $138,197.64. b. Public Liability Insurance evidenced by a Certificate of Insurance naming SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and /or its assigns as Additional Insured. The following minimum coverage is required: Liability: $ 500,000.00 per person Liability - Bodily Injury: $1,000,000.00 aggregate Liability - Property Damage: $1,000,000.00 property damage liability PROPERTY: (4) Dodge Charges (Police Vehicles) and (4) Patrol Vehicles LOCATION: 14403 East Pacific Avenue Baldwin Park, CA 91706 Upon issuance of the coverage outlined above, please mail a certificate of insurance to SUNTRUST EQUIPMENT FINANCE & LEASING CORP., 300 East Joppa Road, 7th Floor, Towson, MD 21286. Your courtesy in issuing and forwarding the requested certificate at your earliest convenience will be appreciated. Very truly yours, CITY OF BALDWIN PARK, By: Name: Vijay Singhal Title: Chief Executive Officer Date: 21 10/ 20 /2008.BQ- ESCDOCh-ev.04 /02 -stl EXHIBIT G -2 Lease Number: 01625 Equipment Schedule: 11 QUESTIONNAIRE FOR SELF - INSURANCE TO MASTER LEASE AGREEMENT In connection with the Master Lease Agreement (the "Agreement "), dated as of November 20, 2002, made and entered into by and between SUNTRUST EQUIPMENT FINANCE & LEASING CORP., as Lessor (the "Lessor "), and the lessee identified below, as Lessee (the "Lessee "), Lessee warrants and represents to Lessor the following information. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. 1. Property Insurance. a. Lessee is self - insured for damage or destruction to the Equipment. YES NO (circle one) If yes, the dollar amount limit for property damage to the Equipment wider the Lessee's self - insurance program is $ The Lessee maintains an a nbrella insurance policy for claims in excess of Lessee's self- insurance lints for property damage to the Equipment as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for all risk property damage. YES NO (circle one) If yes, the dollar limit for property damage to the Equipment under such umbrella policy is $ a. Lessee is self - insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. YES NO (circle one) If yes, the dollar limit for such liability claims under the Lessee's self - insurance program is $ b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self- insurance limits for liability including injury or death of persons or damage to property as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for liabilities for injury and death to persons as well as damage or loss of property arising out of or relating to the condition or operation of the Equipment. YES NO (circle one) If yes, the dollar amount of the umbrella policy's limits for such liability coverage is $ 3A_ Sel([n uranre Funr1. a. Lessee maintains a self - insurance fund. YES NO (circle one) If yes, please complete the following: Monies in the self - insurance fwld are subject to annual appropriation. YES NO (circle one) The total amount maintained in the self - insurance fund to cover Lessee's self-insurance liabilities is $ Amownts paid from the Lessee's self-insurance fund are subject to limitations for each claim. YES NO (circle one) If yes, the dollar amount of limit per claim is $_ 22 10 /20 /2008:BQ- ESCDOC /rev 04 /02 -stl a. If Lessee does not maintain a self - insurance fund, please complete the following: Lessee obtains funds to pay claims for which it has self - insured from the following sources: b. The limitations on the amounts payable for claims from the above sources are as follows: a. The following entity or officer has authority to authorize payment for claim: b. In the event the entity or officer named in the prior response denies payment of a claim, does the claimant have recourse to another administrative officer, agency or the courts? YES NO (circle one) If yes, to whom does the claimant have recourse? Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. IN WITNESS WHEREOF, Lessee has caused this Questionnaire to be executed as a supplement to the representations of Lessee in the Agreement by its duly authorized officer. CITY OF BALDWIN PARK, Lessee By: Name: Title: Date: Vijay Singhal Chief Executive Officer Telephone: 626/960 -4011 Facsimile: 626/962 -2625 Attachment 23 10/20/2008 BQ- ESC.DOC/i cv.04 /02.sd SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ADDENDUM TO EQUIPMENT SCHEDULE NO. 11 TO MASTER LEASE AGREEMENT (LEASE NO. 01625) RELATING TO SELF - INSURANCE THIS ADDENDUM is made as of November 7, 2008, between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. (the "Lessor ") and CITY OF BALDWIN PARK (the 'Lessee "). Recitals A. Lessor and Lessee have entered into a Master Lease Agreement dated as of November 20, 2002 (the "Agreement "). B. Lessee desires to lease equipment described in Equipment Schedule No. 11 to the Agreement (the "Equipment ") and Lessee has requested that Lessor lease such Equipment to Lessee. C. With respect to Equipment Schedule No. 11, Lessee has requested that Lessor permit it to provide self - insurance for liability claims and property damage. D. Lessor is willing to grant Lessee's request subject to the following terms and conditions. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein and in the Agreement, it is hereby agreed as follows: 1. The terms capitalized in this Addendum but not defined herein shall have the meanings assigned to them in the Agreement. 2. Lessee hereby represents and warrants that all representations and warranties contained in the Agreement are true and correct as of the date hereof and that neither a Non - Appropriation nor any Event of Default or event which, with the passage of time or giving of notice or both, would constitute an Event of Default has occurred under the Agreement. 3. All other terms and conditions of the Agreement not specifically amended by this Addendum shall remain in full force and affect and are hereby ratified and confirmed by Lessee. 4. Lessee represents and warrants that all representations and warranties contained in the Questionnaire for Self- Insurance to Master Lease Agreement (the "Questionnaire ") are true and correct as of the date hereof. 5. Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided therein, agrees that Lessee may satisfy the requirements of Sections 7.1 through 7.3 of the Agreement with respect to Equipment Schedule No. 11 through self- insurance 6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule No. 11 to accept self - insurance in lieu of the insurance required by Section 7.1 through 7.3 of the Agreement at any time during the related Lease Term when Lessor deems itself insecure with respect to such self - insurance. Within thirty (30) days of receipt of notice from Lessor, Lessee agrees to obtain insurance in compliance with Section 7.1, 7.2 and 7.3 of the Agreement and provide evidence thereof to Lessor. IN WITNESS WHEREOF, the parties by their duly authorized officers have executed this Addendum as of the date and year first above written. CITY OF BALDWIN PARK, Lessee By: Name: Vijay Singhal Title: Chief Executive Officer Date: 24 10 /20 /2005BQ- ESC.DOC,- 04 /02.stl SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor By: _ Name Donald S. Keough Title: Vice President Date: [PAGE TO BE REPLACED BY UCC FINANCING STATEMENT] TO BE FILED ONLINE 25 10 /20 /2008BQ- ESC.D00- 04 /02st1 SCHEDULE A TO FINANCING STATEMENT OF CITY OF BALDWIN PARK, AS DEBTOR, AND SUNTRUST EQUIPMENT FINANCE & LEASING CORP., AS SECURED PARTY The financing statement to which this Schedule A is attached covers the types of property described on the face of such financing statement and all of the Debtor's right, title and interest in and to (collectively, the "Collateral "): (4) Dodge Charger (Police Vehicles) and (4) Patrol Vehicles (a) the equipment described in Equipment Schedule No. 11 dated as of November 7, 2008 (the "Equipment Schedule ") to the Master Lease Agreement dated as of November 20, 2002 (the "Agreement," and together with the Equipment Schedule, the "Lease ") between Debtor, as lessee, and Secured Party, as lessor, as such Lease may be amended, modified or supplemented from time to time together with all of Debtor's right, title and interest in and to the Equipment Acquisition Fund established in Debtor's name at SUNTRUST BANK (the "Escrow Agent ") pursuant to the Escrow Agreement dated as of November 7, 2008 (the "Escrow Agreement ") among Debtor, Secured Party and the Escrow Agent; (b) to the extent not included in the foregoing, all books, ledgers and records and all computer programs, tapes, discs, punch cards, data processing software, transaction files, master files and related property and rights (including computer and peripheral equipment) necessary or helpful in enforcing, identifying or establishing any item of Collateral; and (c) to the extent not included in the foregoing, all repairs, replacements, substitutions and modifications and all proceeds and products of any or all of the foregoing, whether existing on the date hereof or arising hereafter. 26 10/20/2008. BQ- ESC DOC/i ev.04 /01st1 SUNTRUST EQUIPMENT FINANCE & LEASING CORP. DISBURSEMENT AUTHORIZATION November 7, 2008 SunTrust Equipment Finance & Leasing Corp. 300 East Joppa Road, 7th Floor Towson, Maryland 21286 Gentlemen: In connection with the certain Equipment Schedule No. 11 executed between SunTrust Equipment Finance & Leasing Corp. and the Lessee identified below, pursuant to that certain Master Lease Agreement No. 01625 dated as of November 20, 2002, Lessee hereby directs SunTrust Equipment Finance & Leasing Corp. to wire transfer the monies as follows and to deduct the documentation fee due to SunTrust Equipment Finance & Leasing Corp. at closing: Destination Information: Bank Name SunTrust Bank - Richmond Bank ABA Number 061000104 Account Number 9443001321 Account Name Corporate Agency Richmond Attention Matt Ward 804 - 782 -7182 Dollar Value $137,197.64 Reference City of Baldwin Park, CA Documentation Fee: SunTrust Equipment Finance & Leasing Corp. Dollar Value: $1,000.00 Reference: City of Baldwin Park TOTAL DISBURSEMENTS: $138,197.64 Lessee acknowledges: (a) the Acquisition Cost of the Equipment is being increased by $1,000.00 to cover the Documentation Fee & UCC filing fee ( "Fee "), and (b) this Fee will be allocated to cost of the largest single piece of Equipment under lease. Lessee warrants that payment to the persons of the amounts described above constitutes full and final payment to all persons necessary so that the Equipment is fully paid for and shall be owned by Lessee free of all liens and encumbrances. CITY OF BALDWIN PARK, Lessee By: Name: Vijay Singhal Title: Chief Executive Officer Date: PAY PROCEEDS / DISBURSEMENT (11/99) Form 8038-G Information Return for Tax - Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) OMB No. 1545 -0720 (Rev. November 2000) ► See separate Instructions. Department or the Treasury Internal Revenue Service p Caution: If the issue rice is under $100,000, use Form 8038 -GC. Renortina Authoritv If Amended Return. check here ► n 1 Issuer's name 2 Issuer's employer identification number (c) Stated redemption price at maturity City of Baldwin Park 95 : 6005574 3 Number and street (or P.O. box if mail is not delivered to street address) Room /suite 4 Report number 3 years 14403 Bast Pacific Avenue 3 5 City, town, or post office, state, and ZIP code 6 Date of issue Baldwin Park, CA 31706 November 7, 2008 7 Name of issue 8 CUSIP number Equipment Schedule No. 11 to Master Lease Agreement No. 01625 none 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative Pose Tam, Assistant Accounting Manager ( 626 ) 960 -4011 Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule 11 ❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ❑ Health and hospital . . . . . . . . . . . . . . . . . . . . . . 13 ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . 14 ❑ Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . 16 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ❑ Utilities . . . . . . . . . . . . . . . . . 18 ® Other. Describe ► Various Vehicles for City's Use 19 If obligations are TANS or RANs, check box ► ❑ If obligations are BANS, check box ► ❑ 20 If obligations are in the form of a lease or installment sale, check box ► m FUMM Descrintion of Obligations. Complete for the entire issue for which this form is beina filed. Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . 22 0 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . 23 138 °137'64 24 Proceeds used for bond issuance costs (including underwriters' discount) , i 24 0 25 Proceeds used for credit enhancement . . . . . . . . . . . 25 0 26 Proceeds allocated to reasonably required reserve or replacement fund . . 26 0 27 Proceeds used to currently refund prior issues . . . . . . . 27 0 28 Proceeds used to advance refund prior issues . . . . . . . 28 0 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . 29 0 30 Nonrefundin proceeds of the issue (subtract line 29 from line 23 and enter amount here) . 30 138,197.64 Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . ► years 33 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . ON- 34 Enter the date(s) the refunded bonds were issued ► Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a b Enter the final maturity date of the guaranteed investment contract ► WN 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax - exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(Ill) (small issuer exception), check box ► 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . ► ❑ 40 If the issuer has identified a hedge, check box ► ❑ . . . . . . . . . . . . . . . . . . . . . . . Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Sign Here Vijay Singhal, Chief Executive Officer Signature of Issuer's authorized representative Date ' Type or print name and title For Paperwork Reduction Act Notice, see page 2 of the Instructions. cat. No. 637735 Form 8038 -G (Rev. 11 -2000) (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 21 11/07/2011 $ 138,197,64 $ 138,197.64 3 years 5.75 % Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . 22 0 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . 23 138 °137'64 24 Proceeds used for bond issuance costs (including underwriters' discount) , i 24 0 25 Proceeds used for credit enhancement . . . . . . . . . . . 25 0 26 Proceeds allocated to reasonably required reserve or replacement fund . . 26 0 27 Proceeds used to currently refund prior issues . . . . . . . 27 0 28 Proceeds used to advance refund prior issues . . . . . . . 28 0 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . 29 0 30 Nonrefundin proceeds of the issue (subtract line 29 from line 23 and enter amount here) . 30 138,197.64 Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . ► years 33 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . ON- 34 Enter the date(s) the refunded bonds were issued ► Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a b Enter the final maturity date of the guaranteed investment contract ► WN 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax - exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(Ill) (small issuer exception), check box ► 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . ► ❑ 40 If the issuer has identified a hedge, check box ► ❑ . . . . . . . . . . . . . . . . . . . . . . . Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Sign Here Vijay Singhal, Chief Executive Officer Signature of Issuer's authorized representative Date ' Type or print name and title For Paperwork Reduction Act Notice, see page 2 of the Instructions. cat. No. 637735 Form 8038 -G (Rev. 11 -2000) RESOLUTION NO. 2008 -068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 11, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, at a duly called meeting of the governing body of City of Baldwin Park (Lessee) held in accordance with all applicable legal requirements, including open meeting laws, on the 5t" day of November, 2008, this resolution was introduced and adopted; and WHEREAS, the governing body of City of Baldwin Park ( "Lessee ") desires to obtain certain equipment (the "Equipment ") described in Equipment Schedule No. 11 to the Master Lease Agreement (collectively, the "Lease ") with SunTrust Leasing Corporation, the form of which has been available for review by the governing body of City of Baldwin Park (Lessee) prior to this meeting; and WHEREAS, the Equipment is essential for the City of Baldwin Park (Lessee) to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with SunTrust Bank (the "Escrow Agent ") pursuant to an Escrow Agreement between City of Baldwin Park (Lessee) and the Escrow Agent (the "Escrow Agreement ") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, City of Baldwin Park (Lessee) has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, City of Baldwin Park (Lessee) proposes to enter into the Lease with SunTrust Leasing Corporation and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, the City Council of the City of Baldwin Park, does hereby resolve as follows: SECTION 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents ") in the forms presented to this meeting and incorporated in this resolution are in the best interests of City of Baldwin Park (Lessee) for the acquisition of the Equipment. Resolution No. 2008 -068 Page 2 SECTION 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing documents are hereby approved. The Mayor of City of Baldwin Park (Lessee) and any other officer of City of Baldwin Park (Lessee) who shall have power to execute contracts on behalf of City of Baldwin Park (Lessee) be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. SECTION 3. The City Clerk of the City of Baldwin Park (Lessee) and any other officer of City of Baldwin Park (Lessee) who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of City of Baldwin Park (Lessee) to the Financing Documents and attest the same. SECTION 4. The proper officers of City of Baldwin Park (Lessee) be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and Financing Documents. SECTION 5. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code "), City of Baldwin Park (Lessee) hereby specifically designates the Lease as a "qualified tax - exempt obligation" for purposes of Section 265 (b)(3) of the Code. MANUEL LOZANO MAYOR Resolution No. 2008-068 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF-LOS ANGELES j ss- CITY OF BALDWIN PARK 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on I by the following vote: AYES: NOES: ABSTAIN: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK ALESHIRE WYNDER, LLP ATTORNEYS AT LAW www.awattorneys.com Email: jpannone @awattorneys.com November 5, 2008 SunTrust Equipment Financing & Leasing Corp. 300 East Joppa Road, 7th Floor Towson, MD 21286 Los Angeles Office: South Bay Centre 1515 West 190th Street South Tower, Suite 565 Gardena, California 90248 Phone 310.527.6660 Fax 310.532.7395 Orange County Office: 18881 Von Karman Avenue Suite 400 Irvine, California 92612 Phone 949.223.1170 Fax 949.223.1180 Re: Equipment Schedule No. 11 to Master Lease Agreement dated as of November 20, 2002 (the "Agreement ") by and between SunTrust Leasing Corporation ( "Lessor") and City of Baldwin Park ( "Lessee ") Ladies and Gentlemen: The firm of Alvarez - Glasman & Colvin has previously acted as counsel to Lessee with respect to the Agreement described above and various related matters and provided its opinion letter dated November 21, 2002, regarding the validity thereof (the "Alvarez - Glasman Opinion "). We have been provided no information to indicate the opinions contained therein have been rendered incorrectly by any action or inaction occurring subsequent thereto and base our opinion herein thereon to the extent such opinions relate to the Agreement. In addition, we have acted as counsel to Lessee with respect to Equipment Schedule No. 11 to the Agreement, and in this capacity have reviewed said Equipment Schedule No. 11. Equipment Schedule No. 11 together with the Agreement is herein referred to as the "Lease." The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of the Alvarez - Glasman Opinion, Equipment Schedule No. 10, and such other documents as were provided by Lessee, it is our opinion that: 1) Lessee is a political subdivision of the State of California (the "State ") within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and the law of the State. 2) Lessee is authorized and has the power under applicable law to enter into the Lease and to carry out its obligations thereunder and the transactions contemplated thereby. 3) The Lease has been duly authorized. Upon execution and delivery of Equipment Schedule No. 11 by and on behalf of Lessee, it will be a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 01067/0001/62847.01 SunTrust Equipment Financing & Leasing Corp. November 5, 2008 Page 2 4) The authorization of the Lease has been performed in accordance with all applicable open meeting, public records, public bidding, and other applicable laws, rules and regulations of the State. 5) The execution of the Lease and the appropriation of moneys to pay the Rental Payments coming due thereunder in any one fiscal year do not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6) Based upon information provided by Lessee, there is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenged the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper authorization and/or execution of the Lease or the documents contemplated thereby, the appropriation of moneys to make Rental Payments under the Lease for the current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. To the best of our knowledge, no such litigation, action, suit or proceeding is threatened. 7) The Equipment in Equipment Schedule No. 11 is personal property and when used by Lessee will not be or become fixtures under the laws of the State. 8) On November 5, 2008, the governing body of Lessee validly adopted a motion approving and authorizing the Lease arrangement and financing therefor and such approval and authorization has not been amended, modified, supplemented or repealed and remains in full force and effect. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. Very truly yours, Joseph W. Pannone City Attorney, City of Baldwin Park 01067/0001/62847.01 P A, R, K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: November 5, 2008 SUBJECT: APPROVE THE DESIGN FOR THE MORGAN PARK PROMENADE IMPROVEMENTS AND AUTHORIZE ADVERTISING THE PRC7 CT FOR CONSTRUCTION BIDS PURPOSE This report requests that the City Council consider the approval of the Morgan Park Improvements and Recreation Promenade design, along with the project plans, specifications, and engineer's estimate, and authorize staff to advertise the project for construction bids. - I I • On February 6, 2008, the City Council authorized staff to publish a request for proposals for the planning and design of the Morgan Park Improvements. Staff analyzed the design proposals and selected the design firm of Hirsch and Associates to complete the plans and specifications. On April 2, 2008, the City Council awarded a design contract to Hirsch and Associates, Inc. in the amount of $88,700. The design schedule was fast tracked and it called for plans completion in August 2008. However, additional public input was sought prior to finalizing the conceptual scheme. This added opportunity for input will ensure that the new facility will have broader use and greater enjoyment by our community. DISCUSSION The design and layout was developed as a result of several staff level meetings and multiple community meetings. The community meetings were held to not only to answer questions about the project, but to gain input so we deliver the project to the level of expectations that our community and public desires. Project renderings are provided on display boards and the project plans are on file with the Engineering Division. Approval of Design for the Morgan Park Promenade Page 2 of 3 November 5, 2008 The project's conceptual design has been reviewed by staff for constructability and to ensure we meet the grant funding and project goals. It is anticipated that the advertising will take place over a four week time period. The bid and construction contract documents meet Federal HUD (Housing and Urban Development) guidelines which ensure approval for the use of CDBG funds. The Notice Inviting Bids is shown as an attachment. Upon opening the bids, staff will analyze them and recommend to the City Council consideration of awarding a construction contract. Staff believes that the construction contract could be awarded in January 2009 with construction beginning immediately thereafter. The engineer's estimate of probable construction costs is $1,100,000. Funds available for the project are $1,325,000. Staff is confident the project scope has been right sized to the available funding, while meeting the project and program requirements. Project Timeline Date Approve Design .......................... ............................... November 5, 2008 Advertise Bids ............................ ............................... November 6, 2008 Open Bids .................................. ............................... December 8, 2008 Award Construction Contract ... ............................... December 17, 2008 Begin Construction ............... ............................... ..........January 7, 2009 Construction Complete ............................. ............................... May 2009 FISCAL IMPACT There is no fiscal impact associated with the recommendations herein identified. However, upon opening construction bids, staff anticipates that a construction contract valued at $1.1 million would be considered. The current funding status is as follows: Total Available Funds 1 $1,325,000 Approval of Design for the Morgan Park Promenade November 5, 2008 Page 3 of 3 RECOMMENDATION Staff recommends that the City Council approve the design (Plans, Specifications, and Engineer's Estimate -PS &E) for the Morgan Park Improvements and authorize staff to advertise the project for construction bids. ATTACHMENTS Notice Inviting Bids CITY OF BALDWIN PARK Public Works Department Funding Provided by Community Development Block Grant and 2002 Resources Bond Act Number PH -19 -003 / CO216008 Sealed bids for the project will be received in the offices of the City Clerk at 14403 East Pacific Avenue, Baldwin Park, CA 91706 until the hour of 11:00 a.m. on December 8, 2008, at which time they will be publicly opened. 61170 Projectsl1 D Num- Title12008 -001 Morgan ParkRenovation\Gover & Table.doc Approved by: City of Baldwin Park Public Works Department Edwin "William" Galvez, PE Public Works Director �oQROFESS G Col GFr' C - 051505 Exp 06 -30 -10 J� CIV1\ �P 9�OF CA��F�� Prepared by: Hirsch & Associates, Inc. 2221 East Winston Road, Suite A Anaheim, California 92806 (714) 776 -4340 Fax: (714) 776 -4395 TABLE OF CONTENTS DESCRIPTION SECTION NOTICE INVITING SEALED BIDS ....................................................................... ............................... A INSTRUCTIONSTO BIDDERS ........................................................................... ............................... B BIDDER'S PROPOSAL (Entire Section C shall be submitted as the bid schedule) ............................. C Bid Schedule Ownership Affidavit Bid Bond Designation of Subcontractors References (Technical Ability and Experience) Worker's Compensation Certification Non - segregated Facilities Certification Past Performance Certification Notice of Equal Employment Opportunity Commitment Non - Collusion Affidavit (Federal Form) Federal Lobbying Certification Non - Lobbying Certification Disclosure of Lobbying Activities Section 3 Business Certification Section 3 Resident Certification Section 3 Economic Opportunity Plan Notice of Section 3 Commitment CONTRACT......................................................................................................... ............................... D Agreement Performance Bond Material and Labor Bond Worker's Compensation Certificate Warranty Performance and Payment Bond SPECIFICATIONS............................................................................................... ............................... E Special Provisions Technical Provisions APPENDIX I — FEDERAL FORMS Federal Labor Standards Provisions Agency Report of Contract Award Contracting with Small Business Minority Firms, Women's Business Enterprise, Labor Surplus Area Firms Request for Additional Classification and Rate Weekly Certified Payroll Report and Statement of Compliance Certificate of Understanding and Authorization Fringe Benefit Statement Federal EEO and Affirmative Action Requirements Clean Air and Water Acts Section 3 Clause Section 3 Economic Opportunity Report (Contractor) FAIUMA01MV Al SECTION A. NOTICE INVITING SEALED BIDS MORGAN PARK PROMENADE RENOVATION AND PARKING LOT EXPANSION IN THE CITY OF BALDWIN PARK PUBLIC NOTICE IS HEREBY GIVEN that the City of BALDWIN PARK as AGENCY, invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk, at 14403 East Pacific Avenue, Baldwin Park, CA 91706 until the hour of 11:00 a.m. on December 8, 2008, at which time they will be publicly opened. Copies of the Bid and Contract Documents are available from the City of BALDWIN PARK, Public Works Department, 14403 East Pacific Avenue, Baldwin Park, CA 91706. One (1) set of Bid and Contract Documents will be provided to bidder at no cost. The City will not mail the Bid and Contract Documents. The general nature of work involves renovating a playground area and constructing an asphalt concrete parking lot. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Bidder's Proposal. The descriptions of bid items are defined in the Technical Provisions. Based on the quantities listed in the Contractor's Bid Proposal, the construction cost is estimated to be in the range of $900,000 to $1,000,000. There is no pre -bid meeting for his project. Bids must be accompanied by a bid bond, made payable to the City for an amount no less than ten percent (10 %) of the bid amount. At the time of the contract award, the Contractor shall possess California Contractor License Class "A" or "B ". This is a federally- assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. This is a HUD Section 3 construction contract. First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in (State LCA — 24 CFR 85.36 and Non - Profit Organizations — 24 CFR 84.4), OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Tiltle 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. For questions regarding this project, contact via e -mail: William Galvez, Public Works Director, wgalvez @baldwinpark.com Signed by: Edwin "William" Galvez, PE, Public Works Director Date 071, 1�frs I SKI TO: f =Z07ri to FS_ NOV t i... O. 1--S! CITY OF BALDWIN PARK AGENDA STAFF REPORT Honorable Mayor and Members of the City Council Edwin "William" Galvez, Director of Public Works November 5, 2008 SUBJECT: AUTHORIZATION TO PROCEED WITH ADVERTISING REQUEST FOR PROPOSALS FOR CITY TRANSIT SERVICES The purpose of this report is Request for Proposals (RFP) contract term. 1=3_TMCrIZ�111 I �7 to request authorization from the City Council to publish a for Transit Services for the City based on a five (5) year The City of Baldwin Park is seeking the services of a private contractor to operate its public transit system. A five (5) year contract term is desired tentatively beginning on April 1, 2009. Upon completion of the initial five -year term, at its sole discretion, the city may extend the contract for two (2) additional two -year periods provided that any changes in the terms and conditions of the contract are mutually agreed upon by both parties and subject to the maximum increase for Transit Services for each option period described in the contract. The City desires to engage a contract with a qualified operator to manage and operate fixed -route and dial -a -ride services with vehicles to be provided by the City of Baldwin Park. The RFP contains the scope of work and performance standards. The RFP also contains instructions on how to submit a complete bid package and all the forms required for the bid. DISCUSSION Southland Transit has been providing Transit Services to the City of Baldwin Park since 1997 which at the time they were known as San Gabriel Valley Transit. Thru contract extensions, Southland has continued providing transit services for Fixed Routes and Dial -a -Ride Routes through June 2007. Approval of RFP for Transit Services Page 2 of 2 November 6, 2008 Three years before the expiration of the contract, the City purchased two new buses that were placed into service by Southland. The new buses were larger and consumed more fuel than the fleet they replaced. As a result, the City approved an increase in compensation to Southland Transit covering FY 07 -08 and FY 08 -09. It is anticipated that the transit services fleet will transition to an alternative fuel fleet resulting in reduced fuel costs. Any fuel savings will be passed on to the City. In addition, this transition to alternative fuels provides the City with the benefits and recognition attributable to environmental awareness ( "green" qualities). The current transit operation utilizes four (4) full -sized buses for fixed route service and two (2) gasoline powered vans for dial -a -ride service. The City is currently procuring two (2) CNG full -sized buses to replace two diesel powered buses and two (2) CNG cut- away to replace the two gasoline powered vans. The remaining fleet will also be replaced by alternative fuel vehicles sometime during the contract. The Transit Services RFP places emphasis on how the prospective operators will be effective in the delivery of services and employing cost efficiencies. The new Transit Services contract will include standards to monitor the quality of service levels and will provide a mechanism to enforce minimum performance standards. Staff anticipates including financial incentives in the form of penalty fees to ensure quality delivery of service. FISCAL IMPACT There will be no impact on the General Fund. The approved FY 2008 -2009 Budget for transit services is $1,348,600, with revenue provided by Proposition A funds. The revenue projections for Prop A funds in the approved FY 2008 -2009 Budget is 1,367,000. The current economic trends, however, may justify a reduction of the projected revenue to $1,300,000. Staff estimates that annual cost of Transit Services under a new contract will be in the range of $1,200,000. Therefore, staff anticipates bringing back a contract for City Council consideration within available funds. The current contract with southland Transit is estimated to cost $1,100,000 per year. Staff recommends that City Council authorize staff to advertise the RFP for Transit Services based on an initial Five (5) year term. ATTACHMENTS RFP for Transit Services (summary version) BALDWIN P A, R, K for PROPOSALS DUE: January 12, 2009 at 5:00 P.M. Prepared By: Public Works Department CITY OF BALDWIN PARK 14403 East pacific Avenue Baldwin Park, CA 91706 626/ 813 -5251 G:A220 Programs\Trans&UP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 2 of 45 Baldwin Park Transit Services Due: January 12, 2008 TABLE OF CONTENTS INVITATION TO SUBMIT PROPOSALS ................................ ..............................3 II. PROGRAM OVERVIEW ......................................................... ..............................4 III. PROPOSAL SUBMISSION INSTRUCTIONS ......................... ..............................7 General....................................................................... ............................... 7 Proposal Schedule ...................................................... .............................10 Addenda...................................................................... .............................10 Verbal Communication ................................................ .............................10 ProposalFormat ......................................................... .............................11 Evaluation of Proposal ................................................ .............................11 Prerequisites and Qualifications .................................. .............................11 OtherInformation ........................................................ .............................12 IV. PROPOSAL FORMS ............................................................. .............................16 CostProposal Form .................................................... .............................17 BidBond ..................................................................... .............................19 Non - Collusion Affidavit .............................................. ............................... 20 Certification of a Drug -Free Workplace ....................... .............................21 Description of Bidding Organization .......................... ............................... 22 V. SCOPE OF WORK .................................................................. ............................... Services WorkPlan ..................................................................... ............................... OperationsSchedule .................................................... ............................... Staffing Plan and Organization ..................................... ............................... Performance Standards ................................................ ............................... Reporting and Performance Indicators ......................... ............................... VI. STANDARD CONTRACT (TRANSIT SERVICES AGREEMENT ) ......................40 G:A220 Programs\Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doe Request for Proposals Page 3 of 45 Baldwin Park Transit Services Due: January 12, 2008 I. INVITATION TO SUBMIT PROPOSALS The City of Baldwin Park is seeking the services of a private contractor to operate its public transit system. A five -year contract term is desired beginning on April 2009. Upon completion of the initial five year term, at its sole discretion, the city may extend the contract for two (2) additional two -year periods provided that any changes in the terms and conditions of the contract are mutually agreed upon by both parties and subject to the maximum increase for Transit Services for each option period described in the contract. The intent of this RFP is to solicit proposals from qualified contractors to manage and operate fixed -route and dial -a -ride services with vehicles to be provided by the City of Baldwin Park. The services and performance standards are presented and described in the Scope of Work. The bidder shall follow the submission instructions contained herein and shall submit a Proposal utilizing the forms contained in the Proposal Forms section of the Request for Proposals (RFP). A complete Proposal package shall be submitted no later than 5:00 p.m. on January 12, 2009. Five (5) copies of the proposal plus one (1) original marked as such must be submitted to the following address: City of Baldwin Park c/o City Clerk 14403 East Pacific Avenue Baldwin Park, California 91706 A pre- prnpnsal conference will be held at Baldwin Park City Hall on Wednesday necember 17, 2008 at 11 a.m. Attendance is encouraged but not mandatory. Questions submitted at least one day in advance to the City will be answered at the pre - proposal conference. The City reserves the right to reject any and all proposals, or to solicit additional proposals should proposals be considered by the City to be inadequate or not cost - effective relative to the services that are sought. In addition, the City reserves the right to withdraw this RFP at any time without prior written notice, or to extend its due date. The City of Baldwin Park shall not be held liable for any expenses incurred by Bidders preparing their proposals, nor should such expenses be included in or incorporated into the cost schedule proposed. The City reserves the right to interview any and all Bidders to verify their knowledge and understanding of the effort proposed, and their technical capabilities for performing such an effort. G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 4 of 45 Baldwin Park Transit Services Due: January 12, 2008 II. PROGRAM OVERVIEW The City of Baldwin Park is a community of nearly 80,000 residents located in the heart of the San Gabriel Valley in Los Angeles County. The City is a blend of a residential community with commercial retail clustered along arterial corridors. Baldwin Park has a downtown area that is undergoing revitalization, but also has other important commercial centers that have undergone redevelopment. The City of Baldwin Park is soliciting proposals from Transit Services operators to provide a turn -key management and operation of the City's public transit system. Our current public transit system offers two types of services, (1) A fixed route shuttle, and (2) A dial -a -ride service. The City will pay particular attention to creative approaches to a transit system's operation which could result in improved delivery and quality of services, and most importantly to efficiencies that will contain or reduce costs. Another key component will be how the operator proposes to track and monitor the quality of Transit Services. The contractor will also be required to meet the Metropolitan Transit Authority (MTA) and City reporting requirements, as specified by the National Transit Database (NTD). The following RFP sections provide information on the instructions for the submission of proposals, required proposal forms to successfully submit a proposal, the scope of services desired, and a boiler plate contract. An award of the contract will be made only after such contract is Judged to be mutually beneficial to both parties, is approved by the City Council, and the bidder has executed the final version of the contract. All offers tendered in response to this RFP shall remain open for a period of not less than ninety (90) days from the date they are received by the City. TRANSIT SERVICES OVERVIEW The City of Baldwin Park Transit System aims to provide Transit Services to the general population of the City of Baldwin Park, and especially to the disabled, elderly, and youth. The City desires a system accessible to the entire community so that access is gained to medical facilities, recreational services, community programs, and shopping needs. The Transit Services shall include a fixed route bus service entirely within the City and Bial- a -ride (demand response) services wherein passenger pickups are within the City and destinations are within the City and pre- approved locations outside the City. Pre - approved destinations outside the City shall be no further than a 3 mile radius centered from Morgan Park. Passenger return trips will also be provided if the drop -off was on the same day. G:A220 Programs\Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 5 of 45 Baldwin Park Transit Services Due: January 12, 2008 This contract will require the following activities related to provision of public Transit Services including: Service operations, dispatch functions including real -time dispatching dial -a -ride response, administration, personnel management, vehicle maintenance and repair, sale of bus passes and tokens, operations data collection and reporting, federal, state and local regulatory compliance, and coordination and cooperation with City Transit Services Administration and other contractors. The general service area of City fixed -route services are presented in the City of Baldwin Park Transit Brochure as shown in the Appendix, Exhibit 1. The operating information for FY 2007 -2008 is shown in the Appendix, Exhibit 2. The fixed route and dial -a -ride service level information provided below is intended to offer assistance to Bidders responding to this RFP, and is not to be construed as guaranteed service levels. DESCRIPTIONS OF CURRENT SERVICE MODES A brief description of the Transit Service modes provided by the Transit Contractor is herein described. Transit Services are provided seven days a week at consistent and varying levels, Monday through Saturday with some variation in the hours of service by mode, and on Sunday at more limited hours. Transit Services generally observe the following holidays when no service is provided or fixed route, although dial -a -ride service are operational on these holiday days: a. New Year's Day, b. Martin Luther King's Day, c. Memorial Day. d. Independence Day, e. Labor Day, f. Thanksgiving Day, and g. Christmas Eve and Day. 1. Fixed -Route Service: The fixed -route is served by four buses involving two routes. One route is called the "Teal Line" and buses run in a clockwise manner. The other route is called "Pumkin Line" with buses running counter - clockwise. Two buses run 30 minutes apart on each route. The current routes and time schedule are shown in the Appendix, Exhibit 1. Fixed route service is provided seven days per week. Service hours are: Monday through Friday 6:00 am to 8:30 pm Saturday 8:00 am to 5:00 pm Sunday 9:00 am to 4:00 pm GA220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 6 of 45 Baldwin Park Transit Services Due: January 12, 2008 2. City Dial -a -Ride Service: The City Dial -A -Ride is an ADA accessible program serving riders within the City limits of the City of Baldwin Park. This service is intended to provide transportation for senior citizens and elderly persons age 60 and over as well as persons with disabilities, by group load or individual service. Currently there is a 40- minute response time allowance with the average response being approximately 20 minutes. Door -to -door service is provided. Trip requests are made in advance or on the day the individual wishes to travel. Advanced reservations (taken up to two weeks in advance) and subscription /standing order trips account for less than 10% of the ridership. Services are predominantly next -day or same -day reservation. Riders typically request service at the time they are ready for transport. Regular patrons are encouraged to apply for and obtain a City issued ADA card so that it may be shown to the driver when the individual's disabling condition is not immediately apparent. City dial -a -ride operating hours are: Monday through Friday 5:00 am to 6:00 pm Saturday & Sunday 6:00 am to 6:00 pm CITY OWNED CONTRACTOR PROVIDED EQUIPMENT The current Transit Services fleet is summarized in a table shown in the Appendix, Exhibit 3. The City has been awarded funding for the purchase of four (4) alternative fuel buses. The City will purchase two (2) full sized CNG buses in 2008, and anticipate using these on a fixed route. The other two (2) vehicles will be 12 passenger CNG vans anticipated to be used for the dial -a -ride service. The City will be looking to obtain funding for a CNG fast -fill fueling station so that the City CNG fleet may refuel. The potential location is at the City Yard at 0000 Garvey in Baldwin Park. The City may provide this new facility as a option for fueling that is available to the Transit Services operator. G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 7 of 45 Baldwin Park Transit Services Due: January 12, 2008 III. PROPOSAL SUBMISSION INSTRUCTIONS GENERAL Each proposal must be submitted on the blank forms furnished herewith, and must be presented prior to the time and date, and at the place designated in the Invitation to Submit Proposals. The proposal forms must be completely made out in the manner and form indicated therein, clearly and legibly. The cost proposal must incorporate the form provided in the RFP, and contain the pricing breakdown, if any is requested, and must be properly signed by the bidder. The City Council reserves the right to reject any proposal if all the information required by this RFP is not furnished. Bidders must submit five (5) copies plus an unbound original document, marked original and addressing the information requested in this RFP, containing, in this sequence, the following sections: C3 Cover Letter • Description of Contractor's Organization • Resumes of Key Management Personnel O Financial Statements • Bidder's Approach to Scope of Work • Proposed Work Plan • Proposed Staffing Plan & Program Organization • Experience and Qualifications 71 References: at least three organizations, contact names and telephone numbers where bidder has operated comparable services This RFP includes the following blank forms which must be submitted as part of the Proposal: • Cost Proposals • Bid Bond • Non - Collusion Affidavit O Certification of Drug Free Workplace The following form(s) are provided as a sample of the information to be provided in the proposal: O Description of Contractor's Organization G: \220 Programs \Transit \RFP 2008 \7`ransit RFP rev 10- 29- 08.doe Request for Proposals Page 8 of 45 Baldwin Park Transit Services Due: January 12, 2008 A. Cover Letter The cover letter should identify the bidder, cite its place of business and proposed operating location for the services described herein, and provide an overview the bidder's experiences and capabilities in areas related to this proposal (limit: three pages, single - spaced type). The Cover Letter should also contain a statement demonstrating the Bidder's understanding of the nature and purpose of the services described and the Bidder's commitment to providing these services as described in the proposal. Bidder shall acknowledge any addendum received in the cover letter. B. Description of Contractor's Organization Bidders shall submit a description of its organization. A sample form is included in the PROPOSAL FORMS section of this RFP. C. Resumes of Key Management Personnel All key personnel should be named, particularly that of the project manager. Resumes shall be provided for any of the Bidder's staff, or its consultants, who will be committed to spend a substantial portion of their overall job activities in connection with the provision of the services proposed. It is important to identify the portion of key individuals' time that will be billed to this project. The proposed project manager shall have a minimum three (3) years experience managing projects of a similar type. D. Financial Statement Bidders shall submit an annual budget for the services proposed and a detailed breakdown of the cost elements, including overhead and profit. Each bidder shall present a breakdown of cost components and invoicing rates for each of the years of the five -year term. Bidders must indicate the starting wage rate and maximum wage rate for drivers in their proposal. Promotional steps and intervals and other salary characteristics (e.g., top salary) as are pertinent shall be included in the proposal itself. Contractors shall pay their drivers in Transit Services a reasonable wage that will attract and retain good employees. Bidders must verify and submit evidence that they have adequate assets to undertake the effort they propose and that such assets are free of liens and encumbrances to the degree that such liens or encumbrances might reasonably interfere with the provision of the service proposed. A certified financial statement reflecting the financial condition of the bidder including a full and detailed presentation of the true condition, as of January 1, 2007, or more recently if available, of the bidder's assets, liabilities, and net worth. In the event that the bidder's fiscal year is reported on a basis other than calendar year, the latest annual financial report along with a current year -to -date financial report (balance sheet and profit /loss statements) will be accepted. The financial statement and related documents must set forth the financial status of that entity, subsidiary, division, subdivision, or unit which will actually perform the services G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doe Request for Proposals Page 9 of 45 Baldwin Park Transit Services Due: January 12, 2008 described in the RFP. If the bidder is a partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture participant thereof. It is acceptable to provide an audited financial statement for the last fiscal year for the parent corporation, as long as a complete current financial report for the operating entity that will perform the service is also included. E. Bidder's Approach to Scope of Work The bidder's response should present, in sufficient detail, the bidder's approach to the performance of service as outlined in Section V, Scope of Work, of this RFP. The bidder's response should clearly indicate his or her understanding of the City's standards for service quality and safety as reflected in the Scope of Work or in oral statements made at the Pre - Bid Conference, with some description of bidder policies and procedures as they relate to the Scope of Work requirements. Any critical forms or specific procedures may be attached to the proposal to further illustrate the bidder's approach. Policies and procedures described should address how Transit Service standards will be maintained or exceeded. Key among Transit Service standards is the requirement of on- time performance which is: • For fixed - route: zero to five (5) minutes late during peak periods at time points and that 95 percent of the vehicles operate on time -- zero to five (5) minutes during off - peak periods. For demand response: for pre - scheduled trips, no more than 5 minutes early to 15 minutes after the scheduled pick -up time; for on- demand trips, picked up within 40 minutes from the time of call; that 90 percent of trips shall be provided within these pick -up time windows). Bidders must also present a clear sequence of tasks for their implementation / start -up activities including all preparatory tasks and activities of significance to the smooth start -up of operations on February 1, 2009. The contractor is required to analyze the current program and delivery of services and to propose any suggested or recommended service improvements leading to greater service effectiveness or improved cost efficiencies, ort both. F. Experience and Qualifications Information submitted shall include documentation of the bidder regarding its past experiences in transportation operations similar to the proposed services and its capabilities in providing similar services. Topics covered should include: ✓ Organizational structure. ✓ Range of services provided and technologies used (cite specific examples) and their basic characteristics. G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 10 of 45 Baldwin Park Transit Services Due: January 12, 2008 • Unique capabilities and experiences. • Participation in professional and information - sharing organizations. G. References and Experience The Bidder shall provide reference information with current telephone numbers and contact persons within the organizations they represent for whom the bidder has performed public transportation services. Examples of similar systems shall include brief descriptions of three systems currently or previously operated by the bidder which are similar to Transit Services in route design, performance requirements, vehicles and duty cycles. For those systems cited, the bidder must identify a contact person and telephone number in the lead or funding agency associated with the service. PROPOSAL SCHEDULE Tentative Pre -Award Schedule: Release /Advertisement of RFP November 5, 2008 Pre - proposal Meeting December 17, 2008 Deadline for Submitting Questions December 15, 2008 Written Response by City / Addenda December 29, 2008 Proposal Submittal Deadline January 12, 2008 Interviews January 2009 Selection Recommendation February 2009 Execute Agreement March 2009 Transition and Start New Service April 2009 MAXIAMIJ Any addenda issued during the time of bidding, or for preparation of Proposals, shall be made a part of the Contract Documents. General questions regarding this proposal may be answered verbally such as to indicate where topics may be found in this RFP, submission requirements, scope, standard forms, etc. Specific question shall be requested in writing and a response will be formulated and forwarded to all prospective Bidders. All written questions regarding this RFP should be directed to: Edwin "William" Galvez, P.E. Director of Public Works City of Baldwin Park 626/813 -5251 w alvez baldwinpark.com G:A220 Programs\Transit\RFP 2008 \Transit RFP rev 10- 29- 08.doe Request for Proposals Page 11 of 45 Baldwin Park Transit Services Due: January 12, 2008 Bidders shall not contact any elected or appointed City official or other staff person at any time for discussion of any topic or question related to this RFP. Efforts to do otherwise may jeopardize the responsiveness of that proposal. PROPOSALFORMAT All proposals shall be prepared according to the following rules: O Proposals should be single- spaced typed, with margins not less than one (1) inch on either side. 73 Proposals should be concise, brief as possible, while responding in sufficient detail to the specific technical, administrative and other topics indicated. O Elaborate or unnecessary promotional material should not be included. O Pages shall be numbered consecutively. EVALUATION OF PROPOSAL Proposals will be evaluated on the basis of consultant qualifications, experience, and cost effectiveness. The Contract will be awarded without discrimination or consideration of race, color, religion, sex, or national origin. The City reserves the right to reject any or all proposals submitted, and the City is not liable for any pre - contractual expenses. Pre - contractual expenses are defined as expenses incurred by the firm in: (1) preparing the proposal in response to the RFP; (2) submitting that proposal to the City; (3) negotiations with the City on any matter related to this RFP; and (4) any expenses incurred (if any) by the firm prior to date of award of the agreement. Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. PREREQUISITES AND QUALIFICATIONS In order for a bidder's proposal to qualify for evaluation, the proposal must include documentation of the following: ✓ Experience of at least five years in the management and operation of public Transit Services. ✓ Be a privately -owned transportation company. • Knowledge of and willingness to comply with City licensing and insurance requirements. • Compliance with all applicable State, County, Regional and Federal requirements and policies. • Be an Equal Opportunity Employer ✓ Statement of non - collusion G: \220 Programs \Transit \RFP 2008 \"transit RFP rev 10- 29- 08.doc Request for Proposals Page 12 of 45 Baldwin Park Transit Services Due: January 12, 2008 Any false or misleading statements included in these prerequisites or in any other portion of the bidder's proposal shall constitute grounds for the bidder's disqualification. PROPOSAL GUARANTEE Proposals shall be accompanied by cash, a certified or cashier's check, or an acceptable bidder's bond for an amount not less than the amount stated below made payable to the City of Baldwin Park. Said check or bond shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and in case of refusal or failure to enter into said contract, the check or bond shall be forfeited to the City. Bidders shall furnish and submit one of the following forms of security in the amount of $15,000: 1. A certificate of deposit; 2. An unconditional certified or cashier's check on a solvent bank payable to the order of the City of City of Baldwin Park; or 3. A bid bond using the form enclosed which is properly executed by the bidder and surety, and is accompanied by a copy of the corporate surety's power of attorney, acceptable to the City of City of Baldwin Park. Security of unsuccessful Bidders will be returned promptly after City Council's approval and award of a contract. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City Clerk prior to the bid opening hour stipulated in the Invitation to Submit Proposals. Proposals may not be withdrawn after the bid opening hour stipulated in the Invitation to Submit Proposals without forfeiture of the proposal guarantee. After such time, a bidder may not withdraw its bid until after the expiration of ninety (90) days. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. MODIFICATIONS AFTER BID OPENING A modification which is received from an otherwise successful bidder and which makes the terms of the bid more favorable to the City will be considered at any time it is received and may thereafter be accepted. The City reserves the right to reject any and all modifications after Proposals have been opened. GA220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 13 of 45 Baldwin Park Transit Services Due: January 12, 2008 RETURN OF PROPOSAL GUARANTIES Within ten (10) days after the award of the contract, the City of Baldwin Park will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. SIGNATURE OF CONTRACTOR a. Corporation - Any Proposals submitted by a corporation must include the name of the corporation, and must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's Office. b. Partnerships - Any Proposals submitted by a partnership must contain the names of all persons comprising the partnership or co- partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk. c. Joint Ventures - Any Proposals submitted by a joint venture must so state that and must be signed by each joint venturer. d. Individuals - Any Proposals submitted by an individual must be signed by that individual unless an up -to -date power of attorney is on file in the City Clerk's Office, in which case the person indicated in the power of attorney may sign for the individual. The above rules also apply in the case of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated where the signature appears. AWARD OF CONTRACT The award of the contract, if it is awarded, will be to the most responsive bidder the City deems most compliant with the Invitation to Submit Proposals, Instructions to Bidders, and the Information for Bidders. The City reserves the right to reject any or all proposals, to waive technical errors or discrepancies, to waive any informality or to waive non - substantial irregularities in the Proposals, and to take the Proposals under advisement for a period of 90 days, as may be required to provide for the best interests of the City. G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 14 of 45 Baldwin Park Transit Services Due: January 12, 2008 Before award, the Bidder may be required to furnish evidence of adequate capability, equipment, and financial resources to perform the job. Contractors found not qualified may have their Proposals considered unresponsive and the proposals rejected. If the City Council finds that reasonable cause exists to believe collusion exists among Bidders, or that bid prices are unbalanced between bid items, any or all proposal may be rejected. EXECUTION OF CONTRACT The Contract Agreement is included in the CONTRACT section of these Contract Documents. These documents should be carefully examined by the Bidder. The contract shall be signed by the successful Bidder, in duplicate, and returned, together with the contract bonds and insurance within ten (10) calendar days of receipt of these documents from the City. No contract shall be binding upon the City until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the City. Failure to execute a contract and file acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the proposal guarantee. The City will file the Contract Agreement, together with the required certificates and bonds, with the City Clerk after complete execution. INSURANCE The insurance requirements are specified in the Scope of Work. The successful bidder, simultaneously with the execution of the Contract, will be required to furnish certificates evidencing that the required worker's compensation and liability insurance is in effect. ASSIGNMENT OF CONTRACT No assignment by the contractor of any contract to be entered into hereunder or of any part thereof, or of funds to be received there under by the contractor, will be recognized by the City unless such assignment has had the prior approval of the City and the surety has been given due notice of such assignment in writing and has consented thereto in writing. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor and subcontractors shall pay for and obtain a City Business License. A pre - proposal conference will be held at Baldwin Park City Hall on Thursday August 00, 2008 at 11 a.m. Attendance is encouraged but not mandatory. Questions submitted at least one day in advance to the City will be answered at the pre - proposal conference. G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Baldwin Park Transit Services Due: January 12, 2008 Page 15 of 45 Specific question shall be requested in writing and a response will be formulated and forwarded to all prospective Bidders. All written questions regarding this RFP should be directed to: Edwin "William" Galvez, P.E. Director of Public Works City of Baldwin Park 626/813 -5251 G: \220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doe Request for Proposals Baldwin Park Transit Services Due: January 12, 2008 IV. PROPOSAL FORMS Page 16 of 45 Proposals shall be submitted in writing on the Proposal forms provided by the City. The following forms must be completed and submitted with the Contractor's Proposal or the bid may be considered non - responsive: 1. Proposal Cost Schedule 2. Bid Bond 3. Non - Collusion Affidavit 4. Certification of a Drug -Free Workplace The following form(s) are provided as a sample of the information to be provided in the proposal: O Description of Contractor's Organization G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Baldwin Park Transit Services Due: January 12, 2008 PROPOSAL COST SCHEDULE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF BALDWIN PARK 14403 EAST PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 Page 17 of 45 Pursuant to and in compliance with your INVITATION TO SUBMIT PROPOSALS, the undersigned bidder affirms familiarity with the work and certifies having examined the REQUEST FOR PROPOSALS, and hereby proposes to furnish all materials, equipment, tools, labor, transportation, services, and incidentals required for the above stated project, and to perform all work in the manner and time prescribed therein, and to perform the services per the performance standards, all as set forth in the SCOPE OF WORK, except for the City provided list of equipment listed in the PROGRAM OVERVIEW - AVAILABLE EQUIPMENT, in exchange for the compensation schedule listed as follows: ITEM DESCRIPTION QTY UNIT UNIT PRICE IN WORDS UNIT PRICE IN NUMBERS ITEM TOTAL IN NUMBERS 1 Bus Hour Operations Fixed Route 19,600 Hours $ $ $ 2 Dial -a -Ride 5,400 Hours $ $ $ Total Proposed Cost: (Numbers) $ Total Proposed Cost: (Words) G:A220 Programs \Transit \RPP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Baldwin Park Transit Services Due: January 12, 2008 Percentage of total business costs effective in Year 1 related to: Operations Labor Fuel Page 18 of 45 In case of a discrepancy in a bid item, unit prices shall govern overextended amounts, and words shall govern over unit prices. The undersigned bidder acknowledges receipt of the following addendum issued for the above project. If no addendum has been received, write "none ". List of Addendum Received: Signature of Bidder The foregoing quantities are approximate only, being given as a basis for the comparison of services, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work to be performed. The bidder also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. It is understood and agreed that: (1) No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal. (2) The City will not be responsible for any errors or omissions on the part of the undersigned in making up his bid, nor will Bidders be released on account of errors. (3) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought, by collusion, to secure for himself an advantage over any other bidder. G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Baldwin Park Transit Services Due: January 12, 2008 l -•►e Page 19 of 45 KNOW ALL MEN BY THESE PRESENTS that, as BIDDER, and as SURETY, are held and firmly bound unto the CITY OF BALDWIN PARK, as AGENCY, in the penal sum of Dollars ($ ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of i IT:I...... a SURETY* Ki Subscribed and sworn to before me this day of WE Signature: Notary Public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. G:A220 Programs\Trans&UP 2008\Transit RFP rev 10- 29- 08.doc Request for Proposals Baldwin Park Transit Services Due: January 12, 2008 NON - COLLUSION AFFIDAVIT BALDWIN PARK TRANSIT SERVICES 2009-2013 To Be Executed By Each Bidder of A Principal Contract STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) Page 20 of 45 being first duly sworn deposes and says that he is the (sole owner, a partner, president, etc.) of the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed: Title Subscribed and sworn to and before me this Seal of Notary GA220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doe day of , 20 Request for Proposals Page 21 of 45 Baldwin Park Transit Services Due: January 12, 2008 CERTIFICATION OF A DRUG -FREE WORKPLACE BASIC REQUIREMENT FTA Grantees and Contractors are required to maintain a drug -free workplace for all employees and to have an ongoing drug -free awareness program. The provisions of the Drug -Free Workplace Act (DFWA) are separate from and in addition to the FTA Drug and Alcohol Testing Program. Specific requirements of the Drug and Alcohol Testing Program are discussed in Section 21 of this handbook. AREAS TO BE EXAMINED 1. Certification of drug -free workplace 2. Publication and distribution of a written policy on substance abuse that notifies employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace 3. Establishment of an ongoing, drug -free workplace 4. Establishment of an employee education program that informs the employees of the dangers of drug abuse and about the possible penalties for drug abuse violations 5. Requirement that each employee notify a grantee within five days of any criminal drug statute conviction for a violation occurring in the workplace 6. Requirement that a grantee will notify the FTA within ten days of receiving notification from the employee 7. Requirement that within 30 days following a conviction, a grantee will impose sanctions on the employee. The sanctions include (1) appropriate personnel action or (2) the employee's satisfactory participation in a rehabilitation program. REFERENCES • 49 USC Sections 702 et seq., Drug -Free Workplace Act (DFWA) of 1988. • 49 CFR Part 29.600 — 29.635, Subpart F, "Drug -Free Workplace Requirements. Offeror Authorized Signature Dated: G:A220 Programs \Transit \RFP 2008 \Transit RFP rev 10- 29- 08.doc Request for Proposals Page 22 of 45 Baldwin Park Transit Services Due: January 12, 2008 DESCRIPTION OF BIDDING ORGANIZATION 1. Identification of Respondent Name of Organization: Business Address: Telephone Number: 2. Name and title of individual to Contact for Further Information: Name: Title: 3. Legal Status of Organization: (check one) For- profit corporation of joint venture corporation For profit partnership or sole proprietorship Non - profit corporation Public agency Other (identify) 4. Description of Organization Provide a brief description of the major business functions, history and organizational structure of the Respondent Organization. Attach and label as "Description of Respondent Organization." 5. Credit Reference Attach names, addresses, phone numbers and relation to Respondent of as least three credit references including Respondent's bank. Label the attachment "Credit References." Please provide a financial statement for the Respondent, preferably audited. 6. Managers for this contract Attach resumes of daily and corporate managers and three references. Label these attachments "Manager's Resume(s)." If selection of a daily manager has not been made, attach resumes of candidates being considered and label Candidate Managers." Daily Manager: Corporate Manager: Phone: Phone: Anticipated portion of time Daily Manager will devote to this project % Anticipated portion of time Corporate Manager will devote to this project % 7. Proposed subcontractors and consultants Attach company name, contact, address, phone and anticipated role of any proposed subcontractors and /or consultant; also include three references for each proposed subcontractor and consultant. Label these attachments "Proposed Subcontractors and Consultants." 8. Is any litigation pending against Respondent or any officer or partner of Respondent's organization? Yes No If yes, attach a description of the situation. Label "Pending Litigation" 9. Bankruptcy Has the Respondent's organization ever been in or filed for bankruptcy? Yes No If yes, please discuss the terms and current status. G1220 Programs \Transit\RFP 2008 \Transit RFP rev 10- 29- 08.doc TO: Honorable Mayor and Councilmembers FROM: Marc Castagnola, AICP, Community Development Manager DATE: November 5, 2008 SUBJECT: An appeal of the Planning Commission's decision to deny a request by the Applicant to amend the conditions of approval of City Council Resolution 2001-030 (condition number 3) which currently does not allow for the exterior advertisement of alcoholic beverages. (Case No.: CP-425mod; Location: 13902 Francisquito Avenue, Units A, B, & C; Applicants: Sam Sharmoug and John Ali, representing Plaza Market) PURPOSE The purpose of this report is to request the City Council consider the Applicant's appeal of the Planning Commission's decision to deny the Applicants' request to eliminate a condition of approval of Resolution PC 2001-030 which currently prohibits exterior advertisement of alcoholic beverages, including advertising to the exterior from within. The General Plan land use designation of the subject property is General Commercial and it is consistently zoned FC, Freeway Commercial. Overall, the site in question is a rectangular shaped parcel totaling approximately U06,625 square feet in lot area or 11.99 acres. The property has a street frontage along both Francisquito Avenue and Vineland Avenue. Two commercial buildings occupy the site as shown on Exhibit "A". The first building is L-shaped and contains approximately 28,825 square feet in floor area. The second freestanding building encompasses about 6,390 square feet of floor area. There are approximately fifteen (15) commercial units within the strip center. Existing businesses within the Center include: La Fogata Restaurant, Metro PCS, Hong Kong Fast Food and Lotus Florist. CP-425 Modification November 5, 2008 Page 2 of 8 Re ADJACENT PROPERTY LOCATION ZONING PROPERTY USE North FC In-N-Out South OS Big Dalton Wash East FC Grand Park Inn Motel / El Charro Meat Market West IC 7-unit Multi-Family Residences PROPERTY HISTORY The Planning Commission has considered applications for everal entitlements for this property, all of which have been approved as listed below in Table 2. TABLE #2 APPROVED ENTITLEMENTS ENTITLEMENT LOCATION APPROVED REQUEST 13900-13902 July 10, 1985 On-site sales, of beer CP-4124 Francisquito Avenue, and wine Unit B 13900-13902 July 10, 1985 Less than the required ZV-525 Francisquito Avenue, amount of on-site Unit B parking spaces for a commercial center. 13902 Francisquito August 14, 1985 Off-site sales of CP-425 Avenue, Unit A distilled spirits. 13902 Francisquito May 28, 1986 Modification to allow CP-424 Avenue, Unit B the expansion of an Modification existing market with the off-site sales of beer and wine. CP-425 13900-13902 February 25, 1998 After-the-fact Modification Francisquito Avenue modification of an Units A, B and C existing conditional use permit to allow floor area expansion of an existing mini mart. 13900-13902 CP-425 Francisquito Avenue December 7, 1999 Off-site sales of Renewal Units A, B and C distilled spirits. I CP -425 Modification November 5, 2008 Paqe 3 of 8 ENTITLEMENT LOCATION APPROVED REQUEST CP -425 13900 -13902 January 24, 2001 Off -site sales of Renewal Francisquito Avenue distilled spirits. Units A, B and C CP -425 Appeal 13902 Francisquito May 2, 2001 Request to overturn to City Council Avenue, Unit A,B,C the decision of the PC relating to conditions of approval to allow the sale of individual beer cans and remove condition requiring annual CUP renewal. CEQA \NOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case is Categorically Exempt, pursuant to Article 19, Section 15301 (Classl — Existing Facilities) of the State CEQA Guidelines and requires no further environmental review. A Notice of Public Hearing was posted at City Hall, the Community Center and the project site on October 23, 2008 and Public Hearing Notices were mailed on October 23, 2008 to property owners within a 300 -foot radius of the subject site. BACKGROUND The Applicants have been business owners at Plaza Market for 17 years. Plaza Market is a mini market whose primary business consists of the sale of items one would find in a grocery store such as meats, produce, and dry goods. The layout of the market includes a large fresh meat counter and freezer to the rear of the store and numerous shelves for general merchandise produce, dry goods, and canned items. According to the business owners, since 1986, the amount of floor area devoted to the sale of alcoholic beverages has remained the same (5 %), as is required in the existing conditional use permit. The hard liquor (rum, tequila, vodka, etc.) is stored on shelves behind the sales counter, while wine and mixers encompass half of a large shelf near the front door. Beer, wine coolers, and other cold drinks are stored in eight coolers along the east wall. In 1985, CP -425 was approved by the Planning Commission to allow the off -site sale of distilled spirits for 13902 Francisquito Avenue, Unit A. However, between 1985 and 1991, the business illegally expanded into Unit B. Later in 1991, both the City's Building Division and the County Department of Health Services (DHS) approved the expansion as well as another addition of 1,500 square feet of floor area (Unit C). The additional CP -425 Modification November 5, 2008 Page 4 of 8 floor area was approved as part of the CUP modification, which was approved on February 25, 1998. The conditional use permit modification on February 25, 1998 maintained that the conditional use permit be subject to a one year time limit, requiring that the Applicants renew each year before the expiration date. As a result, renewals for the conditional use permit were requested and approved in December 7, 1999, and January 24, 2001. In a resolution dated January 24, 2001, the Planning Commission added a condition that prohibited the sale of individual bottles and cans of beer. The Applicants appealed the annual renewal requirement and the prohibition of individual sales of bottles and cans to the City Council on May 2, 2001. The City Council approved the Applicants' request. DISCUSSION The Applicants, Sam Sharmoug and John Ali, are requesting modification of the existing conditional use permit. The Applicants seek to remove condition (3) of City Council Resolution 2001 -030, which states that "there shall be no exterior advertising.of any kind or type; including advertising to the exterior from within, promoting or indicating the availability of alcoholic beverages." According to the Applicants, sales of alcoholic beverages have declined drastically in the past year due to Wal -Mart expanding into a super center, as well as the fact that CVS and Smart &Final both opened in the fall of 2006 and are within a half -mile of the subject property. The Applicants wish to compete with these stores in terms of alcoholic beverage sales, and therefore are requesting the proposed modification to allow for the exterior advertisement of alcohol. It should be noted that neither Wal -Mart, nor CVS and Smart &Final advertise the sale of alcohol on the exterior of the buildings. Pursuant to Section 153.644 of the City's Zoning Code regarding conditional use permit modifications, "no such modification shall be made unless it is found that such modification is necessary to protect the public peace, health and safety, and /or that such action is necessary to permit reasonable operation as granted." Staff is of the opinion that approval of the Applicants' request is not necessary to protect public peace, nor health, nor safety. In fact, staff is of the opinion that advertising the sale of alcohol will result in an increase of alcohol consumption, which in turn may result in secondary effects such as the disturbance of peace and safety, negative behaviors such as loitering, panhandling, drinking in public, littering, and /or vandalism, all of which are closely associated with corner stores with high sales of alcohol. These behaviors are not only a public nuisance to residents, but to all who travel through or visit the City. As such, these secondary effects may reduce further investments for development within the neighborhood which in turn would likely negatively affect the City's ability to attract visitors and shoppers to the City to help ensure the City's economic health. CP -425 Modification November 5, 2008 Paae 5 of 8 In addition, a modification is also not necessary to permit reasonable operation of the facility, as the primary use is a mini -mart for sale of groceries and dry goods. However, the Applicants' business may advertise merchandise other than alcohol. Moreover, the condition that prohibits the exterior advertising of alcohol advances the City's interest of promoting the health of its residents by promoting temperance in relation to alcohol consumption. Similarly, the City has many policies aimed at promoting the health of its residents including those efforts listed below. In addition, the limitation on exterior advertising is also consistent with the City's interest in improving the aesthetics of the City. Recently, the City Council has adopted measures to improve the quality of life for the residents of the City of Baldwin Park. For the past three years the City has made efforts to promote healthy living in how we build our environment as well as efforts to make becoming a healthier community an integral part of how the City does business. Residents, youth and the Healthy Eating Active Communities (HEAC) collaborative continue to engage the City in creating a healthy vision that has yielded health policies beyond the City's first policy establishing a standard for _nutrition. Other examples - include the passage of an ordinance in 2004 prohibiting smoking in and around City owned premises and , public parks, later, amended in 2007 to prohibit smoking at elevator entrances, outdoor dining and service areas as well as areas where the public may congregate. The City also adopted an ordinance in 2006 prohibiting drive =thru establishments in the downtown, in an effort to promote healthy living through a pedestrian - oriented downtown. Furthermore, the City recently adopted Resolution 2008 -014 adopting the "Healthy Policy Yields Health Minds" resolution and proclaimed March 2008 "Nutrition Awareness" month. The City is also considering policy related to the regulation of trans fat in prepared foods. However no action has been taken to date. In May of 2007, People on the Move (a community based organization) in collaboration with HEAC, conducted an audit of fourteen (14) corner stores to assess the marketing environment in and around Baldwin Park schools and residential neighborhoods to document the presence of snack foods and beverages in stores that are accessible to children and residents. As a result, the audit revealed that 34% of the advertising within these stores were advertising alcoholic beverages. Although the audit specifically focused on the availability of unhealthy foods which contribute to childhood obesity, the assessment also provided additional helpful information that is useful in evaluating other quality of life issues. The audit confirmed that alcohol advertising is prominent. At the Planning Commission meeting, the Applicant spoke during public comment and stated that he was being singled out with the imposition of this condition limiting his exterior signage. As a result staff has reviewed those conditional use permits for both the off -site sales of both beer and wine or distilled spirits. Since 1990, the City has approved several conditional use permits for the off -site sales of beer and wine and distilled spirits. A majority of the approved applications represent larger national credit stores who generally do not advertise the sales of alcohol on the exterior such as CVS, Food 4 Less, and Target. From 1990 till the present, there have been 3 neighborhood CP -425 Modification November 5, 2008 Page 6 of 8 markets, similar in function and size to the Applicant that have been approved for the off -site sales of beer and wine or distilled spirits. OTHER NEIGHBORHOOD APPROVED FOR OFF-SITE SALE OF ALCOHOL SINCE 1990 ENTITLEMENT BUSINESS NAME ADDRESS CP -682 David's Market 14135 Francis uito Ave., Ste. 100 CP -689 Jay's Market 13414 Ramona Blvd., Ste. G CP -719 Urua an Market 3723 Baldwin Park Blvd. The CUP conditions for the other markets do not prohibit them from advertising alcoholic beverages on the exterior of the building. However, the CUP conditions for all three stores state, "all proposed signage at the business location, both temporary and permanent, shall require review and approval of a sign permit by the Planning Division." A recent field inspection revealed that one of the three stores does not advertise alcohol to the exterior at all. Although the other two stores have advertising of alcohol to the exterior, these signs have not been approved by the City's Planning Division, and have been referred to the Code Enforcement Division of the Community Development Department for abatement. Staff is aware of the fact that there are other stores throughout the City that advertise alcohol on the exterior, but these conditional use permits were approved prior to 1990, when conditions were less restrictive and the City's goals were different. Staff is of the opinion that exterior alcohol related advertising contributes to a negative perception throughout the community and is not consistent with the City's goal of promoting a safe and 'healthy environment for our community. Therefore, staff cannot support this request. At the Planning Commission meeting on September 24, 2008, the Planning Commission, after a public hearing, voted 4 -0 to deny the Applicant's request to remove condition number 3 from the conditions of approval in City Council Resolution 2001- 030. I This report has been reviewed and approved by the City Attorney's Office as to legal form and content. CP -425 Modification November 5, 2008 Page 7 of 8 RECOMMENDATION Staff recommends that the City Council, following the public hearing, adopt the Findings of Fact and approve Resolution 2008 -069, entitled "A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING A REQUEST TO MODIFY THE CONDITIONS OF APPROVAL OF RESOLUTION 2001 -030 (APPLICANTS: SAM SHARMOUG AND JOHN ALI; CASE NUMBER: CP- 425MOD; LOCATION: 13902 FRANCISQUITO AVENUE, UNITS A, B, AND C)." FINDINGS OF FACT APPLICABLE TO ALL CONDITIONAL USE PERMITS 1) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the size of the property is approximately 1.99 acres and contains 114 spaces for vehicular parking; and 2) That the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use as the property is located at the intersection of Francisquito Avenue and Vineland Avenue, designated a collector street and a local street, respectively by the City's General Plan; and 3) That the proposed use will have an adverse impact upon uses adjacent to the subject property because the purpose of the alcoholic beverage signage is to increase sales of alcoholic beverages and as a result of such sales the City has experienced secondary effects such as loitering, panhandling, drinking in public, littering, and /or vandalism, all of which are public nuisances; and 4) That the proposed use is not in conflict with the General Plan of the City of Baldwin Park. FINDINGS OF FACT APPLICABLE TO ALCOHOLIC BEVERAGE SALES 1) That the use at the existing location is sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residentially zoned areas, as the adjacent non - conforming residential use (IC Zone) is buffered by a block wall, which helps to alleviate any negative impact associated with the existing shopping center; and 2) That the exterior appearance of the property that will result from the alcoholic beverage signage will detract from the aesthetic character of the surrounding neighborhood and may likely reduce further investments for development within the neighborhood which in turn would likely negatively affect the City's ability to attract visitors and shoppers to the City to help ensure the City's economic health; and CP -425 Modification November 5, 2008 Paqe 8 of 8 3) That the general vicinity does not have an unusually high crime rate such that the proposed use could result in further criminal activity as an analysis of the specific location between September 1, 2007 and September 1, 2008 reported eleven (11) calls for service from the City's Police Department, all of which were unrelated to alcoholic beverages. MODIFICATIONS 1) The requested modification to eliminate the condition that prohibits the advertising of alcoholic beverages is not necessary to protect public peace, nor health, nor safety. In addition, the request is not necessary to permit reasonable operation of the facility, as the primary use is a mini mart and the applicants are allowed to advertise the availability of other goods. ATTACHMENTS Attachment #1- Exhibit "A ", dated September 24, 2008 Attachment #2 - Vicinity Map Attachment #3 - Corner Store Marketing Audit Attachment #4 Application Forms and Statements Attachment #5 - Resolution 2008 -069 � � � ! • 11 O tb 5� M H1 fi MIR INET WE > IQ m 124i "2 x VINELAND AVE. m ;D ------------- VARIES L 11—L''LL L I'LL to 7 Z: �7-7171 CD < M. EX. RETAIL CENTER ly ffm (PLAZA MARKE- ore JOE MORENO 1 13902 FRANCiSQUTO AVE. I SITE PLAN BALDWIN PARK, CA. 91706 & O ERSNP OCCUPWS WT - W1W WPS, u D WE JOHN ALI FLOOR PLAN Ei 7 � _z 5� M H1 fi MIR INET WE > IQ m 124i "2 x VINELAND AVE. m ;D ------------- VARIES L 11—L''LL L I'LL to 7 Z: �7-7171 CD < M. EX. RETAIL CENTER ly ffm (PLAZA MARKE- ore JOE MORENO 1 13902 FRANCiSQUTO AVE. I SITE PLAN BALDWIN PARK, CA. 91706 & O ERSNP OCCUPWS WT - W1W WPS, u D WE JOHN ALI FLOOR PLAN �tiw I ► I k ......:.. .... ounject Property 0 e�z Vicinity Map CASE NO.: CP-425 Modification N ADDRESS: 13902 Francisquito Avenue Units A, B, and C Date: November 5, 2008 Not to Scale ATTACHMENT CORNER STORE MARKETING AUDIT I A J14 w IL a —W k wilat a V A. NJ L ................ iiiii .............................. . . ky Is 11 LL L-jur �!�ftoo I In mac-twain From PeaWlte on the Move and Pr� A.SseM,bq`T District Grassr-roots Nluftfiv -.-1 aninad g" vp U'. HEAC Act,7,,-.ve PA' 4 -'N ,ommunities -T - , P" f un j e 2- 0, 04. Rmmxtval "I"ISNEIMILWARD206-143 People on- ffie Meve - 2, EA)ESily in chaqWs in and ?tat 2€ 41C Dointt d key factor contributing to the rise -in ofaesity., particWwily in dad,,, h' tfit-'%'report, People (in file Move presents our assessment of food and bevepp-#e mwketing local sv)rm widlin umli;�ng distance of B2kiW=- 10 29SCZ, the madzefinE CON iz Scii.-.0151. -IFI—XII-I-C Or. the -1-AUMMt, In and 2V,-i',Md4 .'"Ch"i- t the p-tesetme of mmack fibod md bev--=g--:s m stc-,ies th3t are a-,-es :bLe to clul-thmen beffirre, during, =A- 'a e` and tok assess, ly 5tL*, tp,�- alf ma&,--ting and prom th2t s-inuumads schotal-s. -rhe r 1- 0-1, !his RM-dit —W h Ptop om tht. ,sax --;Ve -Work Rnizj or z--hvr*; thy firx)&- =pti*g childr= in = 714"I'M �MWO Sxxor, nwe,—xim and TmV di�. C a senum medicai conaifion PECIE_ _ fia� n*;n adujts� has- ChAdgm ard adk.-A iien,111h exsne- VOLk -7:v leaders have become IncreaSiJaM concerned about the fole of advernsmg in promoting Mostc)ftttepr-)ft cydCb= has ioc i1w. TV ocnmMor-c-ials targcwd at wnmg ckaildr--- FfO lower firms of m--L---6ng L-cluding eir lahm-Mce on sch(x--,,4:-a md childrm have beca,me a maur cc.ce.-- tu R aa you&- --1 ()n Al PCOPIC On the Move performed the Afat&eking Audit C memb=, Baldurin Park residents. teem and Pmmiomr (c XOmmunity, h=I+worL-,-rs) pamcipated on, dw a,-6t A tond of 51ft L- —rhze-,as Pmr-hcvarea mqgtn�-- t ;W - — I I�JUL , - 7— -rhe PI-aft'". f r C-4 �n to 211 st-n-r-cs n= in Bnmx--�n -P-=a.- it nt: Wo most Lkl- ely pass loca tu I I .Tez 'be-ibre an,, The audir team was divided irtto ejb+t (A) groups of about six( each- Each group walked ft"m one asked L thrxx,+ sum-nmdmg, neigWAxwhoods to a nummum (if two nearby SIiL--Lre& ne gm-aq � WM- --died. W &M—m—t my -food L'-- beven-A-, 2q assessment rz twz- stuzes�;-S -16 encauntc� an d2zir walL Then eacH gm�W 3x M-- -- - usm-gr two to unt spcz A&vertislng =-Ih eh- re p-opter and the other evnd=ed advertisingmm' 'me store as a whole. In adcution, students ftom Healthy Teens on the Move, agroup of youth hum the two main high scbcK;lsm' Baldwin P2EL- (B2WWTn, ?12d,- md -S== V-1=4,, c(mdtictcd a PhoznVome audit of the ad th--, enco=temd cm d1eir %m&-s L-,= the &+-.-,x,-Ls to the m-c-sm-r-a-s. Pho-mV, c rice Wit. -1€ -01 -ILISCA-d o.-� docjmcnar -vowh. COMMMCM nir phoft472phy- E-ZL'- skife w2-v 2sked 91-M. e`L-= the 11 t W e +he store 11be gmups x"isiuvd-I 2 tow, of 16 st. Hfowmevu�' two Stores mr-irsedd in dhe OverA we 'food ml 121 most of the stores and Cash registeLs' h2d some t of RX-)d anal be-* emW dart duct advertmemnem However, tea~ f mAucts adverusecl wem irm�y a few- sweetc d I dmk ne wades c2n&, chq-s- Accordmg t o o ur Swre oumers or mmnagms' the ne L --. l, C d f fix)d t-., ens-me &w wem place-d i hio* VisibAle L C-.-wh ft;&ters: Mast of the cash registens, (86",o) had fi_ or bevenge adNrerrLs-m-ents, including pictures, posbc , - s and displws. On wzenq- Skm_ % t _,,, the W_—_ 40* ads sm-e-_ cmhh mpsg�__ Howeym Cmd- 2 -sm-mv — of moduc-ams were- 21_h7e!rn and m the same ;--- most of 6M.— Cmd and &M rvi' of'"--hZ_ rmas�-uom' dis-.;-wed --.U. "W_- drinks, cookies, cakes, candies, chips, etc, and onh 20% were products cars dered a healthier chmce- 11-he cash rester is an arm where perypic get List minute prwucts have bou;ht ifthep rod ucu w__ren'�ts=e_gc2hyn w Lw hagwht wo�kf Aim br a IL Stores: *r he m*miW y of the stores (9-3946) had sorme t_Te. of fix-od or beverapw I mseme induding pictures, post= -s-, signs and diTslays; with -an avera. ge (if 12.7 2-&- Der Stimm- ne 1-e-ve-mg-c- ise�-hs 2nd & _'Eiftawed !-candies ftrNsww_,zxd A (K Alt thie: samte 1-Yr_W"_.Cts ti_n-ta� twert: on ewilmmiew"i'such as OT goods (cups, pbles etc-) and vending macil�ines_ Am 6 r4--rff*CAM"n- W Pe -° 40i:DrOdzwZF displkyrd at dic A%=I swres we R-C'n W-ddZimb-, sadmm c=d�r. zadic,116.4m macks UIC r_CCW_; cr. baked chiDs "tat, EMAIS SCICCUOT-I Was UOIL' I Very -wmss ilme of the -most ad pm�' cm of'--HE !�C stulms Often, the scxlas, mmndms, cig-mettes and beer were jilm-c—ed n= the f of +,he stars Wh-111C the ft-U&S 2Ud VCgU201CS 2nd other he2hiners-n-ack sdem-ams were placed ne:2r m! e :-2; 'ofifie, smor-c—s- A m*��ofth_- pictur-mmkcan. bVSUKIMUN had scmnmx�qqpe�,Afr� Or Phow I ii. --.d bev-ecagge adverdsing such as picturm, f xmtens, sjgmsz and disphqm There was overwhelmin documentadom of these ty-pa" of adverfisingon -store wAs, 9 1 - M-d 14.301M l u _W tie Fil-imes km by you Mill --mamlls, ;ndadal -1 -;Tv-.Ys of &d 7 an-_d fiadyem�,4C unhealthy pMd 5 and Ch at C: 1, e-ye- kV_?_ in Ud rg- WIM ex[Aicit sexuw' minag-ps and messa�n,�s that they, perceived were target ic,, a younger audicrice. Tws report is acr,)mpamed ky a rho t,5-v 01ce IXTIm that showc2ses finding, f ?f nhmo& Phat-Arbi= is 2 CC4_--6Cw C )f piwtngmp� t2k---- by Sumd-can; of Realthv'TeLms. am. ffic hdkrm and r=den-ug dt=r<g th:r Markefiag Au& Rapoft ju-ne 2007 marketing environment an2kr,-..-, of B21dwm' ParL The photos and rxnrtrnents, solely reflect tae percepwms and observatioas, c)f the puth and residien-ts and not the =-S 2whuAc. '-Me Phows are nor as ikt an 2EE Mez:—mr 2S ---A, _vg rj- f - g-f fh� worwinerat- 71hie- T&ct-xjus &e. &MAW residents as demrmstratipg their hipiest concemq m nit cLmmunity envwmment and where the needed nriprovernents and poliq reDanmendations can create a he-althier &�ad env nizM-Ment- ��A_galvsis: The CaT Of R2114W—_ PaA-- has eembracced 2 misstonn of crwa� a d a tivIC C enn =d r�z in o- w cv-_ a eflNirofflneal ma;St CRiMfem Raldw E-AUh7iSCK7,T-Cbe and- Healthy Teens � w_ the Move, both rmdent and tem advocacy co:nmitt= of Peopleon the Nj4()j'e, L-jelieV-, that -_OM-_-r �Zk- schw)ls, a where ex@d,---n acs, _q most =L 20d 1"CrerAEF-5 -whM fh jenwe 56LILA md-h- day- Mis NE.—Aefim Audit sbow —.63t letwq ne- xn t4.=r-vm-7- w� Md fiin,4E--_z SCINXA _- F2r 7 CIMUZAMM t Mgt I UA RA, *Cwl and Fwlid M2. 2r; no, 7. food. he folkmang summan oof alism-ations mmile bT the anekt: te_-nsd=n:g th=- time at th4e wng: 71-161= wmas ow-erwih ott",qIc-E-2, cane -ir and cEps '211 stn g_- Y - Storm are plaom th- chil-d—m i B-21chim Park &eTumt aftL,,-schwol, the -)V 1CM1hd1n_:qg1 Pre-1-M-ce Offfi esc prwducts and their advertising c-reate a diffiticult. en:�-ronme= fi-.r diUmn to chaese he_-1:!hwz-_r snaas = Pam.- of sa:__ _7 fir of th"Ir-_ Stc4e�; CmxnS5� S_Cx_1_28� caaaule�s -wPaekC p_J1fAD-_x:Zd up saa -w-m-c�z, ics, (wi-IM Gfi-Ema-j� wat—er ='G, mix, .ii W- Cm ra-c-0- M- the -DIMr n MIME produ� are knovm to contribute to the overr_a:)n pfton of cajortes vlffi htfie, nut ti VAUC. 4±ips -wcr-- Gffi=Od:bU-_ -wiffi V=y low Pri-ah."- �t-_ 912t ia SE-S ZME MKS h.Kiny to TIE- Ice-cream, beef jedw and cex)kies were placed near the casb rx:gistm When many unhealthy fixA seections are xv-ailable, there are Jess opportunities F( )r the diadren o Bzl� m P=,.- make a hedl? ChmCc- When at am�m 1-5 a Chi lik* w!1fimaxi T=nmMisan th2t cci dt'd is left with a m*�� offunhealffiv i-bf-0 dc- 2L w_r� The team observed Emmifies making purchases M the stlmz, Even when fruits and ve g were available at a store„ not a sff Oe uw-h2.-& of fruit or vegff t4blewwas obs-ze-rved- nw vurchx� dbserx-ed, wer- of and. gam. - Store own-n-_ Shm-Ited, 6_21: w,hhen o&r 1&-L.-- and", -CgmE �,Ies Ter! =wwo-f th-ese o-Ptio--us MM S(IR-W Ma&eting Audit R&pwt 4 June 2007 V,--y htfle maeketingof healthic-- products, or ftints and veggetables'Werre rve b y obS -Cd he tearns duning the audit Park While some ering eft6rts, like TV ads and computer "adver-g-ames" am hard to address at the local leveLwr can do about product P'CM=.qt. (k-Impj-,W=s,'s[-=dS3 px-- ye-.- imm R --j Speciaj produ-=s &4mm-0111 in- -fam, chm'sn'-, !he ffig4s first with p c=fiffly desjgn� *�- �- Ab &6r aa=fij:3�� oj�� jrco&,- it on- hill 8= shxelb," Temi�ftz 4rlatm Uf &es;ZwAie= We Carl an im_fxl� i step toward improving children2s health m" our Communinyky conwilliagWhere unhealthy products are lmcawd� so that of stores support and encourgW our children tr) reach for some-thmg, hc2kbvr w ez-� Nimy 2nei m -x mi rckv Cm - th of to thck s&.-.,Kyhq =d to tq�-Ls ar-tall daik f-RK)d iw=m& tiI- fi-Iod a---ess for ch: is rdh-�-- that of Larger stores. --�)Ixdt wh-at W Cat =e akuys -made -- hr g---r contemv-t I hes-e ch"'s ---e StL-4m'd, t-,' 2 ImWe kT food amo bevemg-- mark-dqg The k)CO and n--Wkere.-s targe-t ch&dren W.-'d 2dudk. -w-. Ra nama tht n1la—r- =tio- i-n trrT,rovc Ma&N*in Ld aanmd schi-MO-1 C-M-M-19 CMS, the M(r W W� 175M 3F�-- C-7-1 opportx=ty to mak healthier kxid selectionsi their commumty PCOMIc on ffic MmE r-r-duct Ihe mmaa of fi-%,od Reduce the display any ln-store promotions that feature cart ocm chm-Acters selling unheaitky, tSLSL 2dV=5---9 --qd From-W-A--�g- of healduer food 'chid sn.-Mck ke-m-- with SDI 2, -d SB Not C.-- the hi� kv at len--t heahhy fir-mms near the Cash rq.�nzr.-. Peopk- uo the Xlos7t rea3mnim-ndis the fiAlowing Poficy actions beavlo- reach the .ea :t,-ar —4 je& -gr,!- of fzp0.�..s Md 'M—.W-nw- U=m� Emits on tole fronts. hmi or rc--�,,Ct icex—iwal VIVO-duct-1. We F-I *ie arnount of advemsing for Unheawy foods. 3) Cmnate a mvxiek-d (in SR 48 that w4mld pr-uyi& fimliwr tr t-tress "i W-am, , j comer s r vu *-h-- vwmhaseof June 2007 ILI R -note i fees for stores that agree to livin O<WaIlTero ae lnistran�veft��;Ior amount of salty/sugary ibo)ids/beverar,_s, pro P �Cucts �Off�CLC)r 7s and heaIthy optitrms (a-m!-wztent wit fln aty's Healthy Pc� Yields Heal-thy Minds snack stand_avds) a�eft me f ST m tci agree to prom�,-,-V_ eating I- taki-g stu,-Y.g wnun such as "Y hinifing advertisingg for unthealthy fic Kmals, alla_�hol cigaremes -Mann $ Ifh (sadtv or surpay sr-racks, ala)holl, robam)) fi x)m the iine We- C -ChAdma at CE. Of M&I- me amount or -new! m,,v Irood sates Dy ( /,+/ ° E-nend radii ca= usee pe pmcess CUT ( - ?), w cover new &,2R, grocerystoresz, Come-' sv;!===-k_--_m Incorp-o=- ass str=dard Com-ditkPas 125ES tM the 2=-12 c& fio� �1-= :M IT-A th-=t zz-an bc dk-G-d uah- thy .1b and:i%- �zz gi hj__ FFAR -&-o t D fr e _-_A, a d o J t-A62-L-5 o MF US. 7) Adopt specific plans for arms within the city, such as the new downtown redevelopment prcriect: that limit the nitunber of or h,=- st-cres and p-m Priority vo. svwe,,s that pnmanl seu firt-sh- fruit. Pxro&,3ce__ MC;V, fish In addition, Bald-Wir. Park City shi)j Id pass a f__ is uiiu 4uesung federal and, swe n ty o f od d beveram that limit a -I)es IF 6, an ge markefirC, specificalh- tal- gefipg kids g the audi4 many parents and youith comniented but the abundance ofalcobol and beer advert .LgIng found In t,11C St(we, th(ynsdedL Audit teams repeatedly docinnented the =MR.Ab4k#- of ak vcrnss� +611M, -caw M ".7-tarr-e& 3 of � �.)re x Wneb=rad -- be Advtlti� al Ama bect Mamy of the-ze p-miffixe-ts In h re -w-e--re n-VaRaNe near ffine- fv nl -Df e swnve- -4-a new as' I Itis, imp-oft-ant To neiLe lb-AT while alcohoil and beer adverfisin urp( this rr, le on the Move will g is not the p )se of repo peo� eV.lore ways in winch alcohol and beer advemsing can ahso be addressed through local P-Olicies L-1 Baldwin Park at a f il-tum dat,- Accxwdin;� to an -Archives of Pediatdc Adolmzmt Aoledicine RenOrt published m- Mw 2M6. alcohol MICT N I adverdsina Qm- - L_ -a-ed- W - to' & = € rnw-il IS liff6d, to WCO' Ulin-kin-mv- E-m-one'- yotah- CTUM" RICA violenc-, vehi-cle and pedes crashes in .c , - - MCM-eaSe In -vii Aence and vehicle injuries car. also orw.trilw-ate to -a decrease in lw�Aabah-,,y &-c-tcam. Wil a comrxnuni�v. People on the Move sieves that the smong presence of dha)hol aLkertising, in Baidwin Park In S_§Dri:�S fie SM-Aity'As is to address as the Caky aCOVC CO C-M.-M-MIM-L-M, *)T RaWWin c�E and =,,r, ca-MMS; Azu_ -TReDa.-t Ame M- Cash &mtefs. 2) 5im Appendix A Results of Marke Audits - (I ZI of the c2sh rqcfis —.,-�ie—w� had s�pa lrasw_m_ 4si i. to"I wamber of 14 f wcmters, 24- signs, 9 pictures, and 11 &sp�vg werve tound %-;th an avrmp-ge of 4S per cmmsh agism-c Oefi wm f,w this &,mmemir Me, in M- k C Lf �amr_ an �_s Aky)hol (mosdy beer) (3494) Candies b) FrLxuma, Of kKXJS and bLe sald a, th� Swvewned DrinL-s I 1144%a lldeatSnacks (69,lo) met sm l:ti Cf-� Fruits Baked chips and PremeLs (4R46)7 vwater TV . Stores The mi6mns soid wsr the loml s"=.s had = over am" hehming pe ___� of sweet- 1 , _nm dtinL, ache. and ch mt Afie-md a hcahh.wr akerrn=m forsnack-S Eke t--com or ba Chips bix M-'IS selectlfAl ww nG-, ve-rY bvyw'- Alcoh.-A m parucular beer, w-9- me of the most advemsed pmdducts of aH tfie store 7 - ' - , mrC;%_L ;' _SR w _Z_ Moll i� r`�ty4kexyra fr uamt-_ ar Ioms, Marketing Audit RepW. 7 June 2007 A total number of 60 posters, 53,sii�s, 27, pictur,--s, and 32 djRpjays were found with an ==;w of 12.3 per cash re&tz,--. 5M bmu!d in� !fie stt-m�� 22W'ii6 masid� =d 2W� at th-- J0, Rt Alcohol (most, i3 .:r (3 :31! Candies (I Y'Qj� 6A 4 f 7 ar'm s C of thestor-us haw v- air machines. 3T2%,, sod2-& 3 1 s w-, ed dnsnks� 16!et`C'V� and EQWP—ment or paper podL-yrinted with figod or P=E% "—e PLOOUCt names or R-29a - WP,4 of the stores had exjw:pment of —I q cz plaom� .aper �p�xxL 1 --7 Type Adwer-4—ii-s� 1-C Ih lfeaTe- a I % c�) Fcx)d cir be ,f y�croe aMffigtions 4 - C the Stores pard-*-aw- m- a or 23% paruapated on product tasste tes N, 22% on pn-�ducct grv--Rwwys, =,,6 on COU-M)n - grveways, and 335'6 (in other activities. Place riz -Prnducts A SM 4 Ohe: st-of es !-3�- h e fk- C V E I -a: L, d beverage compawes requested- - 3 of the products were loczed 2t the fix)nt, 3 2t the badk or side cif the smwe 271% at flie cr,, regps-k—, and 9% outside tithe svtor� - Prrodlwt- that rmmeslr�': to be IP w 4M Sod2s, 335-4, eneerff, driatm, 2W,16, sift 'i - 2&5% a4l tft-- 483cm:s s th-3t- tbcy Mtt:sLw- 4 ES w4w� jht! ft - Compa-aff-ICS di-at paid wa plaace theL- pmducts On tea" erre: sod--s, enerjr, drinks andd chips- tym of fi)O& and gAdar N Awke-6rag- -AudiE Rqpp�-. June 2007 Sweetened Drinks (I -1 Cake -.md cookies (101!,6) Baked chips and Prerr&is (9,'%) Chins M2M Seeds (5 ,�4�) Va-ter (5%�) Elf: S Fruits. (V/0) WeatSinacks h)) Other product s61d at the store G. za-mules Gann Sw�od Vegetables ,Mark� —A kRzpwt ,rv,�r lode �N.Y%o � � r."I I CITY ur BALDWIN PARK PLANNING DIVISION 114403 E. PACIFIC AVE BALDWIN PARK, CA 91TO6 6ALDVAN (626) 813-5261 P - A- R- K TYPE OF APPLICAT)DN General Plan Amendment Zcne Variance Zone Change 7 conditional Use Permit Code Amendment Administrative Adjustment Development Plan Specific Plan CRA Conceptual Approval 090 APPUCATION INFORMATMN Name of app4canqs) JOHN ALI Address 13902 Francisquito Ave. A,B,C, Baldwin Park, Ca. 91706 Phone No. (626) 337-4410 capacity Tenant Owrm*s) of Record 24221 GINGERWOOD PLACE JOHN ALI Owrtees Address --DIAMOND BAR, CA. 91765 CERTIFICATION STATEMENT., Uvie acknowledge the filing of this application and cerffy that all the above infDrrnation is true and a=rat8 and that l have hw�ed myseWourselves with ffie relevant pmvisi of the Elakfmn Park Planning Division (Note: a person achng as agent of the owner of remm must oomp4ete and have notarmed the attached Ownei's. avrit ft'0M the legal owner.) Date' Signature Date - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OR CrFIF USE OMLY- > ob� -' File fqo-:X 'q2" Fee- Received byQ, AUG 14 2008 Date- c i t7 TO ABC, We at Plaza Market are requesting modifying the condition which bans us from advertising alcohol on our windows or any where else. We have been at this location for 17 years and our sales of alcoholic beverages had been excellent until the past year when Walmart became ,a super center and started carrying beer wine, also in the past year smart and final has opened up within a half mile to our store, also a CVS has opened within a half a mile and selling beer. Due to all of these big box and chain stores opening up in the past year sale of beer and wine and liquor has declined drastically, and I am hopping that I can be able to compete with this stores. But I need to be allowed to put any kind of sign that states Plaza Market sells alcoholic beverages. Over the years our sales of alcohol never needed signs displaying alcohol, but know without the ability to display the sale of alcohol, I can no longer stay afloat. Plaza market is the only store that I know of in the city of Baldwin Park that can not display the sale of alcohol. Thank you for your time. Plaza Market license 421- 253499 13902 francisquito ave Baldwin Park,Ca 91765 cTahn /�I i - o��e�' t�-- JAN 11111 "(0,06 CONDITIONAL USE PERMIT (SECTION 153.642) 1) How the site for this proposed use is adequate in size and shape? The subject parcel is located at 13902 Francisquito Avenue at the southwest corner of Vineland Avenue and Francisquito Avenue. This portion of Francisquito venue is dedicated to 70 feet and Vineland Avenue is dedicated to 60 feet. Both thoroughfares provide good circulation necessary for proper commercial development and are developed with uses that are compatible and complimentary to the proposed use. Here, the instant property is classified for Freeway Commercial uses [FC] and is approximately 86,625 gross square -feet in size. The subject property is developed as single -story, multi- tenant, mini- shopping center with off - street surface parking. The applicant has successfully operated a 2200 square -foot market with off - premises general alcohol sales for seven years and now has expanded the market into an adjacent 1925 square -foot vacant retail space; the proposed market now totals 4,125 square -feet in size. The additional floor area affords the community with a wider range of grocery goods thereby enhancing the public' welfare concerning this neighborhood market. Further, by occupying highly visible vacant retail space with a desirable use, the proposed project helps ameliorate any negative externalities such vacant spaces can have on the community. The proposed location is admirably suited for the proposed project, in that, it promotes the community. Therefore, the instant property is sufficient in size and shape to accommodate the proposed use. 2) How this site has sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use? As mentioned in finding #1, the subject mini - shopping center is bounded by a 70- foot wide Francisquito Avenue and a 60 -foot wide Vineland Avenue, both thoroughfares are fully improved. As such both thoroughfares afford good traffic circulation necessary for proper commercial development. Further, the subject mini - shopping center is in close proximity to the San Bernardino [10] Freeway. The close proximity to a major freeway and wide traffic corridors provides good vehicular access to and from the subject site. Additionally, the proposed project site design arranges site ingress and egress at points of good vehicular access, where they will not interfere with the flow of traffic. Thus, access, ingress, and egress to the proposed project will not constitute a traffic hazard or cause significant traffic congestion, or disruption of vehicular circulation on adjacent streets. AUG 14 2008 3) Why the proposed use will not have an adverse effect upon adjacent properties? As stated earlier, the subject market is located within a mini- shopping center in the FC zone situated on Francisquito Avenue, a commercially developed corridor. Here, said market is in proper relationship to the adjacent uses insofar as it is located within a commercial structure within a commercial zone. The subject market has operated without creating any nuisance to the community or to the nearby establishments. In fact, the proposed market is allowed by right, only the general off - premises alcohol sales require a discretionary action. Further, the commercial frontage will be directed away from any residential uses. Therefore, there will not be any detrimental effect stemming from the approval of this application. This is mainly for the advertisement of alcohol. 4) How the proposed use conforms with the General Plan? That the proposed use is not in conflict with the General Plan of the City of Baldwin Park as the City's Municipal Revenue/Fiscal Impact Element of the General Plan sets as a policy that t he City should support and encourage existing business to expand. � t RESOLUTION 2008 -069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING A REQUEST TO MODIFY THE CONDITIONS OF APPROVAL OF CITY COUNCIL RESOLUTION 2001 -030 (APPLICANT: SAM SHARMOUG AND JOHN ALI; CASE NUMBER: CP- 425MOD; LOCATION: 13902 FRANCISQUITO AVENUE, UNITS A, B, AND C)." WHEREAS, a conditional use permit application seeking the modification of CP- 425 was submitted on behalf of John Ali and Sam Sharmoug, the business of Plaza Market located at 13902 Franciquito Avenue, in the City of Baldwin Park described more particularly in the application on file with the Planning Division of the City of Baldwin Park; and WHEREAS, the applicant requested that the City Council overturn condition of approval number 3 of City Council Resolution 2001 -030 which prohibited the exterior advertisement of the sale of alcohol; and WHERE=AS, on September 24, 2008 the Planning Commission held a duly noticed public hearing and voted to deny the request to remove condition of approval number 3 of City Council Resolution 2001 -030; and WHEREAS, John Ali and Sam Sharmoug filed a timely appeal of the Planning Commission's decision to the City Council, and WHEREAS, a duly noticed public hearing was held on said appeal by the City Council on November 5, 2008; and NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the size of the property is approximately 1.99 acres and contains 114 spaces for vehicular parking; and (b) That the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use as the property is located at the intersection of Francisquito Avenue and Vineland Avenue, designated a collector street and a local street, respectively by the City's General Plan; and Resolution 2008 -069 November 5, 2008 Paqe 2 (c) That the proposed use will have an adverse impact upon uses adjacent to the subject property because the purpose of the alcoholic beverage signage is to increase sales of alcoholic beverages and as a result of such sales the City has experienced secondary effects such as loitering, panhandling, drinking in public, littering, and /or vandalism, all of which are public nuisances; and (d) That the proposed use is not in conflict with the General Plan of the City of Baldwin Park. SECTION 2. That the City Council does hereby adopt the following Findings of Fact applicable to all alcoholic beverage sales: (a) That the use at the existing location is sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residentially zoned areas, as the adjacent non- conforming residential use (IC Zone) is buffered by a block wall, which helps to alleviate any negative impact associated with the existing shopping center; and (u) That the exterior appearance of the property that will result from the alcoholic beverage signage will detract from the aesthetic character of the surrounding neighborhood and may likely reduce further investments for development within the neighborhood which in turn would likely negatively affect the City's ability to attract visitors and shoppers to the City to help ensure the City's economic health; and (c) That the general vicinity does not have an unusually high crime rate such that the proposed use could result in further criminal activity as an analysis of the specific location between September 1, 2007 and September 1, 2008 reported eleven calls for service from the City's Police Department, which were non - alcoholic related. SECTION 3. That the City Council does hereby adopt the following Findings of Fact applicable to all conditional use permit modifications, pursuant to Section 153.644 of the City's Municipal Code: The requested modification to eliminate the condition that prohibits the advertising of alcoholic beverages is not necessary to protect public peace, nor health, nor safety. In addition, the request is not necessary to permit reasonable operation of the facility, as the primary use is a mini mart and the applicants are allowed to advertise the availability of other goods. SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. Resolution 2008-069 November 5, 2008 Paqe 3 PASSED AND APPROVED this 5th day of November 2008. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELE S ss. CITY OF BALDWIN PARK 1 1, ROSEMARY GUTTIEREZ, CMC, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2008-069 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 5th day of November, 2008 by the following vote: AYES: COUNCILMEMBERS: ILIA ROSEMARY GUTTIEREZ, CMC CHIEF DEPUTY CITY CLERK RAT MT N CITY OF BALDWIN PARK „ I , ". 00 ITEM NO, STAFF REPORT TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Community Development Manager DATE: November 5, 2008 SUBJECT: A request for consideration of an amendment to the City's Municipal Code, Section 153.315.5, to modify the boundaries of the area subject to the Redevelopment Project Area Overlay. (Location: 4300 -4390 Maine Avenue (both odd and even addresses; Case Number: AZC -162; Applicant: Elodia Munoz de Vazquez and Ronald G. Perez). F117:Z1��y =1 This report requests City Council consideration of an amendment to Section 153.315.5 of the City's Municipal Code to remove the nineteen (19) properties along Maine Avenue between Clark Street to the south and Los Angeles Street to the North from the Redevelopment Project Area Overlay (RDAO). When the City Council adopted Ordinance 1290 in August 2006, Resolution 2006 -046 was also adopted which adopted the Negative Declaration of Environmental Impact for amendment to the City's Zoning Code establishing the overlay requirements for the Central Business District Redevelopment Plan Area and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Plan. Pursuant to Section 15162 of the State CEQA Guidelines, no subsequent environmental review is required. A Notice of Public Hearing was posted at the subject area, City Hall, and the Baldwin Park Community Center on October 23, 2008. Furthermore, public hearing notices were mailed to all property owners within 300 feet of the subject area on October 23, 2008. ZONING AND LAND USES All of the subject properties, except two, within the subject area under consideration are zoned C -1 and have a consistent General Plan Land Use designation of Neighborhood Commercial. The two (2) other properties are zoned C -2 and have a consistent General Plan Land Use designation of General Commercial. (Reference Attachment #1, Vicinity Map). The table below identifies the land uses on each property within the AZC -162 November 5, 2008 Paqe 2 subject area. All properties are within the Central Business District (CBD) Redevelopment Project area. TABLE #1 SUBJECT PROPERTIES CHARACTERISTICS ADDRESS CURRENT LAND USE 4300 Maine Ave. Fast Food Restaurant 4312 Maine Ave. Vacant 4318 Maine Ave. Vacant 4322 Maine Ave. Office 4326 Maine Ave. Commercial/ Residential 4332 Maine Ave. Residential (1 unit) 4338 Maine Ave. Residential 1 unit) 4342 Maine Ave. Residential (1 unit) 4386 Maine Ave. Fast Food Restaurant C -2 Zone) 4390 Maine Ave. Drive -thru Dairy/ Wireless Antenna (C -2 Zone 14347 Clark St. Commercial Store 8544 - 016 -003 (no address Vacant 4303 Maine Ave. Commercial Store 4315 Maine Ave. Auto Service Center 4325 Maine Ave. Commercial/ Residential 4331 Maine Ave. Residential 3 units 4335 Maine Ave. Residential (2 units) 4341 Maine Ave. Office Bldg. under construction) 4349 Maine Ave. Fast Food Restaurants BACKGROUND Central Business District Redevelopment Project Area The goals and intent of the Central Business District Redevelopment Project Area Plan ( "CBD Plan ") which was adopted in 1982 include: 1) Elimination and prevention of the spread of blight and deterioration of properties within the project area; and 2) Facilitation of new residential and commercial construction, public improvements and traffic signal improvements; and 3) Promotion of economic development opportunities. The CBD Plan does not present a specific plan or establish specific projects for the CBD Project Area nor does it present specific proposals in an attempt to solve or alleviate the concerns or problems of the community relating to relieving blight. Instead, CA\Amy\AMY\WORD \Reports \Council ReportsWZC- 162- #6.doc AZC -162 November 5, 2008 Page 3 the goals set forth a basic framework within which specific plans will be proposed and specific projects established. Redevelopment Project Area Overlay When the Central Business District Redevelopment Plan was adopted it set forth the general goals as noted above. In 2006, to be more specific, City and Community Development Commission (CDC) expressed combined goals to revitalize the central core of the City into an exciting, pedestrian- oriented, financially solid urban village with community amenities. In an effort to achieve this forward looking goal of providing a pedestrian oriented urban village environment, the Ordinance 1290 took the first step and restricted land uses to only those types of uses which fit into that particular concept. Generally these uses include entertainment, specialty retail, certain services such as dry cleaners and restaurants. The Ordinance was adopted so that those interested in implementing the goals for the identified `Downtown Area' in accordance with the Redevelopment Plans and General Plan would be able to present master planning concepts for the area. • The Applicants are requesting that the Northern most boundary of the RDAO along Maine Street be relocated approximately nine (9) lots to the south, ending at Clark Street. The request is in response to a newly constructed office building at 4341 Maine Avenue which would not be able to be utilized as an office building because general offices are a prohibited use within the boundaries of the RDAO. As stated above the rationale for prohibiting new offices within the RDAO was based on the belief that an abundance of offices concentrated within a specific area such as the City's `Downtown Area', without other types of uses, such as restaurants, entertainment venues, and certain retail shops, would ► eot promote or encourage the ei virof i ent desired. When Ordinance 1290 was adopted, for ease of understanding, applicability included all those properties within both the Sierra Vista Redevelopment Project Area, Sub - Areas 2 and 3 in addition to those properties within the Central Business District Redevelopment Project Area. However, upon re- review of the area and analysis of documentation relating to the CBD Project Area, the subject area should be excluded from the current boundaries of the RDAO for the following reasons: 1) Even though the subject area meets the criteria of the CBD Redevelopment Plan, it does not meet the intent of the RDAO. The subject area is not a part of the proposed revitalization project because the objectives for this location are different than that of the retail core. 2) The specific plan for Downtown Baldwin Park does not include the subject area because it has not been identified to contribute to the C:Amy\AMY\WORD \Reports \Council Reports\AZC- 162- #6.doc AZC -162 November 5, 2008 Paae 4 pedestrian- oriented urban village area. The area is not within walking distance to the Metrolink station and is not within the traditional downtown retail core. 3) Since the adoption of the RDAO in 2006, the economy has changed significantly. This is evidenced by the office building proposals, including the office building currently under construction at 4341 Maine Avenue. It appropriate at this point in time to respond to the current market demand for office space in the proximity of downtown and adjust the boundaries of the RDAO to reflect the intended goals of the Redevelopment area. Should the City Council approve this request, it will not have an impact on any of the CBD Redevelopment Plan Area boundaries. All of the properties would remain within the boundaries of the Central Business District Redevelopment Project Area and be subject to all of the standards and requirements contained within the Central Business District Redevelopment Project Area Plan. Furthermore, the properties, like all properties in the City, would remain subject to the development standards contained within Section 153 (Zoning) of the City's Municipal Code. PLANNING COMMISSION ACTION The Planning Commission at their September 24, 2008 meeting voted (4 -0 with one absence) to recommend that the City Council approve the request. RECOMMENDATION Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing adopt Ordinance 1316, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING SECTION 153.315.5 OF THE BALDWIN PARK MUNICIPAL CODE TO REDUCE THE AREA SUBJECT TO THE REDEVELOPMENT PROJECT AREA OVERLAY BY MODIFYING THE NORTHERN BOUNDARY (CASE NUMBER AZC -162; LOCATION 4300 -4390 MAINE AVENUE (BOTH ODD AND EVEN ADDRESSES); APPLICANT: ELODIA MUNOZ DE VAZQUEZ AND RONALD G. PEREZ)." ATTACHMENTS *Attachment #1, Vicinity Map *Attachment #2, Ordinance 1290 *Attachment #3, Map of existing boundaries of RDAO area *Attachment #4, Map of proposed boundaries of RDAO area *Attachment #5, Application Forms & Statements *Attachment #6, Ordinance 1316 CAAmy\AMY\WORD \Reports \Council Reports\AZC- 162- #6.doc I ��p 1 11, � ll I llq� I I � iii'll, 4425 A 4420 4417 0 4414 —A 4408 431 14319 1432 4402 R 1 14335 i nc nnlf =Gi PC CT 4400 1 14425 C2 R3 14426111443011450 14507 CASE N®.: AZC -162 N ADDRESS: 4341 MAINE AVENUE Date: November 5, 2008 Not Sca; ♦ %kA ■ J ki, ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING PART 5 OF CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE TO ADD PROVISIONS RELATING TO A REDEVELOPMENT OVERLAY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Part 5 of Chapter 153 of the Baldwin Park Municipal Code relating to Special Zones is hereby amended in its entirety to read as follows: PART 5. (RDAO) REDEVELOPMENT OVERLAY § 153.315 PURPOSE The purpose of establishing a Redevelopment Project Area Overlay (RDAO) is to facilitate the consideration of redevelopment projects and activities of the Community Development Commission of the City of Baldwin Park (CDC) that are consistent with and implement the Central Business District Redevelopment Plan and Sub-Areas 2 and 3 of the Sierra Vista Redevelopment Project Area portion of the Baldwin Park Redevelopment Plan. The RDAO applies to all the parcels within the Central Business District Redevelopment Plan and Sub-Areas 2 and 3 of the Sierra Vista Redevelopment Project Area as officially adopted by the City of Baldwin Park. Said area is generally bounded by Clark Street to the North, the commercial buildings along Maine Avenue to the West the blocks along Ramona Boulevard from Baldwin Park Boulevard to Downing Avenue to the South and Alderson Avenue to the East, and includes as well the industrial areas along Badillo Avenue and Ramona Boulevard from Downing Avenue to the Sierra Vista Redevelopment Project Area boundary. The area is illustrated in that certain map dated June 21, 2006, which is on file in the offices of the City's Planning Division and incorporated herein by this reference. Except as expressly provided in this Part, the land use and development requirements of the underlying zone shall apply. Ordinance 1290 Page 2 § 153.316 USES PERMITTED AND CONDITIONALLY PERMITTED (A) The uses permitted or conditionally permitted in the RDAO shall be limited to those uses listed in the table below: LAND USE PERMIT REQUIREMENT BY ZONE C-1 C-2 C-M I See Section Alcoholic Beverage Sales On or Off Site CUP CUP CUP CUP 153.316.5 153.316.5 Apparel Shop p P P P 153.316.5 Appliance Store P 2— P 153.316.5 Art Store/Gallery p p P 153.316.5 Auto Supply Store P p P P 153.316.5 Automated Teller Machine (Freestanding) CUP CUP CUP 153.316.5 Bakery p p P, P 153.316.5 Bank CUP CUP CUP 153.316.5 Barbershop/Beauty Parlor P, P P 153.316.5 Beauty Salon/Spa 'Full Service) CUP CUP CUP 153.316.5 Bookstore/Stationary Store P P —P P 153.316.5 Bowling Alley cup CUP CUP_ 153.316.5 Dry Cleaners (drop-off only) CUP CUP CUP —cup 153.3116.5 Florist P P _P _P —153.316.5 Furniture Stare —P —P 153.316.5 Gift Shop P, P P 1P 153.316.5 ..,Hobby Shop P P, P P 153.316.5 -Jewelry Store P, P7--p 153.316.5 Laundromat CUP CUP CUP CUP 153.316.5 Pet Store p P P P 153.316.5 Restaurant 1P P p P 153.316.5 Theater (Live or Cinema) CUP cup CHu—p 153-316.5 P = Permitted CUP = Conditional Use Permit For RG and R3 Zones, reference Sections 153.030 through 153.039 and 153.070 through 153.078. Ordinance 1290 Page 3 (B) The uses prohibited in the RDAO shall be: I ) Automobile Repair 2) Automobile Service Stations 3) Automobile Storage and Dismantling Yard 4) Automobile Wash 5) Check Cashing 6) Drive-through Establishment 7) Dry Cleaning Establishment (On-site) 8) Fabrication Plant 9) Grocery Store over 10,000 square feet 10) Machine Shop 11) Manufacturing and/or Assembly Establishments 12) Office (Professional, Medical and Dental) 13) Pawn Shop 14) Second-Hand Store 15) Upholstery Establishment 16) Ware housing/Storage Establishment 17) Water Store/Kiosk and 18) Welding Establishment. (C) The Community Development Director is authorized to approve acceptance of any application for a use not specifically listed in subdivision (A), above, which, in his/her reasonable discretion, is substantially similar to a use listed in that subdivision. The Community Development Director or his designee is authorized to deny acceptance of any application for a use not specifically listed in subdivision (B), above, which, in his/her reasonable discretion, is substantially similar to a use listed in that subdivision. (D) Subject to subdivision (E) below, the right to utilize a property for a use other than one listed in subdivision (A), above, shall be terminated if such use has not been actively open to the public for any ninety (90) consecutive days after April 20, 2006, and such use shall not thereafter reopen. (E) An application for a waiver of subdivision (D), above, may be filed by or on behalf of the property owner; provided, that the application shall be filed within ninety (90) days after the use cannot be reopened pursuant to subdivision (D), above. Such waiver shall be granted by the Planning Commission, if the property owner, or his or her representative, presents substantial evidence showing (i) strict application of this Part would effect a taking of private property without just compensation or otherwise constitute a violation of the United States Constitution, Califomia Constitution or other applicable Federal or State laws or (ii) all of the uses listed in subdivision (A), above, are economically infeasible for the Ordinance 1290 Page 4 property. (F) The fee for filing a request for a waiver shall be the same as filing an application for a conditional use permit, as established by resolution of the City Council. (G) Section 153.689 shall govern any appeal of a decision of the Planning Commission; provided, that the fee for filing an appeal shall be the same as an appeal for a conditional use permit, as established by resolution of the City Council. (A) Before any new permitted or conditionally permitted use can commence operation, or any building permit can be issued for a structure on a property within the RDAO area, the property owner or his/her representative shall file an application for and receive approval from the Community Development Director. The Community Development Director may refer the review and approval to the Planning Commission, in his or her sole discretion. The approval shall be based on the guidelines and provisions applicable to a design review and conditional use permits established by Chapter 153. (B) Notwithstanding any application, filing and review procedures established by Chapter 153 or regulations adopted pursuant thereto, a party other than the property owner(s) or their designated representative(s) may file an application for the City's consideration of land use entitlements without the consent of the property owner(s) or their representative(s), if that party has entered into a Cash Depository Agreement, Exclusive Negotiation Agreement, Owner Participation Agreement, Owner Participation and DispoSitinn Agreement, Disposition and Development Agreement, or similar agreement with the Community Development Commission of the City of Baldwin Park; provided, that any entitlement granted pursuant to this Part shall not be effective unless and until the applicant becomes the owner of the property involved or the property owner(s) of that property has(have) submitted written approval for the applicant to proceed with that entitlement. (C) The fee for filing an application in the RDAO area shall be the same as the fee for filing an application for a conditional use permit, as established by resolution of the City Council. The fee for filing an appeal of any decision on that application shall be the same as for an appeal of the decision on a conditional use permit, as established by resolution of the City Council. Ordinance 1290 Page 5 Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 2nd day of August 2006. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1290 was introduced at a regular meeting of the City Council held on July 19, 2006, and was adopted by the City Council at its regular meeting held on August 2, 2006, by the following vote of the Council: AYES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS was] I WAS] 4:4 - Anthony J. Bejarano, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano I I, [$A kN Marten Garcia �A F - ■ 11 ; • ..0 - 1 _• k 1 � �� I 1� r �� i �� ir � It i �,� ALDYVI p - A- x TYPE or- APPUCATW General Plan Amendment Zone Change At code Affendrne"'�gw Dwdopment Plan CRA ewcupkial Approval App"CATM R4F( maw of applicanks" Addmw f-twneft; aft lal OWFKN(S;) of Recold OwnWs A*bm -i c BALDVKH pflltK PLA1:1.1 G DIVISION 14403 E. PACIFIC AV SALOVVIN PARK, CA E SIT06 (626) 843-Mi Zune Variance CanciffiDrIN-11 Use Permit AdrdnWhadve Adywhmnt specw Plan Odw V-A �-4z- vv Locawn —vt AwsmOrparce[Humbe4s) 7.3 Trza* aW lAt Nun*w(s) ExWMV Cw[wral FUn DeMns*m eds*V Zoning for each parceO Ek-oft Land Use NW code secficm io be am&-Aad purpow of reqfmst 15 3. 2) Ad tV e "4 cEffnFiCATION STATERWHT: Vwj, a&"wWdge this Mft of this aPPlim w-4 co" that all ftia above information is tnm WA wwratO and fflat fts ham Wftmed myuaWmmwfv8s WO ttw mk*-,Mt psyvidap of ft Balchwin Pe& PIsWftV DWwn (NOtW j pw ..,Vn &:W�g W_ agent of #s amw of r=,d rmst mypiels and have natm&ed the attached Owners,A10davit *wn Ifie. IL%pi owneT) Da Signature Date ---------------------------- ----------------------------- ---------------- 'FOR Gt" USE ONLY: File No.: Few, Received by: Date: MAR 1 '17 NN�� - I 02/11/2008 Elodia Munoz De Vasquez 4341 Maine Avenue Baldwin Park, CA. 91706 To whom it may concern: I would like to apply for an amendment to existing Ordinance 1290. Specifically, to modify the northern most boundary line along Maine Avenue from Clark Street north to Los Angeles Street. The reason for my request is because I bought the vacant lot with approved plans for a 6 unit commercial building made of 3 retail spaces on the bottom floor and 3 office usage spaces on the second floor on December of 2005. The project is in its final phase and I am having financial hardship because I cannot lease the office spaces due to Ordinance 1290 that was passed on July of 2006. I am aware of the proposed redevelopment project for the downtown area and understand the restriction of uses. This property as well as the others along this portion of Maine Ave. does not lie within the boundaries of the 125 acre redevelopment project. For this reason, I respectfully ask the city council to consider my request. Thank You in advance for your consideration. Sincerely, Elodia Munos De Vazquez MAR 17 2008 P�F,i 1 0 T • 9 ORDINANCE NO. 1316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING SECTION 153.315.5 OF THE BALDWIN PARK MUNICIPAL CODE TO REDUCE THE AREA SUBJECT TO THE REDEVELOPMENT PROJECT AREA OVERLAY BY MODIFYING THE NORTHERN BOUNDARY (CASE NUMBER AZC -162; LOCATION 4300 -4390 MAINE AVENUE (BOTH ODD AND EVEN ADDRESSES); APPLICANT: ELODIA MUNOZ DE VAZQUEZ AND RONALD G. PEREZ) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. That Subsection (A) of 153.315.5 of the Baldwin Park Municipal Code shall be amended to read as follows: The RDAO applies to all parcels within the Central Business District Redevelopment Plan and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Project Area as officially adopted by the City of Baldwin Park, except for the parcels fronting on Maine Avenue between Clark Street to the North and Los Angeles Street to the South. The area to which the RDAO applies is generally bounded by Clark Street to the North, the commercial buildings along Maine Avenue to the West, the blocks along Ramona Boulevard from Baldwin Park Boulevard to Downing Avenue to the South and Alderson Avenue to the East, and includes as well the industrial areas along Badillo Avenue and Ramona Boulevard from Downing Avenue to the Sierra Vista Redevelopment Project Area boundary. The area is illustrated in that certain map dated September 24, 2008, which is on file in the offices of the City's Planning Division and incorporated herein by this reference as Attachment A. Except as expressly provided in this Part, the land use and development requirements of the underlying zone shall apply. Section 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 5th day of November, 2008 Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Rosemary Gutierrez, CIVIC, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1316 was introduced at a regular meeting of the City Council held on November 5, 2008, and was adopted by the City Council at its regular meeting held on November 19, 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary Gutierrez, CIVIC Chief Deputy City Clerk 141m, BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSIO REGULAR MEETING I NOVEMBER 5, 00 11 COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manue! Lozano - Chair Anthony J. Bejarano - nice Chair Monica Garcia - Member Marlen 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. r s COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. Community Development Commission Agenda — November 5, 2008 Page 1 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 sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRiGiRSE AL COMIS16N No se podra tomar acci6n en a1g0n asunto a menos que sea incluido en la agenda, o a menos que exists a1g6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fUar asuntos pars tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the special and regular meetings of October 15, 2008. 3. CONCEPTUAL REVIEW FOR THE PROPOSED ADDITION OF AN ABOVE GROUND PROPANE FUEL STATION IN CONJUNCTION WITH A BUS STORAGE FACILITY WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA - SUB AREA Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 445 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE ADDITION OF AN ABOVE GROUND PROPANE FUEL STATION IN CONJUNCTION WITH A BUS STORAGE FACILITY WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; LOCATION: 14913 RAMONA BOULEVARD; APPLICANT: EXPO PROPANE, INC. REPRESENTING SOUTHLAND TRANSIT; CASE NO.: PR 08-15." Community Development Commission Agenda — November 5, 2008 Page 2 REQUESTS AND COMMUNICATIONS WgMAWMdAa'J 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 30th day of October 2008. I fit 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 nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e-mail at rq utierrez(a-)-baidwi n park. com or In ieto(cDbaldwi n park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) Community Development Commission Agenda — November 5, 2008 Page 3 UUMNIU1141 1 1 LJL_ V I-L-'a, "'_' , , COMMISSION AGENDA I'M - 5 2008 ITEM NO.� COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK November 5, 2008 WARRANT REGISTER NO. 685 RUN: TUESDAY OCT282008 10:35 REPORT: CHECKREG GENERATED: 19 FEB 08 12:32 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13003 - 13009 CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME DESCRIPTION INVOICE BANK WO # AMOUNT G/L ACCT # ------------------------- ------------------- -# ---- ------- - ----------------------------------------------------- 0 MARIPOSA HORTICULTURAL 2 13003 $150.00 10/09/08 00617 POP HOUSE MTHLY MAINT SEPT 08 42549 150.00 890-oo-000-53384-14900-2 13004 $112 0.00 10/22/08 08688 0 ALESHIRE & WYNDFR LLP LEGAL SERV FOR SEPT 08 9850 2 560.00 836 -00-000-51101-14900-2 LEGAL SERV FOR SEPT 08 560.00 834 -00- 000 - 51101- 14900 -2 13005 $924.00 10/22/08 08423 0 DAVID A BASS PROF SERV 9/15-9/30/08 BP 2008-9B A 2 462.00 801-20-210-51101-14420-2 PROF SERV 9/15-9/30/08 462.00 806-20-210-51101-14470-2 13006 $47.24 10/22/08 00348 0 FEDERAL EXPRESS CORP SRV DELIVER Y DIANN THEIS 2-949-33172 2 47.24 806-40-470-53100-14470-2 0 LAIDLAW B.P. REALTY ASSOCIATES, LLC 2 13007 $23630.00 10/22/08 06714 QUARTERLY PYMT 4/1-6/30/08 10/20/08 23630.010 836-00-000-20001-14900-1 0 SAN GABRIEL VALLEY ECONOMIC 2 13008 $70.00 10/22/08 04186 M. CASTAGNOLA 11/14/08 8/28/08 70-00 801-40-400-53350-14900-2 13009 $9.54 10/22/08 00779 1 So. CALIF, EDISON ROP HOUSE 4500 BRESEE AVE 101508 2 9.54 890-00-000-53370-14900-2 TOTAL # OF ISSUED CHECKS: 7 TOTAL AMOUNT: 25950.78 TOTAL # OF VOIDED/REISSUED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF UNISSUED CHECKS: 0 CITY OF BALDWIN PARK CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MINUTES KIM` k, =01 IT, I 1,1100f.0i NN F.11110 ALI Ilh, NOV - 5 2008 WEDNESDAY, OGWIKERJ- 15,2008 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, Mayor Pro Tem/Vice Chair Bejarano, Mayor/Chair Lozano. Absent: Council member/member Ricardo Pacheco. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION (GC §54956.9) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) Matter 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8554-001-011 Tacos Mexico Inc. 14412 Ramona Boulevard 8554-001-012 Ramon and Francisca Arias 14408 Ramona Boulevard 8554-001-018 Jose and Ana Berganza 14514 Ramona Boulevard Page 1 of 2 8554-001-019 Ama Construction ar 8554-001-806 GTE California Inc 8554-001-807 GTE California Inc 8554-001-808 GTE California Inc 8554-001-809 GTE California Inc 8554-001-900 City of Baldwin Park 8554-001-901 City of Baldwin Park 8554-001-904 City of Baldwin Park 8554-001-907 City of Baldwin Park 8554-001-910 City of Baldwin Park id Real Estate LLc 14540 Ramona Boulevard NA NA 14436 Ramona Boulevard 14436 Ramona Boulevard 14403 Pacific Avenue 14426 Ramona Boulevard NA NA 4024 Maine Avenue Commission Negotiators: Vijay Singhal and Joe Pannone Negotiating Parties: Above-named property owners Under Negotiation: Terms and conditions RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION No reportable action taken, nothing further 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/Commission at their meetings held November 5, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, OCTOBER 15, 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 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 Vice Chair Bejarano. Commission received and filed. 2. MINUTES Commission approved the minutes of the October 1, 2008 meeting (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:19 Page 1 of 2 M Approved as presented by the Commission at their meeting held November 5, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 a BALD WIN P- A , R- K COMMUNITY DEVELOPMENT COMMISSION NOV — 008 ITEM N0. STAFF REPO TO: Honorable Chairman and Commission Members FROM: Marc Castagnola, Community Development Manage DATE: November 5, 2008 SUBJECT: Conceptual review by the Community Development Commission for the proposed addition of an above ground propane fuel station in conjunction with a bus storage facility within the Sierra Vista Redevelopment Project Area — Sub Area 3. (Location: 14913 Ramona Blvd.; Applicant: Expo Propane, Inc.; Case No.: PR 08 -15). This item is for conceptual approval only. If the Community Development Commission approves this project in concept, the applicant must still obtain all necessary permits, approval and /or entitlements as they apply before proceeding with the development of the project. This report requests conceptual approval by the Community Development Commission for the installation of an above ground propane (LPG) fuel station in conjunction with a bus storage facility located within the Sierra Vista Redevelopment Project Area - Sub Area 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff has determined that this case is exempt from the provision of the California Environmental Quality Act (CEQA) under Article 19, Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. No further analysis is required. SUBJECT PROPERTY The subject property is located along the north side of Ramona Boulevard at the intersection with Auction Avenue. The property is trapezoidal in shape (roughly 120 feet wide by 733 feet long) and is approximately 87,991 square feet (2.01 acres) of area. There are two buildings on the site. The building nearest to Ramona Blvd., which is approximately 3,000 s.f. in size, is utilized as an office and the other building, which is approximately 6,300 s.f. in size, is utilized as a maintenance building for the buses. Zoning of the property is CM, Commercial Manufacturing, and is consistent with the General Plan Land Use Designation of Commercial /Industrial. The following table provides a summary of the land uses that surround the subject property. Conceptual Review PR 08 -15; 14913 Ramona Boulevard November 5, 2008 Page 2 TABLE 1 SURROUNDING LAND USES Adjacent Property Location' Zoning Property Use North - Southern Pacific Railroad Right-of-Way South CM Industrial Park East CM Manufacturing Use West CM Restaurant/Multiple Industrial - Manufacturing Uses PROPERTY HISTORY This property has had various entitlement hearings before either the Planning Commission or Zoning Administrator which are identified in the table below: TABLE 2 ENTITLEMENT HISTORY CASE REQUEST ACTION NOTES NUMBER CP -15 To construct a private heliport Approved November Heliport never 20, 1963 pursued CP -296 To operate an automobile, truck, Approved trailer and heavy equipment September 24, 1930 towing and storage facility CP- 296mod To modify an existing conditional Approved #1 use permit to allow an automobile September 22, 1993 repair and paint business in conjunction with the existing automobile, truck, trailer and heavy equipment towing and storage operation CP- 296mod To allow the installation of a Approved #2 wireless telecommunications September 27, 2000 facility CP- 296mod To allow the installation and Approved October #3 operation of a wireless 27, 2004 communication facility monopine CP- 296mod To allow the installation of twenty Approved January #4 compressed natural gas (CNG) 24, 2007 fueling facilities and bus wash area Conceptual Review PR 08 -15; 14913 Ramona Boulevard November 5, 2008 Page 3 DISCUSSION The Applicant, Steven Moore with Expo Propane, representing Southland Transit, is requesting approval to install one (1) above ground propane fuel station. Southland Transit currently uses this site for the overnight storage and repair (if needed) for their busses that are used in conjunction with a contract that Southland Transit has with the Metropolitan Transportation Authority (MTA) to provide transit service in the western San Gabriel Valley, including Baldwin Park. Southland Transit has operated their business at this location since March 2003 and their ultimate goal is to eventually consolidate their operations at one location. However, Southland has been unable to locate a property with adequate size in the San Gabriel Valley. Hence, they are continually proposing limited improvements to this existing site, which would improve their operations and implement cost saving measures. The proposed above ground propane tank will be located 25 feet from the east property lime near the existing CNG compressor and the CNG storage vessel behind the 6,300 s.f. building. According to the plans, the tank will stand approximately 19 feet high and be placed within an area surrounded with 7 -foot high barrier post (bollards). The proposed location will not interfere with the on -site circulation of the current bus fueling operation. Angled parking stalls (approximately twelve feet in width by fifty -one feet in length) are provided for the existing compressed natural gas fueling stations. The installation of a propane fueling station will eliminate excess trips on Baldwin Park streets by the propane - fueled busses to other facilities outside the City. This vertical tank will provide a fueling alternative to a few of the buses in the fleet. Propane has been recognized as a "green" energy source that helps protect the environment by cutting emissions of toxins and carcinogens by up to 96% compared to gasoline and produces up to 60 to 70 percent less smog- producing hydrocarbons than gasoline. Propane fueled vehicles produce significantly lower greenhouse gas emissions. Propane is a nontoxic, odorless gas and is insoluble in water. Propane is an approved alternative fuel listed in both Clean Air Act of 1990 and the National Energy Policy Act of 1992 and 2005. Additional safety information regarding propane is provided in Attachment #3. COMPLIANCE WITH ORDINANCE 1290 (RDAO ORD.) AND ORDINANCE 1294 It has been determined that the property is located within the area covered by Ordinance 1290 (RDAO Ordinance). However, staff has determined that the addition of the vertical propane tank with the previously approved installation of time -fill CNG fueling stations and bus wash for Southland Transit's bus fleet is not considered an expansion of the existing use as the facilities are not open to the public and will serve only the existing busses on- site. Furthermore, the Applicant has verbally stated to Staff that they would be willing to relocate the fueling stations and bus wash equipment at their own expense should a project move forward. Conceptual Review PR 08 -15; 14913 Ramona Boulevard November 5, 2008 Page 4 Ordinance 1294 stipulates that the City may not issue any permits on those properties in which the general Plan Land Use designation is not consistent with the Zoning designation of the property. As stated above, the Land Use designation is Commercial /Industrial, which is consistent with the zoning designation of CM, Commercial Manufacturing. The Design Review Committee has reviewed the project proposal and has tentatively approved the project subject to the proposal receiving Conceptual Approval by the Community Development Commission and approval of the modification to an existing conditional use permit (CP- 296mod #5) by the Planning Commission. The Los Angeles County Fire Department has reviewed and approved the facility for installation. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. �� • Staff recommends that the Community Development Commission adopt Resolution No. 445 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE ADDITION OF AN ABOVE GROUND PROPANE FUEL STATION IN CONJUNCTION WITH A BUS STORAGE FACILITY WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; LOCATION: 14913 RAMONA BLVD.; APPLICANT: EXPO PROPANE, INC., REPRESENTING SOUTHLAND TRANSIT; CASE NO.: PR 08 -15) ". FINDINGS OF FACT 1. That the proposed improvements will be compatible with the standards and other requirements set forth in the Sierra Vista Redevelopment Plan and the design guidelines adopted by the Commission. The submitted plans have either met or exceeded the requirements set forth by the Community Development Commission. The proposal involves the installation of an above ground propane fuel station. Southland Transit will utilize the fueling station for their fleet of buses, which are used to execute their MTA Contract that serves a portion of the San Gabriel Valley including Baldwin Park. Furthermore, overall design of the site with the new propane fueling station and the existing CNG fueling stations and bus wash are in conformance with the adopted Design Guidelines for the Commercial and Industrial Development within the Sierra Vista Redevelopment Project Area and the City's Zoning requirements; and Conceptual Review PR 08 -15; 14913 Ramona Boulevard November 5, 2008 Page 5 2. That the proposed improvements will not require any modification in order to meet the requirements of the Sierra Vista Redevelopment Plan nor the Design Guidelines for the Sierra Vista Redevelopment Project Area; and 3. That the Applicant has not entered into an agreement with the Commission for the development of said improvements. ATTACHMENTS #1 - Vicinity Map #2 - Site Plan and Elevations #3 - Information about propane safety #4 - Resolution 445 City of Irwindale s Conceptual Review CASE NO.: PR 08 -15 ADDRESS: 14913 Ramona Blvd. DATE: November 5, 2008 n Noi Sc< s • O O O 0 N V O O 0 9 NW L J /< V / Q U_ O J _? g Z Ld rr z O —J :: F- O; i1 C V00 k e ry 1, .o 0 N V J g a C a e ry 1, .o 00, T r{� Y 1 W� 1 � � Z W /'X J (L I � � I 6 r . u� .. y°Q41 K "Poor o u � � 7 r � O (J 3 � i I y3 a ®r� I^ P V K "Poor o u � � � o y3 a ®r� I^ P LI 9 P 0° J � � Who JV N N r � 3 �✓ � — m vt N �C9 m n Q \� h K "Poor o u � � � o y3 a ®r� I^ P LI Y M d V m 3 ' "Poor y3 y J � � w • s • • • • • - FP Why Propane? S -- Propane b Clean, Reliable, Safe and a Good Value, BLUE BIRD , �� — ----- — Propane b Clean and Efficient. Propane has long been recognized as the "green" energy. By using this exceptional ab�� energ�Ue*topen�omcan cut ernk�konsand help prmte��the em�mnnment out propane Propane is an approved alternative fuel listed inboth the Clean Air Act ofl99U and the National Energy Policy Act of}992 and 28O5. ^Propane isa nontoxic, odorless gas and is insoluble in water. Anontoxic ondorantis added for safety. Because propane is released asa gas, itdissipates into the air and does not leave a residue or contaminate ground water. Propane isam Environmentally Friendly Fuel. Propane exhaust produces uptu00to0percent less smog-producing hydrocarbons than gasoline. ^ Propane fueled vehicles produce significantly lower particulate, carbon monoxide, nitrogen oxide, hydrocarbon, and greenhouse gas emissions than gasoline ur diesel engines. ` Propane cuts emissions of toxins and carcinogens, such ac benzene and toluene, byupto 96 percent, compared to gasoline. RELIABLE There When You 'Want It.There When You Need It, ` Nearly 9V percent of the United States propane supplies are produced at existing domestic facilities. Used by millions of people each year, it is a reliable alternative fuel option. Available from Sea to Shining Sea. ^ Propane isreadily available for most fleets, |n the United States alone ' there are thousands of qualified propane retailers aLyouraan/ioe,even|fyouaefar from the gas main or power grid. Propane will be there when you need it. GOOD VALUE Propane b Fuel Efficient. ' Propane otters a very attractive combination: b costs less and works harder. Propane burns more efficiently than many other fuels. ^Compare the costs at EXCEPTIONAL ENERGY0 [a SAFE Safety b Our Highest Priority. 40 ' Propane has a remarkable safety record, due iu large part tu the stringent BLUE BIRD codes and regulations developed hy the propane industry and the National Fire Protection Association (NFPA). Worldwide use of propane has shown that |�DM[N1 based on per capita of use, propane has one nf the best automobile safety apumraws4»m° records of any fuel — conventional ovalternative. Propane has Built-in Safety Properties. ^ Propane has a narrow range of flammability when compared tuother petroleum products, and it has the lowest flammability range of any fossil fuel. ` Propane gas is nontoxic and produces minimal emissions. ` Propane iy not harmful to soil orwater. ` Propane tanks are 20 times more puncture resistant as conventional fuel tanks. PEB[ has a number of safety programs available for use. Other Advantages ufPropane - Gallon b«galion, asanengine fuel, propane iasts longer than any other alternative motor fueiThis means a longer distance traveled for the same capacity of fuel. ^Modern LPG engine systems, which inject propane a»a liquid, can deliver more power and better performance than the systems of the past. Propane still offers the benefits of less wear and longer engine component life. ^ Propane vehicle power, acceleration and cruising speed are similar to those of gasoline engines. With the introduction of systems injecting propane as liquid, many vehicles even offer superior performance. PR E P:2 EXCEPTIONAL ENERGr 4DPropane: A Safe Fuel ��RD What Is Propane? Propane isa nontoxic, colorless, and odorless gas produced from natural gas processing and crude oil refining. At ambient (nonna|) temperature itisa gas and a liquid under pressure. It emits fewer lifecycle greenhouse gas emissions than �asn|�meord�eseL �� propane gasoline �~~~~� �=^=l=��° °~~ Propane Is a Safe Fuel The propane industry has developed numerous methods m make the transport and use of propane safe. Consider the following: ` Propane equipment is manufactured to rigorous safety standards. ^Propane has a narrow range of flammability when compared with other petroleum products, and it has the lowest flammability range of any fossil fuel, In order to ignite, the propane/air mix must contain from 2.2 percent to 9.6 percent propane vapor. If the mixture contains less than 2.2 percent gas, it is too lean to burn. |fit contains more than 9.6percent, itis too rich toburn. ` Propane has a high ignition point of940"F!n contrast, gasoline will ignite when the source o+ ignition reaches only 430"Fto5QO"E In the rare event of a leak, propane dissipates into the air and doesrYt puddle. ' Because it is released from a pressurized container as a vapor, propane cannot be ingested like gasoline or alcohol fuels. Propane is a nontoxic, nonpoisonous fuel that does not contaminate aquifers oxsoil. ^ Because propane b virtually odorless and colorless in its natural state, a commercial odorant is added soit can 6e detected ifk leaks from its container. ^ Propane vehicle tanks are constructed from carbon steel, im compliance with a code developed by the American Society of Mechanical Engineers. ^New propane cylinders are manufactured with an Overfilling Prevention Device (OPO) that shuts off the filling process when the tank reaches 8O percent ofits liquid capacby. This allows for changes in fuel volume caused by temperature variations, without any release of gas from the tank. ^ Propane engine fuel systems are fitted with safety devices and shut-off valves that function automatically if the fuel line ruptures, EXCEPTIONAL ENBRGYO a 0 Questions °= about Propane 0LUEBIRD What ispropane? IPMEUD= Propane isa nontoxic, colorless, and odorless gas produced from natural gas avwomam/ioa~ processing and crude oil refining.At ambient (normal) temperature it is a gas and a fiquid under pressure. It emits fewer lifecycle greenhouse gas emissions than about�� gasoUmeurdiesel, �~~~~~=� �=" =X�=" °~~ Is propane safe? Yes, propane is a safe alternative fuel that is nontoxic and nonpoisonous. Propane � has a narrow range of flammability and because itis released asa vapor from a pressurized container bcantbe ingested like gasoline or alcohol fuels. The propane vehicle tanks are tested to four times the normal operating pressures, and are Z0times as puncture resistant asgasoline tanks. Furthermore, as with other Blue Bird products, the fuel tanks are located between thehamemibofthebus for added protection. Is propane dangerous tm the environment? No. Propane ban approved clean fuel listed in the l990Clean Air Act and the Energy� Policy Act ofT992 and 2005' Propane b one of the cleanest burning fuels of all fossil fuels. Tests conducted by the U� Environmental Protection Agency show that propane- fueled wehicles produce 30 percent to9Opercent less carbon monoxide and about 50percent fewer toxins and other smog-producing emissions than gasoline engines. Propane b also nontoxic, so it's not harmful tm soil, water orhumans. How readily available is propane With approximately 70,000 miles of interstate pipelines and more than 2,500 public and lO'O8O private nehuUng locations th/oughoutthe United States, propane is readily available, Additionally, 90 percent of the U.S. propane supply is produced at existing domestic facilities. in Canada, there are approximately 2,500 outlets fordispensingpmpane - a distribution network that surpasses the reach of any other alternative fuel inCanada. Produced in all regions of Canada, the main hubs are Edmonton, Alberta and Sarnia, Ontario. In 2006, over I I billion liters of propane were produced in Canada alone. EXCEFRONAL BVB9Gr ps Who uses propane? Propane isa trusted and reliable energy source that is used by millions of Americans "11101W and Canadians each day. It fulfills energy needs by burning cleanly and efficiently, BLUEBIRD giving consumers more value for their energy dollar. People use propane inand around their homes for furnaces, water heaters, air conditioners, outdoor grills, fireplaces, and appliances; on farms for uses such as pest control, crop drying, - and irrigation pumps; for industrial uses such as forklifts and fleet vehicles; and � in millions of commercial establishments, including restaurants and hotels that depend on propane for heating, cooking, and other uses. How long has propane been used asafuel? Propane has been used asa commercial motor fuel for more than 80 years. |nthe United States more than 190,000 propane-powered vehicles are in use today and approximately 6O'UAO propane vehicles are operating im Canada. Worldwide, more than lO million vehicles operate mnpropane. How cost-effective would it bemoswitch to propane asmy fuel source? Propane operating costs for fleet vehicles range from 5to30 percent less than conventional or reformulated gasoline. Overall, propane is the least expensive alternative to gasoline. Where doXgo to find out more about Propane? For more information onpropane, contact the Propane Education &Research Council (PERC) at www.propanefreedom.com mv call Sandra Loi at 202.452.8975. PEK[ was formed to promote the safe, efficient use ofodurized propane gas asa preferred energy source and to educate the public about propane and propane safety. ,:7 F."I - o M , , , RESOLUTION NO. 445 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE ADDITION OF AN ABOVE GROUND PROPANE FUEL STATION IN CONJUNCTION WITH A BUS STORAGE FACILITY WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; LOCATION: 14913 RAMONA BLVD.; APPLICANT: EXPO PROPANE, INC., REPRESENTING SOUTHLAND TRANSIT; CASE NO.: PR 08 -15). 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 an above ground propane fuel station (the "Application ") was submitted on behalf of the owners of certain real property, located at 14913 Ramona Boulevard 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 and the design guidelines adopted by the Commission. The submitted plans have either met or exceeded the requirements set forth by the Community Development Commission. The proposal involves the installation of an above ground propane fuel station. Southland Transit will utilize the fueling station for their fleet of buses, which are used to execute their MTA Contract that serves a portion of the San Gabriel Valley including Baldwin Park. Furthermore, overall design of the site with the new propane fueling station and the existing CNG fueling stations and bus wash are in conformance with the adopted Design Guidelines for the Commercial and Industrial Development within the Sierra Vista Redevelopment Project Area and the City's Zoning requirements; and (c) The proposed improvements will not require any modification in order to meet the requirements of the Sierra Vista Redevelopment Plan nor the Design Guidelines for the Sierra Vista Redevelopment Project Area; and (d) The Applicant has not entered into an agreement with the Commission for the development of said improvements. 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 5t" day of November 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 445 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 November 5, 2008 by the following vote: AYES: MEMBER: NOES: MEMBER: ROSEMARY GUTIERREZ, CMC CHIEF DEPUTY CITY CLERK