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HomeMy WebLinkAbout2007 12 05AGENDA BALD WIN PARK CITY COUNCIL DECEMBER 5, 2007 7:00 P.M. REGULAR MEETING COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 { fi t I N Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tern Anthony J. Bejarano - Councilmember David J. Olivas - Councilmember Ricardo Pacheco - 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 COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. if you agenda o cualquler tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC a/guna de sus Agencias, pods hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public agenda. Each person is allowed five (5) minutes Communications) anunciado en la agenda. A cada speaking time. A Spanish speaking interpreter is persona se le permite hablar por cinco (5) minutos. available for your convenience. Hay un interprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 P.M. INVOCATION ROLL CALL Councilmembers: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NEW BUSINESS A. RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2007 Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -074 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2007, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW ". B. ADMINISTRATION OF OATHS OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION TO NEWLY ELECTED AND RE- ELECTED OFFICIALS AS FOLLOWS: o Councilmember Ricardo Pacheco o Councilmember Monica Garcia o Mayor Manuel Lozano C. COMMENTS BY RE- ELECTED AND NEWLY ELECTED OFFICIALS o Councilmember Ricardo Pacheco o Councilmember Monica Garcia o Mayor Manuel Lozano D. REORGANIZATION OF THE CITY COUNCIL — SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2. After receiving all nominations, the City Clerk closes the nominations; 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the City Council Agenda — December 5, 2007 Page 2 order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. ANNOUNCEMENTS 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 SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o frjar asuntos pare 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. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF DECEMBER 5, 2007 TO DECEMBER 19, 2007 Staff recommends City Council approve the preparation and presentation of the awards as outlined in staff report. 2. MINUTES Staff recommends City Council approve the minutes of the November 28, 2007 meetings (regular & special). 3. APPROVAL TO PURCHASE VEHICLES, WAIVE FORMAL BID PROCEDURES AND RESOLUTION NO. 2007 -073 AUTHORIZING THE EXECUTION AND DELIVERY OF MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 09 AND ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH Staff recommends City Council 1) find (i) that it would be uneconomical to follow purchasing procedures since the vehicles are available at lower prices if purchased through and 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. 2007 -073 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. 09, AND ESCROW AGREEMENT AND RELATED INSTRUMENTS AND DETERMINING OTHER City Council Agenda — December 5, 2007 Page 3 MATTERS IN CONNECTION THEREWITH ", and 4) authorize the Mayor to execute the Lease Agreement and the interim Finance Director to expend $21,902.10 from Account 130.58.5733. 4. RESOLUTION APPROVING CHANGE IN CITY ATTORNEY AND ASSISTANT CITY ATTORNEY Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -075 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING THE DESIGNATION OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY ". 5. MONTHLY FINANCIAL REPORT Staff recommends City Council receive and file the report. 6. 2nd READING OF ORDINANCE NO. 1311 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1311 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 150.132 OF AND ADDING SECTION 150.133 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BUILDING RELOCATION ". 7. RESOLUTION IN SUPPORT OF TOM BRADLEY COMMEMORATIVE STAMP Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -076 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF ISSUING A POSTAL STAMP IN HONOR OF MAYOR TOM BRADLEY ". 9 • C ►li! I, Rosemary M. Gutierrez, Chief 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 29th day of November, 2007. P2 'Ja Rosemary M. Gutierrez Chief Deputy City Clerk City Council Agenda — December 5, 2007 Page 4 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at Baldwin Park City Hall, 14403 E. Pacific Avenue, 2nd Floor Lobby Area or at the Los Angeles County Public Library, 4181 Baldwin Park Blvd., Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960 -4011, ext. 466 or via e -mail at rgutierrez@baldwinpark.com or Inieto@baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) City Council Agenda — December 5, 2007 Page 5 i NM00� 6 I-' iw DATE: CITY OF BALDWIN PARK Honorable Mayor and Members of the City Rosemary M. Gutierrez, Chief Deputy City C December 5, 2007 CITY COUNCIL AGENDA ST SUBJECT: RESOLUTION NO. 2007-074 DECLARING THE RESULTS AND RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2007 1:1110:101,11 This report requests City Council approval and adoption of a resolution declaring the results of the General Municipal Election held November 6, 2007. BACKGROUND /DISCUSSION On November 6, 2007, a General Municipal Election was held (in consolidation with the Los Angeles County Uniform District Election (UEDL - School Election)). The offices voted upon were for the Office of Mayor and two positions for the Office of Councilmember. As authorized and requested by Resolution No. 2007-025, a computer count of all ballots was made at the Los Angeles County Registrar-Recorder's Office -Central Counting Center in Norwalk on November 6, 2007. The Registrar- Recorder /County Clerk has completed an official canvass and has verified that all ballots have been correctly counted and accounted for. The Final Official Statement of Votes Cast and Canvass of the Votes Cast is attached as Exhibit "A" to Resolution No. 2007-074. The canvass of this election verifies that a majority of the voters elected Manuel Lozano for Mayor and Ricardo Pacheco and Monica Garcia for City Council. It is recommended that the City Council waive further reading and adopt Resolution No. 2007-074 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2007 AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW". Attachment: • Resolution No. 2007-074 WHEREAS, a General Municipal Election was held and conducted in the City of Baldwin Park, California, on Tuesday, November 6, 2007, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law, that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in General Law cities; and WHEREAS, the County Election's Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." a A a A 0 A 6100"I"S mANS] SECTION 1. That the whole number of ballots cast in the precincts including provisional ballots was 2908. That the whole number of absent voter ballots cast in the City was 1143, making a total of 4051 ballots cast in the City. SECTION 2. That the names of the persons voted for at the election are as follows: : .1 • • 2 111; 111 1 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure were as listed in Exhibit "K attached. 11111! 1!! 1!! 11! 1111! 1! 111! 1 1! 11!! 1! 111!! 11! 11!! 111! 1! '!! 2110- y • Manuel Lozano was elected as Mayor for the full term of two years, and Ricardo Pacheco and Monica Garcia were elected as Members of the City Council for the full term of four years. SECTION 5. That the City Clerk shall enter on the official records of the City Council of the City, a statement of the result of the election showing: 1) The whole number of ballots cast in the City, 2) The names of the persons voted for; 3) For what office each person was voted for 4) The number of votes given at each precinct to each person; and 5) the total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated and that each person elected shall have administered to him/her, an Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. :vm MANUELLOZANO MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting held December 5, 2007, • the following vote: ■ I, CONNY B. McCORMACK, Registrar - Recorder /County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each elective office and /or measure(s) in the At the Consolidated Elections, held on the 6th day of November, 2007. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number of ballots cast in said jurisdiction, and the whole number of votes cast for each candidate and /or measures) in said jurisdiction in each of the respective precincts therein, and the totals of the respective columns and the totals as shown for each candidate and/or measure(s) are full, true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 26th day of November, 2007. L ,� + CONNY B. 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O W U- E N W w Q a FZ F Q o a� U ❑ ❑ m 0 a G : a a za z 3 u J z Z J O o:,: Q Z Z Z t�. v! =O _ O Y �: O In (A o 0 ❑ O tIF J J F Uf F F Q a {t U U U UG ' .E Z m CITY COUNCIL AGENDA 10 CITY OF BALDWIN PARK ma P , A - R K TO: Honorable Mayor and Members of the City Co ci FROM: Rosemary M. Gutierrez, Chief Deputy City Cle i DATE: December 5, 2007 SUBJECT: REORGANIZATION OF THE CITY COUNCIL — SELECTION OF MAYOR PRO TEMPORE The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore. BACKGROUND /DISCUSSION In accordance with Ordinance No. 1249, it is appropriate at this time to reorganize the City Council and select one of its members as Mayor Pro Tempore. r: "*-,At[*] Staff recommends City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. CITY OF BALDWIN PARK RAT1lWW Y ' A ' n ' A TO: Honorable Mayor & Members of the Ci uncil FROM: Vijay Singhal, Chief Executive Officer DATE: December 5, 2007 CITY COUNCIL AGENDA SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of December 5, 2007 — December 18, 2007 PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP As of December 5, 2007 the following requests were received for the period of December 5, 2007 through December 18, 2007: The following emergency requests for plaques and certificates were approved by the Chief Executive Officer and were ordered and /or prepared: Time /Date /Place of Date Needed Requested By List of Honorees Presentation Police Department Blanca Sansar, winner of the 7:00 p.m. /December 19, Certificate Holiday Greeting Card 2007 /City Council December 18, Contest meeting 2007 Administration Retiring City Attorney 7:00 p.m. /December 19, Plaque Stephanie Scher 2007 /City Council December 18, meeting 2007 Administration Outgoing Planning 7:00 p.m. /December 19, Certificates Commissioner Monica Garcia 2007 /City Council December 18, and outgoing Housing meeting 2007 Commissioner Margarita Vargas The following emergency requests for plaques and certificates were approved by the Chief Executive Officer and were ordered and /or prepared: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Laura Nieto, Deputy City Clerk Time /Date /Place of Date Needed Requested By List of Honorees Presentation Mayor Lozano Delegates from Guatemala 3:00 p.m. /November Certificates 29, 2007 /City Hall November 28, 2007 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Laura Nieto, Deputy City Clerk CITY OF BALDWIN PARK CITY COUNCIL MINUTES CITY COUNCIL AGENDA Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco 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. • • ► I _:_ INVOCATION Led by Councilmember Olivas. PLEDGE OF ALLEGIANCE ROLL CALL Present: Councilmember Bejarano, Councilmember Olivas, Councilmember Pacheco, Mayor Pro Tern Garcia, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, Maria Contreras, City Treasurer, Susan Rubio, City Clerk, Laura Nieto, Deputy City Clerk. ANNOUNCEMENTS Mayor Lozano closed on behalf of Oscar Garcia and Clifford A. Reader, former Baldwin Park Police Officer and expressed condolences to their families. Councilmember Pacheco wished everyone a Merry Christmas and expressed his best to those effected by the natural disasters. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition of outgoing Baldwin Park City Councilmember David J. Olivas Mayor Lozano commented on the tenure of retiring Councilmember Olivas Page 1 of 7 and thanked him for his service to the City. Councilmember Pacheco thanked Councilmember Olivas for his service as not only a Councilmember but as the former City Attorney and all of the projects and developments that have moved forward because of his outstanding leadership. Councilmember Bejarano commented on the professional relationship that he shared with Councilmember Olivas during his time on the Council. Wished him the best in his future endeavors. Mayor Pro Tem Garcia commented on the service of Councilmember Olivas and wished him professional and personal happiness in the future. City Treasurer Contreras thanked Councilmember Olivas for the support he had shown her family, personally and professionally and wished him the very best in life. City Clerk Rubio echoed the sentiments of the entire council and thanked Councilmember Olivas fo.r, his commitment to the community. Mayor Lozano, joined by the City Clerk and City Treasurer Councilmember Olivas with a tile plaque and commemorative street sign. Councilmember Olivas commented on his journey and service to the City of Baldwin Park and thanked all of his fellow elected officials and staff for their professionalism and dedication. Brian Urias of Congresswoman Hilda Solis' office presented Councilmember Olivas with a certificate of Congressional recognition for his service to the City of Baldwin Park. Joe Torres of Senator Gloria Romero's office, presented a certificate of recognition to Councilmember Olivas, thanking him for his service and dedication. Yolanda Serna of Assemblymember Ed Hernandez's office presented a certificate of recognition to Councilmember Olivas for his service to the City of Baldwin Park. Javier Arango, representing the Baldwin Park Historical Society, presented a plaque to Councilmember Olivas on behalf of the Baldwin Park Historical Society. Mayor Lozano announced that Ordinance No. 1310 be moved forward for first reading to the meeting of December 19, 2007. He commented on a meeting that he had with Congresswoman Hilda Solis and her commitment to resolve the issue at the Home Depot. He thanked her for her assistance. PUBLIC COMMUNICATIONS Kimberly Loscano, Baldwin Park resident, spoke about the Downtown Redevelopment Project. She commented on the progress that the City has made Page 2 of 7 and looked forward to the upcoming project. Christina Herrera, Baldwin Park resident spoke on behalf of the residents of her mobile home park. The La Puente Valley Water Company is drilling near the mobile home park and has been creating a disturbance. She stated that there was no prior notification given to the residents and hoped that the City would be able to assist. Mayor Lozano requested that Director Galvez send a letter to the water company and keep the residents appraised of the situation. City Attorney Scher recommended that the residents appear at the meeting of the water board to address the issue. Mayor Lozano requested that staff find out the meeting dates & times and that he would address the board. Mayor Lozano requested that staff contact the board and that he would speak at a meeting. Paul Hentsil, resident, commented. on the continuous drilling that has been taking place since he'd moved to th'e &mob:i e home park. Requested assistance to resolve the matter, as it has been affecting he and his wife's health. Yolanda Serna, field representative for Assembly Member Hernandez, invited the elected officials and the public to an upcoming toy drive and a Town Hall meeting at the Julia McNeill Senior Center. Mayor Lozano announced a toy drive being hosted by Congresswoman Hilda Solis. James Treasuer, resident, addressed the Council on the issue of the children in the community that are being harmed. Families should be safe in their communities. Asked that the Council reconsider police staffing. James Park, Han's Beauty Supply addressed the Council on the proposed Ordinance 1310 and the delay of the 1st reading. Commented that even though he is not a resident of the City of Baldwin Park, he shares a similar view of the City as does the Council. He further wished Councilmember Olivas the best in his future endeavors. In response to a comment from Mr. Park, City Attorney Scher stated that the Ordinance itself did not regulate what individuals do in their vehicles. A person standing outside of the car could not communicate with them. The concern is when individuals are outside of the vehicles. Olivia Baca - Davidson, resident, addressed the Council on the issue of redevelopment in the city and the relocation of those affected by eminent domain. Suggested alternatives to displacing individuals who have lived in their homes for decades. Page 3 of 7 Greg Tuttle, business owner requested clarification from Councilmember Bejarano regarding an article in the San Gabriel Valley Tribune and addressed the issue of a correspondence from Bob Bisno to the Chief Executive Officer. He further commented on the contributions received by Meruelo Maddux. Asked the Council to build for the people. Brandy Woods, resident requested that the Council pay attention to those speaking. Marco Antonio Rosas, resident & business owner addressed the Council regarding the police department and the improvements that have been made. He responded to the comments of the first speaker regarding the restaurants and shopping in the City. In response to the comments of Mr. Rosas, Councilmember Bejarano stated for the record that neither himself or Mayor Pro Tern Garcia ever stated that Baldwin Park residents should relocate to East Los Angeles or Tijuana. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Items 1 pulled Item #9 & Mayor Lozano pulled Item #10 Moved by Mayor Lozano, seconded by Mayor Pro 1. WARRANTS AND DEMANDS City Council received and filed the report. -8. Councilmember Bejarano Tern Garcia. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD NOVEMBER 28, 2007 - DECEMBER 4, 2007 City Council approved the preparation and presentation of the plaques and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the November 7, 2007 meeting (regular & special). 4. CLAIM REJECTIONS City Council rejected the claims of 1) Les Perance and 2) Jesse Dominguez and directed staff to send the appropriate notices of rejection to the claimants. 5. CITY TREASURER'S REPORT - SEPTEMBER & OCTOBER 2007 City Council received and filed the report. 6. AMENDMENT NO. 4 TO AUDIT SERVICE AGREEMENT WITH VASQUEZ & COMPANY, LLP (Continued from November 7, 2007) Page 4 of 7 City Council approved Amendment No. 4 to the Audit Service Agreement with Vasquez & Company LLP providing an adjustment to the existing Agreement in the amount of $3,280. 7. REPORT ON INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION (ICMA) ANNUAL CONFERENCE ATTENDANCE BY THE C.E.O. City Council received and filed the report. 8. CITY BUDGET FOR THE FIRST TIME HOMEBUYER PROGRAM City Council approved the carryover of the unexpended FY 2006 -2007 HOME funds allocated to the First Time Homebuyer Program (FTHB) in the amount of $595,000 to the FY 2007 -2008 City's FTHB budget. The following items were pulled for separate discussion: Councilmember Bejarano 9. RESOLUTION IN SUPPORT OF THE RE- INTRODUCTION OF THE DREAM ACT LEGISLATION Councilmember Bejarano stated that his could not support this item when he had not had the opportunity to read the legislation in its entirety. Motion: waive further reading, read by title only and adopt Resolution No. 2007 -072 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DECLARING ITS SUPPORT OF THE DREAM ACT LEGISLATION FOR RE- INTRODUCTION AT THE NEXT LEGISLATIVE SESSION ". Councilmember Bejarano objected - item was opened for discussion. Moved by Councilmember Pacheco, seconded by Councilmember Olivas. Councilmember Pacheco elaborated on the legislation. Councilmember Bejarano again stated that without the legislation in front of him, he could not support the issue. Mayor Lozano requested that it be moved to the meeting of December 19, 2007. Councilmember Pacheco amended his motion to bring back the report on December 19, 2007 and that staff include the text of the bill. SECOND - Councilmember Olivas. There were no objections. Mayor Lozano 10. RESOLUTION TO UNILATERALLY RESOLVE FY 2007 -08 MEET AND CONFER BETWEEN THE CITY OF BALDWIN PARK AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) Mayor Lozano commented on the negotiations and thanked the union members for their cooperation. Page 5 of 7 Councilmember Pacheco requested that staff further research the medical benefits. City Attorney Scher clarified that an MOU would be brought before Council for consideration, since an agreement had been reached. REPORTS OF OFFICERS 11. 1ST READING OF ORDINANCE NO. 1310 RELATING TO USE OF PARKING AREAS By Council consensus, the item was moved to the December 19, 2007 meeting for first reading. Councilmember Pacheco requested that staff include information regarding a day laborer center and updates on meetings with Home Depot. 12. 1ST READING OF ORDINANCE NO. 1308 ADOPTING THE 2007 CALIFORNIA BUILDING CODE (CBC) AND 2006 INTERNATIONAL BUILDING CODE (IBC) Building Official Logan presented the report. Motion: A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1308 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REPEALING SECTIONS 150.001 THROUGH 150.115 OF CHAPTER 150 OF TITLE 15 AND ADDING PARTS 1 THROUGH 20 TO CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE ADOPTING BY REFERENCE: INTERNATIONAL BUILDING CODE, 2006 EDITION AND PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS ( "CCR ") AS THE BUILDING CODE; NATIONAL ELECTRICAL CODE, 2005 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2006 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 - 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2006 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 - 103.1.2.2, A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; 'BUILDING ENERGY EFFICIENCY STANDARDS; STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE ". Moved by Councilmember Pacheco, seconded by Mayor Lozano. 13. 1ST READING OF ORDINANCE NO. 1311 RELATED TO THE RELOCATION OF BUILDINGS Community Development Manager Castagnola presented the report to the Council Motion: A motion was made to waive further reading, read by title only and Page 6 of 7 introduce for first reading Ordinance No. 1311 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 150.132 OF AND ADDING SECTION 150.133 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BUILDING RELOCATION ". Moved by Mayor Lozano, seconded by Councilmember Olivas. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS '[67►1� ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:20 p.m. Approved as presented by the Council at their meeting held Decmeber 5, 2007. Laura M. Nieto Deputy City Clerk Page 7 of 7 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, NOVEMBER 28, 2007 5:30 p.m. ROOM 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS ►W ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (GC §54957) Title: Chief of Police Title: Recreation & Community Services Director Title: Public Works Director 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) A) Agency Negotiator: Vijay Singhal, Chief Executive Officer Un- represented Employees: Chief of Police, Recreation & Community Services Director and Public Works Director B) Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Scher reported that the Council met in closed session discussed the staff evaluations and that the other items would be scheduled to a future date. Nothing further to report. Page 1 of 2 There being no other matters for discussion the meeting was adjourned at 7:00 p. M. Approved as presented by the Council at their meeting held December 5, 2007. Laura M. Nieto Deputy City Clerk Page 2 of 2 Flo% CITY • BALDWIN PARK DEC - 5 2007 ITEM W --3 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 2007-073 in order to execute the lease agreement. At their June 6, 2007 meeting, the City Council approved the Fiscal Year (FY) 2007-2008 budget, which included a line item under Cost Center 23 for the lease/ purchase of four (4) Police Department patrol vehicles as replacements for outgoing stock. These vehicles can be purchased 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. MMINSIMrOMIZORM 712 111 6 !ZE * � Agenda Staff RepoE 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. . A According to the FY 2007-08 budget $21,902.10 has been allocated towards an auto lease expense that will be utilized towards the lease/purchase of four (4) Police vehicles. Subsequently, in FY 2008-2009 and FY 2009-2010 budget years, $43,804.20 will be budgeted each year until FY 2010-2011 when the final amount of $21,902.10 will be allocated to pay off the balance of the lease agreement. Staff recommends that the City Council: 1) 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. 2007-073 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. 09, and Escrow Agreement and Related Instruments, and Determining Other Matters in Connection Therewith": and 4) Authorize the Mayor to Execute the attached Lease Agreement and Interim Finance Director to expend $21,902,10 from Account 130.58.5733. Attachments • Resolution No. 2007-073 • Lease Agreement • Equipment Schedule No. 0• '' i ! i •i i EQUIPMENT A RESOLUTION OF THE CITY COUNCIL OF THE Cl-FT'Or- BALDWIN PARK AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, i i• AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH 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 December, 2007, this resolution was adopted; and WHEREAS, the governing body of City of Baldwin Park ( "Lessee ") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule No. 09 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 functi• 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 those WHEREAS, the City of Baldwin Park (Lessee) has taken the necessary steps, including relating to any applicable legal bidding -s uirements, to arrange for ?cquisition 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. THEREFORE, the City Council of - City of i 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. 2007-073 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. MANUELLOZANO MAYOR Resolution No. 2007-073 Page 3 FTIVE-rim STATE • CALIFORNIA COUNTY • LOS ANGELES ss. CITY • BALDWIN PARK I 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 day of 2007, by the following vote: AYES: COUNCIL MEMBERS: Nej 0111 21% M kvi I IN mil Xmgmfflmr. I I Mq a 914 :1311 WAN I W 1; Pill SENT VIA EMAIL rbroellosc�r7,baldwinpark.corn November 27, 2007 City of Baldwin Park Ron Broellos 14403 East Pacific Avenue Baldwin Park, CA 91706 Re: Equipment Schedule #01625 -009 Dear Mr. Broellos: Enclosed you will find the following documentation with regards to financing equipment for your review and execution: Schedule Documentation: • Exhibit A- Equipment Schedule No. 09 • Acceptance Certificate • Payment Schedule • Exhibit B -1 -Tax Agreement and Arbitrage Certificate • Exhibit C- Resolution of Governing Body • Exhibit D- Incumbency Certificate • Exhibit E -Opinion of Counsel Letter dated December 5, 2007 • Exhibit F- Escrow Agreement, with its Schedule A • Exhibit G- 1- Confinnation 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 December 5, 2007, via priority express delivery service (ex. Fed Ex or UPS), for my receipt on or before the morning of Wednesday, December 5, 2007 as follows: Ericka Donham 410- 307 -6730 SunTrust Leasing Corporation 300 East Joppa Road, 7th Floor Towson, MD 21286 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. 01625 dated 11/20/02; ON FILE Exhibit A - Equipment Schedule No. 09; Acceptance Certificate; Payment Schedule; Exhibit B -1 - Tax Agreement and Arbitrage Certificate; Exhibit C - Resolution of Governing Body; Exhibit D - Incumbency Certificate; Exhibit E - Opinion of Counsel; Exhibit F — Escrow Agreement, with its Schedule A; Exhibit G -I 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. 11 /27/ 2007 :BQ - ESC /STB.D0C /i ev.04 /02.st1 EXHIBIT A EQUIPMENT SCHEDULE NO. 09 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 tenns capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. EQUIPMENT GROUP The cost of the Equipment Group to be funded by Lessee under this Lease is $122.990.64 (the "Acquisition Cost'). The Equipment Group consists of the following Equipment which has been or shall be purchased: FOUR (4) PATROL CARS $122,390.64 DOCUMENTATION FEE $600.00 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 Term, Lessee will provide written notice to Lessor: 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 CITY OF BALDWIN PARK, SUNTRUST LEASING CORPORATION, Lessee Lessor By: By: Name: Manuel Lozano Title: Mayor Date: Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 Telephone: 626/960 -4011 Ext. 463 Facsimile: 626/962 -2625 11 /27/2007: BQ -ES c.DOGiev.04 /02. si] Name: Donald S. Keough Title: Vice President Date: Address: 300 East Joppa Road, 7t" Floor Towson, MD 21286 Telephone: 410/307 -6648 Facsimile: 410/307-6702 Lease No.: 01625 Equipment Schedule: 09 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 fiends 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: 11/27/2007:9Q -ESC. DOCK ev.04 /0201 Manuel Lozano Mayor Lease Number: 01625 Equipment Schedule: 09 PAYMENT SCHEDULE The Funding Date with respect to the above referenced Equipment Group shall be December 5, 2007. 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 4.35 %. Lessee will make Rental Payments each consisting of Principal and Interest asset forth below for a term of three (3) years. The first Rental Payment is due on January 5, 2008 and subsequent payments are due monthly on like date thereafter. Payment Payment Payment Principal Interest Prepayment Number Date Amount Component Component Price* 1 1/5/2008 3,650.35 3,204.52 445.83 123,379.70 2 2/5/2008 3,650.35 3,216.13 434.22 120,067.09 3 3/5/2008 3,650.35 3,227.79 422.56 116,742.47 4 4/5/2008 3,650.35 3,239.49 410.86 113,405.79 5 5/5/2008 3,650.35 3,251.23 399.12 110,057.01 6 6/5/2008 3,650.35 3,263.02 387.33 106,696.10 7 7/5/2008 3,650.35 3,274.85 375.50 103,323.02 8 8/5/2008 3,650.35 3,286.72 363.63 99,937.70 9 �, 9/5/2008 3,650.35 3,298.63 351.72 96,540.10 10 10/5/2008 3,650.35 3,310.59 339.76 93,130.19 11 11/5/2008 3,650.35 3,322.59 327.76 89,707.92 12 12/5/2008 3,650.35 3,334.64 315.71 86,273.24 13 1/5/2009 3,650.35 3,346.72 303.63 82,826.12 14 2/5/2009 3,650.35 3,358.86 291.49 79,366.51 15 3/5/2009 3,650.35 3,371.03 279.32 75,894.33 16 4/5/2009 3,650.35 3,383.25 267.10 72,409.59 17 5/5/2009 3,650.35 3,395.51 254.84 68,912.21 18 6/5/2009 3,650.35 3,407.82 242.53 65,402.16 19 7/5/2009 3,650.35 3,420.18 230.17 61,879.37 20 8/5/2009 3,650.35 3,432.57 217.78 58,343.81 1 1/ 27 /2007:DQ- ESC.DOC /rev.04 /02.st1 4 Lease Number: 01625 Equipment Schedule: 09 EXECUTION PAGE TO THE PAYMENT SCHEDULE Payment Payment Payment Principal Interest Prepayment Number Date Amount Component Component Price* 21 9/5/2009 3,650.35 3,445.02 205.33 54,795.45 22 10/5/2009 3,650.35 3,457.51 192.84 51,234.22 23 11/5/2009 3,650.35 3,470.04 180.31 47,660.08 24 12/5/2009 3,650.35 3,482.62 167.73 44,072.99 25 1/512010 3,650.35 3,495.24 155.11 40,472.88 26 215/2010 3,650.35 3,507.91 142.44 36,859.73 27 3/5/2010 3,650.35 3,520.63 129.72 33,233.50 28 4/5/2010 3,650.35 3,533.39 116.96 29,594.10 29 5/5/2010 3,650.35 3,546.20 104.15 25,941.52 30 6/5/2010 3,650.35 3,559.05 91.30 22,275.70 31 7/5/2010 3,650.35 3,571.95 78.40 18,596.58 32 8/5/2010 3,650.35 3;584.90 65.45 14,904.13 33 9/5/2010 3,650.35 3,597.90 52.45 11,198.29 34 10/5/2010 3,650.35 3,610.94 39.41 7,479.03 35 1115/2010 3,650.35 3,624.03 26.32 3,746.29 36 12/5/2010 3,650.35 3,637.17 13.18 0.00 Totals 131,412.60 122,990.64 8,421.96 CITY OF BALDWIN PARK, Lessee By: _ Name: Title: Date: * After payment of Rental Payment due on such date. H / 27 /2007,BQ- ESC.DOC /rev.04 102.st] 5 Manuel Lozano Mayor [Escrow] TAX AGREEMENT AND ARBITRAGE CERTIFICATE EXHIBIT B -1 Lease Number: 01625 Equipment Schedule: 09 This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate ") is issued by CITY OF BALDWIN PARK ( "Lessee ") in favor of SUNTRUST LEASING CORPORATION ( "Lessor ") in connection with that certain Master Lease Agreement dated as of November 20, 2002 (the "Agreement "), by and between Lessor and Lessee. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. Section 1. In General. LL 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 $122,990.64 (the "Principal Amount") toward the acquisition of the Equipment and Lessee shall make Rental Payments tinder 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 esseirtial 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 December 51 2007, (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 Documents. Section 3. Disbursement of Funds, 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 for 1 l; 2' 712007:BQ- ESC.DOC/rev.04 /02.st1 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 puxpo'se„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 May 29, 2009. (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. (c) 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 5. 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 funds 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 Use; 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 property 11 /27/2007: BQ-ESC, DOGrev.04MI stl or payments as described above, then the excess over such five percent (5 %) (the "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 govemmental 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 8. 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 December 5, 2007. CITY OF BALDWIN PARK, Lessee By: Name: Manuel Lozano Title: Mayor Date: 11/ 272007:BQ- ESC.➢OC/rev,04 /02.st1 [Escrow] RESOLUTION OF GOVERNING BODY EXHIBIT C -1 Lease Number: 01625 Equipment Schedule: 09 At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the day of _ the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 09, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of CITY OF BALDWIN PARK ( "Lessee ") desires to obtain certain equipment (the "Equipment ") described in Equipment Schedule No. 09 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 Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the 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 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, Lessee has taken the necessary steps, including those relatiugto.. any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, 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, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE 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 Lessee for the acquisition of the Equipment. 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 Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of 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. The Chief Deputy City Clerk of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of 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 the Financing Documents. Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code "), Lessee hereby specifically designates the Lease as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Code. 11 /27 /2007:BQ- ESC.DOC /, e,.04 /02.st1 The undersigned further certifies that the above resolution has not been repealed or amended and remains in frill force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. Date: CITY OF BALDWIN PARK, Lessee By: Name: Manuel Lozano Title: Mayor Attested By: Name: Rosemary Gutierrez Title: Chief Deputy City Cleric 1 t/ 27 /2007:sQ- ESC.DOC /rev.04/02.st1 10 EXHIBIT D Lease No.: 01625 Equipment Schedule: 09 INCUMBENCY CERTIFICATE I do hereby certify that I am the duly elected or appointed and acting Chief Deputy City 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 LEASING CORPORATION. NAME Manuel Lozano Mayor TITLE SIGNATURE IN WITNESS WHEREOF, I have duly executed this certificate as of day of 2007. By: Name: Rosemary Gutierrez Title: Chief Deputy City Clerk i v27/2007:sQ- ESC.DOC/— .04/o2.stI 11 [LETTERHEAD OF LESSEE'S COUNSEL] December 5, 2007 SunTrust Leasing Corporation 300 East Joppa Road, 7"' Floor Towson, MD 21286 EXHIBIT E Re: Equipment Schedule No. 09 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: We have acted as counsel to Lessee with respect to the Agreement described above and various related matters, and in this capacity have reviewed a duplicate original or certified copy thereof and Equipment Schedule No. 09 executed pursuant thereto (together with the Agreement, 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 these and such other documents as we have deemed relevant, 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 C.gnstituti.an and laws 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, executed and delivered by and on behalf of Lessee, and is 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. 4. The authorization and execution of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public records, public bidding and all other 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 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. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges 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. The Equipment is personal property, and when used by Lessee will not be or become fixtures under the laws of the State. 8. Resolution No. of the governing body of Lessee was duly and validly adopted by such governing body on , and such resolution 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, (type name and title under signature) I I /27 /2007:BQ- BSCDOChev.04 /02st1 12 EXHIBIT F Lease No.: Shown on Schedule I Equipment Schedule: Shown on Schedule I SUNTRUST LEASING CORPORATION ESCROW AGREEMENT This ESCROW AGREEMENT, made and entered into as of the Date shown on Schedule I, by and among SUNTRUST LEASING CORPORATION, a Virginia corporation ( "Lessor "), the Lessee named on Schedule I, 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 L DEFINITIONS AND RECITALS Section I.I. Definitions. The terms defined in this Section 1.1 shall, for all purposes of this Escrow Agreement, have the meanings xspecifiied 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 I. "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 Leasing Corporation 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 funds. ARTICLE II. APPOINTMENT OF ESCROW AGENT; AUTHORITY i irrnzoo7:HQ- ESC.DOChev.oa/o2.sU 13 Section 2.1. Appointment of Escrow Agent. Lessor and Lessee hereby appoint and employ Escrow Agent to receive, hold, invest and disburse the moneys to be paid to Escrow Agent pursuant to this Escrow Agreement and to perfonn 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 omitted to be taken in good faith upon advice of legal counsel, which may be 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. Authority. 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 III. EQUIPMENT ACQUISITION FUND Section 3.I. EquiUment Acquisition Fund. Escrow Agent shall establish a special escrow account designatbd as' the "Equipment quipment Acquisition Fund" (the "Equipment Acquisition Fund "), shall keep such Equipment Acquisition Fund separate and apart from all other fields 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, Atlanta, Georgia, ABA# 061000104, Account# 9443001321, Account Name: Corporate Agency Services, Beneficiary as shown on Schedule I, Attention: Matthew Ward (804) 782 -7182. 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 Fund 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. hi 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 terns in the Lease. Escrow Agent shall have no responsibility to see to the appropriate application of any moneys returned ender 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 3.2 11/ 27 /2007:BQ- ESC.DOC /rev.04 /02.stt 14 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 fiends 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 �aharged`to the Equipment Acquisition Fund. Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment ot" 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 when 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 terminate 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 instrument, 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. 11 /27 /2007:BQ- HSC.D0C /- .04 /02,A 15 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 Section 8. . 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,betwe'en 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 for the failure or refusal of any other party 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, couuiterclaim, 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 I 1/ 27 12007:BQ- ESC.DOCcev.04 /02.st1 16 (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 "Indemnified 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 counsel 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 legal 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, 53 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 °t 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 prospectus 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 (exchasive 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 consolidated, or any entity resulting from any merger, conversion or consolidation to which it shall be a party, or any company to which 17 11 /27/2007: BQ -ES C. DOC/rev.04 /02. scl 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 tiling 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 connection 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. Captions. 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 Reporting. Escrow Agent will not be responsible for tax reporting of any income on the Equipment Acquisition Fund. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 11/ 27 /2007:BQ- ESC.DOC /re,.04 /02.AJ 18 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, SUNTRUST LEASING CORPORATION, Escrow Agent Lessor By By Name: Name: Donald S. Keough Title: r . Title: Vice President CITY OF BALDWIN PARK, Lessee By Name: Manuel Lozano [SEAL] Title: Mayor Schedule 1 Information to Complete Escrow Agreement Exhibit A Payment Request Form 11 /27 /2007:BQ- ESC.D0C/rm04 /02.st1 19 SCHEDULEI INFORMATION TO COMPLETE ESCROW AGREEMENT Lease Number: 01625 Equipment Schedule: 009 Date of Escrow Agreement: December 5, 2007 Name of Lessee: CITY OF BALDWIN PARK Lessee's State / Commonwealth: CA Escrow Agent Fee: $250.00 Investment Fees, if any, are more fully defined on the attached prospectus, if any Initial Deposit Amount: $122,390.64 Date of Master Lease Agreement: November 20, 2002 Beneficiary Name for Fund: CITY OF BALDWIN PARK Ending Date: May 29, 2009 Lessee's Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Manuel Lozano Lessee's Telephone: 626/ 960 -4011 Ext. 463 Lessee's Facsimile: 626/ 962 -2625 Lessee's Taxpayer Identification Number: 95- 6005574 Lessee's Authorized Representatives Manuel Lozano, Mayor, Escrow Agent's Address: Escrow Agent's Telephone Escrow Agent's Facsimile: Lessor's Address: Lessor's Telephone: Lessor's Facsimile: Lessor's Taxpayer Identification Number: [name /title] SunTrust Bank, Corporate Agency Services IIDQ 5310 919 East Main Street, 10`I' Floor Richmond, Virginia 23219 Attention: Matthew Ward (804) 782 -7182 (804) 782 -7855 SunTrust Leasing Corporation 300 East 7oppa Road, 7th Floor Towson, Maryland 21286 Attention: Escrow Disbursement Coordinator (410) 307 -6749 (410) 307 -6665 11/ 27 /2007:BQ- ESC.DOC/rev.04 /02.st1 20 [signature] [signature] Lease Number: 01625 Equipment Schedule: 09 EXHIBIT A PAYMENT REQUEST FORM NO. SUNTRUST BANK, as Escrow Agent under an Escrow Agreement dated as of December 5, 2007 (the "Escrow Agreement ") by and among the Escrow Agent, SUNTRUST LEASING CORPORATION, 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. Payee Amount The Lessee hereby certifies that: Equipment 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 tern 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 By Name: Manuel Lozano Title: Mayor Date: SUNTRUST LEASING CORPORATION, Lessor By— Name: Title: Date: 11/ 27 12007:6Q- ESC.DOC/rev.04 /02.st1 21 EXHIBIT G -1 Lease No.: 01625 Equipment Schedule: 09 DATE: December 5, 2007 TO: Insurance Agent Name & Address Phone Number and Fax Number Gentlemen: CITY OF BALDWIN PARK has entered into Equipment Schedule No. 09 to Master Lease Agreement dated as of November 20, 2002 with SUNTRUST LEASING CORPORATION. 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 LEASING CORPORATION ardor its assigns as Loss Payee. The Coverage Required is $122,990.64. b. Public Liability Insurance evidenced by a Certificate of Insurance naming SUNTRUST LEASING CORPORATION and /or its assigns as Additional Insured. The following minimum coverage is required: Liability: Liability - Bodily Injury: Liability - Property Damage: PROPERTY: Four (4) Patrol Cars LOCATION: 14403 East Pacific Avenue Baldwin Park, CA 91706 $ 500,000.00 per person $1,000,000.00 aggregate $1,000,000.00 property damage liability Upon issuance of the coverage outlined above, please mail a certificate of insurance to SUNTRUST LEASING CORPORATION, 300 East Joppa Road, 7`h Floor, Towson, NID 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: Manuel Lozano Title: Mayor Date: L U27 /2007JBQ- ESC,DOC,, -v 04 /02st1 22 EXHIBIT G-2 Lease Number: 01625 Equipment Schedule: 09 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 LEASING CORPORATION, as Lessor (the "Lessor "), and the lessee identified below, as Lessee (the "Lessee "), Lessee warrants and represents to Lessor the following information. The ternls 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 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 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 $ 2. Liability Insurance. 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 Stich liability coverage is $ 3A. SeUInsuranceFund. a. Lessee maintains a self - insurance fund. YES NO (circle one) If yes, please complete the following: Monies in the self - insurance fund are subject to annual appropriation. YES NO (circle one) The total amount maintained in the self - insurance fiend to cover Lessee's self - insurance liabilities is $ b. Amounts 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 $ i v27,2007:sQ -r c.uou,n.oaioz.sii 23 3B. No SeILInsurance Fund. 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: 4. Authority. 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 rlaimant have recourse to another administrative officer, agency or the courts? YES NO (circle one) If yes, to whom does the claimant have recourse? 5. Certificates of Insurance. 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: Manuel Lozano Title: Mayor Date: Telephone: 626/960 -4011 Ext. 463 Facsimile: 626/962 -2625 Attachment I I/ 27 /2007:BQ- ESC.DOC/rev.04102.st1 24 SUNTRUST LEASING CORPORATION ADDENDUM TO EQUIPMENT SCHEDULE NO. 09 TO MASTER LEASE AGREEMENT (LEASE NO. 01625) RELATING TO SELF - INSURANCE THIS ADDENDUM is made as of December 5, 2007, between SUNTRUST LEASING CORPORATION (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. 09 to the Agreement (the "Equipment ") and Lessee has requested that Lessor lease such Equipment to Lessee. C. With respect to Equipment Schedule No. 09, 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, TH?FREFORE, in consideration of the premises and mutual covenants and agreements contained herein +and in the Agreement, it is hereby agroed as follows: I ' f 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. 09 through self - insurance. 6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule No. 09 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, SUNTRUST LEASING CORPORATION, Lessee Lessor M. Name: Manuel Lozano Title: Mayor Date: i 1/z 7r2007:sQ- ssc.vocirev.04i02sit 25 By: Name: Title: Date: Donald S. Keough Vice President [PAGE TO BE REPLACED BY UCC FINANCING STATEMENT] TO BE FILED ONLINE u/ 27 /2007:s0- ESC.DOC /rev.0a /02.se 26 SCHEDULE A TO FINANCING STATEMENT OF CITY OF BALDWIN PARK, AS DEBTOR, AND SUNTRUST LEASING CORPORATION, AS SECURED PARTY Continuation of Collateral Description 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 "): FOUR (4) PATROL CARS (a), the equipment described in Equipment Schedule No. 09 dated as of December 5, 2007 (the "Equipment Schedule ") to the Master Lease Agreement dated as of November 20, 2002 (the "Agreement," and together with the Equipment Schedule, dhe "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 December 5, 2007 (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. i 1m/2007:nQ- asc.nochev.04/02.stt 27 Form 8038-6 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 e Internal Rv or the treasury Caution: /f the issue price is under $100,000, use Form 8038 -1 Internal Revenue Service FU!TM Rennrtinn Authnrity If Amended Return, check here ► f 1 1 Issuer's name 2 Issuer's employer identification number (d) weighted average 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 122,990.64 14403 East Pacific Avenue Issue price of entire issue (enter amount from line 21, column (b)) . . . . , _ 3 5 City, town, or post office, state, and ZIP code 24 Proceeds used for bond issuance costs (including underwriters' discount) . 24 0 6 Date of issue Proceeds used for credit enhancement . . . . . . . . . . . . 25 0 Baldwin Park, CA 91706 December 5, 2007 7 Name of issue 8 CUSIP number Equipment Schedule No. 09 to Master Lease Agreement No. 01625 Proceeds used to currently refund prior issues . . . . . . . . . 27 0 none 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legai representative Proceeds used to advance refund prior issues . . . . . . . . 28 0 Ron Broellos, Acting Senior Account ( 626 ) 960 -4011 Tvpe of Issue (check applicable boxes) 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 ► 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 . . . . . . ► V1 IUTi' m nescrintinn of nhlinatinns. Cmmi fnr the entire issue for which this form is beina filed. 122,990.64 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) weighted average maturity (e) Yield 21 10/18/2010 $ 122,990.64 $ 122,990.64 3 years 4.35 % For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. No. 63773S Form 8038 -G (Rev. 11 -2000) Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . 22 0 23 122,990.64 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . , _ 24 Proceeds used for bond issuance costs (including underwriters' discount) . 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 30 122,990.64 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . 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 . . . . . . . . . . ► 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 ► WRR 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)(III) (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 Manuel Lozano, Mayor / 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. 63773S Form 8038 -G (Rev. 11 -2000) DISBURSEMENT AUTHORIZATION December 5, 2007 SunTrust Leasing Corporation 300 E. Joppa Road, 7th Floor Towson, Maryland 21286 Gentlemen: In connection with the certain Equipment Schedule No. 09 executed between SunTrust Leasing Corporation and the Lessee identified below, pursuant to that certain Master Lease Agreement No. 01625 dated as of November 20, 2002, Lessee hereby directs SunTrust Leasing Corporation to wire transfer the monies as follows and to deduct the documentation fee due to SunTrust Leasing Corporation at closing: Destination Information: Bank Name SunTrust Bank Bank ABA Number 061000104 Account Number 9443001321 Account Name Corporate Agency Services Attention Matthew Ward 804- 782 -7182 Dollar Value $122,390.64 Reference City of Baldwin Park, CA Documentation Fee: SunTrust Leasing Corp. Dollar Value $600.00 Reference Citv of Baldwin Park TOTAL DISBURSEMENTS: $122,990.64 Lessee acknowledges: (a) the Acquisition Cost of the Equipment is being increased by $600.00 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: Manuel Lozano Title: Mayor Date: PAY PROCEEDS / DISBURSEMENT (11/99) lk liq BALDWIN P A - R, K CITY OF BALDWIN PARK AGENDA STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: December 5, 2007 SUBJECT: Resolution Approving Change in City Attorney and Assistant City Attorney The purpose of this item is to request approval of the City Council to a change in the persons designated as City Attorney and Assistant City Attorney. BACKGROUND /DISCUSSION In 2003 the City Council appointed Stephanie R. Scher as City Attorney and Joseph W. Pannone as Assistant City Attorney. Subsequently, Ms. Scher and Mr. Pannone moved to the law firm of Aleshire & Wynder ( "A &W "), and the Commission entered into a Contract Services Agreement with A &W ( "the Agreement ") pursuant to which they were designated in those positions. Ms. Scher has announced her intention to retire from the practice of law on December 31, 2007, necessitating a change in appointment. The Agreement provides that change can be made by resolution. The attached resolution appoints Mr. Pannone as City Attorney, and Christy M. Lopez as Assistant City Attorney. Ms. Lopez has been working with the City and sitting as counsel to the Planning Commission for the past year. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only and adopt Resolution No. 2007 -75 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING THE DESIGNATION OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY." ATTACHMENT • Resolution No. 2007 -075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING THE DESIGNATION OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY WHEREAS, pursuant to that certain Contract Services Agreement for City Attorney Services (the "Agreement") between the City of Baldwin Park ("City") and Aleshire & Wynder, LLP, the City Council of the City appointed Stephanie R. Scher as the City Attorney and Joseph W. Pannone as Assistant City Attorney; and WHEREAS, Stephanie R. Scher has announced her intention to retire from the practice of law on December 31, 2007, and the City Council desires to appoint her replacement; and WHEREAS, the Agreement states that the designated City Attorney and Assistant City Attorney may be established from time to time or modified by resolution of the City Council; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The City Council hereby appoints Joseph W. Pannone as City Attorney for the City of Baldwin Park. SECTION 2. The City Council hereby appoints Christy M. Lopez as Assistant City Attorney for the City of Baldwin Park. SECTION 3. The provisions of this Resolution shall become effective January 1, 2008. Manuel Lozano, Mayor Resolution No. 2007-075 Page 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the day of 2007, by the following vote: F-AVA �4101 I I kq [N I VOTRO. 4 CITY OF BALDWIN PARK BALDWI P - A - R�K TO: Honorable Mayor and City Council Member FROM: David A. Bass, Finance Consultant DATE: December 5, 2007 SUBJECT: MONTHLY FINANCIAL REPORT PURPOSE CITY COUNCIL AGENDA The purpose of this report is to provide City Council with a monthly financial report for the period ended October 31, 2007. BACKGROUND The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council. DISCUSSION The Monthly Financial Report provides the City Council and staff with report as to the budgetary status each month. Attached is the monthly financial report for the period ended October 31, 2007. There are two pages for revenues (one for general fund and one for all other funds) and two pages for expenditures, one page by category, and one page by department. The "remaining" columns indicate the amount to be received in the case of revenues or the amount not yet spent for expenditures. If the category or department were spending or receiving revenue in equal amounts each month then the remaining percentage would be 67 %. Revenues Both the General Fund and the Non - General funds are performing somewhat less than expected. While property tax is not expected until November and December other revenues seem to be lower than would be expected at this time. As a comparison to the same period last year the General Fund revenues are 4% lower this year as compared to last year. Page 2 Staff is closely monitoring the revenue to determine if this is a trend, or if some revenues are coming in later than in the prior year. While it is early in the fiscal year and trends are not fully developed it is necessary for City staff to closely monitor these revenues and determine the impact on the General Fund. Some examples of concern with respect to General Fund revenues 1. Real property transfer tax is down considerable ($28,173 vs. $65,993 for the same period last year, a 57% reduction). If this trend continues then this revenue will be less than budget by $103,000. 2. Motor vehicle license fee (non property tax portion) down about $60,000 for the first four months of the fiscal year as compared to the same period last year. Since October is the fourth month of the fiscal year, this reduction projects to an annualized reduction of about $180,000. 3. Motor vehicle code fines (red -light camera and all other moving violations) are at $296,217 or 20% of budget. Adjusting for year end accounting accruals, this revenue is projected, based on current trends, to be about $325,000 under budget. 4. Sales tax was up less than 1% for the first quarter. The budget estimated no growth for FY 2007 -08 as compared to FY 2006 -07 budget amount. However, the actual revenue for FY 2006 -07 was about $300,000 under budget. Additionally, there is still cause for concern due to the fact that the minimal growth quarter is before the opening of the Home Depot in West Covina — it is estimated that the opening of the that Home Depot will reduce Baldwin Park sales tax by at least $100,000 per year. 5. Building permit revenue is down, however building plan check fees are up, which may indicate a short-term improvement in the building permit revenue. Expenditures by Category /Department Expenditures, except for capital, tend to occur on an equal monthly basis. The year to date for Personnel, which occurs on a bi- weekly basis, is slightly under budget than what is expected (a projected annual under budget of about $900,000). This is due to continued vacancies and the fact that negotiated salary increases are not reflected in expenditures as of October. Part of the personnel saving is attributable to lower expenditures for workers compensation payments, but additional analysis is required to determine if this saving will continue. Most departments have expenditures slightly less than expected, due to personnel costs. Summary With the reduction in some revenues, the recent announcements from Sacramento regarding the status of the State budget, negotiated labor agreements, the housing market situation with its impact on certain City revenues`the City must be diligent in the administration of the budget. Staff is monitoring these trends and is working to develop a mid -year budget analysis to be presented to the City Council in January of next year. Page 3 FISCAL IMPACT NO=I- RECOMMENDATION Staff recommends that the City Council receive and file the monthly financial report for the period ended October 31, 2007. ATTACHMENTS /EXHIBITS Monthly Financial Report ., r CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended October 31, 2007 General Fund Category Budget Year to Date Remaining Taxes: Property Taxes 3,216,600 174,673 3,041,927 95% Sales Tax 6,050,000 663,693 5,386,307 89% Utility Users Tax 2,446,900 594,539 1,852,361 76% Franchise Fees 1,578,400 762,333 816,067 52% Busines License 678,700 215,770 462,930 68% Other Taxes 460,000 83,443 376,557 82% 14,430,600 2,494,451 11,936,149 83% Charges for Services: Community Develop. 660,000 376,594 283,406 43 % Public Works 112,000 30,763 81,237 73% Police 248,700 101,743 146,957 59% Parks 582,400 184,080 398,320 68% 1,603,100 693,180 909,920 Licenses & Permits 1,637,500 139,485 1,498,015 91% Fines & Penalties 109,000 8,244 100,756 92% Use of Money & Prop. 143,500 0 143,500 100% Intergovernmental 6,705,800 151,247 6,554,553 98% Other 60,900 28,090 32,810 54% Internal Services 25,000 10,950 14,050 56% Grand Total 24,715,400 3,525,647 21,189,753 86% Excludes transfers CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended October 31, 2007 Other Funds Category Budget Year to Date Remaining Property Taxes 3,152,100 216,085 2,936,015 93% Intergovernmental: CDBG & Home 3,945,100 83,283 3,861,817 98% Streets 4,722,500 1,153,405 3,569,095 76% Parks 13,000 0 13,000 100% Police 150,000 156,036 (6,036) 4% Other 261,500 242,755 18,745 7% 9,092,100 1,635,479 7,456,621 82% Charges for Services: Public Works 190,000 93 189,907 100% Parks 85,000 391,077 (306,077) -360% Community Develop. 0 4,079 (4,079) Other 88,000 27,650 60,350 69% 363,000 422,899 (59,899) -17% Licenses & Permits 60,000 18,296 41,704 70% Fines & Penalties 1,191,800 414,357 777,443 65% Use of Money & Prop. 48,600 (13,323) 61,923 127% Other 281,400 65,520 2151880 77% Internal Services 6,112,100 1,555,728 4,556,372 75% Grand Total 20,301,100 4,315,041 15,986,059 79% Excludes transfers CITY OF BALDWIN PARK R EXPENDITURES B CATEGORY For the Period Ended October 0`.. lorgraffs,11 m Category Revised budget Year to date Remaining Personnel 17,253,800 4,735,184 12,518,616 73% Maintenance 1,297,950 375,212 922,738 71% Contractual 2,573,900 670,326 1,903,574 74% Capital 63,950 4,495 59,455 93% Internal Srvcs 2,382,600 794,229 1,588,3371 67% Debt Service 0 0 0 0% M mt Resources (298,100) 0 (298,100) 1000/0 Grand Total 23,27 ,100 L 6,579,446 16,694,654 72% Category Revised Budget Year to Bate Remaining Personnel 5,1.39,400 1,226,393 3,913,007 76% Maintenance 2,617,120 590,969 2,026,151 77% Contractual 4,463,480 983,955 3,479,525 78% Capital 608,837 240,644 368,193 60% Internal. Srves 1,600,200 533,420 1,066,780 67% Debt Service 5,657,600 1,206,761 4,450,839 79% Mgmt Resources (244,800) 0 (244,800) 0% Grand Total 19,841,837 1 4,782,142 15,4159,695 76% 1 Excludes traaisfers C «x »« < »e2 + 2 «<2«<¥< Excludes ta! mfrs °2O BALD °: PARK EXPENDITURES BY DEPARTMENT t 2 x Perim? 2nde¥ +O +¥« : � 2l -:* 1 268,223 65,19 96,976 <<::<»! 1,012,916 9,41 \«« :,I <w !: » <: d » < 11, 1 ,022,9 Imam 0 65,0 798,0 » 1,1 ° §� !1# 2,! :; 602,.4 ,a ? « §? ® ¥! 68% 70% 69% 7!% 72% 74% 69% 78% 72% 70% 75% 85% 77% 79 & 79% 58% 97% 76% O N co O d' d i LO tD O M V O 1` 1` Lo O O LO (D O r- Co d O to N (' to O 1` m O) to r _ 0 O O — O 1-- O N U-) M .- 00 O T.� 00 O N O1 O d r M M d' —0 to r "t — 00 , d "t to N O v to LO N ,r M m a x U) x ca aL> h to y, D to to c a� a� n Q) to L L Q O N (1r O U O 0) 0-) 0) 0) O O 0) O) W �- O) 0 6) O) tD G1 M O d� O r O O O O to M tG U) to N ILO (7) to M d' M N r O N W) M O N N m O H C R Ali u ti O O IL 0 O O O O O 0 0 0 0 0 w W O O O O O O O O O O O W M O O M N N (' to O 1` m O LL It M 00 N m CV r t- n O) N r- It O to r to N (D W p 00 O) Ir N to co M 1,- M N O Z tO r CD M to N W }' r0 d 'gr O V O 0) N Cl) N LL W 0000 N O N O Cl Q) O W �t- Oo O O ootho ti N tf7 O Z O H 'T r N W N i W G c- r M N O LL r r `- z O d W N Wz0W �O ~z °— w UUcn aco - M - WUWOOW CD U U) a Up `- 0 d 4 aU m> -"<cUry F- O F- LLJ n z - ICn000 D co a� rr,06 LL D Q a L U � m � Q W CL M N O N v LO z w ZONIt N r- CD t0 M It C0 rt rr V rr rr O W v o Q r N 00 LL p m N Cl N �r to _ O 'tt O �c Orry N VM rr�r<t I-� OONr- ZOO Oom ACV U LL LL . tD G1 M O d� O r O O O O to M tG U) to N ILO (7) to M d' M N r O N W) M O N N m O H C R Ali u ti O O IL CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended October 31, 2007 General Fund Category Budget Year to Date Remaining Taxes: Property Taxes 3,216,600 174,673 3,041,927 95% Sales Tax 6,050,000 663,693 5,386,307 89% Utility Users Tax 2,446,900 594,539 1,852,361 76% Franchise Fees 1,578,400 762,333 816,067 52% Busines License 678,700 215,770 462,930 68% Other Taxes 460,000 83,443 376,557 82% 14,430,600 2,494,451 11,936,149 83% Charges for Services: Community Develop. 660,000 376,594 283,406 43% Public Works 112,000 30,763 81,237 73% Police 248,700 101,743 146,957 59% Parks 582,400 184,080 398,320 68% 1,603,100 693,180 909,920 Licenses & Permits 1,637,500 139,485 1,498,015 91% Fines & Penalties 109,000 8,244 100,756 92% Use of Money & Prop. 143,500 0 143,500 100% Intergovernmental 6,705,800 151,247 6,554,553 98% Other 60,900 28,090 32,810 54% Internal Services 25,000 10,950 14,050 56% Grand Total 24,715,400 3,525,647 21,189,753 86% Excludes transfers CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended October 31, 2007 Other Funds Category Budget Year to Date Remaining Property Taxes 3,152,100 216,085 2,936,015 93% Intergovernmental: CDBG & Home 3,945,100 83,283 3,861,817 98% Streets 4,722,500 1,153,405 3,569,095 76% Parks 13,000 0 13,000 100% Police 150,000 156,036 (6,036) -4% Other 261,500 242,755 18,745 7% 9,092,100 1,635,479 7,456,621 82% Charges for Services: Public Works 190,000 93 189,907 100% Parks 85,000 391,077 (306,077) -360% Community Develop. 0 4,079 (4,079) Other 88,000 27,650 60,350 69% 363,000 422,899 (59,899) -17% Licenses & Permits 60,000 18,296 41,704 70% Fines & Penalties 1,191,800 414,357 777,443 65% Use of Money & Prop. 48,600 (13,323) 61,923 127% Other 281,400 65,520 215,880 77% Internal Services 6,112,100 1,555,728 4,556,372 75% Grand Total 20,301,100 4,315,041 15,986,059 79% Excludes transfers ■ S TO: FROM: DATE: CITY COUNCIL AGENDA Honorable Chair and Members of the Commission Marc Castagnola, Community Development Manager----.,-n December 5, 2007 2 nd READING OF ORDINANCE NO. 1311 The purpose of this staff report is to request City Council adopt on second reading Ordinance No. 1311. At its meeting of November 28, the City Council introduced Ordinance No. 1311 for first reading. In order for the ordinance to become effective, it must be adopted on second reading. Once adopted the ordinance will take effect 30 days from the date of adoption. Staff recommends that the City Council waive further reading, read by title only and adopt -tin second reading Ordinance No. 1311 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 150.132 OF AND ADDING SECTION 150.133 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BUILDING RELOCATION". Attachment: ® Ordinance No. 1311 The City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Section 150.132 of the Baldwin Park Municipal Code is hereby amended to read as follows: (A) Prohibition. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location without the city's boundaries to a location within the city's boundaries. (B) Structures which maybe relocated. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location within the city's boundaries to any other location within the city's boundaries unless all of the following requirements are met. 1. The structure is a detached single family residential structure (which may include its associated accessory structures); 2. The structure is currently existing and located within the City of Baldwin Park. 3. The structural integrity of the structure has not been compromised and has been certified by a City inspector. 4. The applicant has demonstrated that there exists an involuntary and external hardship that necessitates the move of the structure. Economic hardship and financial speculation do not constitute hardship for this purpose. 5. The applicant has demonstrated there is an imminent threat of demolition of the structure. 6. The relocation of the structure will not cause a non-conforming situation. 7. The relocation of the structure will not require any deviations from applicable development standards. (C) Process for approval. A structure proposed for relocation shall be treated as a new structure and all approvals required for new construction shall first be obtained and all applicable fees paid before a house moving permit may be issued. (D) Fees. Fees to obtain approval to relocate a building within the City shall be as established by resolution of the City Council. Ordinance No. 1311 Page 2 SECTION 2. Section 150.133 is hereby added to the Baldwin Park Municipal Code to read as follows: The provisions of this subchapter shall not apply to new modular or prefabricated buildings or structures. SECTION 3. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED on the day of 1 2 0 JyA � I A 0 A 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, • the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1311 was introduced at a regular adjourned meeting • the City Council held • November 28, 2007, and was adopted • the City Council at its regular meeting held on 2007, by the following vote of the Council: IN 11111 111111 !111!!!! r I A W W MMIRMIMLIJIM"Iya 0 P A - R, K CITY OF BALDWIN PARK CITY COQ$ Jxx DEC - 5 2007 ITEM N0. AGENDA STAFF REPORT TO: Honorable Mayor and Members of the Cit uncil FROM: Vijay Singhal, Chief Executive Officer DATE: December 5, 2007 SUBJECT: RESOLUTION IN SUPPORT OF TOM BRADLEY COMMEMORATIVE STAMP PURPOSE This report requests that the City Council adopt a Resolution supporting the issuance of a stamp commemorating the achievements and legacy of the late Tom Bradley, former Mayor of Los Angeles. BACKGROUND /DISCUSSION At its meeting of November 28, 2007, Mayor Pro Tern Garcia requested that the Council consider adopting a resolution in support of the Tom Bradley commemorative stamp. At the September meeting of the League of California Cities, a unanimous vote was taken to support the growing efforts of public and private organizations and individuals around California and the nation that are urging the United States Postal Service to issue a stamp commemorating the late Tom Bradley. Former Mayor Bradley contributed considerably to the cities of California both in his capacity as Mayor of Los Angeles and President of the League of California Cities in 1979 -80. RECOMMENDATION Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -076 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF ISSUING A POSTAL STAMP IN HONOR OF MAYOR TOM BRADLEY ". Attachment Resolution No. 2007 -076 RESOLUTION NO. 2007- 076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF ISSUING A POSTAL STAMP IN HONOR OF MAYOR TOM BRADLEY WHEREAS, Tom Bradley's record of public service to the citizens of Los Angeles, the State of California and the nation has left a legacy for many to follow; and WHEREAS, this record deserves the highest recognition from California and the nation; and WHEREAS, Tom Bradley attended the Los Angeles public school system and excelled both academically and athletically; and and WHEREAS, attended UCLA where he soon distinguished himself as a track star; WHEREAS, Tom Bradley joined the 'Los Angeles Police Department in 1940; and WHEREAS, he worked full time as a police officer while attending Southwestern University law school at night; and WHEREAS, he graduated from Southwestern University in 1956 and passed the California state bar examination; and WHEREAS, after 21 years of service, he retired from the Los Angeles Police Department with the rank of lieutenant; and WHEREAS, in 1963 he ran for the Los Angeles City Council and won his first term on the Council, where he would serve a total of 10 years; and WHEREAS, in 1973 Tom Bradley ran for mayor of Los Angeles and was elected the 37th Mayor of the largest city in California and one of the largest cities in the United States; and WHEREAS, Mayor Bradley's record focused on a wide range of interests and issues for the citizens of Los Angeles, including the attraction of business to the city, the establishment of policies that resulted in the dramatic resurgence of downtown Los Angeles as an economic center, changes in the city's harbor and airports that made these facilities successful business operations that enables Los Angeles to compete successfully in the world market; and WHEREAS, Tom Bradley's city colleagues from across the nation recognized his leadership qualities and elected him as President of the Nation League of Cities in 1974;and WHEREAS, Tom Bradley was elected President of the League of California Cities in 1979 -80; and Resolution No. 2007 -076 Page 2 WHEREAS, the record of Tom Bradley's public service is so exceptional that it is especially fitting that the legacy of this great Californian and American be marked by the issuance of a special commemorative stamp by the United States Postal Service in his honor. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. The Resolution will be immediately sent to the Citizens' Stamp Advisory Committee of the United States Postal Service expressing the City of Baldwin Park's support of the issuance of a commemorative postal stamp in honor of the late Mayor Tom Bradley. PASSED AND APPROVED this day of 2007. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, 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 day of 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK TO: Honorable Mayor and City Council Members Community Development Chair and Commission e s (U FROM: Vijay Singhal, Chief Executive Officer DATE: December 5, 2007 SUBJECT: Consideration to Re- Schedule Legislative Body Meeting of January 16, 2007 PI IRPOSF This report requests that.,the City Council and Community Development Commission approve the re- scheduling of their meetings of January 16, 2008. BACKGROUND /DISCUSSION At the meeting of November 28, 2007, a request was made for the Legislative bodies to approve canceling the meeting of January 16, 2008 and reschedule to Wednesday, January 9, 2008, due to a conference scheduling conflict. There were no objections. Staff will monitor and evaluate items requiring City Council action and if there are any pressing matters requiring council approval, Staff will communicate its request for a special meeting. RECOMMENDATION Staff recommends City Council and the Community Development Commission: 1) approve to cancel and reschedule the January 16, 2008 meeting to January 9, 2008 and direct the City Clerk to post the appropriate notices and arrange for public announcement of the change in meeting dates. Report prepared by Rosemary M. Gutierrez, Chief Deputy City Clerk :7.A1 . COMMISSION COMMUNITY DEVELOPMENT REGULAR MEETING DECEMBER 11 00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Anthony J. Bejarano - Member Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita at publico a dirigirse at 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 at 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. Community Development Commission Agenda — December 5, 2007 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Members: Anthony J. Bejarano, Marlen Garcia, Monica Garcia Ricardo Pacheco, and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na 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 y1d fijar asuntos Para 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. MINUTES Staff recommends Commission approve the minutes of the November 28, 2007 meeting (regular). 2. RESOLUTION APPROVING CHANGE IN GENERAL COUNSEL AND ASSISTANT GENERAL COUNSEL Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 439 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK MODIFYING THE DESIGNATION OF GENERAL COUNSEL AND ASSISTANT GENERAL COUNSEL". Community Development Commission Agenda — December 5, 2007 Page 2 3. CONCEPTUAL REVIEW FOR THE CONSTRUCTION OF THREE (3) NEW SINGLE - FAMILY RESIDENTIAL DWELLINGS WITHIN THE RG, RESIDENTIAL GARDEN ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA SUB AREA 2); CASE NO.: PR 07 -09R; LOCATION: 4213 BOGART AVENUE; APPLICANT: CALIFORNIA DREAM HOMES, LLC Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 440 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE CONSTRUCTION OF THREE (3) NEW SINGLE - FAMILY RESIDENTIAL DWELLINGS WITHIN THE RG, RESIDENTIAL GARDEN ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA SUB AREA 2); CASE NO.: PR 07 -09R; LOCATION: 4213 BOGART AVENUE; APPLICANT: CALIFORNIA DREAM HOMES, LLC ". 4. CONSIDERATION TO RE- SCHEDULE LEGISLATIVE BODY MEETING OF JANUARY 16, 2007 Staff recommends City Council and the Community Development Commission approve to cancel and reschedule the January 16, 2008 meeting to January 9, 2008 and direct the City Clerk to post the appropriate notices and arrange for public announcement of the change in meeting dates. ADJOURNMENT CERTIFICATION I Rosemary M. Gutierrez, Chief 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 29th day of November, 2007. Rosemary M. Gutierrez Chief 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 Baldwin Park City Hall, 14403 E. Pacific Avenue, 2nd Floor Lobby Area or at the Los Angeles County Public Library, 4181 Baldwin Park Blvd., 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 rutierrez @aldwinpark.com or Inieto baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — December 5, 2007 Page 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES DEC - 5 2007 WEDNESDAY, NMLNWgL-- 28, 2007 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco 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 Bejarano, Member Olivas, Member PachLt o, Vice Chair Garcia, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, Maria Contreras, City Treasurer, Susan Rubio, City Clerk, Laura Nieto, Deputy City Clerk. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Olivas. ii= TJ 11► toll* *1 Commission approved the minutes of the November 7, 2007 meeting (regular and special). 2. WARRANTS AND DEMANDS Commission received and filed the report. ADJOURNMENT Page 1 of 2 There being no other matters for discussion the meeting was adjourned at 8:21 p.m. Approved as presented by the Commission at their meeting held December 5, 2007. Laura M. Nieto Deputy City Clerk Page 2 of 2 M�A BALDWIN P , A , R, K i � F 1 Nil- �. COMMUNITY DEVELOPMENT COMMISSION STAFF REPORT TO: Honorable Chairman and Commissioners FROM: Vijay Singhal, Executive Directo DATE: December 5, 2007 SUBJECT: Resolution Approving Change in General Counsel and Assistant General Counsel PURPOSE The purpose of this item is to request approval of the Community Development Commission Board to a change in the persons designated as General Counsel and Assistant General Counsel for the Community Development Commission ( "CDC "). BACKGROUND /DISCUSSION In 2003 the Commission Board appointed Stephanie R. Scher as CDC General Counsel and Joseph W. Pannone as its Assistant General Counsel. Subsequently, Ms. Scher and Mr. Pannone moved to the law firm of Aleshire & Wynder ( "A &W "), and the Commission entered into a Contract Services Agreement with A &W ( "the Agreement ") pursuant to which they were designated in those positions. Ms. Scher has announced her intention to retire from the practice of law on December 31, 2007, necessitating a change in appointment. The Agreement provides that such changes can be made by resolution. The attached resolution appoints Mr. Pannone as General Counsel, and June S. Ailin as Assistant General Counsel. The Commission has worked with Ms. Ailin on various matters in the past. RECOMMENDATION Staff recommends that the Community Development Commission adopt Resolution No. 439 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK MODIFYING THE DESIGNATION OF GENERAL COUNSEL AND ASSISTANT GENERAL COUNSEL." ATTACHMENTS • Resolution No. 439 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK OF GENERAL AND ASSISTANT GENERAL WHEREAS, pursuant to that certain Contract Services Agreement for General Counsel Services (the "Agreement ") between the Community Development Commission of the City of Baldwin Park ( "CDC') and Aleshire & Wynder, LLP, the CDC Board appointed Stephanie R. Scher as General Counsel to the CDC, and Joseph W. Pannone as Assistant General Counsel; and WHEREAS, Stephanie R. Scher has announced her intention to retire from the practice of law on December 31, 2007, and the CDC Board desires to appoint her replacement; and WHEREAS, the Agreement states that the designated General Counsel and Assistant General Counsel may be established from time to time or modified by resolution of the CDC Board; NOW, THEREFORE, the Community Development Commission of the City of Baldwin Parks does hereby resolve as follows: SECTION 1. The CDC Board hereby appoints Joseph W. Pannone as General Counsel for the CDC. SECTION 2. The CDC Board hereby appoints June S. Ailin as Assistant General Counsel for the CDC. SECTION 3. The provisions of this Resolution shall become effective January 1, 2008. APPROVED AND ADOPTED this 5t" day of December, 2007. Resolution No. 439 Page 2 Ey"WIN 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 Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the day of 2007, by the following vote: i BALD IN P � A, R, K e DATE: Community Development Commission %4VIV11VIV1g1 1 I LA V B. Lv; 9' m.1,{ 9 COMMISSION AGENDA DEC - 2007 safflu Consent Calendar Honorable Chairman and Commission Board Members Marc Castagnola, Community Development Manager --k- December 5, 2007 91 SUBJECT: Conceptual review by the Community Development Commission for the construction of three (3) new single - family residential dwellings within the RG, Residential Garden Zone (Sierra Vista Redevelopment Project Area Sub Area 2) (Case No.: PR 07 -09R; Location: 4213 Bogart Avenue; Applicant: California Dream Homes, LLC). This item is before you for conceptual review only. If the Commission approves this project in concept, the applicant must still obtain all necessary City permits, approvals and /or entitlements, as they apply in proceeding with the project development. This report requests conceptual approval by the Community Development Commission to allow the construction of three (3) new single - family residential units located within the RG, Residential Garden Zone. This property is located within the Sub Area 2 of the Sierra Vista Redevelopment Project Area and the Redevelopment Plan requires that any new construction be reviewed and conceptually approved by the Community Development Commission prior to the issuance of any building permits. CEQA Staff has determined that this case is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15303(a) (Class 3 -New Construction or Conversion of Small Structures) of the CEQA Guidelines. No further analysis is required. SUBJECT PROPERTY The subject property is located on the northwest corner of Bogart Avenue and Palmrose Street. Overall, the site is rectangular in shape and contains approximately 11,200 square feet (.26 acres) of lot area. The General Plan land use designation of the subject property is Garden Multi - Family Residential and the property is consistently Conceptual Approval 4213 Bogart Ave. Page 2 of 2 zoned RG, Residential Garden. Currently, the property is developed with one (1) existing single - family residence. DISCUSSION The applicant, California Dream Homes, is requesting conceptual approval of a Plan Review /Design Review Application to allow the construction of three (3) detached single - family residential units each on their own respective lot. According to the plans submitted for Design Review, the existing single -story home facing Bogart Ave. will be modified to meet the minimum development standards. This includes the addition of a new 2 -car garage and the removal and relocation of the northern exterior wall to meet the minimum required open space of 16% of the overall lot size. This unit will contain 2 bedrooms, 2 bathrooms, living room, kitchen and dining area. Each of the two (2) new 2 -story units facing Palmrose St. will provide for 3 bedrooms, 3 bathrooms, living room, kitchen, dining room and an upstairs family room. Each of the homes exemplifies exceptional architectural design. Features include: decorative columns, stone veneers, smooth finish stucco, cornice lines, wood trellises, and decorative wrought iron railings. In preparation for the development, the applicant has submitted a tentative parcel map application to subdivide the lot into three (3) individual parcels. Parcel #1 (Hope), which is the lot that will contain the existing unit to be modified, contains 5085 square feet of lot area. Parcel #2 (Faith) contains 5011 square feet and Parcel #3 (Love) contains 5003 square feet. All parcels meet the minimum required lot size for a newly created lot within the RG, Residential Garden Zone. This property is located within Sub Area 2 of the Sierra Vista Redevelopment Project Area and is also included within the proposed 125 -acre downtown urban village boundary, which is the subject of an exclusive negotiation agreement between the Commission and Bisno Development Company ( "ENA "). The ENA specifically allows current property owners to pursue applications for development of their properties. Based on the Owners Affidavit submitted with the original Design Review application, the owners of California Dreamhomes, LLC (applicant) are Mr. Jesus Saenz and Dr. Arturo Alvarado. Staff has had direct communication with the owners to inform them of the downtown redevelopment project and they have directly acknowledged that they have been aware of the pending redevelopment. The Design Review Committee has tentatively approved the project pending conceptual approval by the Community Development Commission. Conceptual Approval 4213 Bogart Ave. Page 3 of 3 RECOMMENDATION Staff recommends that the Community Development Commission adopt Resolution Number 440 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE CONSTRUCTION OF THREE (3) NEW SINGLE- FAMILY RESIDENTIAL DWELLINGS WITHIN THE RG, RESIDENTIAL GARDEN ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA SUB AREA 2) (CASE NO.: PR 07 -09R; LOCATION: 4213 BOGART AVENUE; APPLICANT: CALIFORNIA DREAM HOMES, LLC). FINDINGS OF FACT 1) The proposed improvements are compatible with the standards and other requirements set forth in the Sierra Vista Redevelopment Plan and the design proposed by the Agency in that the project proposal was reviewed in accordance with several documents including: The Sierra Vista Redevelopment Plan, the Sierra Vista Design Guidelines, and the Municipal Code.; and 2) The proposed improvements do not require modifications in order to meet the requirements of the Sierra Vista Redevelopment Plan or the Sierra Vista Redevelopment Project Area Design Guidelines; and 3) The Applicant has not entered into any agreements with the City or Community Development Commission regarding the project proposal. ATTACHMENTS #1 - Resolution No. 440 #2 - Vicinity Map #3 - Site Plan, Floor Plans and Elevations Report Prepared by: Salvador Lopez Jr., Associate Planner —k#— ATTACHMENT #1 RESOLUTION NO. 440 RESOLUTION NO. 440 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE CONSTRUCTION OF THREE (3) NEW SINGLE - FAMILY RESIDENTIAL DWELLINGS WITHIN THE RG, RESIDENTIAL GARDEN ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA SUB AREA 2) (CASE NO.: PR 07 -09R; LOCATION: 4213 BOGART AVENUE; APPLICANT: CALIFORNIA DREAM HOMES, LLC). 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) That an application for Design Review for the construction of three (3) new single - family residential dwellings (the "Application ") was submitted on behalf of the owners of certain real property, located at 4213 Bogart Avenue in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division (the "Property "); and (b) That the proposed improvements are compatible with the standards and other requirements set forth in the Sierra Vista Redevelopment Plan in that the project proposal was reviewed and found to be consistent with several documents including the Sierra Vista Redevelopment Plan, the Sierra Vista Design Guidelines, and the Baldwin Park Municipal Code; and (c) That the proposed improvements do not require modifications in order to meet the requirements of the Sierra Vista Redevelopment Plan or the Sierra Vista Redevelopment Project Area Design Guidelines; and (d) That the Applicant has not entered into any agreements with the City or Community Development Commission regarding the project proposal. SECTION 2. Based upon the evidence presented, including applicable staff reports and each member of the Commission being familiar with the Property, and upon the findings set forth in Section 1, above, the Commission hereby conceptually approves the Application. SECTION 3. This conceptual approval shall not constitute approval by the Community Development Commission of any funding of or monetary participation in this project, nor shall it be deemed to be a waiver by the Community Development Commission of any right or power, which is otherwise available to the Commission. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Community Development Commission and the Applicant. PASSED AND APPROVED this 5th day of December 2007. 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 No. 440 was duly and regularly approved and adopted by the Community Development Commission of the City of Baldwin Park at a regular meeting thereof, held on December 5, 2007 by the following vote: AYES: MEMBER: NOES: MEMBER: ABSENT: MEMBER: ABSTAIN: MEMBER: ROSEMARY GUTIERREZ, CMC CHIEF DEPUTY CITY CLERK ATTACHMENT #2 VICINITY MAP 's Subject Property PLANNING & Vicinity Map �I�/ISION Conceptual Approval N I, CASE NO.: PR 07 -09R ADDRESS: 4213 Bogart Avenue DATE: December 5, 2007 Not to Scale ATTACHMENT #3 SITE PLAN, FLOOR PLANS AND ELEVATIONS ow -) ry r w of o m v C7 MENIFIM-1 C _n Z —G D O O O �P m- O n oo1. 0 m, r =i Ow W c Two m m Y 7m,7 D C bo Q m f2 w W _pw CA T m M r O G zrnn 77 can m o Z G1 O D�D 11 m O II V A m m m Q w O w T T CA T T 0 G 0 S O = O M-{ m m m o -C C n M m m T r z Z C = M m m Ft. _ 41 . 1 � Wo x m Z r O O � � � .T ti m C _n Z —G D b m m cn D A �T ox mr 3 c o g °m_ ay _ m w EvTt- C � � m a �. °o o °a o r'r o c3 r r = > (JOt�B II < .D N eCi Q II T p0 � cl QQ� 0 0 o m m r so ma161 O O O C O � W D go Vvrn n wTw Cn N ' 9a d of 4 61w w ITT O II q w o ° awi ul U m 11 w nd Tm NOS• T ps V T O N wNl ^' v N OOmJ � rn n T T O Z y o Q ro o d T - C) m m ri2 092 am C mr 00 ° c c, m a 2,9 spy w a+ 40 m O C-i w !T O ,C+ Fl O ji w L�Jy� OII IOo I O co T QI y T T II T A D T II N r O co M M M i M v �D �z 60GAR T STREET BHEE71TfLE PREPAREDBY: SITE PLAN ALTURAS ENGINEERING & ASSOCIATES Develops,-. �y 4r a LANDSURJEYING'crvI ENCwEERwc• FNOPANnING•ARCHI EOTURE CALIFORNIA DREAM HOMES 1 PROJECTTIP.E VOS. SUNSET, SURE 2D6, WESTCOVWA C 91790 3- UNIT - SINGLE FAMILY DWELLINGS TEI,. ez0.614.z920 FAXMS14.9097 E -M IL :A reepin[¢'led,cem ` 9 z CRESS 4313bo lA —uo,Cp MB.k hPe*CA917M APNOMW20M OWNER O O O �P m- O n oo1. 0 m, r =i Ow W c Two T w m Y 7m,7 D C bo Z m f2 w W _pw CA T m O r O G zrnn 77 can m o Z G1 O D�D 11 m O II V A m m m Q w O w T T CA T T b m m cn D A �T ox mr 3 c o g °m_ ay _ m w EvTt- C � � m a �. °o o °a o r'r o c3 r r = > (JOt�B II < .D N eCi Q II T p0 � cl QQ� 0 0 o m m r so ma161 O O O C O � W D go Vvrn n wTw Cn N ' 9a d of 4 61w w ITT O II q w o ° awi ul U m 11 w nd Tm NOS• T ps V T O N wNl ^' v N OOmJ � rn n T T O Z y o Q ro o d T - C) m m ri2 092 am C mr 00 ° c c, m a 2,9 spy w a+ 40 m O C-i w !T O ,C+ Fl O ji w L�Jy� OII IOo I O co T QI y T T II T A D T II N r O co M M M i M v �D �z 60GAR T STREET BHEE71TfLE PREPAREDBY: SITE PLAN ALTURAS ENGINEERING & ASSOCIATES Develops,-. �y 4r a LANDSURJEYING'crvI ENCwEERwc• FNOPANnING•ARCHI EOTURE CALIFORNIA DREAM HOMES 1 PROJECTTIP.E VOS. SUNSET, SURE 2D6, WESTCOVWA C 91790 3- UNIT - SINGLE FAMILY DWELLINGS TEI,. ez0.614.z920 FAXMS14.9097 E -M IL :A reepin[¢'led,cem ` 9 z CRESS 4313bo lA —uo,Cp MB.k hPe*CA917M APNOMW20M OWNER :z 0 0 m m cf) m n ---i cn rn m r- m 0 z m c) 0 0 m r- m < 7t Z f SOU FH & WEST ELEVATIONS: MODEL LOVE DEVELOPER: ALTURAS ENGINEERING & ASSOCIATES 3 -UNIT SINGLE FAMILY DWELLINGS LAND SURVEYING' CIVIL ENGINEERING - L D PI-ANNING - ARCHITECTURE CALIFORNIA DREAMHOMES W S. SUNSETAVE. STE 2134, WEST COVINA, CA 91790 ADDRESS PH 626SI4.2620 F X626.aH4.9097 E-MAIL h,,mpicQ- I; T VN#I!155R)�R CALIFORNIA DREAMHOMES SUBMITTED BY 6neel title P PREPARED BY: f - -------- - - - - -- I '£a r y r UT t �I A ; C7 4 3a': } ft"I m �E m AA 7 p \ I 1 iG 1 \\ M > cn l r, .err. m t&T��'W yy \ \\ °( 4 Y 4 A, r, t, CS�fi a� Fn Sheel iltie PREPARED BY:...._ NORTH & EAST ELEVATIONS' MODEL LOVE nda DEVELOPER: ' s — — - - °— ALTURAS ENGINEERING E: ASSOCIATES 3- UNIT SINGLE FAMILY DWELINGS^ h+ osuavEYlrvc• cn aENCINEeRINC •unoP�AnnINC•ARCHRecTUa =_ CALIFORNIADREAMHOMES y R g r WS. SUNSET AVE. STE 204, WEST COVINA. CA917W gr ADDRESS 4219Beg.IA —.0 dBWd —ftkCA APNMB556020026 PH.626.814.2620 FAX 626.814.909! 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SUNSEf,SUfFEm,, WEST COYRACA917W _ -P N PBwEcTTTE 3- UNIT - SINGLE FAMILY DWELLINGS TEL 626.8142829 FAX626.81l895] Etiv anre IoM N N� 42136o9artA•enue, Ciryof BeWVfr�eh, CA 81]46 APN9055602W20 Ia BALDWIN P - A - R - K TO: FROM: DATE: SUBJECT: .� CITY OF BALDWIN PARK GOMMUNI I Y UtVC1.,kJr' fv'L- ' COMMISSION AGENDA STAFF REPORT Honorable Mayor and City Council Members Community Development Chair and Commission bers 0 Vijay Singhal, Chief Executive Officer December 5, 2007 Consideration to Re- Schedule Legislative Body Meeting of January 16, 2007 This report requests that the City Council" and ryCommunity Development Commission approve the re- scheduling of their meetings of January 16, 2008. BACKGROUND /DISCUSSION At the meeting of November 28, 2007, a request was made for the Legislative bodies to approve canceling the meeting of January 16, 2008 and reschedule to Wednesday, January 9, 2008, due to a conference scheduling conflict. There were no objections. Staff will monitor and evaluate items requiring City Council action and if there are any pressing matters requiring council approval, Staff will communicate its request for a special meeting. RECOMMENDATION Staff recommends City Council and the Community Development Commission: 1) approve to cancel and reschedule the January 16, 2008 meeting to January 9, 2008 and direct the City Clerk to post the appropriate notices and arrange for public announcement of the change in meeting dates. Report prepared by Rosemary M. Gutierrez, Chief Deputy City Clerk