HomeMy WebLinkAbout2013 03 20NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, MARCH 20, 2013 at 5:30 PM at City Hall — 3rd Floor Conference Room 307,
14403 East Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance wi
the attached Agenda. I
NO OT HER BUSINESS W I L L BE Um I S) %CUSSEDU
Dated: March 14, 2013 /V
Manuel Lozano
Mayor
1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as
required by law on March 14, 2013.
A41
41"
Alejandra Avila
City Clerk
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CITY HALL — 3"dFloor, Conference Room 307
14403
A L D WIN PA RK, F •
.. . 960-4011
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR sus TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish- speaking
interpreter is available for your convenience.
COMENTAR/OS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
Para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que este bajo su jurisdiccion.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podra hacerlo durante el
periodo de Comentarios del Pdblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por tres (3) min utos. Hay
un interprete para su conveniencia.
P p
RY I
Manuel Lozano -
Mayor
Monica Garcia -
Mayor Pro Tern
Marten Garcia -
Councilmember
Ricardo Pacheco -
Councilmember
Susan Rubio -
Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR sus TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish- speaking
interpreter is available for your convenience.
COMENTAR/OS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
Para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que este bajo su jurisdiccion.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podra hacerlo durante el
periodo de Comentarios del Pdblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por tres (3) min utos. Hay
un interprete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 5:30 P.M.
ROLL CALL: Council Members: Marlen Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Monica Garcia
and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE -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 f vest� i g Y a n or schedule matters for consideration at a future meeting. [Government Code §549154.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL iNTERPRETE
No se podra tomar acci6n en algiin asunto a menos que sea incluido en la agenda, o a menos que exista algbna
emergencia o circuristancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
IV
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Properties: 8554-001-900, 14403 E. Pacific Avenue;
8554-001-901, 14426 Ramona Blvd;
8554-001-904, N/A;
554-001-907, N/A;
Commission Negotiators: Vijay Singhal & Joseph Pannone
Negotiating Parties: ROEM Development Corporation
Under Negotiation: Price and terms of payment
Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706
Agency Negotiators: Vijay Singhal & Joseph Pannone
Negotiating Parties: Doug Corcoran, Waste Management
Under Negotiation: Price and terms of payment
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential Employees;
Confidential Management and the Baldwin Park Police
Officer's Association; Un-represented employees; and part-
time employees.
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Case: Adams, et al v. City of Baldwin Park, et al, CV1 2-00512 and
Case: BS 140802 BPPA v. City of Baldwin Park
5. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9.
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board
not less than 24 hours prior to the meeting on March 14, 2013
4',
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, Zd Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 813-5204 or e-mail rcaballero@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
' A
=[ell1l] ILA :1 ivi 121 :10 1 L1 INN
March i 2013
7:00 PM
COUNCIL 14403 E. Pacific Avenue
1,aldwin Park, CA 91706
960-4011
BALDWIN
Manuel Lozano
- Mayor
Monica Garcia
- Mayor Pro Tem
Marlen Garcia
- Council Member
Ricardo Pacheco
- Council Member
Susan Rubio
- Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que este bajo su jurisdiccidn. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
'?r n 11, f it' . publ .T to a ` �.k?..pi.����'. a "' an io.' 0 ; "'en s s sic of "'I he M ..
'V ° N �, ?.tf, ,. 'f C_ - 72 1,
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14493 i ! .,t,, t .fir i�'ii C,, r,..w,. „3,t ,s t..,F �t 6.dr :k ,.7
7,1310
CITY COUNCIL
REGULAR MEETING — 7:00 PM
Council Members: Mal-len Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Monica Garcia
and Mayor Manuel Lozano
This is to announce, as required by Government Code section 54954.3, members of the City
I L
Council are also members of the Board of Directors of the Community Development
Commission, Housing Authority and Finance Authority, which are concurrently convening with
the City Council this evening and each Council Member is paid an additional stipend of $75 for
attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for
attending the Finance Authority meeting. (NO STIPEND IS PAID IF MEETING IS
CANCELLED)
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Certificate recognition to Winners of Adult Education Week
• Proclamation proclaiming Adult Education Week
Presentation from MRP Mortgage Resolution Partners on Saving Homes, Saving Cities,
Solving the Mortgage Crisis Locally
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE 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 REOUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algana
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos Para tomar en
consideraci6n en juntas proximal. [Codigo de Gobiemo §54954.2]
City Council Agenda — March 20, 2013 Page 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. CONSIDERATION OF APPOINTMENTS TO FILL STUDENT COMMISSION VACANCIES
FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION
Staff recommends City Council review the student commission applications and school
recommendation to: 1) Approve Resolution No. 2013 — 004; and 2) Appoint Commission
Offices subject to satisfactory background checks through the Department of Justice.
•' • 1 1' . • ! f • .
mil 42-11 of-All I Lei 104 Wel 114:01 . • MIA .11 140 4
3. RESOLUTION 2013 -007 INITIATING THE PROCEEDINGS AND ORDERING
PREPARATION OF THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2013 -2014
Staff recommends that the City Council waive further reading, read by title only, and adopt
Resolution No. 2013 -007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CIT
OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE
PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT
FOR THE 2013 -14 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN
PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS
AND HIGHWAYS CODE."
COUNCIL 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1357: "AN ORDINANCE OF
THE CITY OF OF r PARK MUNICIPAL •D
PERTAINING TO CONSTRUCTION DEMOLITION
DIVERSION DE-•
It is recommended the City Council conduct a second reading by title only and adopt
ORDINANCE NO. 1357, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL
CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS
MANAGEMENT DIVERSION DEPOSITS."
5. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
6. TREASURER'S REPORT: JANUARY 2013
Staff recommends that the City Council receive and file the January 2013 Treasurer's
Report.
City Council Agenda — March 20, 2013
Page 3
7. RESALE OF THE NEIGHBORHOOD STABILIZATION PROGRAM LOCATED AT 4853
AZUSA CANYON ROAD
Staff recommends the City Council to: 1) Approve the household selected and qualified to
purchase NSP properties, and; 2) Authorize staff to process the purchase agreement as
prepared by the City Attorney for the Neighborhood Stabilization Program (NSP) property
located at 4853 Azusa Canyon Road.
DEVELOPMENT COMMISSION
REPORTS OF OFFICERS
CITY COUNCIL I CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the
following:
• Direct staff to prepare a letter of supports for AB 1359 (Hernandez) Community Health:
Access to Park & Recreational Space and present to Council at the next meeting.
• Close on behalf of former Senior Queen Judy Chow — Funeral Services TBA.
City Council Agenda — March 20, 2013
Page 4
O OUN, _0►1►�il:I�it
aqm *1►4
I, Alejandra Avila, 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 14th day of March 2013.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at (626) 813 -5204 or via e -mail at rcaballero @baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — March 20, 2013
The p1 IrpncO of this roper$ ec t r� ; ,pq+ +%o City f--. ennil +ss pp f fe dent applicants to
UI vav I Iv l/I` la C3 c �ICa` U c vit VliUIILII LV a vine. JCUI..IrlIC a Iil�Cal L w
the City's Commission offices for the Student Commission vacancies in the Recreation and
Community Services Commission.
17_Til &I �Ms
The Recreation and Community Services Commission consists of eight members who shall
be designated as Commission Office Nos. 1 through 8. Three members shall be
designated to Commissioners Office Nos. 6, 7 and 8 respectively. These appointments
shall be over the age of 16 years, and less than 19 years of age during their term. One (1)
member shall be a student at Baldwin Park High School, the other member shall be a
student at Sierra Vista High School, and one member shall be a student at North Park High
School at the time of their respective appointments. The Recreation and Community
Services Commission currently has three (3) vacancies for student commissioners from
Baldwin Park High School, Sierra Vista High School and North Park High School.
wF'%i1I+'`�C�7TI
Working closely with the principles at each high school, the Department received a letter of
recommendation for an outstanding and active student to get involved as a Student
Commissioner for the Department of Recreation and Community Services. The names of
the recommended students have been listed below:
Baldwin Park High School Kimberly Lau
Sierra Vista High School Ruth Viveros
North Park High School Yesenia Tellez
These students are deemed to be actively engaged youth from the community and prime
candidates for a role as a Student Commissioner. Each student has been recommended
by the principal at their high school.
•
196IMA MB
There is no fiscal impact for the appointment of three (3) student commissioners. All
positions in the Recreation and Community Services Commission are currently included in
the Fiscal Year 2012-2013 budget.
Staff recommends City Council review the student commission applications and school
recommendation to:
A LI L -ground checks through
2 ppoint Commission Offices subject to satisfacto, y back U
the Department of Justice.
Attachments: A) Resolution No. 2013 — 004
B) Student Commission Applications
1 l
WHEREAS, the Recreation and Community Services Commission consists of
eight members and members of Office Nos. 1 through 5 are appointed to a two -year
term and members of Office Nos. 6 through 8 (Student Commissioners) are appointed
to a one -year term; and
vYHEREAS, vacancies currently exist in Offices No. 6, No. 7 and o, and
WHEREAS, a public Notice of Vacancy was posted for a minimum of 60 -days at
three locations within the city, which include the three respective high schools; and
WHEREAS, the City Council desires to fill the vacancies of Office No. 6, No. 7
and No. 8; and
WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52,
appointments to Office No. 6, No. 7 and No. 8 are made and entered onto this
resolution for a term expiring June 30, 2013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. That the following are appointed as members of the Housing
Commission and shall hold office at the pleasure of the City Council and serve for the
term as follows:
Office 6 — Ruth Viveros
Office 7 — Kimberly Lau
Office 8 — Yesenia Tellez
for the term expiring June 30, 2013
Sierra Vista High School Student
for the term expiring June 30, 2013
Baldwin Park High School Student
for the term expiring June 30, 2013
North Park High School Student
Section 2. That the City Clerk shall certify to the adoption of this Resolution and
forward a copy of this Resolution to Commission appointees and a copy to the
Commission secretary.
MANUELLOZANO
MAYOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing resolution was duly and regularly approved and adopted by the City Council
of the City of Baldwin Park at a regular meeting of the City Council March 20, 2013 by the
following vote:
AYES: COUNCILMEMBERS:
NOES.- COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALEJANDRA AVILA
CITY CLERK
PLEASE ATTACH A
CURRENT COPY OF
A UTILITY BILL AND
A COPY OF YOUR
PHOTO ID
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate application is required for each commission)
PERSONAL INFORMATION:
Name l<jn,)txr1V LlCkL4
Residence Address -,'1132 L� I-,)! Cci /\V CnvLA-e i4pil, A, l '30jdwvlr-' PCH-_"
Length of time at this Address: V7Ve-Or 7 E-mail address:
Home Phone No. (G 2 L) � b 3 - 01 s t 5 Cell/Message Phone No. (62G) 7 3(:, - ci O
Are you 18 years of age or older? T) 0 Are you registered to vote in the City of Baldwin Park? r_10
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? no
If yes, name of agency and position:
EDUCATION:
-1 A
Cirlde Highest grade you completed: IF 6 7 8 1 1G High l-'c"001 '—"-raduate? in
Name and Location of College or University
Course of Study
Degree
,\�V /- r
EMPLOYMENT INFORMATION / EXPERIENCE:
Name and Address of Employer(s)
Position Title
Dates of Employment
� /A
REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Name :
Addmss
Phone No.
(I ,
�;
-ca
a z
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? nc)
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
ACKNOWLEDGEMENT/CERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
C1 n �_i Ct r-F Ci , 201 3
Date Signature
UO Not vvnte t3eiow thIS Line -j-or Uity Use uny
Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
Residency verification: ❑ Yes ❑ No Date: Term expires:
Residence Address-]
W
�Vl
Length of time at this Address: I", k
E-mail address:
(Z�' (
Home Phone No,
t Cell/Message Phone No.
Are you 18 years of age or older? IK14 i i Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for anv board and/or agency within the City of Baldwin Park?
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 �IJQ 11 12 High School Graduate? G.E.D.?
EMPLOYMENT INFORMATION / EXPERIENCE:
REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
t-none
TENT-7 -16-e-c'
IMPO NT: Read the foll6wing carefully aan'swer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
verification: ❑ Yes ❑ No Date: Term expires:
ACKNOWLEDGEMENT /CERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
i
is trup-and
"7e
"'
0 L-E-11
Date
Signature
Residency verification:
❑ Yes ❑ No Date:
Voter Registration Verification: ❑ Yes ❑ No
Residency verification:
F-1 Yes ❑ No Date:
Appointment date:
verification: ❑ Yes ❑ No Date: Term expires:
Length of time at this. Address: E-mail address:m -en
Home Phone No. �0 2--7 Q t4q LO Cell/Message Phone No. C1
Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?
|f yes, name of agency and pusition:
EDUCATION:
Circ|*H�hnn�0md�youoomp|e�d� 1 2�450709 1O 11(s�/M�h8ohouGmdua�? O£D.?________
EMPLOYMENT INFORMATION /EXPERIENCE:
7
REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Name
Address
Phone No.
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar 0oappointment. Each ca§e is
considered on its individual merits. � /�
HAVE YOU EVER BEEN COmmCTEDQFA FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC V|OLAT0NY /*{�
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
I understand that upon filing, this application becomes a public record. I certify
under penayy of perjury under the laws of the Ptatepf California that the foregoing
r-7 is true n Porrect.
Ipbc
Date signJiure
Do Not Write Below this Lin6 For Clty'Use Only
Residency verification: El Yes El No Date: Voter Registration Verification: D Yes El No
Residency verification: El Yes El No Date: Appointment date:
Residency verification: El Yes El No Date: Term expires:
P A - R, K
•' Honorable Mayor and Members of t
FROM: Daniel Wall, Director of Public Works
'�i►` lJA _ ` '
This report requests that the City Council adopt the attached resolution, authorizing the
initiation of the FY 2013 -14 Parks Maintenance Assessment District (PMAD) and
ordering the preparation of the Engineer's Report.
BAC&GRGIAD
The City has an annual program for the maintenance of City parks. The financial
support for this program is provided through the PMAD. The PMAD, formed in FY 1996-
1997, was established in conformance with Proposition 218. The adoption of a
resolution is required to initiate the annual proceedings and order the preparation of the
Engineer's Report.
DISCUSSION
Pursuant to the State of California Streets and Highways Code, the City of Baldwin Park
must take the following steps to establish the annual levy for the PMAD:
1. The City Council orders the preparation and filing of the Engineer's Report.
2. After receiving the Engineer's Report, the City Council adopts a resolution of intent
to levy and collect assessments, and sets a date for a public hearing.
3. The City Council conducts a public hearing and adopts a resolution confirming the
assessments either as originally proposed or in its modified state.
Resolution 2013 -006 Ordering the PMD Engineer's Report Page 2 of 2
March 20, 2013
Last year, Community Economic Solutions prepared both the PMAD and the
Landscaping and Lighting Assessment District reports for a total fee of $7,800. This
company specializes in financial services and they have the expertise, training, and
background to provide assessment engineering services. The firm has general liability
insurance and is able to prepare the FY 2013 -14 Engineer's Report, attend public
hearings, and submit the assessment roll to the Los Angeles County Auditor -
Controller's Office for a fee of $ 7,800.
1961MA B16
The Park Maintenance Assessment District assessment for FY 2013 -2014 is estimated
to be $636,000. The Engineer's Report will provide a detailed fiscal analysis including
any anticiDated subsidy from the General Fund.
Staff recommends that the City Council waive further reading, read by title only, and
adopt Resolution No. 2013 -006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF
THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S
REPORT FOR THE FY 2013 -14 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY
OF BALDWIN PARK PARKS MAINTENANCE DISTRICT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS
AND HIGHWAYS CODE."
ATTACHMENT
Resolution No. 2013 -006
F—A U M1T1
RESOLUTION NO. 2013 -006
- City Council of - City of r Park has previously f• -•
Parks - - (hereinafter referred to as the to the terms
and provisions of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the
Streets and Highways Code of the State of California; and
WHEREAS, at this time, this City Council desires to conduct proceedings to
provide for the annual levy of assessments for the next ensuing fiscal year, to provide
for the costs and expenses necessary for continual maintenance of improvements
within said District; and
WHEREAS, the provisions of said Division 15, Part 2, require a written report in
accordance with Chapter 3 (commencing with Section 22620).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true, correct, and are hereby
incorporated herein.
SECTION 2. The Director of Public Works is hereby ordered to prepare and file
with the City Council a report relating to the FY 2013 -14 levy of annual assessments for
said District in accordance with the Provisions of Chapter 3 (commencing with Section
22620) of Division 15, Part 2 of the State of California Streets and Highways Code.
SECTION 3. Upon completion, said Report shall be filed with the City Clerk who
shall then submit the same to this City Council for its consideration pursuant to Section
22623 of said Streets and Highways Code.
Resolution 2013-006
Page 2
M11 � IT ILI 0 A
Al
15TAMMI
STATE OF CALIFORNIA
COUNTY • LOS ANGELES SS:
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2013-006 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on March 20, 2013 and that the same
was adopted by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ALEJANDRA AVILA
CITY CLERK
T: Honorable Mayor and Members of the City Council
FROM: Daniel Wall, Director of Public orks � - r A(
DATE: March 20, 2013
RESOLUTION 2013-E PROCEEDINGS
ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE
CITYWIDE f LIGHTING MAINTENANCE
DISTRICT ASSESSMENT O_ FY 2013-14
This report requests that the City Council adopt the attached resolution authorizing the
initiation of the FY 2013 -14 Citywide Landscaping and Lighting Maintenance
Assessment District (LLMD) and order the preparation of the Engineer's Report.
jagengej
-�
The City has an annual program for the maintenance of landscaping and lighting
improvements, as well as open space improvements, including the maintenance and
operation of traffic signals, street lights, median landscaping, and street trees. For the
past 21 years this program has been funded through the annual special assessments of
the LLMD. The adoption of a resolution is required to initiate the proceedings and order
the preparation of an Engineer's Report.
17K14JR13 I
Each year, the City Council re- establishes the Landscaping and Lighting Maintenance
Assessment District (LLMD) with the purpose of establishing the legal mechanism to
collect assessments to cover the related expenditures. The costs are distributed by
equitably assessing properties in accordance with special benefits received from the
improvements. Such revenues are used to cover the cost of maintenance and
operation of the landscaping and lighting system within the LLMD.
Resolution 2013 -007 Ordering the LLMD Engineer's Report Page 2 of 3
March 20, 2013
The first step in completing the annual assessment district is ordering the preparation of
an Engineer's Report, and this first step is the action herein recommended. The
Engineer's Report contains the engineering study, the details of the assessments and
its legal justification, and the assessment methodologies, all of which are ultimately
required in order to submit the assessments to the Los Angeles County Assessors
Office.
Pursuant to the State of California Streets and Highways Code, the City must take the
following steps to establish the annual levy for the Citywide Landscaping and Lighting
Maintenance District.
1. The City Council orders the preparation and filing of the Engineer's Report.
2. After receiving the Engineer's Report, the City Council adopts a resolution of
intent to levy and collect assessments, and sets a date for a public hearing.
3. The City Council conducts a public hearing and adopts a resolution confirming
the diagram and assessments, either as originally proposed or in its modified
state.
Over the last 21 years, the Engineer's Report has been prepared adhering to the
procedures established in the 1972 Landscaping and Lighting Act, which the City has
continued to use through FY 2013 -14. As in the previous years, the City must follow
the same procedures such as preparation of an Engineer's Report and a public hearing
in order to proceed with levying assessments.
As a result of Proposition 218, which was passed in 1997, new or increased
assessments, or existing assessments not used exclusively to fund capital costs or
O &M, may not be imposed. Over the last 14 years, the City Council has supported
staff's recommendation to rely on an exemption in Prop 218 which allows the renewal
of these LLMD assessments so long as the rates are not changed. If the assessment
rates are desired to be changed, then the balloting requirements under that proposition
must be fulfilled.
Last year Community Economic Solutions prepared both the LLMD and the Park
Maintenance Assessment District reports for a total fee of $7,800. This company
specializes in financial services and they have the expertise, training, and background
to provide assessment engineering services. The firm has general liability insurance
and is able to prepare the FY 2013 -14 Engineer's Report, attend public hearings, and
submit the assessment roll to the Los Angeles County Auditor - Controller's Office for a
fee of $ 7,800.
Resolution 2013-007 Ordering the LLMD Engineer's Report Page 3 of 3
March 20, 2013
The Engineer's Report will include more refined details of anticipated revenues and
costs. The Budget for FY 2013-14 anticipates revenues for Fund 251 — Street Light
and Landscape of $1,750,000 including LLMD assessments estimated at $910,000,
Ad-Valorem revenue estimated at $770,000, and earnings from late taxes and penalties
estimated at $70,000. The cost to operate and maintain the landscaping and lighting
improvements is planned to be in balance with the revenue. The revenues and cost for
the upcoming year will be very similar to last year's LLMD and budget.
Staff recommends that the City Council waive further reading, read by title only, and
adopt Resolution No. 2013-007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF
THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S
REPORT FOR THE FY 2013-14 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY
OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF
CALIFORNIA STREETS AND HIGHWAYS CODE."
Resolution No. 2013-007
Eu'i'iT�iT1i
RESOLUTION NO. 2013 -007
WHEREAS, the City Council the City of - • Park has previously formed
Landscaping and Lighting Maintenance District (hereinafter referred to as the District)
#ursuant to the terms and provisions of - "Landscaping and Lighting Act of •
Streets - an -
WHEREAS, at this time, this City Council desires to conduct proceedings to
provide for the annual levy of assessments for the next ensuing fiscal year, to provide
for the costs and expenses necessary for continual maintenance of improvements
within said District; and
WHEREAS, the provisions of said Division 15, Part 2, require a written report in
accordance with Chapter 3 (commencing with Section 22620).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true, correct, and are hereby
incorporated herein.
SECTION 2. The Director of Public Works is hereby ordered to prepare and file
with the City Council a report relating to the FY 2013 -14 levy of annual assessments for
said District in accordance with the Provisions of Chapter 3 (commencing with Section
22620) of Division 15, Part 2 of the State of California Streets and Highways Code.
SECTION 3. Upon completion, said Report shall be filed with the City Clerk who
shall then submit the same to this City Council for its consideration pursuant to Section
22623 of said Streets and Highways Code.
Resolution 2013-007
Page 2
PASSED, APPROVED, AND ADOPTED this 20th day of March 2013.
N
MA Me] N
11 A
STATEODF UMLIFORIIIA
COUNTY
• LOS ANGELES SS-
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2013-007 was duly March 20, 2013 and that the same was
adopted by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
AL EJAN D RA AVI LA
CITY CLERK
TO: • r • •; and Members of •
FROM: Daniel Wall, Director of Public
DATE: 1, 2013
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE No. 1357: "AN
ORDINANCE i OF
PARK AMENDING SECTION OF
MUNICIPAL CODE PERTAINING • • AND
f DIVERSION
=
To introduce for second reading and adoption Ordinance No. 1357 revising section 53.11
of the Baldwin Park Municipal Code (BPMC) relating to Construction and Demolition
Materials Management.
At its meeting on March 6, 2013, the City Council introduced Ordinance No. 1357 for a first
reading. For the ordinance to become effective, it must be adopted upon its second
reading. If adopted, the ordinance will take effect thirty (30) days from the date of adoption.
It is recommended the City Council conduct a second reading by title only and adopt
ORDINANCE NO. 1357, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL
CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS
MANAGEMENT DIVERSION DEPOSITS ".
Attachment:
1) ORDINANCE NO. 1357, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL
CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS
MANAGEMENT DIVERSION DEPOSITS ".
C • ��� l iii L � � ` C • � �l
• • • •
• - r • r
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
#RDAIN AS •,
SECTION!. Section 53.11 of the Baldwin Park Municipal Code is hereby
2mended, in its entirety, to read as follows:
Except as set forth in subsection (C) below, each applicant for a permit for a
covered project shall submit, along with the C &DMMP, a diversion security
deposit in accordance with the following:
(A) For a covered project with a valuation of $10,000 to $200,000, the amount
of the diversion security deposit shall be equal to 1/2% of the total project
valuation, but not less than $250.
(B) For a covered project with a valuation of greater than $200,000, the
amount of the diversion security deposit shall be equal to 3% of the total project
valuation.
(C) For city projects, no deposit shall be required, but the contractor must
show evidence of compliance and adherence to the C &DMMP prior to receiving
payment of the final retention amount for the project.
SECTION 2. This ordinance shall go into affect and be in full force and operation from
and after thirty (30) days after its final reading and adoption.
Manuel Lozano, Mayor
. 2013.
FA
.10144�jf
STATE OF CALIFORNIA
COUNTY • LOS ANGELES ss.
CITY
• BALDWIN PARK
1, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City
Council held • 2013, and was adopted • the City Council at
its regular meeting held • 2013, • the following vote •
the Council:
ABSENT: COUNCILMEMBERS:
Alejandra Avila
City Clerk
f , :A,...
® CITY F BALDWIN PARK STA PORT
4 ITEM NO.
BALDWIN
n.e.A.0
.O.
The purpose of this report is for the City Council to ratify the payment of Warrants and
Demands against the City of Baldwin Park.
BACKGROUND AND DISCUSSION:
The attached Claims and Demands report format meets the required information in
accordance with the Government Code. Staff reviews requests for expenditures for
budgetary approval and for authorization from the department head or its designee. The
report provides information on payments released since the previous City Council meeting;
the following is a summary of the payments released:
1. The payroll of the City of Baldwin Park consisting of check numbers 195272 —
195299. Additionally, Automatic Clearing House (ACH) Payroll deposits were made
on behalf of City Employees from control numbers 227234 — 227488 for the period
of February 03, 2013 through February 16, 2013 inclusive; these are presented and
hereby ratified, in the amount of $367,100.49.
2. General Warrants, including check numbers 194308 to194534 inclusive, in the total
amount of $584,716.36 constituting claims and demands against the City of Baldwin
Park, are herewith presented to the City Council as required by law, and the same
hereby ratified.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred to and to
the availability of funds for payment thereof.
Staff recommends City Council ratify the attached Warrants and Demands.
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I 11111111111111 � III
ual;UO]6-1
The purpose of this report is to provide the Treasurer's Report for January 2013.
BACKGROUND/DISCUSSION
The Treasurer's Report lists all cash for the City (which includes the Baldwin Park
Financing Authority), the Housing Authority, and the Successor Agency to the Community
Development Commission (CDC). The CDC was eliminated effective February 1, 2012
and the City is now the Successor Agency; a new bank account is used in order to track its
transactions separately. Any amounts reflected for the CDC are amounts set aside for
outstanding checks that had not cleared as of the elimination date.
The report separates cash into the following three sections:
• State of California Local Agency Investment Fund (LAIF) — this is where the
majority of the cash is held. City cash, which accounts for the largest portion
includes monies from the General Fund and all other restricted funds known as
Special Funds. Money is kept in LAIF until it needs to be transferred to cover
warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various
bond payments.
• Fiscal Agent Funds - these amounts represent monies held by the various bond
holders that are restricted and which have been set aside for future bond payments.
• Cash- this section provides the cash balances in the various checking accounts the
City uses to pay its on-going payments.
The cash balances fluctuate during the year due to the timing of large payments, such as
interest and principal for bonds, and due to when the City receives its major sources of
revenues (such as sales tax and property tax) in December, January and May of each
year.
Treasurer's Report: January 2013
Page 2
Staff recommends that the City Council receive and file the January 2013 Treasurer's
Report.
DMUM
CITY OF BALDWIN PARK
TREASURER'S REPORT
January 31, 2013
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local
23,709,242.55 23,709,242.55
23,709,242.55
Agency investment Fund
Varies
67,851.31 67,851.31
City
0.30%
Varies
Housing Authority
0.30%
Varies
Fiscal Agent Funds - City
Varies
Varies
Fiscal Agent Funds - Success(
Varies
Varies
Varies
23,709,242.55 23,709,242.55
23,709,242.55
23,709,242.55
Varies
67,851.31 67,851.31
67,851.31
67,851.31
23,777,093.86 23,777,09186
23,777,093.86
23,777,093.86
Varies
2,265,968.95 2,265,968.95
2,265,968.95
2,265,968.95
Varies
2,957,214.02 2,957,214.02
2,957,214.02
2,957,214.02
$ 29,000,276.83 $ 29,000,276.83
5,223,182.97
$ 29,000,276.83
Total investments $
29,000,276.83
Cash
City Checking
7,844,967.20
City Miscellaneous Cash
172,839.32
Comm. Develop. Comm.
28,700.00
Successor Agency
1,491,899,36
Housing Authority
222,093.73
Financing Authority
0.00
Total Cash
9,760,499.61
Total Cash and Investments $
38,760,776.44
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity /purchase transaction made for the month of January 2013 and several deposits /withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved by:
2JC2Q=�—
Rose Tarn—
Assistant Accounting Manager
A
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The purpose • this report is to request the City Council:
1) Approve the household selected and qualified to purchase the NSP property, and;
2) Authorize staff to prepare the purchase agreement for the Neighborhood Stabilizatior
Program (NSP) property located at 4853 Azusa Canyon Road.
In October 2010, the City entered into an agreement with the State of California's Housing and
Community Development (HCD) for the Neighborhood Stabilization Program under the Housing
and Urban Development (HUD) Title III of Division B of the Housing and Economic Recovery Act
of 2008 (HERA). The City's program was designed as Acquisition, Rehabilitation and Resale of
foreclosed and vacant properties. The City partnered with the San Gabriel Valley Conservation
Corp (Corp) and private contractors for the rehabilitation of the properties.
On March 16, 2011, the City Council approved the Sales Plan for the resale of the properties.
The Sales Plan and NSP requirements establish the following:
Maximum Sales Price
Per NSP requirements, the maximum sales price cannot be greater than the amount of the NSP
investment or the appraised value. It is also based on bedroom count of the property, household
size and household income. The maximum sales price for each property will vary and will be
determined on a case-by-case basis. A second trust deed will be placed on each property
based on the difference between the buyer's qualifying amount and the value of the property.
Maximum Monthly Payment
In an effort to ensure affordability, the maximum monthly loan payment shall not exceed 35% of
the household income.
"Affordable Monthly Housing Costs" include an estimate of the following costs for a
12-month period:
Staff Report
NSP Purchase Agr
March 20, 2013
Affordability Period
A Covenant will be placed on the property to ensure that it remains affordable for a period of 15
years. Any sales of the property for the 15-year period must be made to a moderate-income
household. A second deed will also be included to fill the gap of the purchase price and the first
trust deed amount. The amount of the second trust deed will be the equity value of the property.
Application Process
To ensure equity to all residents, the sale of an affordable housing property was conducted
under the following guidelines:
• Articles were placed in the April and June issues of the NOW, information was placed on
the City's Website and staff attended school meetings and youth program meetings to
promote the program.
• Applications were accepted for 3 months.
■ Applications must have been submitted with an approval letter from a lender indicating
approval amount (qualifying amount must be no less than $200,000).
• Qualifying applicants were assessed and ranked by preference totals.
■ The first qualifying applicant selected the property they wish to purchase from the three
NSP properties. The second applicant selected from the remaining two properties. A
third applicant is pending.
Preferences
The following preferences were established:
➢ Baldwin Park Residents 10 Points
➢ Large families (3 or more minors)
5 Points
➢ Veterans 5 Points
➢ Working in the city of Baldwin Park 2 Points
Staff Report
NSP Purchase Agr
March 20, 2013
DISCUSSION
This property was the final remaining property of the three homes purchased with the initial NSP
grant funding.
WENamu"Mill
There is no impact to the General fund.
Proceeds from Sale
In accordance with NSP requirements, the City is required to utilize all program income received
from the sale of the NSP properties for the purchase other foreclosed, vacant property and resell
to a moderate-income household. The City currently has a balance of approximately $150,000.
It is hoped that the existing program income plus the added program income from this sale, total
approximately $325,000, will be sufficient for the City to purchase, rehabilitate and resale
another property.
Staff recommends the City Council:
1) Approve the household selected and qualified to purchase RSP properties, and-,
2) Authorize staff to process the purchase agreement as prepared by the City Attorney for
the Neighborhood Stabilization Program (NSP) property located at 4853 Azusa Canyon
Road.
TO: Aonorable Chair and Board thembers of the Successor Agency to the .
Dissolved Community Development Commission • the City xd-�
Baldwin Park
SUBJECT: Consideration • Authorization for the Executive Officer to Extend
the Exclusive Negotiation Agreement (ENA) with ROEM Development
Corporation for a Proposed Trans it-Oriented Mixed-Use Development
Project between Ramona Blvd and the Baldwin Park Civic Center
Wiff-Te-L-15
To authorize the Executive Director to extend the approved Exclusive Negotiation
Agreement (ENA) for an additional period of 180 days with ROEM Development
Corporation, for a potential Transit-Oriented Mixed-Use development project located
between Ramona Blvd to the north and the Baldwin Park Civic Center to the south.
On September 19, 2012, the Board of the Successor Agency of the City of Baldwin Park
to the Dissolved Community Development Commission (the "Successor Agency")
approved an ENA with ROEM Development. The ENA was for a period of 180 days,
expiring on March 18, 2013. The ENA also authorizes the Executive Director to extend
the ENA for an aggregate of 180 days, if the developer makes a written request for that
extension. The developer made such a request on March 7, 2013.
The ROEM Development Corporation intends to develop transit - oriented mixed use
project on city property immediately adjacent to the public parking structure, currently
under construction, and Ramona Blvd. The project would consolidate a series of small
parcels currently occupied by the Police Department as a parking lot (the Police
vehicles are intended to be relocated on the ground floor of the public parking
structure). The combination of all the small parcels owned by the Successor Agency is
ROEM — ENA Extension
March 20, 2013
Page 2 of 5
Since a portion of the subject property is currently owned by the Successor Agency, a
potential transfer of that ownership would have to be approved by the Oversight Boa
?nd then by State of California Department of Finance. 11
Subject Parcels:
8554-001-900 .........................................
Northern portion only
8554-001-901 .........................................
7,500 SF
8554-001-904 .........................................
7,500 SF
8554-001-907 .........................................
7,500 SF
8554-001-910 ................................... - ....
7,200 SF
8554-001-911 .........................................
Northern portion only
Parking frontage along Ramona Blvd.....
±5,000 SF
Total ............. ---- ......... .... -- ............
±1.3 Acres
ROEM Development Corp., is proposing to construct a series of 4-story structures with
a total of 72 units, of which 71 would be affordable residential rental units of various size
(1- , 2- and 3-bedroom) and approximately 6,000 SF of ground floor retail. The project
would also provide 30 street surface parking spaces for the retail component and an
additional 107 parking spaces for the residential units would be provided in the Transit
Center parking structure.
To date, ROEM Development has met all the requirements of the current ENA.
However, additional time is now necessary for the Successor Agency to complete
vetting of the financial information submitted, to refine the proposed project in response
to the Successor Agency Board feedback and to prepare a submittal package for the
state tax credit application.
Therefore, pursuant to Subsection 2.(A) of the approved ENA, the Executive Director
approved ROEM Development's request for a 180-day extension to the current ENA.
All terms included in the current ENA would remain in full force during the extension
period.
As part of the process during the term of the extended ENA, if the Successor Agency
decides to proceed with the project, then the developer and the Successor Agency will
likely enter into a Disposition and Development Agreement (DDA), which must then be
approved by the Oversight Board and State Department of Finance.
If the requested authorization is granted, then the Executive Director will transmit a
letter to ROEM to memorialize that extension.
ROEM — ENA Extension
March 20, 2013
Page 3 of 5
There is
• fiscal impact related to the approval • the ENA. However, as neede
HOME funds may be allocated to this project as follows: •
RARUME��
The General Counsel has reviewed this staff report.
Staff is recommending the Successor Agency Board authorize the Executive Director to
approve an extension the current Exclusive Negotiation Agreement with ROEM
Development for 180 days.
Attachments:
E IIA
Concept proposal
EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and
between the SUCCESSOR AGENCY OFTHE CITY OF BALDWIN PARK TO THE DISSOLVED
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALL WIN PARK,a Public,
body, corporate and politic "Successor Agency") and the ROEM DEVELOPMENT
CORPORATION, a California corporation ("Developer") under the terms and provisions set forth
below.
WHEREAS, in ftirtherance of the goals and objectives of the General Plan of the City of
Baldwin Park, ( "City ") and vision for the Baldwin Park transit center, Successor Agency and
.Y J and � — �
Developer desire to enter into negotiations concerning the development of certain land (defined
below as the "Project Site"); and
WHEREAS, the Project Site is designated as such on the Project Site Map ( "Exhibit A"); and
WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide
Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the
terms of a Disposition and Development Agreement ("DDA") or all Owner Participation Agreement
('OPA"), which will accomplish the objectives described in Paragraph I below.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of �vhicli is hereby
acknowledged, Successor Agency and Developer hereto mutually agree as follows:
1. PURPOSE
The purpose of this ENA is to provide for the negotiation by the parties of a Transit-Oriented
Mixed-Use development providing for, among other things, the following:
A. The acquisition by Developer of the Project Site for a Transit-Oriented Mixed-Use
Development in accordance with City's vision and the General Plan and for the
development and construction of a Phase I development comprised of 44 affordable
residential units, about 6,000 SF of retail' and provision of all related, parking needs.
The development shall be a master planned, pedestrian-oriented mixed -rase
development with open spaces and public amenities (the "Proposed Development"),
The development shall be subject to and consistent with the requirements of the
California Environmental Quality Act and related State Guidelines ("CEQA").
The Project Site is proposed to consist of property general ly located between Ramona
Blvd to the north, the City Halt complex to the west, the public parking structure to
the south and the Verizon property to the east. The Project Site is approximately
consists of six (6) Successor Agency-owned parcels of approximately 1.5 acre, as
well as that portion of right-of-way fronting the existing businesses along Ramona
Blvd.
M
By entering into this ENA, the parties intend to implement City's vision and General
Ilan. Nothing hereiti shall obligate or be deemed to obligate Successor Agency to
commence any action or actions, including, but not limited to, eminent domain
proceedings,; for voluntary or involuntary acquisition of real or personal property, o r
any interest therein. The parties understand and agree Successor Agency carniot be
obligated to coinnience any action to convey any interest in any portion oftl e project
Site to Developer, unless and -until, among other legal requirements and as applicable;
all necessary steps are met, including, but not limited to, good faith negotiations, clue'
process conducted by Successor Agency and in Successor Agency's sole discretion,
after duly noticed and conducted public meeting, a determination the `public <necessity
and interest is best served by such conveyance.
B, The coordination of the planning, design- and construction of Proposed Development
on tl:e Project Site and to maximize Its cornpatit3ltrty` vv'atia t12e ab- attrrug and'caCtjaCetit
uses and to minimize environmental, traffic and other impacts on the abutting and
adjacent uses.
C. Provisions related. to Successor Agency potential assistance, if any; through
disposition of property.
D. Other provisions regarding the participation and responsibilities of the Developer and
Successor Agency necessary to furtluer° the purpose of developing the Project Site,
such as provisions for processing; approvals and permits.
2. EXCLUSIVE TIGHT TO NEGOTIATE'
A. Successor Agency hereby grants to Developer, and Developer hereby accepts this
ENA for a period of one hundred' eighty= (180) days, coma- enciuug on the date this
ENA is signed on behalf of Successor Agency. With no expectation, or express or
implied intent any extension to the tern- of this ENA will be accepted by either party,
upon written request by Developer, Successor. Agency's Executive :Director (the
"Executive Director"") may extend the term of this ENA for tip to an aggregate total of
an additional one hundred eighty (180) clays.
B. Successor Agency and Developer agree; for the period set fourth in this Paragraph 2,
to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into
by Successor Agency and Developer with regard to the objectives described above.
.During the term of this ENA, Successor Agency agrees not to negotiate for the
development of the "Project Site,; or portion thereof, with any party other 'than the
Developer, or approve or conduct a public hearing for any other development of the
Project Site, or portion thereof. During the term of this ENA: Developer agrees as
partial consideration for this ENA not to negotiate with ally other party at any other
property outside the jurisdictional boundaries of City and within a 3 -mile radios
extending from the boundaries of the Project Site for uses similar to those
Rage 2
contemplated for the Project Site,
1 TERMS
Successor Agency and Developer hereby agree to the following terms:
A. Developer to Pay All Successor Agency Thud . Developer is responsible
to pay any and all Successor Agency third party costs directly or indirectly related to
this ENA and incurred in good faith by Successor Agency ("Third Party Costs"). If
Developer fails to remit Third Party Costs within ten (10 days after receipt of an
invoice from a third party submitted to Developer by Successor Agency, then
Successor Agency's obligations Ptlrqiini f to thpz JTNT shall ccase until such. Third
0 --M. — 1-1- 11- -A
Party Costs are paid in full by Developer.
0 Bi - Mon flifly Status JRe ports, On or before the tenth (10`11) day of every two niontris
starting with the first fall month after the effective date of this ENA, Developer shall
provide bi-nionthly status reports to the Executive Director in a format reasonably
requested by the Executive Director. These reports, at a minimum, will include
status reports regarding progress associated with the schedule of performance and
information regarding Developer's efforts to work with current owners and tenants
on the Project Site and Developer's efforts to acquire the land necessary for the
project and secure quality commercial tenants for the Proposed Development,
C; Financial Feasibility Prospectus. Within sixty (60) clays after the effective date of
this ENA, Developer shall submit to Successor Agency a pro forma showing the
fiscal feasibility for its Proposed Development.
D. Market Feasibility Study. Within ninety (90) days after the effective date of this
ENA, Developer shall submit to Successor Agency a market feasibility study for its
Proposed Development, including a residential housing and neighborhood retail
specific market study and residential housing and neighborhood retail inarketing
strategy.
E. Necessail Debt and Equity Financing. Within one hundred and twenty (120) clays
after the effective date of this ENA, Developer shall submit reasonable satisfactory
evidence to Successor Agency, including the financing structure and preliminary
commitments and letters of intent from retai I businesses, demonstrating Developer
can and will obtain the necessary debt and equity financing in an amount sufficient to
pay for acquisition and development of the Project Site.
F. Submittal and Review of Conceptual and Phasing Plans._ Within one hundred and
fifty (150) days after the effective date of this ENA, Developer shall submit to
Successor Agency conceptual and phasing plans for the development of the entire
Site (the "CojiceptualiPhasing Plans"). City staff shall review and comment on the
Conceptual and Phasing Plans,
Page 3
G. Successor Agency's I igul t t.o Additional Information, Successor Agency reserves the
right, during the term of this ENA, to request reasonable additional information and
data from Developer necessary for review and evaluation of the proposes
development. Developer agrees to provide such additional information or data as
reasonably requested in a timely manner, All information regarding the Developer's
business practice which may be provided to Commission, shall remain confidential to
the extent permissible by law.
H. Hazardous Materials, Successor Agency shall not be responsible for conducting or
financing any testing of the Project Site for hazardous materials pursuant to any
applicable laws, statutes, rules and regulations. As between Successor' Agcrae,7 and
Developer, Developer shall also be responsible for making site conditions suitable for
the Proposed Development, including, but not limited to, flood zones, Al€luist- Priolo,
and similar matters; For purposes of this ENA, "hazardous materials" shall mean
asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas;
radioactive materials; explosives; chemicals known to cause cancer or reproductive
toxicity; hazardous waste, toxic- substances or related materials; petroleurn and
petroleum product,, including, but not limited 'to, gasoline and diesel fuel; those
substances defined as a "Hazardous Substance ", as defined by section 9601 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. 9601, et sect., or as "Hazardous Waste " as defined by section 6903 of the
Resource Conservation and Recovery Act, 42 U.S.C; 6901, et seq.; an "Extremely
Hazardous Waste, " "a "Hazardous Waste" or a "Restricted hazardous Waste," as
defined by The Hazardous Waste Control Law under sections 25115, 2,5117- or
25122.7 of the California Health and Safety Code, or is listed or identified pursuant
to section 25140 of the California Health; and Safety Code; a "Hazardous Material ",
"Hazardous Substance, "" "Hazardous Waste" or "Toxic Air Contaminant " as defined
by the California Hazardous Substance Account Act, laws pertaining to the
underground storage of hazardous substances, hazardous materials release response
flans, or the California Clean Air Act under sections 25316, 2528 1, 25501, 25 501.1
or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous
Substance" listed or identified pursuant to section 311 ofthe Federal Water Pollution`
Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste"
or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter l I of Title 22
of the California Cole of Regulations sections 66261.1 - 66261.126; chemicals lasted
by the State of California under Proposition 65 Safe Drinking Water and Toxic
Enforcement; Act of 1986 as a chemical known by the State to cause cancer or
reproductive toxicity pursuant to section 25249.8 of the California health and Safety
Code; a material which due to its characteristics or interaction with one or more other
substances, chemical compounds,, or mixtures, materially damages or threatens to
materially damage, health, safety, or the environment, or is required by any law or
public agency to be renrediated, including rernediation,�vhich such law or government
agency requires in order for the property to be put to the purpose proposed by this
ENA; any material whose presence would require remediation pursuant to the
Page 4
guidelines set foethin. the State of California Leaking Underground Fuel Tan-k Field
Manual, whether or not the presence of such. material resulted ftorn a leaking
underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide
and Rodenticide Act, 7 U,S,C, 136 et seq.; asbestos, PCBs, and other substances
regulated under the Toxic, Substances Control Act, 15 U.S,C. 2601 et seq.; any
radioactive material including, without limitation, any "source material," "special
nuclear material," "by-product inaterial," "low-level wastes," "high-level radioactive
waste.," "spent nuclear ftiel." or "tranSUranic waste" and any other radioactive
materials or radioactive wastes, however produced, regulated under the Atomic
Energy Act, 42 US.C. 2011 el seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101
et seq., or pursuant to the California Radiation Control Law, California Health and
Safety Code, sections 25800 et seq.; hazardous substances regulated under thic
Occupational Safety and Health Act, 29 U.S.C, 651 et seq., or the California
Occupational Safety and Health Act, California Labor Code sections 6300 et.veq.; or
regulate,.!, under the Ck ean Air Act, 42 _T
&C. 7401 et seq. or pursuant to The
California Clean Air Act, sections 3900 et seq, of the California Health and Safety
Co& Any studies and reports generated by Developer's testing for hazardous
materials shall be made available to Commission upon Commission's request.
I. No Obligation by Successor Agency. Nothing herein shall obligate or be decided to
obligate Successor Agency to approve or execute a DDA or OPA, or convey any
interest in any portion of the Project Site to Developer. The parties understand and
agree Successor Agency cannot be obligated to approve or execute a DDA or OPA,
commence any action to convey any interest in any portion of the Project Site to
Developer unless and until, among other legal requirements and as applicable, (i)
CEQA requirements are met and (ii) a DDA or OPA satisfactory to Successor
Agency is first negotiated, executed by Developer, approved by Successor Agency's
Board, in each of their sole discretion, after duly noticed public hearing, and executed
by Successor Agency. The parties each agree to negotiate in good faith to
accomplish the objectives described in this ENA. The parties also understand and
agree any OPA or DDA must be approved by the Lompoc Oversight Board and State
Department of Finance.
J. DDA or OPA to Supersede this ENA, This ENA will be superseded by the DDA or
OPA, if and when the proposed DDA or OPA is executed by Developer and
approved by Successor Agency in the mariner required by law, and executed by
Successor Agency,
K, Successor Agency Responsible Im CEQA Compliance. Successor Agency, at
Developer's costs, shall be responsible for complying with CEQA in, connection with
the Project Site and the development of the Proj1ect Site,
L. Real Estate Commissions, Successor Agency shall not be liable for any real estate
commissions or brokerage fees, which may arise herefrorn. Successor Agency
represents it has not engaged a broker, agent or finder in connection with this
Page 5
transaction, Each party agrees to hold harmless the other party fron-, any clain, by any
broker, agent or finder retained, or claimed to have been retained, by that first party.
M. Conflicts of Interest, For the term of this ENA, no member, officer or employee of
Successor Agency, during the term of his or lierservice with Successor Agency, shall
have any direct or indirect interest in this ENA or obtain any present or anticipated
material benefit arising3 therefrom,
M Change in Ownership or Control of DeveloMr. Developer understands Successor
Agency is entering into this ENA based on the prior experience and qualifications of
Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all
,
O-L V its rights under this ENA to any party not owned, in t d ie niajority, or controlled by
Developer, without the prior written approval of Successor Agency, at its sole
discretion.
Q. Indemnity: Developer agrees to and hereby does defend, hold harmless and
indemnify Successor Agency, City and each of their officers, agents and employees
(the "Indemnified Parties") froin damages arising from Developer's acts or
omissions; provided, that the obligation to defend does not apply to actions arising
solely from the Indeninified Parties' acts or omissions; and provided, further, that the
obligation to indemnily and hold harmless does not apply to the extent caused by the
negligence or willful misconduct of any of the indemnified Parties.
P. Governing Law. This ENA shall be interpreted and enforced in accordance with the
provisions of California law in effect at the time it is executed, without regard to
conflicts of laws provisions.
No Third Party Beneficiaries, Successor Agency and Developer expressly
acknowledge and agree they do not intend, by their execution of this ENA, to benefit
any persons or entities not signatory to this ENA; provided, that the parties
understand if a DDA or CPA is ultimately entered into, there may be involvement
b�,. or commissions or fees maid to. anv brokers rMesentina Developer nu scant to
the terins of a separate written agreement between Developer and such brokers.
Developer hereby agrees to indemnify, defend and hold harmless the Indemnified
Parties from any claim or action brought by or on behalf of any such broker related to
their involvement with Developer or for Developer's failure to pay any commissions
or fees. No person or entity not a signatory to this ENA shall have any rights or
causes of action against either Successor Agency or Developer arising out of or due
to Successor Agency's or Developer's entry into this ENA.
4. TERMS TO BE NEGOTIATED
Successor Agency and Developer shall meet regularly with each other in order to negotiate a
proposed DDA or OPA to include, without limitation, the following provisions:
Page 6
A. A single development plan comprised of one or more phases (scope of developri-tent)
that is ftinctional, aesthetic, and rninirnizes conflicts with, and is sensitive to
adjoining and adjacent properties. Architectural and site design issues to be resolved
shall include, but not be limited to, acceptable architectural and landscape quality,
initial size and maturity of plantings, access and circulation, determination of parcel
boundaries, on-site and off-site improvements, Project Site-perhileter treatment,
landscaped buffers, parking, signage, lighting, and casements, if applicable.
B. The design and configuration of the site plan shall maximize, to the extent reasonably
feasible, the potential to atti'act.t,etail/i.*estaLiralit tenants.
C. The acquisition procedures that inay use of ei-ninent do.inain, 'the tit-ne
I I I I U I I I I
schedule for conveyance, if any, of portions of the Project Site from Successor
Agency, the financing plan, and the cost of the Project Site.
D. The timing and conditions precedent for the conveyance, if any, of the Prcject Site or
portions thereof,
E. The performance guarantees, amount of liquidated damages, and good faith deposit
to be required, if any. The proposed DDA or OPA shall require Developer to pay
-when due, on all those parcels owned by Developer, all taxes, assessments, and
special taxes levied on the Project Site and all debt service on all bonds outstanding
from time to time which have a lien or encumbrance on the Project Site. Any deposit
tinder the DDA or OPA shall be returned to Developer upon the completion of the
development as evidenced by a Certificate of Completion issued by Successor.
Agency.
F. A schedule of performance encompassing appropriate and necessary legal,
administrative, financial and construction benchmarks to be met by the appropriate
party.
G, The responsible party to prepare a subdivision tract map subdividing the Project Site
into parcels as appropriate and necessary.
1-1. The responsible party for all costs, associated with the removal or remediation of any
potentially hazardous materials from the Project Site and demolition of aII
improvements on the Project Site.
1. Ownership of all plans, drawings and specifications prepared by Developer in the
event of termination of the DDA or OPA.
J. Appropriate controls to limit the use of the Project Site, including, but not limited to
a requirement for the uses to meet the criteria set forth in Exhibit B, attached hereto.
K. Operational and maintenance plans for the development, including the parking,
Page 7
A. Neither party would have agreed to any part of this ENA if it were to be liable to the
other party for any amount of monetary damages. Accordingly, both parties
acknowledge and agree each party's exclusive right and remedy upon any breach or
default of the other party to negotiate in good faith, as set forth in this ENA, is to
terminate this ENA or seek specific performance regarcling the excltisivit�,pj,'Ovisiolis
of this ENA, as applicable. The prewailing party in any action brought purstiant to
this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees
and costs. If this ENA is terminated, then the Good Faith Deposit being held by
Successor Agency shall be returned to Developer by Successor Agency, in
accordance with Paragraph 3.A..
B. Each party acknowledges it is aware ofithe meaning and legal effect of California
Civil. Code Section 1542, which provides:
A general release does not extend to claims Nvhich the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him would have
materially affected his settlement with the debtor,
C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be botind by
the limitation on remedies set forth in this Section, and each party hereby releases
any and all claims against the other party for monetary damages or other legal or
equitable relief, whether or not such released claims were known or unknown to the
releasing party as of its entry into this ENA. Each party hereby waives the benefits
of Civil Code Section 1542 and all other statutes and judicial decisions (whether
state or federal) of similar effect.
car Initials Succes Agency Initials Developer Initials
6. TERMINATION BY SUCCESSOR AGENCY
Successor Agency shall have the right to terminate this ENA in the event Developer (a)
proposes provisions in the proposed DDA or OPA,, which (i) materially vary from those
described in this ENA or (ii) describe a development that materially varies from the
development generally described in Paragraph I of this ENA or (b) fails to comply with ally
provision of this ENA, if same are not corrected within fifteen (15) clays after Developer's
receipt of written notice thereof.
T TERMINATION BY DEVELOPER
Developer shall have the right to terminate this ENA in the event Successor Agency (a)
proposes provisions in the proposed DDA or OPA, which materially vary from those
described in this ENA or (b) fails to comply with any provision of this ENA, if same are not
corrected within fifteen (15) days after Commission's receipt of written notice thereof.
Page 8
7. I—ERA41NATION BY DEVELOPER
Developer shall have the right to terminate this ENA in the event Successor Agency (a)
proposes provisions in the proposed ]DIVA or CPA, which materially vary front those
described itithis ENA or (b) faits to comply with anyprovision of this ENA, if same are not
corrected within fifteen (15) days after Commission's receipt of written notice thereof,
A. Any notice, request, approval or other communication to be provided by either party
shall be in writing and dispatched by first class mail, registered or certified mail,
postage prepaid, rcium.-receipt requested, or by electronic facsimile transmission
followed by delivery of a "hard" copy, or by personal delivery (including by means of
professional messenger set-vice, courier service such as United Parcel Service or
Federal Express, or by 'U.S, Postal Service), to the addresses of Successor Agency
and Developer set forth below, Such written notices, requests, approvals or other
communication may be sent in the same manner to such other addresses as either
Marty may from time to time designate,
& Any notice that is transmitted by electronic facsimile transmission followed by
delivery of a "hard" copy, shall be deemed delivered upon its transmission; any
notice personally delivered (including by means of professional messenger service,
courier service such as United Parcel Service or Federal Express, or by U.S. Postal
Service), shall be deemed received on the documented date of receipt; and any notice
that is sent by registered or certified mail, postage prepaid, return-receipt requested
shall be deemed, received on the date of receipt thereof,
C. If to Successor Agency:
City of Baldwin Park
Attn: Vijay Singbal, Chief Executive Off leer
14403 East Pacific Avenue
Baldwin Park, California 91706
Telephone (626) 960,4011, ext. 482
Facsimile (626) 337.2965
With ,.a copy to:
Aleshire & Wynder, LLP
Attn: Joseph W. Pannone
2361 Rosecrans Avenue, Suite 475
El Segundo, CA 90245-4916
Telcphone (310) 527-6663
Facsimile (310) 532-7395
Page 9
D. If to Developer:
Robert Emami, President
ROEM Development Corporation
1650 Lafayette Street
Santa Clara, CA 95050
Phone: (408) 984-S600
Fax: (408) 984-3 t I I
With additional copies to:
[NAME]
ROEM Development Corporation
1650 Lafayette Street
C,
Sauta Clara, CA 95050
Phone: (408) 984-5600
Fax: (408) 984-3111
9, COUNTERPART ORIGINALS.
This ENA may be executed in two (2) counterpart originals wliieb,when. taken together, shall
constitute but one and the same instrument.
10. ENTIRE AGREEMENT
This ENA represents the entire agreement of the parties and supersedes all negotiations or
previous agreements between the parties with respect to development of the Project Site.
This ENA may not be amended unless agreed as such in writing and certified by the
signatures of the parties hereunder.
Page 10
11. EFFECTIVE DATE
The effective date of this ENA shall be the date it is signed on behalf of Successor Agency.
Dated.
APPROVED AS TO FORM:
ALESHIRE & WYNDER
"General Counsel
Dated: September 10, 2012
CORPORATION
I
a California Corporation
By: 3 n ian Emarni, -Viee President
Page I I
PROJECT Sl MAP
Page 12
C
� s�' '�, ► s t r
Retail uses to be operated on the Project Site shall be limited to a neighborhood retail operator on the
majority of the commercial component, Project Site: Fast -food establishments, drive- through businesses
of any kind, professional services such as nail salon and similar uses are not acceptable neighborhood
retail businesses for this project. The 'Executive Director, in his sole discretion, may determine whether a
proposed business operator net named above meets the intent of this criteria,
Page 13'
ROEM — ENA Extension
March 20, 2013
Page 5 of 5
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