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2019 05 01
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MAY 1, 2019 at 5:30 PM. at City Hall — 31d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: April 25, 2019. Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Lourdes Morales, 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 24 hours prior to the meeting of May 1, 2019. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and meeting MAY 11 2019 location 5:30 PM CITY HALL - 3r°' Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 H U B O F . SAN�,CaAERIEL **0 71�D N,,," Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES 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, para agenda, but only on any matter posted on this hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council or agenda. Si usted desea la oportunidad de dirigirse al any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podra hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) minutos. interpreter is available for your convenience. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances rcumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en alg6n 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 y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] OPEN SESSION/STUDY SESSION 1. MDG Development Design Presentation Director of Community Development Benjamin Martinez RECESS TO CLOSED SESSION 2. Public Employee (GC §54957): Position: Chief of Police 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Salcedo v. City of Baldwin Park Case No. BC676398 Case Name: Jason Adams v. City of Baldwin Park Case No. 2:19-cv-00297 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. P. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, 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 of May 1, 2019. /11 ourdes Morales 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 City Nall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960- 4011 ext. 466 ore-maillmorales@baidwinpark.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 1() MAY 1 2019 7:00 PW COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco - Mayor - Mayor Pro Tem - Council Member - Council Member - 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 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 sada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. An�tv'v'c l n t. t.eb r€., record" rola li l.d hi an agenda a,r~om f lil an oe)..)en +sk,.'aosic))n of f,.a ke)je, ar n ehkt.ng 4...' t $l Cit that is t,,,i. t pb„tled to the City Cour,^cil less than, 72 hours ptior to .hal meetir' g will" be available forloudhic en:.rpe4.tiot-i Gi airrt� t i Rt7 City ClerI, office at 14403 E. Pacifictflie, 3rF Ioor di.irin toraneal b,,,renes`;ot , (Monday - r c rirtday, 71- a,ni, - 6 00 p,,, •} CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Proclamation for Lupus Awareness Month • Proclamation for Older Americans Month/Certificates • Proclamation for National Bicycle Month • Proclamation for Mental Health Awareness • Plaque Recognition to Lieutenant Mark Adams for his Years of Service with the City of Baldwin Park Police Department PUBLIC COMMUNICATIONS Three (3) minute speaking time limitg 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 SECRETAR/A SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome 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 fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. Warrants and Demands Staff recommends that Council ratify the attached Warrants and Demands Register. City Council Agenda Page 2 2. Meeting Minutes Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on April 17, 2019. B. Meeting Minutes of the Regular City Council Meeting held on April 17, 2019. 3. Rejection of Claims Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Farias, Adrian The claimant is alleging injury to hand while driving a Foothill Transit bus. Monterosa, Jessica Cristina The claimant is alleging property damage to 4. Appro her vehicle. val of First Group America aso The claimant alleges dangerous condition of Use Joyce Clark public property. Agree ment with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway in Exchange for the use of County Right -of -Way It is recommended that the City Council approve the Use Agreement with the County of Los Angeles in exchange for the use of County right-of-way for the construction and maintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement. 5. Renewal of Grant Writing Services Contract with California Consulting, LLC Staff recommends the City Council: 1. Approve the Consultant Services Agreement with California Consulting, LLC; and 2. Authorize the Director of Finance to appropriate funds to cover the cost related to the grants applied for including but not limited to General Fund, Prop A Fund, or Future Development Fund. 6. Consideration of a Disposition and Development Agreement with MG Development Group, LLC for a Proposed Industrial Development Project at 13057- 13065 Garvey Avenue Staff is recommending that the City Council: 1. Provide direction in regards to a Disposition and Development Agreement (DDA) with MG Development; and 2. Authorize the City Manager to execute the agreement after a final review by the City Attorney; and 3. Approve Resolution No. 2019-017, entitled "A Resolution of the City Council of the City of Baldwin Park Approving a Disposition and Development Agreement Between the City of Baldwin Park and MG Development Group, LLC (aka MG Development) For a Proposed Industrial Development Project at 13057-13065 Garvey Avenue." City Council Agenda Page 3 7. Ratify and Adopt a Resolution to Amend the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Ca1PERS established Guidelines Staff recommends that the City Council approve, ratify and adopt: 1. Resolution No. 2019-018 amending the City of Baldwin Park Comprehensive Pay Schedule, retroactive to April 17, 2019. REPORTS OF OFFICERS 8. Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning and Recreation Commissions Staff recommends the City Council review all commission applications and make respective appointments. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • NONE ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 25th day of April, 2019. W,5Z4 Lourdes Morales, 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 City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales@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 Page 4 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance i", V DATE: May 1, 2019 4k SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $531,849.12 and the attached General Warrants Register was $801,003.56 for a total amount of $1,332,852.68. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 200159 to 200195. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 13251 to 13525 for the period of March 24, 2019 through April 6, 2019, inclusive; these are presented and hereby ratified in the amount of $531,849.12. 2. General Warrants, with the bank drafts in the amount of $212,712.04 and checks from 223809 to 224004 in the amount of $588,291.52 for the period April 8, 2019 to April 22, 2019, inclusive; in the total amount of $801,003.56 constituting of 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. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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Y gaggq b d d d o d d o 0 0 0 o d 0 0 0 0 0 0 0 0 0 0 a y Ln Ln Ln v1 Ln v1 .-+ M a m to to Lo to to to to to d' a V R O st o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m a V et a a a Ln N M U1 Ln Ln Ln Lo Ln Ln to m m m m m m 01 TF a m F m to 0 ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: May 1, 2019 SUBJECT: Meeting Minutes SUMMARY The City Council held a Special and a Regular City Council Meeting on April 17, 2019. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: • Special Meeting of April 17, 2019 • Regular Meeting of April 17, 2019 FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special Meeting Minutes of April 17, 2019 2. Regular Meeting Minutes of April 17, 2019 Attachment 1 SP Meeting Minutes 4/17/2019 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING April 17, 2019, 5:30 P.M. 3rd Floor Conference Room 307 - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:31 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia arrived at 5:32 p.m. Mayor Manuel Lozano ABSENT: Council Member Paul C. Hernandez MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to excuse Council Member Hernandez from the meeting. Motion carried by unanimous consent. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:31 p.m. Seeing no one wishing to speak, Mayor Lozano closed Public Communications closed at 5:31 p.m. OPEN SESSION 1. Dog Park Location Options Director of Recreation and Community Services Manuel Carrillo Mr. Carrillo provided the City Council with Morgan Park and Barnes Park as options to build a dog park via a power point presentation and delineated the pros and cons associated with the construction of each. Mayor Lozano inquired whether the perimeter delineated in yellow in the power point slide defined the property limits. Mr. Carrillo answered affirmatively, but said he would inquire with the architect. Mayor Pro Tem Garcia stated the City would need input from residents if the Council chose Barnes Park Special Meeting of 04/17/19 Page 1 of 5 Mr. Carrillo assured the Council staff would hold additional meetings with residents before making a decision in May. Further discussion was held amongst staff and the City Council in regards to the acreage, parking limitations, and decomposed granite vs. grass, maintenance, and desired landscape for the new dog park. Mr. Carrillo stated staff would acquire additional input from the community and bring the item back to Council for direction. The City Council recessed into closed session at 5:49 pm. 2. Digital Street Banners/Art in Public Places and Bulletin Displays Park Sign Locations Director of Public Works Sam Gutierrez RECESS TO CLOSED SESSION 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: Jason Adams v. City of Baldwin Park Case Name: Maria Delgado v. City of Baldwin Park Workers Comp Case Name: Lili Hadsell 4. Public Employee Appointment (GC §54957): Position: Chief of Police Case No. BC548602 Case No. BC676398 Case No. 2:19-cv-00297 Case No. BC635496 WC Case No. ADJ10091998 5. Real Property Negotiations Pursuant to Government Code §54956.8: Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. Special Meeting of 04/17/19 Page 2 of 5 Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17- 07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. Property: 13460 Brooks Drive (CAN 17-31) Special Meeting of 04/17/19 Page 3 of 5 Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC 6. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Workers Compensation Case: Timothy Cardiel Potential Case(s): Three (3) REPORT ON CLOSED SESSION* The City Council reconvened at 8:34 p.m. Workers Comp Case No. 16-128534 Council Member Avila expressed her desire to conduct a national search for a permanent Chief of Police position. Council Member Pacheco also expressed his desire to recruit for this position and voiced concerns related to this appointment. Council Member Hernandez commented on the uncertainty when conducting a national search and stated the motion in question was to appoint someone in an interim capacity while the City Council considered all options. Mayor Pro Tem Garcia spoke in support of the appointment due to the urgency in addressing financial concerns in the department and expressed concerns with recent challenges and instability associated with the position of Chief of Police. MOTION: Mayor Lozano made a motion, seconded by Mayor Pro Tem Garcia to place Sargent Johnny Patino as the Interim Chief of Police. Motion was approved and carried by the following roll call vote: ROLL CALL: AYES: Council Members Garcia, Hernandez, and Lozano NOES: Council Member Avila ABSENT: None ABSTAIN: Council Member Pacheco Mayor Lozano commented on the outstanding educational credentials from Mr. Patino, spoke in support of the appointment and congratulated the newly appointed Interim Chief of Police. Council Member Avila welcomed Interim Chief of Police Patino. Special Meeting of 04/17/19 Page 4 of 5 The Mayor conducted the oath of office to Johnny Patino, Interim Chief of Police. ADJOURNMENT There being no further business, motion was made by Mayor Lozano, seconded by Council Member Avila, to adjourn the meeting at 8:43 p.m. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk APPROVED: Special Meeting of 04/17/19 Page 5 of 5 Attachment 2 RG Meeting Minutes 4/17/2019 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING April 17, 2019, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:15 p.m. INVOCATION The invocation was provided by Council Member Pacheco. PLEDGE OF ALLEGIANCE The Presentation of the Colors was performed by the Baldwin Park Police Department Honor Guard and the Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez arrived at 7:48 p.m. Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano announced the study session would remain open. ANNOUNCEMENTS Mayor Lozano announced the following: This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the 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 $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano requested the meeting be adjourned in honor of the fallen CHP Officer. Mayor Pro Tem Garcia extended her condolences on behalf of the City Council to the family of former Mayor of West Covina Mike Spence. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation for National Public Safety Telecommunications Week The proclamation was provided to the Baldwin Park Police Department. • Introduction of new Baldwin Park Police Employees: Officer Alex Alarcon Officer Oscar Alcon Officer Summer Anaya Dispatcher Erin Sanchez Acting Chief of Police Joe Bartolotti provided a brief bio of the new employees and thanked them for selecting to work for the City of Baldwin Park. • Certificate Recognition in honor of Waste Management Baldwin Park Scholarship and Internship Winners Terri Muse introduced the four winners of the scholarship awards for 2019. The students thanked their families and Terri Muse for the opportunity. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:39 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Mark Flores of the Mark Daniel Flores Music Foundation invited the City Council to attend their 10 year anniversary on June 15th where scholarships would be awarded and special guests would be in attendance. Mr. Flores announced donations were being accepted. Jessica Michelle representative from MuniTemps requested outstanding invoices be paid for providing interim Chief Deputy City Clerk services. Rudy Avilar commander from American Legend invited the community to attend the grand opening on April 26 from 5-8 p.m. Robert Chevez representative from Citrus Valley Health Partners communications team invited the City Council to the launch of the new brand of the Queen of the Valley Hospital on May 1st where they would unveil the new brand, provide an overview of a community engagement program, and introduce plans to expand Queen of the Valley Emergency Center. Eduardo Saucedo member of the carpenters union commented on tax fraud and homeless issues. Mr. Rios expressed concerns with the company assigned to replace the curbs around the city. Regular Meeting of 04/17/19 Page 2 of 8 Christina Larios Baldwin Park Library Manager provided updates on upcoming events hosted by the Baldwin Park Library. Emmanuel Estrada spoke on launching a community effort to address rent control and thanked the City Council for placing it on the agenda. Mr. Luna provided a copy of the Brown Act and the First Amendment rights related to translation services; spoke on work being conducted without permits; requested information on a loan given to the Mayors father; and commented held on issues at Barnes Park after tournaments on the weekends. Terri Muse provided announcements on upcoming events for the Business Association. Beatriz Sandoval thanked the City Council for placing rent control on the agenda and commented on the assistance provided by St. John the Baptist Parish to families in need. Planning Commissioner Mario Marciel spoke in support of parishioners and commented on his personal struggles with rent increases. Mayor Lozano provided a statement to the comments made by the MuniTemps representative clarifying that the firm provided false information. Council Member Avila thanked the community for their attendance and requested staff review the issues addressed by the speaker regarding debris caused by the soccer leagues and commented on efforts to assist displaced families as a result of rent increases. Mayor Lozano stated the rent control issue was a long and controversial process. Mayor Pro Tem Garcia stated donations were accepted by churches and organizations with the capability to intake and distribute to individuals in response to a speaker who inquired whether the city accepted donations, and additionally requested the Department of Public Works ensure all safety measures were followed in the field. A conversation ensued amongst the Council Members regarding the audio recording of the December 10, 2013 meeting stating no audio was available due to technical difficulties and the requirements dictated by the Brown Act to report out in an open session. Council Member Avila requested staff research the creation of an oversight committee to oversee Measure H funding. Council Member Pacheco thanked the Department of Public Works for maintaining the landscape around the city and thanked the Police Department for doing a great job. In addition, Council Member Pacheco commented on continued efforts to address housing and rent control. Regular Meeting of 04/17/19 Page 3 of 8 Mayor Lozano stated the city was working with neighboring cities and the County of LA to address the homeless issue. Mayor Lozano closed public communications at 8:07 p.m. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to table item 12 to the next meeting. Motion carried by unanimous consent. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the consent calendar with exception of Item 12. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — February 2019 The City Council received and filed the Treasurer's Report for February 2019. 3. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on April 3, 2019. 4. Consider and Approve License Agreement with the Boys & Girls Club of West San Gabriel Valley The City Council considered and approved the License Agreement with the Boys & Girls Club of West San Gabriel Valley. 5. Adoption of Resolution No. 2019-011, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer's Report for the Landscape and Lighting Maintenance Assessment District for FY 2019-2020, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing" The City Council adopted Resolution No. 2019-011 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer's Report for the Landscape and Lighting Maintenance Assessment District for FY 2019-2020, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing." Regular Meeting of 04/17/19 Page 4 of 8 6. Adoption of Resolution No. 2019-012, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer's Report for the Citywide Park Maintenance Assessment District for FY 2019-2020, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing" The City Council adopted Resolution No. 2019-012 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer's Report for the Citywide Park Maintenance Assessment District for FY 2019-2020, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing." 7. Adoption of Resolution No. 2019-013, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2019-20 Project List to be Funded by Senate Bill 1 (SBI) — the Road Repair and Accountability Act" The City Council adopted Resolution No. 2019-013, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2019-20 Project List to be Funded by Senate Bill 1 (SB1) — the Road Repair and Accountability Act"; and authorized the Finance Director to appropriate projected FY 2019-20 SB1 funds in the amount of $1,269,643; and authorized the Director of Public Works to file necessary documentation to satisfy SB 1 funding requirements and act as the signature authority. 8. Consideration of Approval for an Appropriation of Additional Funds for Extraordinary and Unscheduled Maintenance Cost Related to the Citywide Traffic Signal and Street Lighting Maintenance Program The City Council authorized the Director of Finance to appropriate $55,000 from unappropriated funds from Fund #251 — Landscape Lighting Maintenance District (LLMD) for FY 2018/2019 to cover the increase in extraordinary and unscheduled maintenance costs; and authorized the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2018/2019. 9. Adoption of Resolution No. 2019-014, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services, to Reflect Consumer Price Index (CPI) Increases for Fiscal Year 2019-2020" The City Council adopted Resolution No. 2019-014 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services to reflect Consumer Price Index (CPI) Increases for Fiscal Year 2019-2020." 10. Approval of Design -Build Contract with Merge Conceptual Design, LLC. for Professional Services for an Art in Public Space Project, including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays The City Council to authorized the Mayor to execute a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation the Public Art Project, including signs and digital marquee display in the amount not -to - exceed $616,360. Regular Meeting of 04/17/19 Page 5 of 8 11. Housing Element Progress Report 2018 The City Council received and filed the report. 12. Second Reading of Ordinance No. 1438 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter Into a Development Agreement with Rukli, Inc. for the Distribution of Cannabis at the Real Property Located at 4150 Puente Avenue (APN: 8437- 014-014 and 8437-022-008) within the City of Baldwin Park" (item was pulled) This item was not considered. 13. Adoption of Resolution No. 2019-016, Joining California Choice Energy Authority and Other Related Actions The City Council adopted Resolution No. 2019-016 Entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA AUTHORIZING THE CITY'S ENTRY INTO A JOINT EXERCISE OF POWERS AGREEMENT REGARDING THE CALIFORNIA CHOICE ENERGY AUTHORITY AND DIRECTING THE TAKING OF FURTHER ACTIONS RELATED THERETO"; and authorized and directed staff to enter into an Administrative Services Agreement with California Choice Energy Authority; and authorized and directed staff to enter into a Security Agreement with River City Bank; and authorized and directed staff to enter into an Intercreditor and Collateral Agency Agreement with River City Bank and Secured Creditors; and authorized and directed staff to enter into a Deposit Account Control Agreement with River City Bank; and approve Baldwin Park CCA program name "Baldwin Park Resident Owned Utility District (B -PROUD)". CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 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. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Successor's Agency consent calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — February 2019 The Council received and filed the Treasurer's Report. Regular Meeting of 04/17/19 Page 6 of 8 REPORTS OF OFFICERS 14. Approve and Adopt Resolution No. 2019-015 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to rescind Resolution 2019-001 and complete the review and appointment of members to the positions of delegates and alternates of the established committees and organizations presented in Resolution No. 2019-015, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Requests by Councilmember Ricardo Pacheco for City Council discussion and direction to staff on the following: Discussion and direction to staff to contract with a developer to facilitate the acquisition of vacant properties located at 3715 and 3726 Puente Avenue to build affordable housing. The surrounding residents adjacent to these buildings are experiencing an increase in transient crimes by individuals being harbored in these buildings. Many residents have complained about criminal activity, drugs users, threats of violence, and trespassing of private properties. Council Member Pacheco provided comments on abandoned homes and the misuse of such structures by addicts and unplaced citizens and suggested the city consider purchasing these properties by sending a letter of intent to the property owners. Discussion was held amongst the City Council resulting in direction to staff to send a letter noticing property owners located at 3715 and 3726 that the city is interested in converting these buildings into affordable housing. • Discussion and direction to the City Attorney to conduct research and advise whether rent control may be regulated by a municipal agency, such as the City of Baldwin Park under the State of California's current Statutes. At our last City Council Meeting, constituents requested the City Council consider rent control options as many Baldwin Park renters have expressed concerns with rent increases of 25% or more during City Council Meetings and other city functions and seek relief from their City Council representatives. Council Member Pacheco requested the City Attorney review the possibility of placing a freeze on rent control. Regular Meeting of 04/17/19 Page 7 of 8 City Attorney Robert Tafoya stated the city could adopt a policy to address rent control but could not place a freeze on renters arbitrarily. Council Member Hernandez suggested a through report be compiled and presented at a study session to best assess the options. Council Member Avila suggested the city provide information from the agencies who offer assistance and advise on renter rights and commented on the companies assessing the various buildings to convert into affordable housing. Mayor Pro Tem Garcia suggested the Housing Manager provide an all-inclusive presentation with all available housing programs offered to the residents and compile a comprehensive report. Discussion and direction to staff to bring forth an ordinance for City Council's consideration granting the City authority to demolish or obtain a conservatorship to improve vacant buildings sanctioned as a nuisance. Due to neglectful property owners who own vacant buildings, and in response to multiple complaints, the City Council should seek legal remedies to ensure buildings become compliant in accordance with our Municipal Code. Council Member Pacheco requested the city take the lead in improving properties around the city. Mayor Lozano recommended a study session be conducted for this item as well. Mayor Lozano requested the city send a letter to the 99 cent store regarding the maintenance of the parking lot and to visit and address sidewalks with grown grass. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council Member Pacheco, to adjourn the meeting at 8:44 p.m. Mayor: ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 04/17/19 Page 8 of 8 SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Sedgwick CMS The claimant is alleging injury to hand while driving a Foothill Transit bus. Monterosa, Jessica Cristina The claimant is alleging property damage to her vehicle. First Group America aso Joyce The claimant alleges dangerous condition of Clark public property. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Wor DATE: May 1, 2019 I -l/ SUBJECT: Approval of Use Agreement with the ounty of Los Angeles for Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway in Exchange for the Use of County Right -of -Way SUMMARY This report seeks Council consideration for the approval of a Maintenance Agreement allowing the City of Baldwin Park to construct a Class 1 Bikeway along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing on to Baldwin Park Blvd. for the beneficial use by the general public by providing routine maintenance of the proposed commuter bikeway. RECOMMENDATION It is recommended that the City Council approve the Use Agreement with the County of Los Angeles in exchange for the use of County right-of-way for the construction and maintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement. FISCAL IMPACT There is no impact to the general fund. The costs for construction of the proposed improvements are included in the approved FY 2018-2019 Capital Improvement Program (CIP). Maintenance operations costs will be absorbed by the various maintenance cost centers in future Public Works budgets through the term of the Use Agreement. BACKGROUND Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and construction of approximately 2.5 miles of a Class I bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing on to Baldwin Park Boulevard. The proposed commuter bikeway path traverses' jurisdictional boundaries controlled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD), The California Department of Transportation (Caltrans) and the U.S. Army Corps of Engineers. In January 2019, final design plans have been submitted to Los Angeles County Flood Control District, Caltrans, and U.S. Army Corps of Engineers, among other agencies for approvals to obtain encroachment permits for the construction of the bikeway. As part of the permit conditions by the County of Los Angeles for the use of its right-of-way, a Use Agreement needs to be in place for the issuance of the encroachment permit to construct, use, and maintain the bikeway by the City. The construction of the improvements is expected take place in mid to late 2019. DISCUSSION Under the Use Agreement, the City of Baldwin Park agrees to take -on routine maintenance of the constructed bikeway improvements within the County's right-of-way. Maintenance activities are limited and apply only to the premises to be used for bikeway improvements constructed by the City. These include keeping, inspecting and maintaining the bikeway premises in a safe, clean and orderly condition. The City agrees to repair or replace damaged bikeway infrastructure, close all gates and secure the premises from public access during non -operation hours and perform weed, litter and pest control. The City further agrees to remove and abate graffiti within 24 hours upon notice from the County and other graffiti within 72 hours during normal operation hours. The maintenance schedule is attached to this report as Exhibit B of the Use Agreement. The term of the Use Agreement is anticipated for 10 -years, however, at the time of expiration, the Parties, upon approval of the respective governing boards may agree to extend the term of the agreement beyond the initial term. ALTERNATIVES 1. The City Council may choose to reject the Use Agreement. This action is not recommended as rejecting the Use Agreement will delay the completion of the project and the City may risk losing grant funds. Additionally, this project has been leveraged by an Active Transportation Grant (ATP) and the City may risk losing that grant as well. Not delivering on these projects may have an adverse effect on future grant opportunities. 2. Provide Staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Use Agreement Attachment 1 Use Agreement Use Agreement No, Project Name: San Gabriel River Commuter Bikeway Project Right -of -Way Parcels: 73, 116, 153, 154, 155, 156, 157, 381, 566, and 567 Right -of -Way Map Nos.: 6 -RW 7.1 and 20 -RW 11.4 Assessor's Identification Nos.: 8550-001-902, 8550-001-907, 8564-012-901, 8564-012-920, 8564-012-908, 8564-009-908, 8564-014-905, 8564-015-900, 8559-010-900, 8559-013-909 Thomas Guide Page/Grid.: 597-G7, 637-G1, 637-G2, 637-1-12, and 637- J2 Supervisorial District 1 Project No: This Use Agreement is entered into by and between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein referred to as DISTRICT and CITY OF BALDWIN PARK, a municipal corporation in the State of California, herein referred to as USER WHEREAS, DISTRICT owns fee and easement interests to portions of San Gabriel River and Walnut Creek Wash generally located between Ramona Boulevard and Baldwin Park Boulevard, in the cities of Baldwin Park and Los Angeles, State of California, and as more particularly shown on Exhibit A, attached hereto and made a part hereof, hereafter referred to as PREMISES; and WHEREAS, USER proposes to use a portion of PREMISES for public recreational purposes in connection with the USER'S project known as the San Gabriel River Commuter Bikeway Project, hereinafter referred to as Project; and WHEREAS, USER proposes to construct, operate, and maintain certain IMPROVEMENTS on PREMISES in connection with the Project, including but not limited to the removal of existina surface,,,, scarification. and.,cornnactiom construttion.,vf new hereafter referred to as IMPROVEMENTS. Page 1 of 12 NOW, THEREFORE, in consideration of these recitals and the faithful performance by USER and DISTRICT of the mutual covenants herein contained for the period of time herein set forth, DISTRICT and USER hereto mutually agree as follows: SECTION 1. Authorized Use 1.1. USER is authorized and permitted to use PREMISES for the construction, operation, maintenance, and use of IMPROVEMENTS in accordance with the terms and conditions of this Use Agreement and the approved plans. USER is not permitted to dedicate or personalize any IMPROVEMENTS or place signage on the PREMISES without prior written approval by DISTRICT. Any other use of PREMISES by USER is expressly prohibited. 1.2. USER acknowledges San Gabriel River and Walnut Creek Wash is a working flood protection and water conservation facility and USER'S use of the PREMISES shall be subordinate to the primary uses and purposes of the PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission), and USER'S use of the PREMISES shall at no time interfere with the use of PREMISES or the use of DISTRICT'S adjacent property and/or improvements for such purposes or activities. 1.2.1. USER acknowledges that DISTRICT performs periodic maintenance on and within San Gabriel River and Walnut Creek Wash. DISTRICT reserves the right to temporarily restrict or prohibit public access to some or all of the IMPROVEMENTS, as DISTRICT determines to be reasonably necessary to perform these maintenance activities. DISTRICT shall not be responsible for providing alternative bicycle/pedestrian access to or within PREMISES during these maintenance activities. 3 DISTRICT reserves the right to use or allow others to use PREMISES for any and all lawful purposes in addition to flood control, water conservation, and water quality purposes including, but not limited to, public transportation, utilities, roads, parks and recreation, and/or other related uses together with incidental rights of construction and installation of facilities, ingress and egress, operation and maintenance. The exercise of the rights reserved herein shall not be inconsistent with the USER'S use or constitute unreasonable interference. 1.4 This Use Agreement is valid only to the extent of DISTRICT'S jurisdiction. Acquisition of permits required by other affected agencies or agencies with regulatory jurisdiction over PROJECT or IMPROVEMENTS and the consent of underlying fee owner(s) other than DISTRICT, hereinafter collectively referred to as THIRD -PARTY APPROVAL, if any are the responsibility of USER. USER shall be responsible for all costs associated with obtaining and complying with the requirements and conditions of all Page 2 of 12 THIRD -PARTY APPROVALS, including, by way of example, permit fees and compensatory mitigation expenses. USER shall provide DISTRICT copies of all THIRD -PARTY APPROVALS. SECTION 2. Construction and Maintenance of IMPROVEMENTS 2.1. USER understands and acknowledges that it is required to comply with the requirements set forth in the California Environmental Quality Act (CEQA) and the State CEQA guidelines, the National Environmental Policy Act (NEPA) and any applicable NEPA regulations of any federal agency with regulatory jurisdiction over the PROJECT or IMPROVEMENTS prior to implementing IMPROVEMENTS and that USER shall be the lead agency with respect to any and all CEQA compliance related to IMPROVEMENTS. In addition to its other indemnification obligations as specified below, USER hereby agrees to indemnify, defend, and hold harmless DISTRICT and County of Los Angeles and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to IMPROVEMENTS that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. 2.2. USER shall bear all costs in connection with the construction of the IMPROVEMENTS, including preparation of plans and specifications and all construction costs and expenses. 2.3. Prior to commencement of any construction activity on PREMISES by or on behalf of USER, USER shall submit the plans and specification for the IMPROVEMENTS to and shall apply for and obtain a permit from, the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. USER shall also obtain DISTRICT'S prior written approval should USER propose to make any changes to the approved plans and specifications. DISTRICT shall have the right to refuse to issue a permit to USER if the PROJECT, or IMPROVEMENTS, or any condition of any THIRD -PARTY APPROVAL impose additional regulatory requirements or impediments on the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 2.4. Upon completion of the construction of IMPROVEMENTS, USER shall provide DISTRICT with approved as -built plans. 2.5. USER shall keep, inspect, and maintain PREMISES and the IMPROVEMENTS in a safe, clean, and orderly condition at all times during the term of this Use Agreement. USER shall adhere to the minimum maintenance standards as described in Exhibit B attached hereto and made a part hereof, during the term of this Use Agreement and shall not permit Page 3 of 12 trash and debris, including, but not limited to, rubbish, tincans, bottles, and garbage to accumulate at any time, nor shall USER commit, suffer, or permit any waste on PREMISES or IMPROVEMENTS or permit any acts to be done in violation of any laws or ordinances thereon. 2.6. USER shall remove graffiti from PREMISES and IMPROVEMENTS and from any walls, fences, and signs, which are located within PREMISES anytime graffiti is discovered by USER or anytime USER is notified by DISTRICT. Graffiti must be removed within the following guidelines: 2.6.1 Remove vulgar graffiti (i.e., profane, obscene, or racist) within 24 hours, Monday through Friday. 2.6.2 Remove other graffiti within 72 hours, Monday through Friday. 2.7. USER shall replace or repair any property of DISTRICT that becomes damaged by USER or any person entering PREMISES at USER'S invitation or consent, either expressed or implied, within a reasonable time to the satisfaction of DISTRICT or USER shall compensate DISTRICT for the damage within thirty (30) days of the USER'S receipt of an invoice from DISTRICT. 2.8 USER shall close all gates and take all actions necessary to render the PREMISES inaccessible to public access in the event USER abandons its operation and maintenance of IMPROVEMENTS, or when the weather forecast for the next 24-hour period is for one (1) inch of rain or more, or when notified by the DISTRICT. SECTION 3. Terra, 3.1. The term of this Use Agreement shall be for twenty-five (25) years (Initial Term), commencing upon execution by DISTRICT subject to DISTRICT'S right to terminate USER'S use as provided for in Section 4 below. 3.2 This Use Agreement shall expire at the end of the Initial Term provided, however, that DISTRICT, upon approval by DISTRICT'S Board of Supervisors, may extend the term of this Use Agreement beyond the Initial Term, subject to such terms and conditions as it deems appropriate, upon receipt of a written request from USER no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term. Page 4 of 12 SECTION 4. Termination of Use 4.1. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES, pursuant to this Use Agreement, by giving USER at least ninety (90) days' prior written notice under the following conditions: 4.1.1. DISTRICT proposes to implement a project on, or including, the PREMISES for watershed management purposes, including flood control, water conservation, and water quality; and 4.1.2. DISTRICT determines, in good faith, that IMPROVEMENTS and/or USER'S use of PREMISES, or any of them, would be substantially incompatible with the proposed project; and 4.1.3. DISTRICT has notified USER of the basis for DISTRICT'S determination that a substantial incompatibility will exist and has provided USER with a reasonable opportunity to propose modifications to IMPROVEMENTS or USER'S use of PREMISES that will eliminate the incompatibility. 4.2. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least sixty (60) days' prior written notice if: (1) USER breaches any term or condition of this Use Agreement, or (2) changes in federal, state or local laws, rules and regulations result in the presence or use of IMPROVEMENTS imposing additional regulatory burdens or impediments on the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 4.3 DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES if construction of IMPROVEMENTS has not been completed within five (5) years from the date this Use Agreement is fully executed. 4.4. DISTRICT shall have the right to immediately cancel and terminate USER'S use of PREMISES pursuant to this Use Agreement, or in DISTRICT'S sole discretion, to temporarily suspend such use in the event DISTRICT determines, in good faith, that it is necessary for DISTRICT to enter and take exclusive possession of PREMISES in order to respond to an emergency as defined in Public Contract Code Section 1102. In the event of an emergency USER shall bear any expenses associated with the cessation of such use and shall have no rights or claims therefore against DISTRICT. Page 5 of 12 4.5. USER shall have the right to cancel and terminate its use of PREMISES, pursuant to this Use Agreement, for any reason by giving DISTRICT at least sixty (60) days' prior written notice. SECTION 5. Removal of IMPROVEMENTS and Restoration of PREMISES 5.1. Upon the expiration or sooner termination of this Use Agreement, USER shall, at its own expense, remove IMPROVEMENTS and restore the PREMISES to a condition similar to or better than that which existed on the effective date of this Use Agreement, reasonable wear and tear excepted, provided, however that District, upon receipt of a written request from USER, may permit USER to leave all or portion of said IMPROVEMENTS on PREMISES. 5.2 Prior to commencing the removal of IMPROVEMENTS, USER shall apply for and obtain a permit from the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. 5.3. If USER fails to remove IMPROVEMENTS and restore PREMISES within ninety (90) days of the expiration of this Use Agreement or sooner termination of USER'S use of PREMISES pursuant to this Use Agreement, DISTRICT may remove IMPROVEMENTS. 5.4. If DISTRICT removes IMPROVEMENTS pursuant to Subsection 5.3, DISTRICT shall submit a billing invoice to USER indicating the costs and expenses incurred by DISTRICT in connection with the removal of the IMPROVEMENTS and USER shall reimburse DISTRICT all such costs and expenses for removing said IMPROVEMENTS within thirty (30) days of the billing invoice. SECTION 6. Miscellaneous Terms and Conditions 6.1. Indemnification 6.1.1 In accordance with California Government Code Section 895.4, DISTRICT and USER agree to apportion responsibility and indemnification, notwithstanding any other provision of law, as follows: 6.1.1.1. USER shall indemnify, defend, and hold DISTRICT and the County of Los Angeles and their respective officers, employees, and agents harmless from and against any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever arising from or related to the construction, Page 6 of 12 reconstruction, maintenance, operation, use, or removal of IMPROVEMENTS or USER'S breach of any term of this Use Agreement, except to the extent caused by the willful misconduct of DISTRICT. 6.1.1.2. DISTRICT shall indemnify, defend, and hold USER and its officers, employees, and agents harmless from and against any claims, demands, liability, damages, costs, and expenses including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever arising from or related to the construction, reconstruction, maintenance, operation, or removal of any improvements by DISTRICT on, above, or under PREMISES or arising from any and all uses of PREMISES by DISTRICT, except to the extent caused by the willful misconduct of the USER. 6.1.2. USER releases DISTRICT and waives all rights to damages for any loss, costs, or expenses USER may sustain as a result of any damage to or destruction of IMPROVEMENTS or to the PREMISES attributable to DISTRICT'S watershed management activities, including any flood control, water conservation, or water quality activities on or adjacent to, PREMISES or attributable to any flooding caused by inadequacy or failure of DISTRICT'S facilities, except tothe extent caused by DISTRICT'S willful misconduct. 6.1.3. Each party to this Use Agreement shall include the other within the protection of any indemnification clause contained in any ancillary contract relating to the PREMISES. 6.2. Without limiting USER'S indemnification of DISTRICT, USER shall procure and maintain, in full force and effect during the term of this Use Agreement, insurance policies providing for the following insurance coverage: Commercial General Liability and property damage coverage with a combined single -limit liability in the amount of not less than Two Million Dollars ($2,000,000) per occurrence. Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California, which shall indemnify, insure, and provide legal defense for both DISTRICT and USER against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any person retained by USER in the course of carrying out the work or services contemplated in this Agreement. Page 7 of 12 Automobile Liability Insurance: USER shall procure such policy with coverage of not less than One Million Dollars ($1,000,000) per accident. The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents contractors, and employees, shall be named as Additional Insured on all policies of liability insurance. USER shall furnish to DISTRICT a Policy of Insurance evidencing USER'S insurance coverage no later than ten (10) working days after execution of the Use Agreement, but before USER takes possession of the PREMISES. Upon renewal of said policy, USER shall furnish to DISTRICT a Certificate of Insurance evidencing USER'S continued insurance coverage as required herein. The DISTRICT may accept, should USER elect to provide, a Certificate of Self -Insurance. The limits of such self-insurance coverage shall meet or exceed those stated herein. 6.3. USER and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided. 6.4. The parties expressly recognize and intend that in consideration of this Use Agreement, which is solely for USER'S benefit, DISTRICT is not to incur any liability whatsoever for any injury, death, or property damage arising from any use of PREMISES or IMPROVEMENTS by persons who gain entry through openings or areas provided for USER'S use except as provided in Section 6.1.2. 6.5. DISTRICT, its Board, and any authorized officer, engineer, employee, or contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement, all without interference or hindrance by USER, its agents, officers, contractors, employees, or representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT. 6.6. Except as to fuels, lubricants, and products associated with motorized vehicles, equipment, gardening, or maintenance -related substances, or all of the above, USER shall not cause or allow the presence, use, storage, or disposal of any hazardous substances on or about PREMISES without the prior written consent of DISTRICT, which consent shall not be unreasonably denied. In the event of spillage, leakage, or escape of any hazardous substance onto PREMISES, USER shall immediately notify DISTRICT by calling (800) 675-4357. If the spillage, leakage, or escape was caused by Page 8 of 12 USER, USER shall promptly remove any such substance from PREMISES to DISTRICT'S satisfaction. In addition to removing any of USER'S hazardous substances, USER shall be liable for and reimburse DISTRICT for any and all cost and expenses that DISTRICT may incur or suffer as a result thereof. Such responsibility shall include cost or expenses as DISTRICT may incur by reason of Federal, State, local, or other authoritative agency's laws and regulations. Notwithstanding the foregoing, USER shall have no responsibility regarding any spillage, leakage or escape associated with any of DISTRICT'S tenants, licensees, or easement holders. 6.7. Any notice to be given or document to be delivered by DISTRICT or USER to the other party may be delivered in person to either party or by private courier or may be deposited in the U.S. mail, duly registered or certified with postage prepaid and addressed to the party for whom intended as follows: To DISTRICT: Los Angeles County Flood Control District Survey/Mapping & Property Management Division P.O. Box 1460 900 South Fremont Avenue Alhambra, CA 91802-1460 Telephone: (626) 458-7023 or (626) 458-7072, Fax: (626) 979-5322 For Emergencies, contact (626) 458 -HELP (4357) To USER: Page 9 of 12 IN WITNESS WHEREOF, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, by order of its Board of Supervisors, has caused this Use Agreement to be subscribed by the Chair of the Board of Supervisors and the seal of the DISTRICT to be affixed hereto and attested by its executive Officer of the Board of Supervisors, and the USER has caused this Use Agreement to be executed by its duly authorized officer as of the date indicated below. (SEAL) ATTEST: ��B�` Co�r� rel• I�+oA�.s 0 Deputy APPROVED AS TO FORM: MANY E , WICKI"f tl; By Deputy DISTRICT: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By Chair, Board of Supervisors Date USER: CITY OF BALDWIN PARK By Shannon Yauchzee, Chief Executive Officer Date •RAIA ALL-PURPOSE ACKNOWLEDGMENT• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.. State of California 1 County of LOS ANGELES ) On before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within the instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon half of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: USE AGREEMENT (LA Co Flood Control District & City of Baldwin Park) Document Date: Number of Pages: Signer(s) Other Than Named Above: Chair, Board of Supervisors Capacity(les) Claimed by Signer(s) Signer's Name: n Corporate Officer - Title(s): ❑ Partner - c.) Limited o General n Individual o Attorney in Fact Trustee oGuardian or Conservator Other: Signer's,. Name: o Corporate Officer - Title(s): oPartner - o Limited o General • Individual ❑ Attorney in Fact • Trustee o Guardian or Conservator o Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5967 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies, and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code that authorized the use of facsimile signatures of the Chair of the Board on all papers, documents, or instruments requiring the Chair's signature. The undersigned herby certifies that on this day of , 20 , the facsimile signature of ,, Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, was affixed hereto as the official execution of this document. The undersigned further certifies that on this date a copy of the document was delivered to the Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. (LACFCD-SEAL) APPROVED AS TO FORM MARY C. WICKHAM County Counsel Z Deputy LIM Page 11 of 12 Deputy EXHIBIT B SCOPE OF WORK: BIKEWAY MAINTENANCE Action -. Description Frequency Weed Control Keep landscaped areas free of weeds Once (1) a month Remove all weeds from walkways, drainage areas, and cracks in all hard surface areas Once (1) a month Litter Control Remove litter and accumulated debris from landscaped areas Once (1) a week Empty and clean trash cans/receptacles Once (1) a week Replace pet litter bags Once (1) a week DO NOT handle hazardous waste materials Rodent Control Maintain all areas free of rodents, in compliance with Federal, State, and local laws - to be completed by California Certified Applicator As needed 1331 MO -13G 3= 3NI1HOlt1W 3NI1HOIVV4 3NIlHOIVV4 i� t 3N/ �HO1 cv 04 o b3S O 1.1. '�3 J W_ N Of m p � v ea' 6 ^^ 'Z V/ -� nF�p t h; W Fn H Q Y 04I r - Q CL 1331 MOBS 336 1331 M0138 33S 3NI1HOIVV4 3NIlHOIVV4 Ln o 3N/ �HO1 cv 04 o b3S O 3 N } p ea' 6 -� O t O N Fn H Q Y 04I r - Y CL ,� m D fw O W L- O d N t fn La CL o Z133Hs Ln o 3N/ �HO1 cv 04 o b3S O N p QII 6 -� O t O N Y 04I r - ++ cc W D fw O W L- O d N t fn La J A QU V/ �a O C?da�Al1�1P1� LO 0 N O o�»sunwi� STAFF REPORT ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer DATE: May 1, 2019 SUBJECT: Renewal of Grant Writing Services Contract with California Consulting, LLC SUMMARY The purpose of this staff report is to renew the contract for a single consultant services agreement with California Consulting, LLC to continue seeking federal, state, and private grant funding opportunities for Recreation and Community Services and Public Works. California Consulting, LLC will provide services for all grant writing purposes including; discovery, research, unlimited grant writing and grant administration support. RECOMMENDATION Staff recommends the City Council: 1) Approve the Consultant Services Agreement with California Consulting, LLC; and 2) Authorize the Director of Finance to appropriate funds to cover the cost related to the grants applied for including but not limited to General Fund, Prop A Fund, or Future Development Fund. FISCAL IMPACT The cost to retain a grant writing consultant for a period of 12 months totals a maximum of $42,000 (at a retainer in the amount of $3,500 per month plus reimbursable items at a max rate of $100 per month). The cost will be appropriated from funds related to the grants applied for including but not limited to General Fund, Prop A Fund, or Future Development Fund. BACKGROUND In 2016, the City used the services of (2) two different grant writing firms to seek grant funding opportunities to support a variety of City programs, capital improvement projects and services. The California Consulting, LLC represented the (Public Works and Community and Economic Development) at a rate of $3,750 a month plus reimbursables at a max rate of $200 a month. While Del Sol Solutions, LLC represented the Police and Recreation and Community Services Departments at a rate of $4,500 a month plus reimbursables capped at $100 per month. Del Sol Solutions, LLC performed research and submitted a variety of grants for the Police and Recreation and Community Services Department during the service agreement time period. California Consulting, LLC was able to successfully secure a grant in the amount of $200,000. At their City Council meeting on March 20, 2019 staff presented City Council with a 6 -month update on the grant writing firms and requested direction to continue, modify, or end contract agreements with both firms. City Council determined that the contract agreement with Del Sol Solutions would not be considered to continue. California Consulting, LLC offered to represent the Recreation and Community Services and Police Departments becoming the sole grant writing firm representing all City departments at a rate of $4,900 per month plus reimbursables at a max rate of $100 per month. Subsequently, the City Council ratified the amended contract with California Consulting to pursue grants for all City departments at their November 16, 2016 City Council meeting. The direction of the City Council was to bring forth the service agreement with California Consulting, LLC for renewal. At the City Council meeting March 7, 2018 a one year contract extensions was approved. Staff is now bringing forth to City Council a new agreement with California Consulting, LLC for them to continue providing grant -related services. The terms of the agreement continue to be a 12 -month agreement for a reduced monthly compensation of $3,500 compared to the previous amount of $4,900 per month. Staff negotiated this reduction based on the Departments served and the types of grants being applied for. The contract will be for one year with two additional year renewals available. The contract can be ended with 30 -Day notice by either party. The contract can be ended with 30 -Day notice by either party. Since being under contract California Consulting has brought in $1,111,089 in grants. Below is a summary: • Total Grant Awards $1,111,089 • Total Paid to CC $174,200 • Return on Investment 638% • Total Earned for the City $936,889 • Number of Contract Years 38 months LEGAL REVIEW Not Required. ALTERNATIVES The City Council may elect not to approve the Consultant Services Agreement with California Consulting, LLC and provide other direction. ATTACHMENTS 1. California Consulting, LLC Agreement Attachment 1 California Consulting, LLC Agreement GRANT RESOURCES REFERRAL AGREEMENT DATED: May 1, 2019 PARTIES: California Consulting, Inc. (hereinafter the "Consultant"); and City of Baldwin Park (hereinafter the "Client") AGREEMENT: The undersigned hereby agree to the following terms and conditions: Section 1. Duties of Consultant: During the term of this Agreement, Consultant shall provide the Client a referral to a grant resources provider. The grant resources provider will perform the following grant resources for Parks, Recreation and Community Services Department and Public Works Department with the exception of transportation grants: a. Grant research, targeted grant research on projects specifically identified by the client, identification of funding opportunities, and grant writing services at direction of Client; b. Offering Client general advice on matters involving funding mechanisms, grants research, identification, and writing; and c. Perform post -grant award administration on the grants which are awarded to the Client, including the filing of required documents by the prescribed deadlines set by the awarding entity. Section 2. Time for Performance of Duties: Notwithstanding any other term or condition of this Agreement, Client specifically acknowledges that Consultant has other clients and/or outside employment. Consultant shall have control over the time and manner of performing its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall deem appropriate for the performance of its duties under this Agreement. Section 3. Term of the Asreement: The effective date of this Agreement is May 2, 2019, and shall continue until May 1, 2020 and two (2) additional years by renewals. Section 4. Compensation: Client shall pay Consultant $3,500 per month as compensation for Consultant's grant resources referral as described in Section 1. Consultant will provide Client with a written invoice. Client agrees to pay invoice within 30 (thirty) days of receipt. Section 5. Expenses: The Client agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client. Such expenses typically might include, but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice. Section 6. Relationship: Consultant shall perform its grant resources referral hereunder as an independent contractor and not as an employee of the Client or an affiliate thereof. It is expressly understood and agreed to by the parties hereto that Consultant shall have no authority to act for, represent or bind the Client or any affiliate thereof in any manner, except as may be agreed to expressly by the Client in writing from time to time. Section 7. Confidentiality: Except in the course of the performance of its duties hereunder, each party agrees that it shall not disclose any trade secrets, know-how, or other proprietary information not in the public domain learned as a result of this Agreement. Similarly, the parties agree that they shall not disclose or divulge this Agreement, or any of its term or conditions to third parties, except as is necessary to perform the terms and conditions stated herein. Section 8. Indemnification: The Client agrees to indemnify and hold harmless the Consultant, its members, officers, directors, employees, attorneys, and contractors and each person who controls Consultant or any of its affiliates from and against any demands, losses, claims, actions or causes of action, damages, judgment, arbitration awards, liabilities (whether absolute or accrued, contingent or otherwise), costs, and expenses whatsoever (including reasonable costs of investigation or defending any action) to which they or any of them may become subject under any applicable law arising out of Consultant's performance under this Agreement and will reimburse Consultant for all expenses (including counsel fees) as they are incurred. Consultant maintains liability insurance in the amount of one million dollars. Section 9. Assignment: This Agreement shall not be assignable by either party; provided however, that Consultant shall have the discretion to allocate its duties hereunder to owners, affiliates, or employees of Consultant. Section 10. No Guaranteed Result: Client acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above. Section 11. Prior Agreements: This Agreement shall supersede any prior agreements between the parties, and serves as the sole and only agreement between them. This Agreement may only be modified by a writing signed by both parties. Section 12. Governing Law: This Agreement shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be construed in accordance with the laws of said State. Section 13. Attorney's Fees: The prevailing party in any action filed that arises out of this Agreement shall be entitled to recoup their reasonable attorney's fees and costs from the other party. courier to: Section 14. Notices: All notices will be sent via certified mail or overnight Consultant at: California Consulting, Inc. 214 Main Street, Suite 102 El Segundo, CA 90245 Client at: City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 -2- Section 15. Termination: This Agreement may be terminated by either party for any reason not in violation of federal and/or California State law upon thirty (30) days written notice to the other party. Client shall compensate Consultant for all services rendered prior to the date of termination. There shall be no liquidated damages in the event of termination under this provision. IN WITNESS THEREOF, this Agreement is executed on the dates set forth below and effective on the date first set forth above. "CONSULTANT" "CLIENT" California Consulting, Inc. City of Baldwin Park a Steven N. Samuelian, CEO Name: Title: -3- ITEM NO. ra "!tip TO: Honorable Mayor and Members of the City Council of "� FROM: Benjamin Martinez, Community Development Director E EL L E �^qy DATE: May 1, 2019 JAWS SUBJECT: Consideration of a Disposition and Development Agreement with MG Development Group, LLC for a Proposed Industrial Development Project at 13057-13065 Garvey Avenue SUMMARY A request for consideration from the City Council for a Disposition and Development Agreement with MG Development Group, LLC (hereinafter "MG Development") for the purpose of developing a commercial/industrial project. RECOMMENDATION Staff is recommending that the City Council: 1. Provide direction in regards to a Disposition and Development Agreement (DDA) with MG Development; and 2. Authorize the City Manager to execute the agreement after a final review by the City Attorney; and 3. Approve Resolution No. 2019-017, entitled "A Resolution of the City Council of the City of Baldwin Park Approving a Disposition and Development Agreement between the City of Baldwin Park and MG Development Group, LLC (aka MG Development) For a Proposed Industrial Development Project at 13057-13065 Garvey Avenue." FISCAL IMPACT There is a positive fiscal impact to the General Fund from the disposition of vacant city -owned parcels. MG Development has agreed to purchase the property at an appraised value of $890,000. The City may also receive development and permit fees in the future as a result of the development. BACKGROUND On August 3, 2016 City Council adopted Resolution No. 2016-142, which approved the purchase of 3 (APN: 8556-022-906, 907 & 908) vacant parcels owned by the California Department of Transportation (Caltrans) for an amount of $375,000. The Purchase and Sale Agreement required that the city make an initial payment of $37,500 (10%) at the onset of the agreement. On February 3, 2017 the city issued a check to Caltrans for the remaining balance of $337,500. On March 3, 2017 a Director's Deed was recorded, which transferred ownership of the vacant parcels to the city. The city was eventually approached by MG Development about developing the vacant parcels and on March 2, 2018 made an offer to the city to purchase the parcels for $525,000. On May 2, 2018 the city entered into an Exclusive Negotiation Agreement (ENA) that allowed MG Development to further develop, refine and analyze a potential industrial project for the site. The ENA also stipulated that an appraisal be obtained. On July 10, 2018 the city received an appraisal from Wiesman and Associates that valued the parcels at $890,000. MG Development agreed to purchase the lots for the appraised value and continue to move forward with the project. On December 19, 2018 MG Development made a presentation at the City Council Special Meeting where conceptual plans, design options and a site plan were presented. City Council approved moving forward with negotiations of a DDA. On April 4, 2019 the city received a Phase I Environmental Site Assessment and Phase II Subsurface Soil and Soil Gas Investigation report, which concluded that the site is acceptable for commercial/industrial use. Staff is now bringing forth the DDA for City Council's consideration that will begin the process of selling the city -owned parcels to MG Development for them to develop a single commercial/industrial warehouse type building consisting of approximately 15,000 square feet. LEGAL REVIEW The City Attorney has reviewed the DDA with Walbern Development group, LLC and this staff report ALTERNATIVES The City Council may decide to (1) execute the DDA with MG Development; (2) not to execute the DDA with MG Development; or (3) choose to negotiate further on the project. ATTACHMENT 1. Resolution 2019-017 2. Disposition and Development Agreement Attachment 1 Resolution 2019-017 RESOLUTION NO. 2019-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND MG DEVELOPMENT, LLC (AKA MG DEVELOPMENT) FOR A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT AT THE 13057-13065 GARVEY AVENUE WHEREAS, the City of Baldwin Park has identified the need for new industrial warehousing type buildings to be built within the city; and WHEREAS, on May 2, 2018 City Council approved the execution of an Exclusive Negotiating Agreement (ENA) with MG Development, LLC (MG Development) for them to propose the development of a single commercial/industrial warehouse type building consisting of approximately 15,000 square feet at 13057-13065 Garvey Ave.; and WHEREAS, at the December 19, 2018 City Council Special Meeting, MG Development made a presentation regarding the industrial project. This included presenting conceptual plans, design options and a site plan. At the Special Meeting, City Council approved moving forward with the negotiation of the terms of Disposition and Development Agreements (DDA) to sell the city - owned parcels to MG Development for the purpose of developing an industrial project; and WHEREAS, the city has completed a Phase I Environmental Site Assessment and Phase II Subsurface Soil and Soil Gas Investigation report, which concluded that the site is acceptable for commercial/industrial use; and WHEREAS, the City Council held a public meeting on the proposed DDA at which time the City Council evaluated all of the information, testimony and evidence presented, including but not limited to the draft DDA, the City staff report, and the oral and written testimony received from persons wishing to appear and be heard. NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Baldwin Park as follows: 1. That based upon all the information, testimony, and evidence presented at the public meeting, including but not limited to the draft DDA and the information and evidence set forth in the staff report, and the oral and written testimony received, the City Council finds and determines that the draft DDA effectuates the goal of providing new industrial warehousing buildings to be built in the City of Baldwin Park. 2. That the DDA by and between the City of Baldwin Park and MG Development concerning the 13057-13065 Garvey Avenue project, a copy of which is attached as Exhibit A, is hereby approved. This authorization confers upon the City Manager or his designee the authority to take such other and further actions as may be necessary to sign the DDA on behalf of the City and to take such other and further actions as may be necessary and proper to carry out the terms of the DDA and the purpose of this Resolution. This resolution shall become effective immediately upon its approval. 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED this 1 st day of May 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019- was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 1, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Disposition and Development Agreement DISPOSITION AND DEVELOPMENT AGREEMENT by and between the CITY OF BALDWIN PARK, and MG DEVELOPMENT GROUP, LLC 11 1 5 1-0005\2019660v3. do c DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated as of May 1, 2019, and is entered into by and between the CITY OF BALDWIN PARK, ("CITY"), and MG DEVELOPMENT GROUP, LLC, a California limited liability company ("Developer"). RECITALS A. CITY owns the land described on Exhibit "A" (the "Property"). B. CITY and Developer entered into that certain Exclusive Negotiating Agreement (the "ENA") dated May 2, 2018, which among other things, called for the CITY to commission an appraisal of the Property. C. CITY desires to dispose of and Developer desires to acquire the Property from CITY for the purpose of developing a commercial/industrial project as described in the Scope of Development attached hereto as Exhibit `B" (the "Project"). AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement, the parties hereto agree as follows: 1. PURCHASE AND SALE OF THE PROPERTY; PURCHASE PRICE; DEPOSIT. 1.1 Purchase and Sale; Purchase Price. In accordance with and subject to the terms and conditions hereinafter set forth, CITY agrees to sell the Property to Developer, and Developer agrees to purchase the Property from CITY. Per the terms of the ENA, CITY retained a reputable, experienced appraiser, licensed by the State of California and a member of the Appraisal Institute, to prepare an appraisal of the Land (the "Appraisal"), the cost of which Developer paid in full. The Appraisal determined the fair market value of the Land in its current condition, taking into account its existing zoning and entitlement rights. The Appraisal determined the fair market value of the Property as the sum of Eight Hundred Ninety Thousand Dollars ($890,000.00). Based on the Appraisal, CITY and Developer agree to the sum of Eight Hundred Ninety Thousand ($890,000.00) as the purchase price of the Property ("Purchase Price"). . 1.2 Deposit. Not later than five (5) business days after [NAME ESCROW HOLDER] Escrow Holder's confirmation of receipt of executed counterparts of this Agreement from both CITY and Developer, Developer shall deposit the sum of Twenty -Five Thousand Dollars ($25,000.00) with Escrow Holder (together with all interest thereon, the "Deposit"). The Deposit shall be held by Escrow Holder in an interest bearing account. The Deposit shall be credited to the Purchase Price at the Close of Escrow (as defined in Section 1.3). In the event the Close of Escrow does not occur due to a default by Developer, the Deposit shall be delivered to and retained by CITY as liquidated damages for such default. If this Agreement is terminated for any reason other than a default by Developer, then the Deposit shall be returned to 11 1 5 1-0005 \2019660v3. doc Developer. DEVELOPER AND CITY AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH CITY'S DAMAGES BY REASON OF A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW. DEVELOPER AND CITY AGREE THAT THE DEPOSIT AND ALL INTEREST EARNED THEREON IN ESCROW IS A REASONABLE ESTIMATE OF CITY'S DAMAGES IF THE CLOSE OF ESCROW FAILS TO OCCUR DUE TO DEVELOPER'S DEFAULT. ACCORDINGLY, DEVELOPER AND CITY AGREE THAT IN THE EVENT OF A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW, CITY SHALL BE ENTITLED TO THE DEPOSIT AS LIQUIDATED DAMAGES. CITY'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF DEVELOPER'S DEFAULT SHALL BE LIMITED TO THE RECOVERY OF THE DEPOSIT AND ALL INTEREST EARNED THEREON IN ESCROW AND CITY HEREBY WAIVES ALL OTHER CLAIMS FOR DAMAGES OR RELIEF AT LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, ANY RIGHTS TO SPECIFIC PERFORMANCE THAT CITY MAY HAVE PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1680 OR 3389, OR OTHERWISE). Developer Initials: CITY Initials: 1.3 Opening and Closing of Escrow. Within five (5) business days after the execution and delivery of this Agreement, CITY and Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the sale of the Property by CITY to Developer. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. CITY and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement. If there is any conflict between the provisions of this Agreement and the provisions of such additional instructions, the provisions of this Agreement shall control unless expressly noted otherwise. Escrow shall close (the "Close of Escrow") within thirty (30) days after each of the Closing Conditions set forth in Sections 1.5 and 1.6 has been satisfied or waived by the benefited Party or Parties. If any Party reasonably determines that a Closing Condition, as set forth in Sections 1.5 and 1.6, for its benefit will not or cannot be satisfied prior to the Close of Escrow, the Parties shall meet and confer in a good faith effort to determine whether such Closing Condition will be waived or modified, provided that each Party reserves the right to insist upon the full and timely satisfaction of all of the Closing Conditions for its benefit in its sole and absolute discretion. If such meet and confer process is unsuccessful in resolving the matter, any Party not then in default may terminate this Agreement by delivery of written notice to the other Party or Parties and all funds and documents deposited with Escrow Holder shall be promptly refunded or returned, as the case may be, by Escrow Holder to the depositing Party; provided, however, that (i) if Escrow is so terminated as a result of an uncured default by Developer, Escrow Holder shall not return the Deposit to Developer and shall instead pay and disburse the Deposit, including all accrued interest thereon, to CITY, as provided in Section 1.2; (ii) if Escrow is so terminated as a result of an uncured default by either Party, the Party in default shall be responsible for payment of all of Escrow Holder's cancellation fees and costs; (iii) if Escrow is so terminated as a result of an uncured default by CITY nothing in this Agreement shall be deemed to limit or restrict any remedy at law or in equity that Developer may have with respect to said default; and (iv) if Escrow is so terminated for failure of one or -2- 11151-0005\2019660v3. doc more of the Closing Conditions to occur and no Party is in default hereunder, CITY and Developer shall pay in equal amounts all escrow and title cancellation fees and charges. 1.4 Condition of Title, Title Insurance. 1.4.1 Title Exceptions, Survey. CITY shall promptly obtain a preliminary title report for the Property (the "PTR") from the [CHOOSE TITLE COMPANY] ("Title Company") and shall deliver a copy (or cause a copy to be delivered) to CITY together with copies of (or hyperlinks to) all of the title exception documents. Developer shall have until 5:00 p.m. Pacific Time on the date that is thirty (30) days after obtaining the PTR to review and approve or disapprove any title exceptions in the PTR, and notify CITY in writing of any such title exceptions to which Developer objects. Developer's failure to timely deliver such written notice of approved/disapproved title exceptions shall constitute Developer's disapproval of all title exceptions. Developer may also cause an ALTA survey ("Survey") to be performed within thirty (30) days after Developer obtains the PTR and shall promptly deliver a copy of the Survey to CITY together with any objections (if any) to any title exceptions shown on the Survey within said thirty (30) day period. CITY shall have ten (10) business days after delivery by Developer to CITY of any written objection to a title exception to notify Developer in writing that CITY will: (a) remove one or more of the applicable exception(s) or cause them to be removed by the end of the Due Diligence Period (as defined in Section 1.8.2 below) or reasonably insured over by the Title Company (subject, however, to Developer's approval of the form of such insurance); or (b) decline to remove exceptions (or to cause them to be reasonably insured). Failure by CITY to so notify Developer shall be deemed to be CITY's election not to remove or otherwise address the applicable title exception(s). If CITY notifies Developer that CITY will remove (or cause to be removed) one or more of such title exceptions, then CITY shall do so on or before the Close of Escrow (unless this Agreement is terminated by Developer under this Section or Section 1.8.2 below). If CITY fails to so notify Developer as to any exception initially disapproved by Developer, or if CITY expressly declines in writing to remove or insure over title exceptions, then Developer shall have an additional ten (10) day period after the expiration of CITY's ten (10) day response period or the date Developer receives CITY's timely response, whichever first occurs, to notify CITY in writing of Developer's election to either (a) terminate this Agreement or (b) accept title subject to the title exceptions that CITY has not agreed to remove. A failure of Developer to timely respond shall constitute Developer's election to terminate this Agreement. If Developer fails to so terminate this Agreement, Developer shall be deemed to have approved and accepted the applicable title exceptions (which, together with any title exceptions approved or created by Developer, are hereinafter referred to as the "Approved Title Exceptions"). As used herein, the term "Disapproved Title Exceptions" shall mean any title exceptions that the CITY has agreed to remove, cause to be removed, or cause to be "insured over." Notwithstanding any other provision set forth in this Agreement to the contrary, CITY hereby agrees to remove from title prior to the Close of Escrow any monetary lien or encumbrance, with the exception of the lien of non -delinquent property taxes and assessments (to be prorated as of the Close of Escrow). In the event that the Title Company amends or updates the PTR after the Developer's approval of the initial PTR (each, a "PTR Update"), Developer shall furnish CITY with a written statement of approval or objections to any matter first raised in a PTR Update within five (5) business days after its receipt of such PTR Update and a copy of each new -3- 11 1 5 1-0005\2019660v3. doc exception raised therein (each, a "PTR Update Review Period"). Should Developer fail to notify CITY in writing of any objections to any matter first disclosed in a PTR Update prior to the expiration of the PTR Update Review Period, as applicable, Developer shall be deemed to have approved such matters which shall then be considered Approved Title Exceptions. If, however, Developer objects to such new exception, then CITY shall have until 5:00 p.m. Pacific Time on the fifth (5th) business day after receipt of Developer's objections in which to notify Developer, in CITY's sole discretion, either (i) remove one or more of the applicable exception(s) or cause them to be removed by the Close of Escrow or reasonably insured over by the Title Company (subject, however, to Developer's approval of the form of such insurance); (b) decline to remove exceptions (or to cause them to be reasonably insured). If CITY fails to so notify Developer as to any exception, or declines to remove or insure over title exceptions, then Developer may terminate this Agreement by written notice to CITY delivered on or before the expiration of the Due Diligence Period, then Developer shall have until 5:00 p.m. Pacific Time on the fifth (5th) business day after CITY's election (or deemed election) not to cure the disapproved exception in which to elect (A) to terminate this Agreement by written notice to CITY or (B) to waive in writing Developer's previous disapproval of (and thereby accept) any items that CITY does not elect to remove. If Developer gives CITY such written notice of termination, then this Agreement shall thereupon terminate without further action by the Parties. If Developer fails to make an election within the five (5) business day period referenced above, then Developer shall be deemed to have agreed to accept title subject to the matters first disclosed in the PTR Update and such matters shall be deemed to be Approved Title Exceptions hereunder. If this Agreement is terminated in accordance with this subsection, then, notwithstanding anything to the contrary contained in this Agreement, the Deposit shall be returned to Developer and the Parties shall have no further obligation to one another hereunder except to the extent any such obligation expressly survives the termination of this Agreement. 1.4.2 Grant Deed, Title. At the Close of Escrow, CITY shall convey title to the Land to Developer by grant deed in the form attached hereto as Exhibit "D" (the "Grant Deed"). Title to the Land shall be conveyed subject to: (i) current real property taxes and assessments not yet due for the tax year during which the conveyance occurs (prorated between CITY and Developer as of the Close of Escrow), (ii) all Approved Title Exceptions, and (iii) the terms of this Agreement, as referenced in the Grant Deed (collectively, the "Permitted Exceptions"). 1.5 CITY Conditions to Close of Escrow. The obligation of CITY to close Escrow shall be subject to the satisfaction (or express written waiver by the Executive Director) of each of the following conditions (collectively, the "CITY Conditions"): 1.5.1 All of the Project Development Approvals (as defined in Section 5.13) shall be final and in full force and effect. 1.5.2 Developer shall have deposited all funds and documents into the Escrow that Developer is obligated to deposit. 1.5.3 Developer shall have performed, observed, and complied with all other covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with on its part prior to or as of the Close of Escrow. -4- 11151-0005\2019660v3.doc 1.5.4 The representations and warranties of Developer set forth in this Agreement shall be true and correct as of the Close of Escrow in all material respects. 1.6 Developer Conditions to Close of Escrow. The obligations of Developer to close Escrow shall be subject to the satisfaction (or express written waiver by Developer) of each of the following conditions (collectively, the "Developer Conditions"): 1.6.1 All of the Project Development Approvals (as defined in Section 5.13) shall be final and in full force and effect. 1.6.2 There shall have been no change to the physical and environmental condition of the Property after the date of this Agreement and no new title exceptions encumbering title to the Property after the date of the PTR that, in either case, would materially and adversely affect the development, use, or operation of the Project, as determined by Developer in its sole and absolute discretion. 1.6.3 CITY's removal (or Title Company's reasonably insuring over in form and substance reasonably acceptable to Developer) all Disapproved Title Exceptions. 1.6.4 CITY shall have deposited all funds and documents into the Escrow that CITY is obligated to deposit. 1.6.5 The Title Company shall have committed to issue at the Close of Escrow an ALTA standard owner's Title Insurance Policy in the amount of the Purchase Price (or such greater amount as may be requested by Developer and with any extended coverage and endorsements as may be requested by Developer), showing fee simple title to the Land vested in Developer (or Developer's permitted or approved Transferee as provided in Section 4.1 of this Agreement), subject only to the Permitted Exceptions (the "Title Policy"). 1.6.6 CITY shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow. 1.6.7 The representations and warranties of CITY set forth in this Agreement shall be true and correct as of the Close of Escrow in all material respects. 1.7 Costs; Escrow Holder Settlement Statement. 1.7.1 Developer shall be solely responsible for all costs and expenses related to the Survey (if elected to be obtained by Developer), the costs of extended title insurance coverage, any marginal cost to obtain title insurance coverage in excess of the amount of the Purchase Price, any title insurance endorsements (other than those obtained by CITY to "insure -over" a title exception), and fifty percent (50%) of the Escrow fees. CITY shall be responsible for the other fifty percent (50%) of the Escrow Fees, the costs of the standard Owner's policy of title insurance in the amount of the Purchase Price, documentary transfer taxes, and any endorsements obtained by CITY to "insure -over" title exceptions. -5- 11151-0005 \2019660v3. doc 1.7.2 Escrow Holder is authorized on the Close of Escrow to pay and charge the Developer for any fees, charges, and costs payable under Section 1.7.1 as set forth on the settlement statements approved by the Parties. Before such payments are made, Escrow Holder shall notify CITY and Developer of the fees, charges, and costs necessary to close under the Escrow, by delivering draft settlement statements to the Parties for their mutual approval. 1.8 Physical and Environmental Condition of the Property. 1.8.1 "As -Is" Sale. Developer acknowledges and agrees that, except as expressly set forth herein, Developer is acquiring the Land in its "AS IS" physical and environmental condition, WITH ALL FAULTS, IF ANY, AND, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED and neither CITY nor any agents, representatives, officers, or employees of CITY have made any representations or warranties, direct or indirect, oral or written, express or implied, to Developer or any agents, representatives, or employees of Developer with respect to the physical and environmental condition of the Land, its fitness for any particular purpose, or its compliance with any laws, and Developer is not aware of and does not rely upon any such representation to any other party. Except as expressly set forth herein, neither CITY nor any of its representatives is making or shall be deemed to have made any express or implied representation or warranty, of any kind or nature, as to (a) the physical and environmental status of the Land, (b) the Land's compliance with applicable laws pertaining to its physical and environmental condition, (c) the accuracy or completeness of any information or data provided or to be provided by CITY with respect to the physical and environmental condition of the Land, or (d) any other matter relating to the physical and environmental condition of the Land. 1.8.2 Delivery of Document by CITY; Inspections by Developer; Due Diligence Period. CITY shall deliver to Developer copies of all material documents in the possession of CITY that pertain to the Property (the "Documents") within ten (10) business days of opening of Escrow. Developer shall defend, indemnify and hold CITY harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys' fees and cost) resulting from the entry onto the Property for such purposes or for purposes of performing the Survey; provided, however, such indemnification shall not extend to Developer's mere discovery of pre-existing conditions on the Property. If Developer disapproves of any condition of the Property or any Document, which approval or disapproval shall be in Developer's sole and absolute discretion, then Developer may terminate this Agreement by written notice to CITY given on or prior to 5:00 P.M. Pacific Time on the twenty- first (21 st) day after the opening of Escrow ("Due Diligence Period") that describes the basis for the disapproval. 1.8.3 Releases and Waivers. Developer acknowledges and agrees that in the event Developer does not approve of the condition of the Property under Section 1.8.2, Developer's sole right and remedy shall be to terminate this Agreement under and in accordance with Section 1.8.2. Consequently, Developer hereby waives any and all objections to or complaints regarding the Property and its condition, including, but not limited to, federal, state or common law based actions and any private right of action under state and federal law to which the Land is or may be subject, including, but not limited to, Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. Sections 9601, et seq.), the Resources Conservation and Recovery Act of 1976 (42 U.S.C. -6- 11151-0005\2019660v3. doc Section 6901, et seq.), the Clean Water Act (33 U.S.C. Section 1251, et seq.), the Safe Drinking Water Act (42 U.S.C. Section 300f, et seq.), and the Toxic Substance Control Act (15 U.S.C. Section 2601, et seq.), and any similar environmental state or local statutes, regulations, rules or requirements. Developer further hereby assumes the risk of changes in applicable laws and regulations relating to past, present and future environmental conditions on the Property and the risk that adverse physical characteristics and conditions, including, without limitation, the presence of hazardous materials or other contaminants, may not have been revealed by its investigations. Developer and anyone claiming by, through or under Developer also hereby waives its right to recover from and fully and irrevocably releases CITY and its council members, board members, employees, officers, directors, representatives, agents, servants, attorneys, successors and assigns ("Released Parties") from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any defects, errors, omissions or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in the future be determined to be hazardous materials or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or removed from the Land under current or future federal, state and local laws regulations or guidelines), valuation, salability or utility of the Land, or its suitability for any purpose whatsoever, and (ii) any information furnished by the Released Parties under or in connection with this Agreement (other than the CITY's representations and warranties hereunder). This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release to CITY. Developer specifically waives the provision of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR." In this connection and to the extent permitted by law, Developer hereby agrees, represents and warrants that Developer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to CITY by Developer in exchange for CITY's performance hereunder. Developer hereby agrees that, if at any time after the Close of Escrow any third party or any governmental agency seeks to hold Developer responsible for the presence of, or -7- 11151-0005\20196600.doc any loss, cost or damage associated with, hazardous materials in, on, above or beneath the Land or emanating therefrom, then Developer waives any rights it may have against CITY in connection therewith, including, without limitation, under CERCLA and Developer agrees that it shall not (i) implead the CITY, (ii) bring a contribution action or similar action against CITY, or (iii) attempt in any way to hold CITY responsible with respect to any such matter. The provisions of this Section 1.8.3 shall survive the Close of Escrow. CITY and Developer have each initialed this Section 1.8.3 to further indicate their awareness and acceptance of each and every provision hereof. CITY'S INITIALS DEVELOPER'S INITIALS 1.8.4 Environmental Indemnity. From or after the Close of Escrow, Developer shall indemnify, protect, defend and hold harmless CITY, and CITY's officials, officers, attorneys, employees, consultants, agents and representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising directly or indirectly out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous materials or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean- up of any hazardous materials caused by or resulting from any hazardous material, or toxic substances or waste first coming onto any portion of the Property after the Close of Escrow. 1.9 Deposits into Escrow by CITY. 1.9.1 CITY hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow: 1.9.1.1 A Grant Deed duly executed and acknowledged by the CITY, in the form attached hereto as Exhibit "D". 1.9.1.2 If required by Escrow Holder, the affidavit as contemplated by California Revenue and Taxation Code 590 ("Withholding Affidavit"); 1.9.1.3 If required by Escrow Holder, a Certification of Non Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate'); 1.9.1.4 Such proof of CITY's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue Developer's policy of title insurance. 1.10 Deposits into Escrow by Developer. 1.10.1 Developer hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents duly executed and -8- 11151-0005\2019660v3. doc acknowledged where appropriate, the delivery of each of which shall be a condition of the Close of Escrow: 1.10.1.1 The Purchase Price (less the Deposit previously deposited), plus Developer's share of escrow and title fees and closing costs. 1.10.1.2 The Grant Deed duly executed and acknowledged by Developer. 1.11 Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (i) The Title Company can issue in favor of Developer a standard owner's policy (or, at Developer's election, an extended coverage ALTA owner's policy) of Title Insurance, with liability equal to the Purchase Price (or such greater amount as shall have been requested by Developer), showing the Property vested in Developer subject only to the Permitted Title Exceptions (the "Title Policy"). (ii) CITY and the Developer shall have deposited in Escrow the documents and funds required pursuant to Sections 1.9 and 1.10, and Developer shall have deposited in Escrow the Purchase Price. (iii) CITY and Developer shall have confirmed to Escrow Holder that all CITY Conditions and Developer Conditions have been satisfied or expressly waived in writing by the Party benefited thereby. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of Developer's title insurance policy. 1.12 Escrow's Closing Actions. On the Close of Escrow, Escrow Holder shall: 1.12.1 Record the Grant Deed in the Official Records of Los Angeles County; 1. 12.2 Issue the Title Policy (or cause the Title Company to issue the Title Policy); 1. 12.3 Prorate taxes, assessments, rents, and other charges as of the Close of Escrow in accordance with the settlement statements approved by the Parties, pay the costs shown thereon, and charge CITY and Developer accordingly; 1. 12.4 From funds deposited by Developer, pay the Purchase Price to CITY (less costs payable by CITY as shown on the approved Settlement Statement) and return any excess Developer funds to Developer; -9- 11151-0005\2019660v3.doc 1. 12.5 Prepare and deliver to both Developer and the CITY one signed copy of Escrow Holder's settlement statement showing all receipts and disbursements of the Escrow; 1. 12.6 Cause copies of the Title Policy, Grant Deed, and any other documents recorded through the Escrow to be delivered to Developer, 1.12.7 If applicable, deliver the FIRPTA Certificate and the Withholding Affidavit to Developer; 1. 12.8 Prepare and deliver to each Party one signed copy of Escrow Holder's final closing statement showing all receipts and disbursements of the Escrow; and 1. 12.9 If applicable, facilitate the processing of necessary paperwork with an Internal Revenue Code 1031 exchange accommodator for the Developer's benefit. 2. REMEDIES AND TERMINATION. 2.1 Performance. If either party (the "Nonperforming Party") shall fail to satisfy any obligation of such Nonperforming Party under this Agreement by the date or prior to the expiration of the applicable performance period specified in this Agreement for such satisfaction (and, if no date or period shall be so specified, within ten (10) days after the other party's delivery of written notice of such failure to the Nonperforming Parry), such failure shall constitute a default of the Nonperforming Party under this Agreement. 2.2 CITY's Remedies for Developer's Default. If Developer shall default under this Agreement, Developer shall be entitled for its sole and exclusive remedy for such default to terminate this Agreement, cancel the Escrow, and retain Developer's Deposit, including all interest earned thereon in the Escrow, as liquidated damages to CITY pursuant to, and in accordance with, Section 1.2, the CITY and Developer shall be mutually released from any further duty or liability under the Agreement. 2.3 Developer's Remedies For CITY's Default. If CITY shall default under this Agreement, Developer shall be entitled, at Developer's election exercised by written notice to CITY, to one or the other of the following remedies: (a) to terminate this Agreement, cancel the Escrow, receive a refund of its Deposit or (b) to commence, by filing of the applicable pleadings in a court of competent jurisdiction subject to the venue requirements of this Agreement, within thirty (30) days after the earlier of. (i) the date of claimed default of CITY or (ii) the Closing Date, and diligently prosecute a legal action for specific performance of this Agreement. 2.4 Remedies for Default After the Close of Escrow. In the event of a Default by any Party after the Close of Escrow, a non -defaulting Party shall be entitled to the following remedies, as applicable: a defaulting Party shall be liable to the non -defaulting Party for all damages, costs and losses incurred by the non -defaulting Party, and the non -defaulting Party -10- 11151-0005\2019660v3.doc may seek against the defaulting Party any available remedies at law or equity, including but not limited to the right to receive damages or to pursue an action for specific performance. 2.5 Force Majeure. Notwithstanding anything to the contrary in this Agreement, nonperformance by a Party shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such Party (a "Force Majeure Delay"): (i) the filing and pendency of any Third Party Litigation; (ii) the failure by CITY to take final administrative action to approve an application for any of Developer's proposed Project Development Approvals within sixty (60) days after the date Developer submits a complete application therefor; (iii) the failure by CITY to complete the first plan check for the Plans and Specifications submitted by Developer for the Project and return plan check corrections to Developer or its architect within thirty (30) days after CITY's receipt of Developer's initial application; (iv) the failure by CITY to complete subsequent plan checks submitted by Developer for the Project and return plan check corrections to Developer or its architect within fifteen (15) days after CITY receipt of re-submittal(s); (v) building or development moratoria; (vi) the failure by Developer to perform that is attributable to any strike, lockout, or other labor or industrial disturbance (whether or not on the part of the employees of a Party hereto), civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; (vii) delay attributable to severe weather, lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion; or (viii) the failure by any Party to perform that is attributable to any other cause beyond the reasonable control of the Party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay, or stoppage due to any Force Majeure Delay shall excuse the performance of the Party affected for a period of time equal to any such prevention, delay, or stoppage (except the obligations of a Party to pay money to another Party) provided that the Party claiming the Force Majeure Delay notifies the other Party of the Force Majeure Delay within a reasonable time (not to exceed thirty days) after the commencement of the Force Majeure Delay. 2.6 No Speculation. The rights established in this Article are to be interpreted in light of the fact that CITY will convey the Land to Developer for development of the Project and not for speculation in undeveloped land or for construction of different improvements. 2.7 No Personal Liability. No representative, agent, attorney, consultant, or employee of CITY shall personally be liable to the Developer or any successor in interest of Developer, in the event of any Default or breach by CITY, or for any amount which may become due to Developer or any successor in interest, on any obligation under the terms of this Agreement. No member, manager, officer, representative, agent, attorney, consultant, or employee of Developer shall personally be liable to CITY or any successor in interest of CITY, in the event of any Default or breach by Developer, or for any amount which may become due to CITY or any successor in interest, on any obligation under the terms of this Agreement. 2.8 Rights and Remedies are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same breach or default or any other breach or default by a breaching or -11- 11151-000512019660v3. do c defaulting Party; provided, however, that liquidated damages specified herein shall constitute the sole damages recoverable for a breach or default giving rise to such liquidated damages. 2.9 Inaction Not a Waiver of Default. Any failures or delays by a Party in asserting any of its rights and remedies as to any breach or default shall not operate as a waiver of any breach or default or of any such rights or remedies, or deprive any other Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. The acceptance by a Party of less than the full amount due from any other Party shall not constitute a waiver of such Party's right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction. 3. INDEMNITY. 3.1 Indemnity. From and after the date of this Agreement, Developer shall indemnify, defend, protect, and hold harmless CITY and their respective council members, board members, officials, employees, consultants, and agents (collectively, the "Indemnified Parties") from and against all claims, liabilities, losses, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorneys' fees) and demands of any nature whatsoever (collectively, "Claims") arising out of or in connection with any of the following: (i) any Third Party Litigation (subject to CITY's obligations with respect thereto, as set forth in Section 5.14); (ii) Developer's development and construction of the Project and the use, ownership, management, occupancy, or possession of the Property or any part thereof by Developer; (iii) any of Developer's activities on the Property (or the activities of Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Property); and (iv) any breach or default by Developer hereunder (subject to any liquidated damages provisions otherwise contained in this Agreement). The foregoing indemnity obligations shall apply regardless of whether such Claims accrue or are discovered before or after termination or expiration of this Agreement. Notwithstanding the foregoing, however, the foregoing indemnity obligations shall not apply to (i) acts or omissions involving the willful misconduct, gross negligence, or sole active negligence of one or more of the Indemnified Parties, or (ii) acts or omissions involving a breach or Default by CITY of any of its obligations set forth in this Agreement. CITY shall promptly notify Developer of any Claim that is subject to Developer's indemnity obligation hereunder and shall cooperate with Developer in the defense of said Claim. As long as Developer indemnifies the Indemnified Parties as required in this Section 3, Developer shall retain the authority to settle any Claim at Developer's sole cost and expense; provided, however, that Developer shall not have the right as part of any settlement to unilaterally agree to change or amend any provision of this Agreement or any of the Project Development Approvals (as defined in Section 5.13). CITY may in its discretion, and at its own cost, participate in the defense of any legal action naming CITY. The provisions of this Section shall survive the Close of Escrow and shall survive the termination of this Agreement. 4. REPRESENTATIONS AND WARRANTIES. 4.1 Developer Representations. Developer represents and warrants to the CITY as of the date of this Agreement and as of the Close of Escrow that: -12- 11151-0005\2019660v3. doe (i) Each of the entities comprising Developer is a limited liability company validly existing and in good standing under the laws of the State of California. (ii) Developer has duly authorized the execution and performance of this Agreement and the execution and performance of all of the closing documents set forth herein. (iii) Developer's execution and performance of this Agreement and the closing documents will not violate any provision of the Developer's operating/LLC agreement or any deed of trust, lease, contract, agreement, instrument, order, judgment or decree by which Developer is bound. (iv) The Developer has not engaged a broker with respect to the purchase of the Land contemplated herein. 4.2 CITY Representations. CITY represents and warrants to Developer as of the date of this Agreement and as of the Close of Escrow that: (i) The execution of this Agreement by CITY was authorized at a regularly scheduled and open public meeting of CITY's Board of Directors. (ii) CITY's performance of its obligations set forth in this Agreement and the transactions contemplated by this Agreement have been duly authorized by all requisite actions on the part of CITY, and no other authorization or consent by CITY is required for CITY's execution and performance of this Agreement. (iii) There is no Third Party Litigation pending against CITY or any official, officer, member, or employee of CITY before any court or administrative agency which could adversely affect CITY's ability to perform any of its obligations set forth herein. (iv) Neither this Agreement nor anything provided to be done hereunder by CITY violates or will violate any contract, agreement, or instrument to which CITY is a party. (v) CITY has not engaged a broker with respect to any of the transactions contemplated by this Agreement and CITY will indemnify, defend, and hold harmless Developer from and against any claim asserted by a broker retained or claiming to have been retained by the CITY with respect to its sale of the Land as contemplated herein. 5. GENERAL PROVISIONS. 5.1 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by reputable overnight messenger, or by electronic transmission with a hard copy deposited in United States mail. Notices shall be considered given upon the earlier of (a) one business day following deposit or delivery with a nationally recognized overnight courier delivery charges prepaid, or (b) upon delivery or -13- 11151-0005 \2019660v3. doc attempted delivery as shown on the return receipt if sent by certified mail, or (c) upon delivery if by electronic mail. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice: To CITY: CITY of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: CITY Manager E-mail: syauchzee@baldwinpark.com With a copy to: CITY of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: CITY Attorney Email: rtafoya@tafoyagarcia.com To Developer: MG Development Group, LLC 3356 Wisconsin Avenue South Gate, CA 90280 Attn: Michael Galanakis E-mail: michael@mgdevgroup.com 5.2 Construction. The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. 5.3 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed by excluding the first day and including the last day. If the date for performance falls on a Saturday, Sunday, or legal holiday, the date for performance shall be extended to the next business day. All references in this Agreement to a number of days in which any Party shall have to consent approve or perform shall mean calendar days unless specifically stated to be business days. 5.4 Time of the Essence. Time is of the essence of this Agreement. 5.5 Assignment. Following the Agreement Date, neither party shall further assign, transfer, or convey any interest of such party under this Agreement or with respect to the Property except, as relates to Developer, as provided below, and any attempted assignment, transfer or conveyance without such prior written approval shall be void and without force or effect. Prior to the Close of the Escrow, Developer shall be entitled to assign, transfer, or convey all interests of Developer under this Agreement to a successor entity or transferee designated by -14- 11 1 5 1-0005\2019660v3. doc Developer provided Developer gives ten (10) days prior notice to CITY and further provides that transferee shall assume all obligations of Developer under this Agreement in writing in a form reasonably satisfactory to CITY. Notwithstanding the preceding, Developer is permitted to assign its interest under this Agreement in order to complete an Internal Revenue Code Section 1031 transaction. 5.6 Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers, and attorneys. 5.7 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. 5.8 Entire Agreement. This Agreement, together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. 5.9 Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 5.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, and there are no third party beneficiaries of this Agreement. No other person shall have any right of action based upon any provision of this Agreement. 5.11 Governing Law; Jurisdiction; Service of Process. This Agreement and the rights of the Parties shall be governed by California law. The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of Los Angeles. If any legal action is commenced by Developer against CITY, or by CITY against Developer, service of process on CITY shall be made by personal service upon the executive director or secretary of CITY, or in such other manner as may be provided by law. If any legal action is commenced by CITY against Developer, service of process on Developer shall be made by personal service on Michael Galanakis at Developer's address for notices (in Section 5.1 above) or in such other manner as may be provided by law. 5.12 Survival. The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed) and the delivery of all consideration. -15- 11151-0005\2019660v3.doc 5.13 CITY Actions and Project Development Approvals and Plans and Specifications. In addition to any provisions of this Agreement that gives the Executive Director the authority to make decisions and grant approvals, CITY hereby authorizes the Executive Director to deliver such approvals, consents as are contemplated by this Agreement, waive requirements under this Agreement, and modify this Agreement, on behalf of CITY provided that the applicable approval, consent, waiver, or modification is not substantial i.e., does not change the fundamental business transaction between Developer and CITY, as determined by the Executive Director in his reasonable discretion). Developer's application for discretionary CITY land use permits and approvals that must be issued in order to authorize Developer to develop the Project (the "Project Development Approvals"), shall not be disapproved by CITY for reasons inconsistent with the Scope of Development (attached as "Exhibit B") and otherwise shall act reasonably in considering same and shall be considered and decided upon by the City within the time(s) set forth in the Schedule of Performance (attached as "Exhibit C"). Developer's application for the Project Development Approvals shall be consistent with the Scope of Development. If CITY disapproves Developer's application(s) for any of the Project Development Approvals, its disapproval shall be in writing, shall identify the reasons for the disapproval, and shall specify the actions that Developer needs to take to obtain CITY's approval. Notwithstanding any other provision set forth in this Agreement, if CITY changes the Project through its final action on Developer's application(s) for the Project Development Approvals (e.g., by reducing the number parking spots or square footage of the structure inconsistent with the terms set forth herein) or imposes conditions or requirements on the Project that Developer reasonably determines render the Project infeasible (e.g., CITY imposes a requirement for the construction or installation of material offsite public improvements beyond the perimeter public rights-of-way immediately adjacent to the Property that would not typically be imposed for a project such as the Project or imposes a mitigation fee or exaction requirement in excess of the generally applicable fees or exactions that are applicable to the Project as of the date of this Agreement), Developer shall have the right to terminate this Agreement upon delivery of written notice to CITY. If Developer does not deliver written notice to CITY of Developer's intention to terminate this Agreement for such cause within thirty (30) days after CITY takes final action on the Project Development Approvals, Developer shall be conclusively deemed to have waived any right of termination it might have under this Section 5.13. Within the time(s) set forth in the Schedule of Performance, Developer shall file complete Plans and Specifications for the Project with CITY in sufficient detail to enable Developer to obtain Building Permits. Developer's Plans and Specifications shall be consistent with the Scope of Development and the Project Development Approvals. CITY's Executive Director shall have the authority on behalf of CITY to review and approve or disapprove Developer's Plans and Specifications and shall do so within the time(s) set forth in the Schedule of Performance; provided, however, that if CITY takes final action on any of Developer's Plans and Specifications and CITY's Executive Director has failed to formally act thereon, CITY's Executive Director shall conclusively be deemed to have acted consistently with the action taken by CITY. The Executive Director shall not unreasonably withhold or condition his/her approval of the Plans and Specifications and shall approve the same provided that they are consistent with the Scope of Development and the Project Development Approvals, as applicable, and generally applicable CITY codes and requirements. If the Executive Director disapproves any of the Plans -16- 11 1 5 1-0005\2019660v3. doc and Specifications, his/her disapproval shall be in writing, shall identify the reasons for the disapproval, and shall specify the actions Developer needs to take to obtain CITY's approval. In connection with construction of the Project, Developer shall comply in all respects with the Project Development Approvals and the Plans and Specifications approved by CITY's Executive Director, as applicable. 5.14 Cooperation in the Event of Third Party Litigation. In the event legal action is instituted by a third party, including any other governmental entity or official, challenging the validity or enforceability of any provision of this Agreement or any of the Project Development Approvals or any other action by any Party in performing hereunder (herein, "Third Party Litigation"), the Parties hereby agree to affirmatively cooperate with each other in defending said Third Parry Litigation and the validity of each provision of this Agreement and the challenged Project Development Approval(s) or such other action(s); provided, however, that Developer agrees to and shall defend, indemnify, save and hold CITY and their elected and appointed representatives, boards, commissions, offices, agents, employees, consultants and attorneys (collectively, the "CITY" in this Section 5.14) harmless from any and all claims, costs, and liability, including without limitation, court costs and attorneys' fees awarded to any party, to the extent they result from any such Third Party Litigation, and shall reimburse the CITY for its actual costs in defense of the Third Party Litigation, including, but not limited to the time and expenses of the CITY Attorney's Office and any consultants. As the indemnifying Party and provided that Developer demonstrates to CITY, to CITY's reasonable satisfaction, that Developer has the financial wherewithal to indemnify the CITY hereunder at the time of any such Third Party Litigation, Developer shall at all times retain final authority and control over all documents to be filed in such Third Party Litigation and notwithstanding the provisions of this Section 5.14, the CITY shall be deemed to have waived its rights to be indemnified hereunder if the CITY settles any Third Party Litigation, in whole or in part, or files any documents in such Third Party Litigation without Developer's prior written approval, which approval shall not be unreasonably withheld. This section shall survive any judgment invalidating all or any part of this Agreement. The Developer shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against the CITY or the Developer, or both, resulting from any such legal action. The Developer shall be entitled to any award of attorneys' fees arising out of any such legal action. 5.15 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument. -17- 11151-0005\2019660v1 doc IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. DEVELOPER: MG Development Group, LLC, a California limited liability company Michael Galanakis President 11151-0005\20196600. doc CITY: CITY OF BALDWIN PARK LO- Manuel Lozano, Mayor ATTEST: Alejandra Avila, CITY Clerk APPROVED AS TO FORM: -18- EXHIBIT "A" LEGAL DESCRIPTION OF LAND A-1 11151-0005\2019660v3.doc EXHIBIT "B" SCOPE OF DEVELOPMENT Unless otherwise expressly indicated or the context requires, all capitalized terms shall have the same meaning as in the body of the Agreement. I. GENERAL DESCRIPTION The Property shall be designed and developed as a single commercial/industrial warehouse or manufacturing type building, with a [Contemporary or Mission] style architectural design, consisting of a footprint of approximately 11,750 square feet plus a 4000 square foot mezzanine. The development shall be a master planned commercial/industrial development with on-site parking of twenty-one (21) stalls, including some parking in the rear setback area and landscaping, in which the buildings, improvements, and landscaping will have architectural excellence, consistent with the attached site plan and elevations, and consistent with the Municipal Code, standard CITY conditions for discretionary actions, the applicable general plan, and those conditions imposed through the subdivision process. The improvements to be constructed on the Property shall be of high architectural quality, shall be well landscaped, and shall be effectively and aesthetically designed. [ATTACH SITE PLAN] B-1 11151-0005\2019660v1 do c EXHIBIT "C" SCHEDULE OF PERFORMANCE This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by CITY or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, Developer shall consult with CITY staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein. C-1 11151-0005\2019660v3. doc Action Date / Deadline 1. Opening of Escrow. The Parties Within five (5) business days after shall open escrow with the the execution and delivery of this Escrow Holder (Section 1.3) Agreement. 2. Developer Deposit. Developer Within five (5) business days after delivers Deposit with Escrow the opening Holder (Section 1.2) 3. PTR. Developer obtains PTR. Promptly after opening of Escrow. (Section 1.4.1) 4. Review/Approval of Title; Within the times set forth in Section Establishment of Approved Title 2.4.1. Exceptions. Developer and CITY review/approve title and determine Approved Title Exceptions (subject to possible PTR Updates). (Section 1.4. 1) 5. Delivery of Property Documents. Within ten (10) business days after CITY delivers Property the execution and delivery of this Documents to Developer. Agreement. (Section 1.8.2) 6. Due Diligence Period. Due Within twenty-one (21) days after Diligence Period expires. the opening of Escrow (Section 1.3). (Section 1.8.2) C-1 11151-0005\2019660v3. doc Action Date / Deadline 7. Application(s) for Project Within sixty (60) days after the Development Approvals. opening of Escrow (Section 1.3). Developer submit application(s) to CITY for Project Development Approvals (Section 5.13) 8. Developer Determines Whether Within thirty (30) days after CITY Project Development Approvals takes final action on Developer's Are Acceptable. If Project application(s) for Project Development Development Approvals render Approvals. Project infeasible as described in Section 5.13, Developer may deliver notice of termination to CITY (Section 5.13) 9. Close of Escrow. Developer Within thirty (30) days after CITY deposits Purchase Price (less takes final action on Project Development Deposit) and its share of title and Approvals as set forth in Section 5.13 escrow fees and closing costs into (subject to extension due to Events of Escrow and CITY and Developer Force Majeure). close Escrow for Property (Sections 1.3, 1.7, 1.9-1.12). 10. Submittal of Plans for Building Within ninety (90) days after final Permits. Developer submits Project Development Approvals by CITY building plans, grading plans, etc. (Section 5.13). 11. Commencement of Construction. Within ninety (90) days of issuance Developer breaks ground on of building permits. construction of commercial/industrial building, including grading work, etc. 12. Completion of Construction. Within twelve (12) months after the Developer completes construction commencement of construction. of commercial/industrial building. C-2 11 1 5 1-0005\2019660v3. do c EXHIBIT "D" FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO, AND MAIL TAX STATEMENTS TO: [Developer] APN(s): APN #] (Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383 Documentary transfer tax is $ based on the full value of the property conveyed. GRANT DEED The undersigned grantor(s) declare(s): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BALDWIN PARK, a municipal corporation ("Grantor") hereby GRANTS to ("Grantee") the land (the "Land") located in the City of Baldwin Park, County of Los Angeles, State of California described on Exhibit "A". SUBJECT TO, all matters of record. 1. This grant of the Land is subject to the terms of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of [Date] (the "Agreement") the terms of which are incorporated herein by reference. A copy of the Agreement is available for public inspection at the offices of the Grantor at [Address] 2. Subject to the provisions contained in Section 5.2.3 of the Agreement and the terms of any "Subordination Agreement" executed by Grantee in favor of the "Holder" of a "Developer Deed of Trust" (as those terms are defined in the Agreement), prior to Grantor's issuance of a "Certificate of Completion" with respect to the "Improvements" to be constructed by Grantee on and with respect to an individual lot/"Unit" on the Land (as those terms are defined in the Agreement), if Grantee commits an uncured material default in failing to timely complete construction of said Improvements Grantor shall have the right, at its option, to reenter and take possession of the Land hereby conveyed, with all improvements thereon and to terminate and revest in Grantor the Land hereby conveyed to the Grantee (or its successors in interest). 3. Prior to Grantor's issuance of a Certificate of Completion with respect to the Improvements to be constructed by Grantee on and with respect to an individual lot/Unit on the Land, Grantee covenants, for itself and its successors and assigns, that there shall be no sale, transfer, assignment, conveyance, lease, pledge or encumbrance of the Agreement or said D-1 11151-0005\2019660v3.doc lot/Unit, or any part thereof, in violation of Section 4.1 of the Agreement, which contains restrictions on the assignment of the Agreement and transfers of interests in the Land. 4. Grantee agrees as follows: (a) Grantee covenants and agrees that Grantee shall not discriminate against or segregate any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Grantee establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. (b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (a). (c) All deeds, leases or contracts made or entered into by Grantee, its successors or assigns, as to any portion of the Property shall contain therein the following language: (1) In deeds: "(A) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. (B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A)." D-2 11151-0005\2019660v3. doc (2) In leases: "(A) Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. (B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A)." (3) In contracts with respect to the sale, lease, sublease, transfer, use, or occupancy, of the Property: "(A) There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. (B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A)." 5. All covenants contained in this Grant Deed shall run with the land and shall be binding for the benefit of Grantor and its successors and assigns and such covenants shall run in favor of Grantor and for the entire period during which the covenants shall be in force and effect, without regard to whether Grantor is or remains an owner of any land adjacent to the Land or interest in such adjacent land or any other land. The covenants contained in the Agreement and D-3 11151-0005\2019660v3.doc in Paragraphs 1-3 of this Grant Deed shall terminate as to each separate lot/Unit within the Land upon the date that Grantor issues a Certificate of Completion with respect to the Improvements to be constructed by Grantee on and with respect to the Land, as provided for in Section 3.11 of the Agreement. The covenants contained in Paragraph 4 of this Grant Deed shall run in perpetuity. The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable only by Grantor and its successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Grant Deed as of the date set forth below. Dated: , 201_ Dated: , 201_ CITY OF BALDWIN PARK Shannon Yauchzee, City Manager ATTEST: Jean M. Ayala, City Clerk APPROVED AND ACCEPTED: LLC, a California limited liability company By: a its Manager Printed Name: Title: D-4 11151-0005\20196600. doc ITEM NO. 77 TO: Honorable Mayor and Members of the City Cou4er FROM: Shannon Yauchzee, Chief Executive Office Laura J. Thomas, Human Resources/Risk Mana DATE: May 1, 2019 ,e`�/ SUBJECT: Ratify and Adopt a Resolution to Amend the City of Baldwin Park Comprehensive Pay Schedule in Accordance with CalPERS Established Guidelines SUMMARY This report requests City Council approval of an amended comprehensive pay schedule to reflect the salary of the interim Police Chief, retroactive to April 17, 2019. In order to provide equitable compensation and benefits for an incumbent serving in an interim Police Chief position, staff requests that the City Council give direction to the Chief Executive Officer (CEO) to provide a 10% increase above the top salary range of Captain as per the attached amended Comprehensive Pay Schedule. Section 20480 of the CalPERS government code requires that a publicly available pay schedule be published to reflect the salary of the incumbent working in an interim capacity. Moreover, if it is determined that the salary of a newly appointed supervisor/manager would most likely be the same or less than the highest paid subordinate, a supervisory differential is applied. Supervisory differentials are in alignment with best compensation practices and principles of Public Sector employers. In addition, the Interim Chief will be given benefits in line with the Police Management Group. RECOMMENDATION Staff recommends that the City Council approve, ratify and adopt 1. Resolution No. 2019-018 amending the City of Baldwin Park Comprehensive Pay Schedule, retroactive to April 17, 2019. FISCAL IMPACT The salary will represent a small savings that can be absorbed within the current Budget for FY 2018- 19. BACKGROUND The interim Police Chief appointment is necessary to minimize disruption to critical police department operations, pending the City Council's ability to fill the permanent vacancy. Many important complex administrative and operational decisions have to be made on a daily basis. It is the City Council's intention to ensure that day to day operations run as smoothly as possible to protect the safety and well-being of the Baldwin Park community. ALTERNATIVES The alternative is to consider an alternative Salary Range. LEGAL REVIEW Not Required. ATTACHMENTS Resolution No. 2019-18 to approve the interim appointment of the Chief of Police for the City of Baldwin Park and the amended City of Baldwin Park Comprehensive Pay Schedule, both retroactive to April 17, 2019. Attachment 1 Resolution No. 2019-018 RESOLUTION NO. 2019-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES. WHEREAS, the City of Baldwin Park is currently recruiting to fill the vacant Police Chief Position and an interim appointment is necessary in order for the Police Department to run efficiently and effectively; and WHEREAS, the interim appointment is for a period of not to exceed 960 hours per fiscal year in accordance with section 20480 of the Cal PERS government code for limited term appointments; and WHEREAS; the City Council has directed the Chief Executive Officer (CEO) to provide a 10% increase above the top salary range of Captain including benefits, and to publish the salary in the approved Comprehensive Pay Schedule in accordance with CaIPERS guidelines for interim positions; and WHEREAS; the California Employees Retirement System (CaIPERS) does require all government agencies to provide and make available to the public the salary of all full- time employees, part-time employees and Elected Officials in a single salary format specified by CaIPERS; and WHEREAS; the City Council has authorized the Chief Executive Officer to administratively process the appropriate compensation, to be retroactive to April 17, 2019 for a limited duration, in accordance with CaIPERS guidelines. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. This Resolution shall take effect immediately upon its adoption. The City Clerk shall enter this Resolution into the official book of resolutions. PASSED, APPROVED, AND ADOPTED this 1St day of May, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-018 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 1, 2019 and that the same was adopted by the following vote to wit: JEAN M. AYALA CITY CLERK m A 0 0 ID C- N N N Z L O O; O O = O 3 a 0 o 3 a D N O 0 w V N N O 0 c0 V O y O N O 0 co O D cz ID 07 O j N O 0 co Q) A P O C o 0011 �N 0 N m 3 bi N EA n m 0 fD m 9 tOc��1 A G T A t07f O (P m J 0) 00 -eOT► n r O 3 v � . 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TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: May 1, 2019 SUBJECT: Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions SUMMARY This report requests that the City Council review applicants and appoint/reappoint commissioners to the Housing, Planning, and Recreation Commissions. RECOMMENDATION Staff recommends City Council review all commission applications and make respective appointments. BACKGROUND A Public Notice of Vacancy was posted in accordance with Government Code Section 54973 and Baldwin Park Municipal Code Chapter 32. At the request of the City Council, the following items are now incorporated with the commission application process and included with this report: ➢ Residency verification requirement for each applicant (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's office PLANNING COMMISSION The Planning Commission consists of five (5) members appointed to a two-year term on a staggered basis. Terms have expired June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), Mariel Marcel Jr. (Office No. 4), and Edith Flores (Office No.5) The following persons have requested consideration of appointment to the Planning Commission: 3 open seats OfFir_p Nnc_ 3_d_ P. 5 - Tprms to Jump 30. 2020 Incumbent Commission Applicants New Applicants Mariel Marcel Jr. Marlen Garcia Edith Flores Ruiz Christopher Garrido Christopher Saenz The Recreation Commission consists of a total of eight (8) members, five (5) of which are appointed to a two-year term on a staggered basis and three (3) members shall be students serving a one-year term. Terms will expired June 30, 2019 for Recreation Commissioners), Deanna Coronado Robles (Office No. 2), and Jo Ann Watkins (Office No. 40) and seats #1, #3 and #4 are currently vacant. The additional student vacancies have not been filled due to student turnover. The following persons have requested consideration of appointment to the Recreation Commission: 3 open seats Office No's. 1.2.3.4. & 5 — Terms to June 30. 2021 Incumbent Commission Applicants New Applicants Jo Ann Watkins Cecilia Bernal Deanna Coronado Robles Deborah Ann Dow N/A (1 student from Sierra Vista) Maria Guadalupe Fajardo Ralph Galvan Marlen Garcia Stephany Najarro 3 open seats Student Office No's_ 6. 7. and 8 — Terms to June 30. 2020 Incumbent Commission Applicants New Applicants N/A (1 student from Baldwin Park High) Herman Cortez (Baldwin Park High) N/A (1 student from North Park High) Kendra Nguyen (Baldwin Park High) N/A (1 student from Sierra Vista) Housing Commission The Housing Commission consists of a total of seven (7) members appointed to varied terms in: accordance with Municipal Code Chapter 32.22. Vacancies have not been filled due to lack of applicants. The following persons have requested consideration of appointment to the Housing Commission: 7 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2020-2023 Incumbent Commission Applicants New Applicants N/A Susan Cervantes LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit "A" - Commission Applications 2. Exhibit "B" - Roster of Commission Members Exhibit "A" Commission Applications RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK DEG 191011 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A U.TIUTY BILL AND CITY OF 8A1.DWIN PARK A COPY OF YOUR And tr>ft'yaeus DePARTMONT PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: Housing Commission PERSONAL INFORMATION; - Susan Cervantes Residence Address Length of time at this Address: 3 E -mall address: Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote In the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Soldwin Park? no If yea, name of agency and position: EDUCATION: � �_ Circle Highest grade you completed: 1 2 3 4 5 0 7 8 9 10 11 12 High School Graduate? =G.E.D.?-d Y ._J Rio Hondo College Rio Hondo College EMPLOYMENT INFORMATION/ EXPERIENCE; Excellence Vision Real Estate Real Estate Consultant Assoc + October 2018 to present Excellence Vision Real Estate Real Estate Consultant Assoc! October 2018 to present REFERENCES: Please provide the names of two (0) persons, who are not City of Baldwin Park Elected or Appointed officials and whd can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?n0 If yes, Please Iist ail offenses, date and place of offenae(a), and sentence/fine received: [late .... .. ••Oct.. AC KNOW LEDGEMENTICE RTIFICATIO N: I understand that upon Oing, this application becomee a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. Sianature Residency verification: Cl Yes C7 No pate: Voter Regiatration. Verification: O Yes ❑ No Residency verification: U Yes ❑ No Date: Appointment date; Residency verification: 0 Yes 0 No Data: Term expires - '; Name Susan Cervantes Commission Requested: Housing Commission STATEMENT OF QUALIFICATIONS; Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. I have been a resident of the City of Baldwin Park since 2008. My children have gone to schools here, my son is in the process of being a substitute teacher for the BPSD. With that said, my goal is to help my community actively help seek solutions for affordable housing. As a realtor I would love to see home ownership grow in my community; as we know that has a direct Impact In growth. Not only does pride of ownership grows but it brings more business to our community. I have been In the restaurant management business since my early 20's. This gives me the ability to seek out solutions that best produce results and financially makes sense to the bottom line. My background in real estate connects me with resources and that can help bring a new light and ideas to assist our community with changes and solutions that bring growth, I am committed to this city as this Is what I call home. Being able to help others call it home would be a very humbling and personal goal. Date: Signature Notice, Please be advised that you and your quaflticatlons may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment,, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this appllcation. RECEIVED PLi.As ATAH q. CITY OF BALDWIN PARK G.t1RRNT COPY QF JUN 14 2018 A: urilia Y,ii.aNQ . APPLICATION FOR CITY COMMISSION A GS?PY: QF YO�IR= -; And CrfYOFBALOWIN PARK STATEMENT OF QUALIFICATIONS CITYCLERKS DEPARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: PERSONAL INFORMATION: Name c%lVZ-- Residence Address _ Length of time at this Address: E-mail address:_ - Home Phone No. 4=XR40x Cell/Message Phone No., _ 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 pf Baldwin Park? If yes, name of agency and position: 'PL km -m k1-4 t.'. -C' r 1. 11 IJ�� Q.� t b EDUCATION: Circle Hlghest grade you completed: 1 2 3 4 b 8 7 8 9 10 11 12 High School Graduate? „ Q.E.D.?_E= o -+r '�A- k -c- 0 V' -i W-rsr i \J— k'-.. %. s >VC.'.,, 1 4, , X EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and d of Ernploverfal Position Title utes•o '�-'" C..r•,f�t.�. r \ ^�� � _ p � h, d+v ��S r` r'Ti1. Ste- M REFERENCES: Please provide the names of two (@) persona, who are not City of Baldwin Park Elected or Appointed Oflloiais and Who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?-&6--- It IOLATION?N6If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOWLEDGEMENTICERTIFICATION; I understand that upon filing, this application becomes a public record. I caddy under penalty of eviury under the laws of the State of California that the foregoing Is true and (r- t`(- t Date Signaure Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes C7 No Date: verification: ❑ Yes ❑ No Voter Registration Verification: ❑ Yes ❑ No Appointment date: Tenn expu-es: Name C t-VAS `N f KEr -'- `' Commission Requested: k--"yNsN C STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. { Date: 4 j�4 1��~ Sign Nonce: Please be advised that you and your quallNcations may be discussed by the CO Council at an open meeting. This Application and Statement of Qualification will be kept on rile for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool ofappllcants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment wNl invalidate this application. Christopher Saenz Honorable Mayor and City Council City of Baldwin Park 14403 E Pacific Avenue Baldwin Park CA 91706 Honorable Mayor and City Council: Having had the pleasure to serve the City Council and Planning Division as a Planning Commissioner for the past several months, I once again submit my application for consideration for the reappointment to the Planning Commission. Studying and receiving my undergraduate degree from a research university has certainly afforded me the resources and experience to research, deliberate, and ultimately reach an impartial and sound decision. These tools have allowed me to work cohesively with the Planning Commission over the past several months to further promote and advance projects that will benefit Baldwin Park and its residents. It is my goal to continue serving on the Planning Commission, working in tandem with the City Council and the community, to continue making Baldwin Park beautiful for our future generations, Rega , Christopher Saenz RECEIVED .P.I P.A;WATTACH A...;' CITY OF BALDWIN PARK a,vaR N•T::c.oPv oF: APPLICATION FOR CITY COMMISSION JUN 2r2018 VA iq..liTlLl'1 00;ANp' ? And M'cy. OF Y.Qu PHOTO.: STATEMENT OF QUALIFICATIONS CITYCM L F i(q hrPAmwEWZ IN PARK APPLICATION IS FOR THE FOLLOWING COMMISSION: ----.---.1. Planning Commission Ase arafe a licafion Is re uired for each comralssion PERSONAL INFORMATION: Edith Flores RUIZ Nsme Residence Address Length of time at this Address:12yrs E-mail address, Ql& Cell/Message Phone No 626-340-9608 Home Phone No.-- Are you 18 years of age or older? Yes Are you registered to vote In the City of Baldwin Park? Ke _- _- Do you currently serve soon elected' or appointed official for any board and/or agency within the City of Baldwin Park? No If yes, name of agency and position:, City. of SA Pwk, P.1 AR C:ommissisn EDUCATION: 1 2 3 4 5 8 7 8 9 10 11 12 High School Graduate? Circle Highest grade you completed: Natme and Location gJ!QoII2ge or University e of Study Dowse Cal State University, Los Angeles Civil Engineering No Cal State University, Las Angeles Civil Engineering No EMPLOYMENT INFORMATION 1 EXPERIENCE: NIMeqnd os o I E CrosbyTave Consultants Project Planner' February 2018 - Present CrosbyTave Consultants Project Planner February 2018 - Present 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. Nam@ —"I--- Addrose Phone No. Marco A. Ruiz Armenia Aguilar IMPORTANT: Read the following carefully and answer completely. A convlollon Is not an automatic bar to appointment, Each case Is considered on Its Individual merits. OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?NO HAVE YOU EVER BEEN CONVICTED OF A FELONY If yes, Please list all offenses, date and place of offense(a), and sentencelfne received: ACKNOW LEDG EMENTICERTIFICATION: I understand that upon filling, this application becomes a public record. I certdy under' penalty of perjury under the laws of the State of California that the foregoing Is true and correct, . v L L A�A� Date Signature �..l. /.:ti:.':,',i}'•?..I:�y:.i�•'t .. n5':t:�finVi. ..nt�fW.y'}.�t„'.:.'.{•' :' :�'i••: �_,`.i:� :'.1•✓i`bp:No • ts,}Rili5vu11iis.iti'r; . 7�'✓.l�:• '.rt. Y24i•'''�y.:,,, , /,........,... 1. h�1 Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification. ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency vortification: ❑ Yes 0 No Date: Term expires: Name 75�- i -rt-� JF. to ! 2 Commisslon Requested: t`Pt,& f DPP �L 6D55(OP MEMENT OF QUALIFIC TIONS: Use this space to list your goals and objectives and why you feel you .should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. .1�,A4' Q6j:F6- (V65 1 a 7a e2l�:- tai' 113 S t P a: GEF f�Ls-� b-r-�-t� Got�lN�� c�`� . tO t Ur int= 4 >� �► V �.o P t� t Gc_ 42 e: L.6 Le b 1-� Q 'T t'V— Ly a t--rL? l?e s PC N� )C )J b t.0 4,_ I:> D 8 1 I -P, /"q. 2�� .2 Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. t This Application and Statement of Qualification will be kept on fife for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your applkatlon will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency wlfh each recruitment will Invalidate this application. r RECEIVED PUEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL ANDAPPLICATION JUN 2 8 X18 A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONSrl'IYOfDAMUNPARK APPLICATION IS FOR THE FOLLOWING COMMISSION: P1AW0tt46r for each oommlss►orrl Name t\t2-ty �AlE% 9,l. Z12 - Residence Address - - Length of time at this Address: 4 ±V= - E-mail address; - x • • • - Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? V ec.-E2 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 Paris? �? If yes, name of agency and position: �PL.Pr►� ..4 t,.c..c.�r�': n' EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 eW High School Graduate? Q.E.D.? INFORMATION I EXPERIENCE: REFERENCES: Please provide the names of two (®) persons, who are not City of Baldwin Park Elected or Appointed Offtolals and who can comment on your capabiRiles and character, IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on Its Individual menta. 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(a), and sentence/fine received: r ACKNOW LEDOEMENTICERTIFiCATION: I understand that upon Ming, this application becomes a public record. I certify under penalty of perjury under the laws of the State of CaUbmk that the foregoing Is true and correct. Date Signature . .• _ i r,'. .e Af ,,,.yrl�S''' ` of . i +f.�i,. '`Y 1.j:2:. ,.,1 a�';-%.'�_°':x .•y;a,�+ri'alai.;:.',,'•cC4r ..f , x.�-z .t 'krtm�. It - i 5 .r*.>'x�tii:+ao Residency verification; 0 Yes ❑ No Date: Voter Registration Verification: D Yes ❑ No Residency verification: ❑ Yes ❑ No Dato: Appointment date; verification: 0 'Yes ❑ No Term I M Name l A P, V2-l'G 1 '" AC kC-(— Commission Requested: F SNYA STATEMENT OF QUALIFICATION$: Use this space to list your goals and objeotives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. Acle, A. 1 w tau L t tom- ::Jy� r�,-r <Z> C�v�t•c-t �l u JAM 'Pin '-Tc- Cil3 f-�..�� ria ti`s �y� � a.t(c� ,�►� r �.'ut a..tti. x/l,vl�i f V CJ i .l I.J'�t"i'Z'7' •1r j "'r�k' �T - \ KJ Date: +� Z'Lvt> 2=- Signature Notice: Please be advised that you and your quaNfications may be discussed by the City Council at an open meeting, This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointmen4 your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. RECEIVED CITY OF BALDWIN PARK JAN I I ; fCURIZENT:;'rpYa.F,' APPLICATION FOR CITY COMMISSION CLITY A.F.'. IL4:?: N CIiY And CiTY0FF3AiDWINP iIC Q.I�W U�p= STATEMENT OF QUALIFICATIONS APPLICATION IS POR THE FOLLOWING COMMISSION: ------0 Planning is PERSONAL INFORMATION: No Marlen Garcia Residence Address - Length of time at this Address: 20 yrs E-mail address: Home Phone No. None Cell/Message Phone No., Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Perk? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Bakh* Park? No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 $ 4 6 6 7 8 9 10 11 12 High school Graduate? G.E.D.? M EMPLOYMENT INFORMATION 1 EXPERIENCE, Address of tion Title gate -4 of =19VIMM SG,P,MFC, loll �xi< ec:fy�ai2 Rl&lqz k )WOM-01'' W 6, R) Cly l 70�9 REFERENCES; Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?NO if yes, Please flat all offenses, date and place of offense(s), and sentenceJfine received: /VJA ` ACKNOWLE DGEMENTICERTIPICAMON: I understand that upon filing, this application becomes a public record. t car* under penalty of perjury under the laws of the State of California that the foregoing Is d correct. D6 Not 1Nri#e 'Cltv.U' a Onl Residency vorificatlon: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date Appointment date; Residency verification: 0 Yes 0 No Date: _ Term expire,%, Name Marlen Garcia Commission Requested: Planning STATEM€N1 OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying, Please Include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. Having served on the Baldwin Park City Council as elected Council Member from 1999 to 2014, 1 possess extensive experience in the planning of our city and understand well the needs of our community. I want to invest this knowledge and experience into constructive use and continue the path of improving our city. I have extensive experiencig In land use criteria and policy, conditional use permits, the City of Baldwin Park General Pian and many other important facets of community planning. I am a property owner In the City of Baldwin Park, I have raised two (2) children who attended BPUSD and I work in the city. I know the importance of a safe and liveable community and my goal, if selected as a Planning Commissioner, Is to continue to evolve Baldwin Park into a thriving city. Date. 67 ff Signature Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This AppNcation and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested considamflon of appointment, your appiloation will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. RECEIVED ,*.AC" CITY OF BALDWIN PARK JAN 19 2016 c:t3:NcopYo;> APPLICATION FOR CITY COMMISSION A.`•i ;UP.1(;p 1i!.fl And CITY OF BAL DWIN PARK STATEMENT OF QUALIFICATIONS CiTYt I RKSt}1"F'ARTMSNi APPLICATION IS FOR THE FOLLOWING COMMISSION: P G%Y1Y1 i Y) e -n C t7 vYw i 5 S j t3 y ti for PERSONAL INFOr �� �RMMATION: Name "I py)c.,y— C -18)(t ck Residence Address _ - Length of time at this AddressE-mail address-,--, , Home Phone No. %A _ C19II/ lessage Phone No. - - --- Are you 18 years of age or older? � Are you registered to vote in the City of Baldwin Park? l Do you currently sere as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 V High School Graduate? �" O.E.D.? 1 V t��t i ver i rn r�ct C�Gt-i'G� �t f` tw N4_ Camtvtun Ukeu e f ql's P019 i C:• 1101 ti c -V - M•dtr s EMPLOYMENT INFORMATION I 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. 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 BERN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? h1y If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: I understand hat i I , this a2 becomes a public roorxd. I certify under per at ury d am of State of CaAfornta that the foregoing Is true Date >Sign'situte- ...nY'i ';�3�('`9'—' "i y"s:',L�;.'.,, .,,i>\ .y�,k,a ,yn vii: :\i•t�•J y,:.�.t�jiil..,.. �'4,.,; �•ci.�i-�{`f 1y.t'7n.. �yM wt♦`�i4 M y "i �i I"'. t\'1^i.; �.;f' ���;�i'rt'K' �••+' .3;�", t,lt�•.' Vt 77it.. 4Yu .i. B:V.�. [�'ti. Ci.a � 4\ �.1 d. 'n:as.l.. •i .k�1. f\%: Residency verification: ❑ Yes ❑+No Date: Voter Regi4q'atjon Verification: ❑ Yes []No Residency Verification: ❑ Yes ❑ No bate: Appointment date: Residenev verification: ❑ Yes ❑ No Date: Tem: lies: �- C_1(� Name (5 Commission Requested:, �il�Vi 1 �°I � j STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please ipolude any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. Date: Notice: Please be advised that you and your qualificationsmay be discussed by the Clty Council at an open meeting. This Application and Statement of Qualification will be kept on file far two (2) years. During thls time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalldate this application. i In applying for this commission first and foremost I feel that it would be a privilege to serve the great city of Baldwin Park. As a Planning Commissioner there is a responsibility to be a representative to the people. My goals as a Planning Commissioner would be to serve with tact and diplomacy, To listen, learn, and be mindful in any decisions being made. To work with my fellow Planning Commissioners to ensure a balanced and decisive group that has the best interest of the Community at heart. If appointed I would like to take this two-year term to help create and carry out policies regarding the physical development of the city of Baldwin Park, a Date: 01/29/2019 Christopher F, Garrido CITY OF• BALDWIN PARK APPLICATION FOR CITY COMMISSION And STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: --- . .--.10 /A senarata anbllaaflon Is maulred for each commission) Residence RECEIVED JUN 16 2018 Y OF BALDWIN PARK EN le Length of time at this AddresaE matl address:— cJ Moms Phono No. Coll/Message Phone No. Are you IS years of age or older?0�_ Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected ora point oftlofal for ap bo�rcl nd/or agenoy within the of paidwln ParIQ Q If yes, name of agency and position: � e �'�+ v� �-+y� s� ��f � ��1{N—�-v, EDUCATION: CMo Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11High School Graduate?.-. G,E,D.? EMPLOYMENT INFORMATION I EXPERIENCE=: REFERENCES: Please provide the names of two (@) persona, who are not City of Baldwin Pads Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANIr Read the following carefully and answer completely, A conviction Is not an automatio bar to appointmenL Each case is considered on Its Individual media. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and plaPe of offense(s), and sentenceffine received: ACKNOWLEDGEMENTIMTIFICATION: I understand that upon filing, thle application becomes a pubilo record. I certify, under penalty of perjury under the laws of the State of California that the foregoing Is true and correct Date / !7 v Sl Residency verification: ❑ Yes ❑ No Date: Residonoy varifluation: ❑ Yes ❑ No Data: vormoation: ❑ Yes ❑ No Voter Registration VorlitcaHon: ❑ Yoe ❑ No Appointment date: Term Mires: Nam SMEMUM s- . �a use this space to list your goals and objectives and why you teal you s"Id be appointed to the commission far which you are applying. Please include any additional tniormation You feel Will be beneficial to thn Guwoil In consideration of your appointment to this commission. I have lived in Baldwin Park for 63 years. My.parents moved here in 19511 was 9 months old. I grow up here with parents that served the City in many different positions. I helped them with many events and saw just how important it was to ,be activity in your City. i went to Center Elementary, Jones Junior High and Baldwin Park High School. My children and three of my grandchildren have gone to school in Baldwin Park. I served on the PTA at Geddes School for 4 years and two years as council president. I volunteered for the Service Council for many years here in Baldwin Park, I serve as the director of the Special Needs Class at Faith Community Church since 1994. I helped my husband to run all the big outreach projects such as Harvest Fest, Easter, Winker and Fourth of July outreach at Faith Community Church for 12 years. I worked for Baldwin Park School District for 26 year as a Special Education Aide, and a Preschool. Teacher. While working fun time I went to Citrus College and got my AA. I retired from, Baldwin Park School District in 2010. I have severed as Recreation and Community Service Commissioner for the past five years and would love to continue severLnA the ci Date• a ~ Notice. Please be advised that you end your quafff(cadons maybe discussed by the Glty COMM at an open meeting. This Application and Statement of Quaffi7vallon will be kept an file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, yourappikaeum w/U be included in the pool of applicants provided. however, that you submit current proof of residency at the time of sold recruitment. Failure to. prOlds current proof of residenoy with each recrukment will lnveUdata this applfcetlon. PLEAS -ATTACH A CITY -OF BALDWIN PARK RECEIVE( dUkft�NT.-Wpy o -r i4 UllW7Y--61;L AND • APPLICATION FOR CITY COMMISSION JAN O 810 A CbPY OF 1r!f�ljR And . _. _ 'PHOTO ID STATEMENT OF QUALIFICATIONS r1W0pgALo INPAF APPLICATION IS FOR THE FOLLOWING COMMISSION; - ------tom•,-� pyorV b1 (A separate application is required for each commission) PERSONAL 1 FORMATION; jr Name i✓ t✓ \ lW Residence Address � Length of time at this Address: a� E-mail address: Home Phone No, Cell/Message Phone No,_ • _ Are you 18 years of age or older? C . 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? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 S 6 7 8 9 10 11 12 • High School Graduate? EMPLOYMENT INFORMATION l EXPERIENCE: -Ad-res E r Ana, ' k -'Strw P to , waxvs ar t=MR12xwe at-wreA- 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. U CLU 1 R Gt.tr" S _..... . _. _ IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDOEIt MY105RTIFICATION: I understand that upon filing, this appllcatton becomes a public record. I cad y under penalty of perjury under the taws of the State of Caftfnla that the foregoing true and correot. \Wlq -.-, Q - Date Signature • 1: � �' � Y,7 • a•= :pj ';1�.�E,:�'4u .,, ,�. 1; r.r; •IiKt. 7 � •.4"^= r;_,t"d; ,•y` ';�'a•' ,r .•._i,�..'e?1e41'St 1r'\ii:;u4'•::�-+.`.4...1 w .. Residency verifioation: ❑ Yes ❑ No Date:• ._••_ Voter Registration Verifroation: ❑ Yos ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date; fication; 0 Yes ❑ No Date: Term l� Name J�.J � IFC Com` 1r A Q Commission Requested: & ,(��'�-- - a Ci<xnnua"� STATEMENT OF 91JALIFICATIONS: t Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficlal to the Council in consideration of your appointment to this commission. t V, 4ti1e, C a�� O- 51 ,hcjur�y, Q n A C'k, e'er vN C n,r� nn ss� �ti-y► w c l,V + ren,c�a. G.S .ti r M,C i.# Cam i & c -c n b L fine-, Aa o ff' Date: I I �� r � �r� � � ► �u Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Quallficatlon will be kept on rile for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. RECEIVED PL EASE, ATTACH A CITY OF BALDW IN PARK CyRRENT..COPYOFAPPLICATION FOR CITY COMMISSION JAN 0.7 2019 A U7Ii.ITYOILI, ANP And ACOPY OF YOUR : CM PHOTO ID STATEMENT OF (QUALIFICATIONS s DEPART1 h91i?�1Hr� APPLICATION IS FOR THE FOLLOWING COMMISSION:.---* �►�CYe��i4h � , !� !a sanarata sonllcatlon Is reaulred for each co 10 PERSONAL INFORMATION', Nam D-46 Residence Address - — Length of time at this Address: ERmall address: Home Phone Nor 'bell/Message Phone No.,ta__ 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? It yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 A 6 6 7 8 g 10 1112 High, School Graduate? G.E.D.? w vim '1 %n.,niatn i)a1101tA �la 00 fi..,a- / a 4A -9,3L. Al PBN rvtf EMPLOYMENT INFORMATION I EXPERIENCE; owe rc 1 Ye f I�d}�rotsPa'i�f�flnrilfrs °'� iirlo`! <<vr 0'7 101109 r ,A- ,VQa �i�FERENCES: Please provide the name two (�) persons, who are not City of Baldwin Park Elected or Appointed Ofticlals and who can comment on your capabilities and character, amaAddress PbQ e No. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merlts. 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/flne received: Iw t� ACKNOW LEDGEMENTICERTIFICATION: I understand Itmt upon tiling, 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. �9 0 Do/ . 'Date SI nature ;;, .r ,{-+`'� „t ;;: �: m:, A: ,i� `t 11Vr.1 e 9a Wi hIs:,i hit iW10 09 x .. Rssidoncy verification: ❑ Yes Q No Date: Voter Registration Verification: 0 Yes ❑ No Residency verification: © Yes 0 No Date: Appointment date: E] Yes 11 No Date: Term RECEIVED PLFA$9 ATTACH A CITY OF BALDWIN PARK cuRENT GQPY a.APPLICATION FOR CITY COMMISSION JAN U 9 X019 A UTILITY BILI. AND And A COPY OF YOUR CITY.0FSAt.DINIryPARK PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION:Yk cttln� p,Grcct�ea rt IA separate annAcatlon Is reauir'ed for each commission Name.. -A-A aria a vada l u peFF-i a rclo Residence Address - - Length of time at this Address: qeA E-mail address:— Home Phone No. Cell/Message Phone No. - Are you 18 years of age or older? 1 S Are you registered to vote in the City of Baldwin Pafk?, +/z Do you currently serve as an elected or appointed offlolal for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: j� �� j Circle Highest grade you completed; 1 2 3 d 6 8 7 8 S 10 11 12 High Svhool Graduate? -Eiii . O.E.D.? EMPLOYMENT INFORMATION I 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. 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?,_,ML If yes, Please list all offenses, date and place of offense(s), and sentence/tine 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 stale of California that the foregoing Is true -and correct, z� `�- Date r Signature �t` x�, , 1t� z`';','iari b ' ok titeiSelOwt s, "I`nel6o 'Q1tli ` eei0nl Y; Residency verification: ❑ Yes ❑ No Date: Voter Registration Verifiostion: ❑ Yes ❑ No Residency verification: ❑ Yos ❑ No Date: Appointment data: Residency verification: 11 Yes ❑ No Date:. _ Term expires: CITY OF BALDWIN PARK RECEIVED APPLICATION FOR CITY COMMISSION :y>t1+Y'Q�V:i., And !(()Y} 9 ZQIB pY t� Y.Q1Jl.: STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: ie ..norma nn"Irl-Alrn» is ranuirad for each comm1881011) PERSONAL INFORMATION: Namev Residence Address _„ W .., n , • — Length of time at this Address: Small address:_ 14nme phone NoCell/Message Phone NO. r? Are registered to vote in the City of Baldwin Paw--le-14 Are you 18 years of age or older? you 00 Do you currently serve as an elected or appointed offlolal for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 8 10 11 (5) High School Graduate? _3� G.E.D.?= m gild c Go Un . Course D egree �o .. EMPLOYMENT INFORMATION / EXPERIENCE: e aPosition Title Dates of EmWoyment t 0 t0 VGYA"' N'1 d Prr eC �G1'P6l�1Uti i.�Ut�ef Jg pq y0j4 � o�[_2D{3 I��e¢ 6ai�aii� �ac�.�ctra.� �Wn,>n, rot �erxMhon 6�u�tf Js� Otnj2 005= 4�� bo1o. u� �akr� qdf<> �n�d�trt Y�rl� �► �c�ov t REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Offlolels and why can comment on your capabilities and character. Memo _Address Phone t 'p -Ave. 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. A'MINOR TRAFFIC VIOLATION? HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN if yes, Please flat all offenses, data and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon fllkrg this application becomes a public record. I cw* under penalty of perjury undor the laws of the State of Cellfomia Out the foregoing Is Ince and correct. AM Date Signature Residency verification: ❑'Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes 0 No mate: Appointment date: Rosidenev verifications 0 Yeti ❑ No 'Safe: _-_ Tormi1F2) of Name RAI " _ Commission Requested: STA EMENT OF QUAI.IFIC,AUIONNs,; Use this space to list your goals and objeotives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficlat to the Council In consideration of your appointment to this commission. ?�(gSt Ste Q)iA&VVd Date: OOVAIDI'b Signature Notice; Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Applicatlon and Statement of Qualiflcation will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application Will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. Name; Ralph Galvan Commission Requested: Recreation & Communlfiy Services Statement of Qualifications To the Honorable Mayor and members of the City Council, I Ralph Galvan 27 year resident of Baldwin Park, I am writing this letter of intent for the Commissioner position on the Recreation and Community Services Commission, Having previously served as a Planning Commissioner on the Planning Commission and as Student Commissioner representing Baldwin Park High School on the Recreation and Community Services Commission. i have done a great job along with other commissioners on both Commissions, i would like to continue to serve my community and once again serve on the Recreation and Community Services Commission. I consider myself to be a community leader who is passionate about the betterment of our city. My goal and objective would be to support our Recreation and Community Services Department and work together with the commission, Staff, City Council and Mayor to move our city forward with city parks and programs we offer the residents and visitors whom live and play in Baldwin Park. As a believer of Parks Make Life Better, working for Parks & Recreation for the City of Baldwin Park in Parks, Child Care and Reservations for 5 years. Working for the City of EI Monte In Parks and Aquatics for 1 year. Working for the City of Pico Rivera In organizing and running the Special Events for the City and supervising fihe Senior Citizen Center for 3 years. i volunteer my time forthe American Red Cross and the American Cancer Society Relay for Life. I, enjoy traveling and attending Community Events & Special Events. I am In the Financial Industry with Primerica f=inancial Services. I would work and do my best on any commission the Mayor and City Council would like to place me on.. I would like to thank you for your time and consideration of my application. . , Respectfully yours, Ralph Galvan RECEIVED ?.49Y -§q'A c `' CITY OF BALDWIN PARK N It N cutr..RY°•,• APPLICATION FOR CITY COMMISSION A:`'I17,Y'#3It;rAt7YOF8AkoWiNPARi� A:QpP`1Q1 YOUii And Ctaf Cf1rRKS0!"VJtIr1M>xNi PHOT-o>la: , STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION:. -ti Recreadon & Cmnty. Svcs. Name Marlen Garcia Residence Address Length of time at this Address: 20 yrs E-mail address: _ Home Phone No. NIA Cell/Message Phone No.( Are you I a years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed oMclal for any board and/or agency within the City of Baldwin Park? No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 1112 High School Graduate? _ G.E.D.? , 5 rlgdg %f'CIt?iCak 6§ Business Ad ministration rvo jwmr1p1)(GlWkOe, I Business Administration JNo EMPLOYMENT INFORMATION f 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. 1: a IMPORTANT: Read the following carefully and answer completely. A oorrvlotdon Is not an automatic bar to appointment. Each vase is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTE=D OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? O If yea, Please list all offenses, date and place of offense(e), and sentence/Ane received: N/A NIA AC KNOWLEDOEMENTIOERTIFICATION; I understand that upon filing, this appiiealion becomes a public record. I certify under penalty of perjury under the laws of the Iifornis that the foregoing Is tr nd correct. AAr' JA'6�el' •-.. Signature . r'ln'Alnf 4AfrI4n Rnin,u chin l'ina �. r1Y r`Ifv'il .x�i:i)n V �': '� • :.:'�7 `1t...,;.�.�.. �.' ::; �.::,;'.,;......,�i'':�:.:.�, ...:�•: •. REFERENCES: Residency vor•itication: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verllication: ❑ Yes ❑ No Date: Appointment date: IMPORTANT: Read the following carefully and answer completely. A oorrvlotdon Is not an automatic bar to appointment. Each vase is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTE=D OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? O If yea, Please list all offenses, date and place of offense(e), and sentence/Ane received: N/A NIA AC KNOWLEDOEMENTIOERTIFICATION; I understand that upon filing, this appiiealion becomes a public record. I certify under penalty of perjury under the laws of the Iifornis that the foregoing Is tr nd correct. AAr' JA'6�el' •-.. Signature . r'ln'Alnf 4AfrI4n Rnin,u chin l'ina �. r1Y r`Ifv'il .x�i:i)n V �': '� • :.:'�7 `1t...,;.�.�.. �.' ::; �.::,;'.,;......,�i'':�:.:.�, ...:�•: •. REFERENCES: Residency vor•itication: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verllication: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes 0 No Date: Torm expires- x ires: Name Marlen Garcia Commission Requested: Recreation & Cmnty. Svcs. STATEMENT of QUALlFtQ6TIONs: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel velli be beneficial to the Councll in consideration of your appointment to this commission. Having served on the Recreation & Community Services Commission from 1993 to 1999, I believe I have extensive experience and knowledge to invest in the exceptional programs the City of Baldwin Park continues to provide. As a former Commissioner, I spearheaded the creation of the Baldwin Park Teen Center to address the Issues of our teen population and provide them with a positive outlet to seek help. During my tenure as Commissioner, I served as Chair of the Commission on several Intervals and provided critical feedback and Input on the many exceptional programs that exist today. I am familiar with the the CDBG process and lead that process, advocating for the much needed social services to our city. Dater Signature Notice: Please be advised that you and your qualifications may be discussed by the City Counoll at an open meeting. This Appilcation and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. P4lrASE,AT7'AQH.A,.: CITY OFBALDWIN PARK C,�)R.RENT;G:oP.v.O ..; APPLICATION FOR CITY COMMISSION ::%1;U.TI.t1'Y;i�:! And DEC x d 7018 PHOT -04 ' STATEMENT OF QUALIFICATIONS CAT!! M�AtDwtN>SARtc APPLICATION IS FOR THE FOLLOWING COMMISSION:. FRecreation & Community Services for each aommlssfon) _ PERSONAL. INFORMATION: Name Stephany Najarro Residence Address,_,; _--- - - - Length of time at this Address: 20 We E-mail address: Home Phone No. N/A Call/Message Phone No. Are you 18 years of age or older? YeS _ Are you registered to vote in the City of Baldwin Park?,yam 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 ggsltlon: EbtICATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 11 12 High School Graduate? =G.E•D,?-�.-J California State University, Dominguaz Hills (CSUDH) I I BA, Human services Baldwtn Park High School I I High School Diploma EMPLOYMENT INFORMATION / EXPERIENCE: Name and Ad "re @ of lEmployxisl Position c c -Mt. San Antonio College/1100 K Grand Ave Administrative Specialist 08/2018 -Present CSUDH/1000 E. Victoria St, Colson CA 90747 Student Assistant III 0912019-0812017 .REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Joe Jennum IMPORTANT: Read the following carefully and anew®r•compietely. A conviotlon Is not an automatic bar to appointment. Each Case is considered on its Individual merits. EMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?,wo HAVE YOU"EVER BEEN CONVICTED OF A FELONY Qg..MIAP If yes, Please list all offenses, dale and place of offense(s), and sentencelffne received: 12/13/18 Date Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: verification: 0 Yes 0 AC KNOW L EDG EMENT/CUMFICATION: I understand that upon filing, this application becomes a public record. I cerlUy under penalty of perjury under the laws of the State of Callfamla that the foregoing to true and correct. Voter Registration Verification; ❑ Yes ❑ No Appointmcnt date: Term expires:._., Name Stephan_y Naj.Srro Commission Requested. Recreation & Community Services S'T'ATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. Address the need for improved traffic signals near district schools to avoid collisions Teaming up with local organizations so that teens and local residents can participate in community service Exploring more recreational activities for residents to take advantage of such as yoga, walking clubs and child care I would like consideration for a spot In the Recreation & Community Services Commission so that I can be an active anent within my community. Since NO school i have been Involved with my community and i it has been an rewarding experience volunteering for Foster Elementary School and the Ballwin Park Library, Despite my pian to pursue a university 30 miles away from my hometown, I strived to remain acitve at Baldwin . Park. I interned at the California Mental Health Connection and was fortunate enough to learn about the resources available for residents in need of counseling, parenting classes and access to basic needs like shelter and food. Upon graduating from college,. I' worked for Baldwin Park Unified Dtstrlct as a Substitute Clark — ` In where I worked in the attendance office. In March, It will be a year working for Mt. San Antonio College. I am grateful for all the opportunities the city -of Baldwin Park has given me. I hope you consider this request,. . Thank you very much. Signa re Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. CITY OF BAL,DWIN PARK RECREATION /COMMUNITY SERVICES RECEIVED STUDENT COMMISSION INFORMATION FORM �� ldw ir. �c�1� iy� sCheat C mcLO�i s`FPAf� "T Name of High School ITO be completed by Name �f if-hQ,% Com Residence Address i Social Securii Ase: �....�(_�Date of Birth., _ 031 og24() Y # - f• Home Phone No. N �� Message Phone No. E-mail address: Grade: Graduation Year. `d Name of Parent(s) or Guardlan(s) H ffAan Lv (-C Z ��' r AlG1`� cork—', Student lives with: �soth Parents [ ] Mother [ ] Father [ ] Guardian Person to call in case of emergency: / ' Glc t ci Cd f Phone No,: 0 U1 Date Stuagrif's Signature Appointment Date:_,_,_,.,, Re -Appointment Date:_. Comments: _...._ cc: [ j Personnel Department [) Recreation Director [ ] Recreation Secre(my LETTER OF RECOMMENDATION Student's Name., H mAn Ca, RI Name of SchaoI igA I �j1Y, SAY, Graduating Class of 1020 Home Address Home Phone_ Note to Principal; Please provide a written letter of recommendation for the above named student. • aic iore�G. , 1 + xcwelffP,r iti cin z1u'C'��,r1c� �i•nr�it�e.C� S:�-t-in.¢ � rree.'�c°crr� ctn�E ���v�r,�t�r���7 �e,. {�:s-,r�,-��lv,r.it ' � '���ti �1� �t�...b yt`i�,f ✓f•+GV� VtG:i �Wl�r+.��.(��� (siCu•nl to tb- 1 G�1hV �lS'v�V4iuh�C4�iC�n S'l��l�) G£Z (-SfU�JI� c9 _ I y�,_. �r: r 4ti P._.1C�12, C't�!'�te . ',1i,1..f e'� T'tUt"hi P) e.���e tf° �CV1�L.d�,l �t4✓t �j �. ae e,�A-:"cm t coey\ V V\Jv\,t�&,I,Ul`c-,<-5 <�vv1rvq.55c'UY'r �` Op'snature Imr.MMIC PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION DEC U 8 2018 A UTILITY BILL AND A COPY PHOTO ID STATEMENT And STATEMENT OF QUALIFICATIONS Crrvc OF ��1)2-P MINT APPLICATION IS FOR THE FOLLOWING COMMISSION: Ret',re4:i"1 oh 4 C0rnmu4y f�r'Vr'apS (A sonarate aviollcatlon is reaulred for each commission) Name i� AV'OU Nck VV Je�On Residence Address Length of time at this Address: Iy.� E-mail address: _ _ V -. Home Phone No. - CelllMessage Phone No Are you 18 years of age or older? No Are you registered to vote in the City of Baldwin Park? 11419 Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? N'° if yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10(D12 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 dan comment on your capabilities and character. IMPORTANT. Read the following carefully and answer completely, A conviction Is not an automatic bar to appointment, Each case Is considered on its Individual merits. IV HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? t7 If yes, Piease list all offenses, date and place of offense(s), and sentencelflne received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a publo record. I oertky under penally of perjury under the laws of the State of California that the foregoing„ Is true and correct. L6 00 Date Signature J. fvot-uuFlt»I.::. ri�;ial : orF:Usa.T�;-,:;j=.::1._ ;i ..,,i, �� . .. kf : ,:- Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Dale: Appointment date: Residency voritication: ❑ Yes ❑ No Date: Term expiros:� i I Kq, u V F/YI Commission Requested__ �►nn,uni S Nam¢�"v�'c¢y` e e-ndr � � STATEMENT OP uALIPIC TIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be ' beneficial to the Council in consideration of your appointment to this commission. i; yt'c�, Ii c�h vel n, cL* p 161pe,$ 544't.r14—dJ/S�, "hI` rr,-y ito�o�s Glob w%,.r,t`3u�•r�wih I°afil< `y}� �uh.mc�IT ar�.L arua:hi�.tit,.r► .ra. L441c Tokyo pu66 1 i'6 afh I, i �n�.yfiyIQjj ora gm aj3-&J 5I4111S Nil I 1 elifuj.: i 1t vs!'11� 44S cavy, m i`ssio w' W-601 6e, 6 ,� rc� iv�r2. +� io ►i,ql Q,c•�'i r; jj t ►in ,; n tro 1a6aS,.�s kew`��rfh d.o'in.g %r my c,lu.p t{h a�c•VltlHan� i'u pramo�iw9 w►enial t :hhP sivdr"h) Irli �. r'�-�•reu.h-i mn.q� fi Q.1d Fr l p t W°o�Fereal. 1 :,F . Date; It /16/I$ Slgnature Notice, Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. i This Application and Statement of Qualiflcation will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the.tirne f of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this 1 application. 3:.. `;Pi.944~.ATTWHA. CITY OF BALDWIN PARK MAR 21 2019 CURRENT:COPY .OF APPLICATION F012 CITY COMMISSION A Ut'IUTY'B!i_I. ANO. CtTY0ffii LOVONIaARK A COPY OF YOUR And C"YCOKSDEhAKT TENT PHOT -0 ID . STATEMENT OF QUALiFICATIOIdS --=APPLICATION IS FOR THE FOLLOWING COMMISSION: ---;: K-r's.ij—C:tin�.c7�7ec� ie eanarAin annUeafinn fs reduired for each commission)_ PERSONAL INFORMATION: Name-• �Crt �t�C t`C1"+lG� c t7 -C,��-��' Residence Address -31- "-' Length of time at this Address;, E -mall address; j Home Phone No. CeiVRRessage Phone No, Are you 18 years of age or older? P Are you registered to vote In the City of Baldwin Park?, A - Do you currently serve as an elected or appoln�ed offloial for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position:F- EDUCATION:G, E, D.? Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 r2`i High School Graduate? a EMPLOYMENT INFORMATION f EXPERIENCE: A REFERENCES: Please provide the names of two (®) persons, who are not City of Boldwtn Park Elected or.Appointed.Officials and who i can comment on your capabilities and character, IMPORTANT: Read the following carefully and answer completely..A oonvickion Is not an automatic bar to appointment. Each case Is considered on its individual merits. 11 HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATIO11, , If yes, Please list all offenses, date and place of offenss(s), and sentencelfine received: tV ACKNOV&SDOEMENT/CERTIFICATION: I understand t upon filing, this application beoanes a pubilo reaord. c�rtli� E under pens t�j 'f perjury under the laws of the State of California that filt�foregolrg Is true an rent. OD �• Date Signature �`;arr1 ':v.. ; �: ;v �,' F:" '�';lis s�,:)wsn�I7Q g' . t6i � OV1�=till f � 8.:.�R.� 7, t' I '.8:8tOtl kph 1d1F, . Residency verification: ' ❑ Yes ❑ No Date: Voter Registration Verification: El Yes ❑ No Residency verification: ❑ Yes ❑ No Data: Appointment date: Residencv verification: 0 Yes 0 No Rate: Term expires: Exhibit "B" Roster of Commission Members U) W m W 2 Z N U U. Ix W H N N m E 0 c`0O> 3 c zN O r a o Zo N .E. 0 Z Z Z Z U > i i > 1 1 1 1 C14 m 41 v 0_ Z i 1 U U O N O O U o ,... C O > m U � m y N (V � a L U .- Z Z Z 2 a a a a Z a Z a Z a 0 _ 7 * * Q a v p �_ V �_ V 0 h 0 0 V N E E 0 O v d Z a Z Z 4. NC U y 0N a a U t) U N LQ > > > o Z ��' Z 3 Z r 0� �, a) r- 0,0 tai � r � c N I e4 I r C N M 7 a) I O C H O � � O c . r o cam° p°X X v_ p m ow }�°.OL 1 aW b j< O l mpp rA E Mnis .E V 0 d V U 4. 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