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CC - Acceptance Of Work For 1999-2000 Slurry Seal On Various City St.�41 staf lepor TO: HONORABLE MAYOR. AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK TRIPEPI, CITY MANAGER DATE: DECEMBER 6, 2000 RE: ACCEPTANCE OF WORK FOR 1999 -2000 SLURRY SEAL ON VARIOUS CITY STREETS The referenced project has been constructed in conformance with the approved plans and specifications. Attached is the final report of project cost. The original contract amount was $102,664.50. The total amount to be paid to the contractor including quantity adjustments and the retention is $96,340.52. RECOMMENDATION 1. Accept the above referenced project. 2. Authorize the recordation of the Notice of Completion by the City Clerk. 3. Authorize the release of the 10 percent retention payment 35, days after the recorded date of the Notice of Completion. Attachments 2000rsmd /staff rpts /city 2 2 00 a \ {k L /G\ � } O —- o§ 0 GLu w " LU< W # � £ _ _ F- 0 $ §j e §/ & . #i Cl) >- c< o E Of \ 2 {k!) (L CL U) LL E;[! o \� \ G S < u \) k \) 0 . 0 \ {k L /G\ 6 \ \ cl 0. E J, / P co Lo O o§ GLu : LU< W # » _ _ F- 0 W §j §/ . (\� Cl) >- c< >. Of \ (L U) LL o \� S u \) k \) U 6 \ \ cl 0. E J, / P co Lo i GLu : _ _ F- 0 ( (\� o \� \) \£ 6 e \ � L a k )§�� $ s §co s — \� i k \ . . 0 CD �� L6 6 e. g . Z J ' ` \ § ( . 0 . � § ' k - L ) ]) . F \ / ® LLI i5 \! ` c ( } E . U) . . { . �\ \ §) �I f 2 co . LU 6 \ \ cl 0. E J, / P co Lo Dec 12 00 09:14a GRC RSSOCIRTES INC 9093967714 P.I. GI�C ASSOCIATES, I N C. Economic Development Redevelopment Real Estate Consulting Affordable Housing 1340 S. Valley Vista Drive Suite 120 Diamond Bar, CA 91765 Telephone: (909) 396 -7714 Fax: (909) 396-7913 JaXAC'mo DATE: T0: FROM: RE: TIME: PHONE: FAX: PHONE: (909) 396 -7714 FAX: (909) 396.7913 CC: Number of pages including cover sheet: _2,2_ Hard Copy to Follow? Yes ❑ No �Qeea�e Dec 12 00 09:14a GRC ASSOCIATES INC 9093967714 p.2 Rosemead Housing and Community Center Bid Cost Breakdown 1 2 3 4 5 6 7 ]v0 E.M.on 2620 adMeusbp. 270 224 2610 -2900 ]maiden 6 UnnPpinq = knodo 001 OM33M FOIm36 Apit"olias. C 03200 Ralwo..A P45.o nlgsm, f.MrmM Ftmr I ft, M 01100,4000. 4812 M.uray 05120 S1u0uel 6t0o1 0550006510 M.UI FsWi.eww (8070.06100 -00199 WE Tnedri A Re 06200 Rides C.m.ney ou to Cwbm Cdaec e4 07130.011]2 Wd"Moklq 07100 TMIOC I ... I, on190'W.I., Red,lidnu 672102uu1n91naud8nn o7no -07510 eoud wul.A SIMIAd., 07020-077n Shot Maul Maki 0 Tr 07810 Frooddab0 07000 J.M soabn0 00110 E" peon 4 Flames 08210 Flrsll Wood omf 08257 Omn nlmnh9 Aaaembse, 00312A .aa D.2 F... 00130 COMg Co. D.ms 00.170 Ho,Up4al MdhVAC_eMbn De oulaa 90oo",dd. Ena1w.6 600. p". A.ul.bun SCO 0711 em)"ale, 09120 Coding Sum.Mion vivo PoNand COmanl pMsled 02EU GyMem Bova 093001a. d510 6„ 11.adw1 kod.." C.iinp 00040 Wool F,.o1n9 09672 Ebamm.ds L14wd rbonn9 Md.. D.ry.1 M099 W.I. Vdpar F dnian Laned: Bad. A--te. We* rl.nmw nano wa11 ^uov 09 009970 FAIMfm9 A Gm168 Pedal 10159 A 10200 TW.t Palobma A AM IMM.10520 0 10550 V.rbm SMpe 10650 Opw4h% paNAnM 11027 LMk ad.e. 110. AMU 59a.m 11170 less A Lawn alwes 11400 reps Cove. ERulvn.nl 11450.000106 ... 119M Teaal.M Ban Ad,-" :2400 Floe, Mdb 6 Fldmds Owns Moped F: 6 E is. Alto... 14240 Hyn.unc Ee.ptry 1ri6U Aulomok Fit. Spnnhlan tUM HYAC 14100614000 E1oddm.l 144301679/ mwmiv. FA, E,n. CO.J I G.nwal Cundilma done 288,550 280.000 3091300 no breakdow 500,000 351536 400,000 102 470 239,000 180.000 10,000 15.875 240,000 Ind 147,000 206,000 120000 203775 418,000 97,700 140,000 99,000 140000 164,023 145,000 225.000 200.000 190,000 240,000 198550 190,000 Ind 115,000 382000 120,000 167,100 134,006 673,989 450.00 0 487,000 500,000 540265 480 000 Ind 108,000 190,000 115,299 118.000 25,300 21.000 21,000 21,000 21,945 21,000 770,000 700,000 498000 1,000000 786,101 550,000 280,422 99,110 100000 140000 165.424 10,000 212,460 901850 93.000 130 000 165 760 90,000 1,590,893 1600.000 1,877,000 2250.000 1.758422- 2,029,000 245.047 144,000 254,000 90000 337,535 200,D00 210,634 650,000 380,000 850,000 341 715 661,000 31.319 55.000 25.000 37,600 67,925 40000 11,434 Ind 25,000 30,000 20.900 15,000 9,770 9,600 10,00 7,B32 m'000 70,966 77000 64,000 77.W0 7y1fi0 714000 147,500 158,50 158,00 180,000 148,913 159.000 55,840 86000 77000 105,000 163,803 157000 27,000 12.000 11.000 10.900 9.405 30,000 29,315 7,000 9 000 10,D00 19,333 25,000 ind 57.000 23 100.000 90.199 130.005 185.000 222.000 190,000 247,314 90,000 ind Ind 15.000 0 12,000 5000 2.500 7,030 6,000 1,046 4,000 6,500 2,700 6500 7,000 6.7921 8500 0 owned 29,M 24,005 a o 109 500 310 000 311,000 111.000 89,412 163 000 08,795 Ind 87,000 152,000 09,412' 152000 33,000 31,078 50,000 233,296 153,000 37.000 210000 193.325 279,000 20.000 52,000 69,412 0 Ind 20000 41.800 20.000 190,242 194.000 188,0001 219,000 226 ,040 215,000 432,8451 452,000 452.000 435.000 621,775 432.000 46,900 55000 61,000 55,000 55.385 62,110 0 57,124 55,000 57,000 57.000 37,625 5],000 112 000 104,000 111 000 104,000 117.040 105,000 and 950 4.000 21090 2.500 227.665 104,000 224,000 135,000 100,940 198,000 0 8350 57,000 41,800 195,000 0 57, 57,000 - "- 40.000 - 60.6101 76.000 49,8W 85,000 KOW 50,000 26,020 25,000 187468 270000' 315000 165.000 227,398 291,000 0 12,000 18.000 31000 51,205 35.001) 1.867 34,000 81600 16000 27,275 8.000 24,941 25000 41,000 25.000 40,745 25,003 0 6,000 500 1,254 500 91,875 91,000 91,500 100,000 5,885 5.000 7,000 7,000 6,620 10.0W 1101733 111,000 110,000 111,000 103,319 123,000 57,384 60000 65,000 151,525 100,o0D ind 36000 20,000 34.000 D 0 687 1,500 2,000 - - _ '2.000 "- '- 1.672 6,000 200,000 200oo 200,000 200,000 200,000 200,000 200,000 0 171.400 173,000 170,000 174,126 171,000 481.200 930,000 481,000 600.000 893,475 716,000 157,800 176000 137.000 200.000 204,620 150,000 425,000 418000 425,000 430,000 M124225 416,000 780.400 1,600.0001 1.205,0001 1,540,000 1,864.472 1,704000 125905 71.6001 1 0.061 1 440,000 1,727079 1,050.000 654000 500,000 501,900 1,413,500 110973 94000 100.000 72.000 71,2e6 76,000 Tnul Did 11,364,418 12,351,205 12,868,000 12,875.755 13,273.000 13.519,003 14.477,000 SENT BY WALLIN KRESS REISMAN ;11 -22- 0 ; 9 14AN (310) 450 -0506 DESTINATION: TO: FROM: DATE/TIME: VdALLIN, KRESS, REISMAN & KRANITZ LAW OFFICES 28UD TWENTY- EIGHTH STREET, SUI'1TF 315 SANTA MONICA, CALIFORNIA 9D405 -6205 TELEPHONE (310) 450 -959 FAX (310) 450 -0506 Roscmead City Ball Frank Tripcpi Peter L. Wallin November 22, 2000 / 9:22 AM cr RE: Status Repot on Eaton Village Shopping Center N0. O] PAGES (INCLUDING THIS ONE): 5 �S �� , ., f..�I 1 L,i\ P.�^,L 626 307 92!8,# )/ 5 i SENT BY W.ALLIN KRESS REISM.AN ;11 -22- 0 : ° 14AM ; 13101 450 -D506- WALL-IN, KRESS, REISMAN & KRANITZ uw occlGC9 pnnq rwcu��- EiOr�T r. STREr�_ 5in'rn un 5 NTA mONICA. CALIFORNIA SU <OB -E206 TELCRI -IONC 13101 fD0'4Rfi2 ,..:aiV.1LC 1310, n6n -ncol? Confidential Memorandum — Attorney /Client Privilege 626 307 9218;*' 2/ 5 To: Frank Tripepi, Txecutive Director, Rosemead Redevelopment Agency From: Peter al kA ncy Counsel Subject: Staves Report on Eaton Village Shopping Center Date: November 21, 2000 The Eaton Villagc Shopping Center is proposed for a 30 acre site in the cities of El Monte and Rosemead. Some, but not all, of the Rosemead site is within the boundaries of Project Arca No. 2 and some, but not all., of the El Monte Site is within the boundaries of the Northwest El Monte Redevelopment Project. The developer intends to develop 750,000 square feet of leaseablc area on the site. Al the ,Agency's September 26, 2000, meeting, the developer represented that agreements have been negotiated to acquire most of the site, and that Wal -Mart is expected to be an anchor tenant. At that meeting the Board asked staff to work with the developer and the Ciry of l,l Monte to achieve the project. The following has transpired since that meeting: Tenants of the Shoppine Center We have no evidence that the developer has made any significant progress securing quality tenants. 1'he Developer continues to pursue Wal -Mart as an anchor for the development and claims that he has letters of intent from Ralph's..iillian (bowling alley, electronic games) and Polar Ice (skating rink). Ilowever, staff has not been presented With any letters of intent or other form of commitment to the project from any tenants. Moreover, based upon your discussions with'Nal -Mart representatives they are not a likely candidate for the center because they have preferred locations and are concerned that the developer has insufficient experience to carry out the project. i SENT 5Y IIALLIN KRESS REISMAN ;11 -22- 0.; 01:150 ; I31D) 450 -0506 . 625 307 9218;4 3/ 5 WALLIN, KREss, REISMAN 5 KRANITZ �.�w OvviC E_ I�rank Tripepi Page 2 November 21, 2000 Owner Participation Letters Letters were sent to all property owners and businesses within the portion of the development site that lies within Project ?sea 4 2 boundaries, inviting them to submit owner participation proposals. tinder the Agency's Owner Participation Rules, this is a prerequisite to entering into an agreement with an outside developer. The Agency has received two written responses. One, Prom Weatheritc Rooting, proposes to acquire an adjacent parcel and construct additional space to house the roofing business conducted on the property. This proposal will be considered simultaneously with the proposal from the Eaton Village developer. The other, from Golden Life Medical Group, seeks the right to participate as a tenant in the new location. Developer's Acquisition of I'ropem, for the Projec+. There are approximately 36 parcels to be acquired in the City of Rusemead..Thc developer has presented us with evidence that seven of those parcels arc in escrow (see enclosed list), and escrow was scheduled to close on those parcels last week. Ilowever; none oPthem did. The escrow officer has advised us that they arc waiting for money to fund the closings and escrow amendments to authorize closing later than was provided in the original agreements. Other than those seven parcels, there arc 29 parcels in the City of"Roscmead on which negotiations have yet to be concluded, eight to ten of which contain residences. While the developer has assured us that he will be successful in negotiating the acquisition of almost all of these, if he is unsuCCessful he would look to the public agencies involved to acquire those parcels under the power of eminent domain. Aerccment_with Developer The developer has submitted to us a draft owner participation /development agreement. The proposed agreement is between the developer and the Rosemead Redevelopment Agency, the El Monte Redevelopment Agency and a joint powers authority ( °JPA ") comprised of Parking Authorities from the two cities and the two redevelopment agencies. The function of the JPA is to acquire all parcels in the project site that the developer is unable to acquire. SENT BY: WALLIN KRESS REISMAN ;11 -22 0 ; 0 :15AM ; 13101 450-0506- . 626 307 9218;R 4/ 5 WALLIN, KRESS, REISMAN 6 KRANITZ i, r.w orriGc Frank Tripepi Page 3 November 21, 2000 The developer represents that approval of the agreement at the outset is necessary to enable him to secure financing and leasing commitments. Accordingly; he is asking that the project proceed as follows: 1. Parking Authorities and JPA be formed. 2. Parties enter into Agreement with developer and developer deposits money to cover public agency costs of implementing the agreement, including the estimated property acquisition costs. 3. Developer continues to negotiate to secure tenants. If, prior to commencing acquisition of property the developer does not secure commitments from anchor tenants acceptable to the public agencies, either the public agencies or developer can terminate the agreement. 4. The JPA obtains appraisals and relocation cost estimates for acquisition of the site. 5. if acquisition and relocation casts Eire determined to cxcecd the current estimate, the developer has the option to terminate the agreement. If not.- or if the developer elects to proceed notwithstanding the unanticipated cost, the developer deposit is to be increased to 12.5% of estimated costs prior to the JI'A commencing acquisition. b, Once the developer has deposited sufficient finds, the .I P.4 will proceed with acquisition offers. If the JPA is unable to enter escrnw.tn acquire all properties by negotiation it will consider condemnation procccdings for the parcels not acquired. If the JPA elects to condemn, all parcels in the silt (other than those already acquired by developer) will be acquired by the JPA. If the JPA elects not to condemn, pending cscrows will be canceled and the agreement with the developer will be terminated without I'ahility to the developer, and unexpended funds from the deposit will be returned to the developer. Agency staff is concerned that if the Agency enters into the agreement prnpn.ecd by the developer, it will find itself locked into a contractual relationship that Nvi11 only he terminated if the developer fails to produce. Essentially the. developer has not cnlne to us with a development ready to be built. Instead the developer necks to tie up the property SENT BY WALLIN KRESS REiSMAN ;11 -22- 0 ; 9 16AM ; (310) 450-0006- 626 307 2218;# 5/ 5 VVALLIN, KRESS,- REISMAN E. KRANITZ ,nw "—, eS - Frank Tripepi Page 4 November 21, 2000 and then use property control to shop tenants for the development. if he fails, he i out whatever is futilely spent to pursue the project. It is preferable to defer such a commitment to the project until the developer demonstrates that he has an economically viable project and tenants acceptable to the Agency to occupy it. Prior to the September 26, 2000, meeting staff had suggested that the developer tackle a smaller development on a portion of the site. anchored by a major supermarket. Developer in response indicated that because of the cost of bridging the wash, the development was more feasible as a larger project and that Wal -Mart was now interested, in the site. 'I'wo months have passed and we have seen no evidence that Wal -Mart is committed to the site. The Agency Board's direction was predicated on Wal -Mart or an equivalent anchor being included, and the developer should be required to convincingly demonstrate what he has in hand before we take the contractual relationships necessary to implement the pro ject. to the Agency Board. Other Environmental. The City of El Monte has prepared, with the developer's funds, an initial study and a traffic study for the project. Those documents are now being reviewed by hoth cities. Zone Chance. The developer has deposited fees with Rosemead for processing a zone change and general plan amendment for those portions of the site currently designated for industrial use. As the developer does not currently own the.Site, the City will jointly initiate the re- zoning and land use amendment. RECEIVED CITY OF ROSEMEAD Rosemead Redevelopment Project Area No. 2 OCT $ 2000. Statement of Interest in Participation CITY CLERK'S OFFICE I. hereby express my interest in participating in the Rosemead Redevelopment Project Area No..2 (the "Project Area ") and submit the following information: 1. Name: Jerry Dearden Telephone (800) 828 -4646 2. Home Address: president of Jerry Dearclen, Inc., doing business as Weatherite Roofing 3. Name of Business Weatherite Roofing 4. Address of Business: 4016 Temple City Blvd.. Rosemead California 91770 5. My present involvement in the Project Area is (please check where applicable): I now own ( XX ); am a Tenant ( ); and wish to rehabilitate (); build ( ); sell ( ) my present property. , If Tenant, indicate: month -to -month ( ); lease ( ); term of lease ( ); _ expiration date of lease: Options extend lease to If lease, is there an option to purchase? Yes ( ); No (): Comments: 6. 1 am interested in participating: As a Property Owner ( XX ); As a Tenant ( ); Other (please describe): 7. My present type of business is: roofing contractor 1 8. If I participate: I would like to continue at the same location ( XX ) I would like to change my present location ( -) 'I would like to acquire real property for expansion (indicate approximate location requirements) Ideally, I would like to acquire the adjacent lot at 9701 Valley Blvd., combine the two lots to a single lot of about 19,000 square feet, and improve it with new construction. 9. Background, experience, and information concerning your proposal (you may include further information on this page or attach additional sheets if you desire to do so): (a) Generally describe background and experience: I have been in the roofing business since 1965, and Weatherite Roofing, a family business, has been in its present location since about 1970. We have investigated various alternatives and have drawn up several possible plans. to improve the property. (b) Describe the activities you propose and indicate your experience relevant to your proposal: Remodel of existing building and /or construction of a new building, as well as imrrovement of hardscaoe, landscape, fencing, etc., to upgrade the use and visual appeal of the business. (c) If you enclose a business plan or construction and operating proforma relative to your proposed activity, these will be considered with your Statement of Interest. 2 ADDITIONAL REMARKS: For months we have expressed our desire to participate in the redevelopment plan to the benefit of our business, the neighbor- hood, and the City of Rosemead. We seek any guidance, assistance, or cooperation that the City might be able to provide. 10. 1 understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project. Signed: i Print Name: r r y Dearden Title (if applicable): President, Jerry Dearden, Inc. dba Weatherite Dated: Roofing September 29, 2000 RETURN WITHIN 14 DAYS TO: Statement of Interest Rosemead Redevelopment Agency 8838 E. Valley Boulevard Rosemead, CA 91770 3 Rosemead Redevelopment Project Area No. 2 Statement of Interest in Participation I hereby express my interest in participating in the Rosemead Redevelopment Project Area No. 2 (the "Project Area ") and submit the following information: 1. Name: L4ktt04q G %c Telephone 6-24 �W / 2. - Home 'L '( 3. Name of Business: � � _ ��"` 'r' "" e f a / Yx if LA : c T��.7h` 4. Address of Business:' 5. My present involvement in the Project Area is (please check where applicable) I now .own (); am a Tenant ( ); and wish to rehabilitate ( ); build ( ); sell ( ) my present property. If Tenant, indicate: month -to -month ( ); lease ( ); term of lease (. ); expiration date of lease: Options extend lease to If lease, is there an option to purchase? Yes ( ); No ( ). Comments: 6. 1 am interested in participating:' As a Property Owner As a Tenant ( ); Other (please describe): 7. My present type of business is: REGE CITY t?;'' r?0 - gz -Aro OCT 3 0 2000 CITY C'LE=RI /'a G-PReE CJ. }-V(-t -Q. 1 8. If I participate: I would like to continue at the same location (�) I would like to change my present location ( ) I would like to acquire real property for expansion (indicate approximate location requirements) 9.. Background, experience, and information concerning your proposal ,(you may include further information on this page or attach additional sheets if you desire to do so): r (a) Generally describe background and experience: Gw✓e a, /0 rl � (one 5e4r1r` cR— Cznt+ q,r. tJe n. ,3n hGWe �7eA -t+BI fL S�eS !! ` C- �'^L.� i..A.✓� s kip L,r g U-0-fu e 0w � l JZJ-k l e +Re .4A".e P rte; We 17ea, -IA C' G - 5fm-C- � t-t�c,.Q J,o cJ 5�/.-�t. M i-fi.1 r"i %Pc;c.R_ . (b) Describe the activities you (propose and indicate your experience relevant to your proposal: (nie ane. a m ej-�' caL 6 ^ �� rz csf ' c1✓ v 9 mej—i c.xk C& A-n-y i&/'rZ krw 2 -'5 e/r v e'k -i-k e 2a (c) If you enclose a business.plan or construction and operating proforma relative to your proposed activity, these will be considered with your Statement of Interest. Pj ADDITIONAL REMARKS: 7 T ILA � 00- �i,J- P=1L+L,P�. /) 2. C �, b' !a E. /riA -c.vl CP+t C.Ll7t 10. 1 understand that submission of this obligate me to participate in the Proje i Signed: Print Name' oil Title (if applicable): Dated: ( Df°Z RETURN WITHIN 14 DAYS TO: of Interest does not in any way Statement of Interest Rosemead Redevelopment Agency 8838 E. Valley Boulevard Rosemead, CA 91770 3 nt- y a-lAjq� �� J ' � . ' I o 4t-e (� ✓�c_ �Ll, .lie.. /JY�/ 2(� G�.n i � `,yam GC/LO` 10. 1 understand that submission of this obligate me to participate in the Proje i Signed: Print Name' oil Title (if applicable): Dated: ( Df°Z RETURN WITHIN 14 DAYS TO: of Interest does not in any way Statement of Interest Rosemead Redevelopment Agency 8838 E. Valley Boulevard Rosemead, CA 91770 3 SENT BY: WALLIN KRESS REISMAN ;11 -17- 0'; 3 :21PM (310) 450 -0506 r4ov -IT -2000 02; 549a Fronr Fidelity National Title Company ATTN: AARON FRIEDLAND. ESO. FAX 213 529 1033 ATTN: ROBERT McCOY FAX 213.617 6003 FROM: Mary venia 626 307 9218,# 2/ 2 PA erG _{RAfi M1 AION DATE: August 25, 2000 N0, OF PAGES: 1 • Including roversheet ESCROW NO: 88208 -MV TITLE ORDER NO: 09750206 SENDING LIST OF ANTICIPATED. CLOSING DATES PER YOUR REQUEST: Escrow No 99312 RascOnan 26, 2000 Escrow No 99206 Durg P te 2000 Escrow No 99203 Camarena . September 6, 2000 Escrow No 99200 Logan saptember 26. 2000 Escrow No 99188 Ixumigawa December 20, 2000 NOTE: It there ire any questions concerning this transmission Plesse cell Mary Venia aT (213) Gas-9301 PLEASE NOTE. In the event anv at mesa pages require an OR1131NAL SIGNATURE, Please eopy tlu fax transmittal pegslsr ano sign an the PHOTO COP\, and rewrn to u4 with tht original signature. THANK YOU. The information contained in this fectimita is legally privilogtd and confidential information intended only for the use of the individual or ontiTy named above. If the reader of this message is nr,t the intended recipient, you are herepy notified that Any dissemination. disVibvtion or copy of this facsimile is strictly prohibited. If you have received this facsimile in error. please immediately nOt;fy .rs by telephone and return the Ofiginal facsimils to us 61 the address e Day e via the Umtad Sinus Postal Service. ThanK you. - __, .. -_..- ,.. - - „�n. .. •.._,.. r• •M+�• nl < +sotm- Ant --PAX r2131885 97Sa SAIN GABRIEL VALLEY JDL leader 1 /' • a cities' oil sectarian ,, By Marianne Love ` STAFP WRITER The man w %no won a lawsuit pro- - hibiting sectarian prayer at Burbank City Council meetings said he will now go to several San Gabriel Malley cities and demand they do the same. iry Rubin, national director of the Jewish Defense League. said Friday brat Rosemead and Arcadia can expect visit from him soon. "We are going back, to Rosemead the week after we go to Burbank on N '6" R b id "First we are going to buy some tapes. Listen to what they have been up to and pay, them a visit. They have already been put on notice. And then we are going to Arcadia and ar*,where else we need to go, because we feel using the name of Jesus is wrong." On Nov. 16, Los Angeles Superior Court Judge Alexander Williams ID said prayer itself doesn't infringe on a person's constitutional rights, but naming particular deities makes it a religious prayer and violates the First .Amendment. ' _ ov. L , u m scar - Please turn to SUIT / A5 SAN GABRIEL �7ALLGY TRIBUNE AS Act,Mst «urns councils about meeting pravers Continued from Al Rubin and co- complaintant Roberto Alejandro Gandara. a Rosemead activist and Christ- ian. sued after Rubin attended a Burbank City Council meeting where the name of Jesus was invoked. In October 1999. Gandara had also challenged the Rose- mead council's policy of naming C'tiist it its payers.. Rosemead and Arcadia of- ciaL said they would review the Judge's ruling. Rosemead City Manager Paul Tripepi said he hasn't seen the judge's r uling. Butt as he understands it. prayer is not banned. but city councils are prohibited from using the name T, Jesus Christ in a prayer. "You can still have invoca- tions and Rosemead will contin- ue to have them. They've been doing invocations before council meetings for the last 41 years," he said. in Arcadia, City Attorney Stephen D -itsch is looking into the practice it,, light of the rul- ing "It's been on the agenda for 1 don't know how many years. To an issue with the residents of -Arcadia. I would say this is not a big problem for us," City Manag- er Bill Kelly said. "It's going to be up to the City Council whether they continue it or not." Santa Monica -based attorney Roger Jon Diamond, who filed the suit, said the lawsuit techni- cally applies only to Burbank, but that other cities will eventu- ally have to comply. Diamond said city officials should act in good faith and refrain from sectarian prayers before council meetings. "We are assuming city offi- cials will act in good faith — no pun intended — and obey the Constitution," he said. "Citizens should not have to sue govern. ment officials to force them to obey the law. When these people take office they swear to uphold the Constitution, and the Consti- tution includes a prohibition against government - sponsored religion. If these city council members and mayor=_ in the San Gabriel Valley — if they were sincere in their oath — they should ask their respective city attorneys for their opinion." However, officials from many San Gabriel Valley cities said they were unaware of the judge's ruling and would not be making changes. El Monte regularly opens its meetings with a secular prayer delivered by a local Christian minister., police chaplains and usually they.invoke the name of Jesus," Ciry Manager Harold Johanson said. "It's never been an issue here and we don't plan on chang- ing, nor have we had a request to change. As far as I know we have never been challenged and have no requests to change." Agent Ervin Reyburn coordinator of the chaplain divi- sion through the El Monte Police Department, said he wasn't familiar with the recent court decision, nor had - anyone informed him about it "I find it distressing that the wishes of a few override the desire of the many," he said. "Lt you go in and study the intent of our forefathers and the intent of the Constitution, you'd find that saving there should be a separa- tion of church and state is i,ncor rect." It, the past, ministers would use Heavenly Father, God or Jesus Christ at West Covina Cin Council meetings. But lately, City Manager Dan Hobbs has been saying the invocation, and n-ies to keep it nonsectarian. "Actually, I had one com- plaint about the prover I said at the last Cjty Council meeting." Hobbs said. "Because it was Thanksgiving, I said a prayer of thanks 'based on a Native Ameri- can tradition. The complaint was that it wasn't Christian." Hobbs, a Christian himself, said he was going to check with his city attorney, about the court iar' with 'it Dayle Keller, city manager of Baldwin Park for the past year, said she was not familiar with the ruling either and that a prayer is said before meetings. "I'll be checking with our city attorney," she said. The city of San Dimas gave up invocations in 1990. "As a whole, we decided it wasn't appropriate and wouldn't have it any more," Councilman Denis Berton- said. "No one came before the council. No one decided to sue us. We all have our own religion. a respect for other religions and the realiza- aoD and respec of our Constim- tion that has a separation of church and state." Although Diamond said it was possible for councils to con - tinue sponsoring religious prayers iust as it was possible for. a thief to go into a store and . steal, not all criminals get. caught- 11 city officials think the court's decision is erroneous, they can appeal by filing a. Friend of the Court brit "After a1 we are a country of laws. which should be obeved." Diamond said. The time to appeal the deci- sion runs out in 60 days from the: cling. Marianne L v can be reached al (626) 962 -8811, Ext 2108, or tin e-mail a: marianne Wtv sae mme people wens 9 touts it very oontesim}..• �m see It than wmm mponod: Howard Melton James Daley a Palm &ado FA intrrodduuciii.ngg/�� Alt, in join all the whos in Who - can' t - figure - out- a- simple-ballolville THATHEARTWARMIX & ECTION DAY CLASSfCA OWON THEM SCREEN! PRINCIPALS AIA DEON BAHR FAIA GEORGE HAECKER AIA GARY BROEN FAIA DALE W BROWN AIA DAN M. WORTH AIA PAUL JEFFREY AIA DANIEL A. SPIRY AIA ROBERT H. CARPENTER AIA ROBERT G.LEZ07TE AIA JOHN SINOVIC AIA GARY L. GOLDSTEIN AIA EMERITUS LYNN E.VERMEER AIA EMERITUS $EUIOR ISSOCATES PAM SCHOONOVER SPHR J, : r_RG AIA. C!'i.TIE _I S.OLSON AIA GREGORY SHEEHY AIA ASSOCIATES JAMES L. HANDELAND DAVID D. COOPER KURTIS A. SUHR STEVEN t9. WEBER KENNETH P SCOFIELD AIA ANTHONY C, HAZUKA AIA JOHN >n. DUENSING STEPHEN A. KUCHENSKI AN MICHAEL E. DAILY AIA TIM B. LOSEKE ROGER E. SLOSSON DANIEL J. GRASSO AIA GILL PE =CE NICOIETTE AMUNDSON AIA JOSEPH PBRUDNEY AIA CHUONG AGO 16 N. L:ARENGO NO. 700 PASADENA CALIFORNIA 9i101 V 626 405 8001 F 626:05 8150 LJNCC' N NEBRASKA OMAHA NEBRASKA . . Cm.com BAHR VERMEER HAECKER w�ai 5 }n t i rim 16 October 2000 Mr. Don Wagner City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 RE: Rosemead Garvey Avenue Sr. Housing Community Center BVH Project No. C98073 Dear Mr. Wagner SUBJECT: Consent to Assignment We wish to advise'you that Robert Carpenter and Dale Brown have formed a new architectural firm, Onyx Architects, Inc. ( "Onyx "). Additionally, Bahr, Vermeer Haecker Architects, Ltd. ( "BVH ") and Onyx have signed a letter of intent pursuant to which Onyx will be purchasing the Pasadena office of BVH, including certain ongoing projects. One of the projects which Onyx would like to purchase and BVH would like to sell is the project referenced above which BVH has undertaken for you pursuant to that agreement between Architect and Owner dated 1 June, 1999 (the "Contract "). Following this sale, BVH intends to discontinue having a Southern California based office but will continue to complete all California projects not acquired by Onyx. The purpose of this letter is to seek your consent to BVH's assignment of all of its rights and delegation of all of its duties pursuant to the Contract to Onyx effective upon the day the sale closes. BVH will retain ownership of any funds owing for work performed on the Contract prior to the closing of the sale and Onyx will assume all uncompleted duties and obligations as of that time. Should you consent to this assignment, you would be looking solely to Onyx to complete all remaining obligations under the Contract. If you consent to the foregoing assignment of rights and delegation of duties, please sign and return a copy of this letter. Both BVH and Onyx will notify you when this sale closes and the assignment has been made. Sincerely, BAHR VERMEER & H C R, ARCHITECTS, LTD. Gary Bowen, FAIA President tr /documentl 16 October 2000 Name and Title PRINCIPALS DEON BAHR FAIA GEORGE HAECKER AIA GARY BOOEN FAIA DALE'.-I. BROWN AIA DAN M. 'NORTH AIA PAUL JEFREY AIA DANIEL A, SPIRY AIA ROBERT H. CARPENTER AIA ROBERT G LEZOTTF AIA JOHN SINOVIC AIA GARY L. GOLDSTEIN AIA EMERITUS AIA LYNN E. VERMEER AIA EMERITUS AIA SENIOR PSSOCIATIS PAM SCHOONOVER SPHR JF:dG B. i;ERG CURTIS J. S. OLSON AIA GREGORY SHEEHY AIA ASSOCIATES JAMES L. HANDELAND DAVID D. COOPER KURTIS A. SUHR STEVEN `N WEBER KENNETH P SCOFIELD AIA ANTHONY C. HAZUKA AIA JOHN M. DUENSING STEPHEN A. KUCHENSKI AIA MICHAEL E. DAILY AIA TIM B. LOSEKE ROGER E. SLOSSON DANIEL J. GRASSO AIA GILL PEACE NICOLET EE AMUNDSON AIA JOSEPH P. BRUDNEY AIA CHUONGNGO 16 N. MARENGO NO. 700 PASADENA CALIFORNIA 91101 V 626 405 8001 F 626 405 8150 LINCOi-N NEBRASKA OMAHA NEBRASKA wvru. bvn.com BAHR VERMEER HAECKER ANON- ' 16 October 2000 Mr. Don Wagner City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 RE: Rosemead Garvey Avenue Sr. Housing Community Center BVH Project No. C98073 Dear Mr. Wagner SUBJECT: Consent to Assignment We wish to advise you that Robert Carpenter and Dale Brown have formed a new architectural firm, Onyx Architects, Inc. ( "Onyx "). Additionally, Bahr, Vermeer Haecker Architects, Ltd. ( "BVH ") and Onyx have signed a letter of intent pursuant to which Onyx will be purchasing the Pasadena office of BVH, including certain ongoing projects. One of the projects which Onyx would like to purchase and BVH would like to sell is the project referenced above which BVH has undertaken for you pursuant to that agreement between Architect and Owner dated 1 June, 1999 (the "Contract "). Following this sale, BVH intends to discontinue having a Southern California based office but will continue to complete all California projects not acquired by Onyx. The purpose of this letter is to seek your consent to BVH's assignment of all of its rights and delegation of all of its duties pursuant to the Contract to Onyx effective upon the day the sale closes. BVH will retain ownership of any funds owing for work performed on the Contract prior to the closing of the sale and Onyx will assume all uncompleted duties and obligations as of that time. Should you consent to this assignment, you would be looking solely to Onyx to complete all remaining obligations under the Contract. If you consent to the foregoing assignment of rights and delegation of duties, please sign and return a copy of this letter. Both BVH and Onyx will notify you when this sale closes and the assignment has been made. Sincerely, BAHR VERMEER & H CKER, ARCHITECTS, LTD. Gary Bowen, FAIA President tr /dccumentl 16 October 2000 Name and Title TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD.CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGE,_ RE: RESOLUTION NO. 98 -37 - A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE FIRST AMENDMENT TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT Attached for your consideration is a letter from the San Gabriel Valley Council of Governments requesting that member cities amend the Joint Powers Agreement to allow the creation of the San Gabriel Valley Gateway to America Construction Authority that will carry out the day to day implementation of the Alameda Corridor -East, Gateway to America Project. As a result of current construction of the Alameda Corridor, there will be increased train traffic from the San Pedro\Long Beach area through existing San Gabriel Valley railroad lines. The Council of Governments will receive approximately $300 million in partial funding that is needed to align the tracks and construct grade separations. The total cost is estimated to be $1 billion. The Construction Authority will receive its funding from the COG which will receive funds from federal, state and private sources. Attached is the Resolution with attachments, a letter from the COG, and additional information on the Gateway to America Project. RECOMMENDATION It is recommended that the Rosemead City Council adopt Resolution 98 -37 Approving and Adopting the First Amendment to the San Gabriel Valley Council of Governments Joint Powers Authority Agreement. COUNCIL AGENDA AUG 2 51998 ITEM No. = • -Z) - RESOLUTION NO. 98 -37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE FIRST AMENDMENT TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT WHEREAS, the San Gabriel Valley Council of Governments ( SGVCOG) was established by that certain Joint Powers Authority Agreement entered into as of March 1, 1994; and WHEREAS, the SGVCOG is contemplating approval of the Alamenda Corridor -East, Gateway to America Project (Project); and WHEREAS, the SGVCOG is in the process of undertaking environmental review of such Project and is in the process of seeking and receiving funds for the Project; and WHEREAS, any funds received by the SGVCOG for the Project will include restrictions and responsibilities concerning such funds, imposed by Federal, State and local entities, requiring the SGVCOG to monitor and control the spending of such funds; and WHEREAS, the administration of the Project and the day -to -day implementation of the Project will require significant time and effort, which would detract from the SGVCOG Governing Board's other duties and responsibilities; and WHEREAS, the First Amendments to San Gabriel Valley Council of Governments Joint Powers Authority Agreement would create the Alameda Corridor East - Construction Authority which would have responsibility for the day -to -day implementation of the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the First Amendment to San Gabriel Valley Council of Governments Joint Powers Authority Agreement, attached hereto and incorporated herein by this reference, is approved and adopted. SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED THIS 25TII DAY OF AUGUST, 1998. MAYOR ATTEST: CITY CLERK FIRST AMENDMENT TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT This First Amendment to San Gabriel Valley Council of Governments Joint Powers Authority Agreement (`Amendment ") is entered into by and between the members of the San Gabriel Valley Council of Governments ( "SGVCOG ") and is intended to amend that certain Joint Powers Authority Agreement ( "JPA Agreement ") entered into by and between the members of the San Gabriel Valley Council of Governments, effective March 1, 1994. This Amendment is entered into with respect to the following facts: RECITALS 1. Whereas the SGVCOG was established by that certain Joint Powers Authority Agreement entered into as of March 1, 1994; and 2. Whereas the SGVCOG is contemplating approval of the Alameda Corridor — East, Gateway to America Project ("Project"), and 3. Whereas the SGVCOG is in the process of undertaking environmental review of such Project and is in the process of seeking and receiving funds for the Project, and 4. Whereas any funds received by the SGVCOG for the Project will include restrictions and responsibilities concerning such funds, imposed by Federal, State and local entities, requiring the SGVCOG to monitor and control the spending of such funds; and 5. Whereas the administration of the Project and "the day -to -day implementation of the Project will require significant time and effort, which would detract from the Governing Board's other duties and responsibilities. NOW, THEREFORE, the members of the SGVCOG do hereby agree as follows: SECTION 1. The JPA Agreement is hereby amended to include the following language: "Section 27. Alameda Corridor — East. Gateway to America Construction Authority. a. In addition to the Governing Board of the Council, there shall be an Alameda Corridor — East, Gateway to America Construction Authority (the "ACE Construction Authority "). The ACE Construction Authority shall have responsibility for the day -to -day implementation of the Alameda Corridor — East, Gateway to America Project (the "Project ") as ultimately adopted and approved by the Governing Board pursuant to Federal, State and local regulations. To facilitate such implementation of the Project, the ACE Construction Authority, upon the assignment of funds to it and subject to such restrictions imposed by Federal, State and local Governmental entities and by the SGVCOG Governing Board, shall have the following powers to act on behalf of the San Gabriel Valley Council of Governments: (1) To make and enter into contracts, including public works contracts and contracts for design, materials and construction, and for the services of engineers, consultants, planners, and single purpose public or private groups, on behalf of and in the name of the SGVCOG; (2) To employ agents, officers and employees; (3) To acquire, by purchase or eminent domain, construct, reconstruct, rehabilitate, maintain in whole or in part, on behalf of and in the name of the SGVCOG, land, facilities and appurtenances necessary or convenient for the completion of the Project; (4) To lease, manage, maintain, and operate on behalf of and in the name of the SGVCOG any buildings, works or improvements; and (5) To provide for or obtain insurance for the SGVCOG and members of the ACE Construction Authority, and their agents, officers, and employees. The powers of the ACE Construction Authority shall be exercised only in furtherance of the Project and may be further limited and/or expanded by the SGVCOG by -laws, as adopted or amended by the Governing Board. C. The ACE Construction Authority shall be comprised of nine (9) members, the qualifications for which shall be set forth in the by -laws. The ACE Construction Authority shall consist of one member from each municipal jurisdiction within which the Project, or any phase thereof, will be constructed; one member from each non- member jurisdiction: (the City of Los Angeles, the County of Los Angeles and the City of Pico Rivera); and the President of the SGVCOG, or his or her delagee. For non - SGVCOG member jurisdictions, participation on the Committee shall require an agreement between the non - member jurisdiction and the SGVCOG by which the non - member jurisdiction agrees to be bound by this Amendment and the SGVCOG by -laws governing the ACE Construction Authority. d. It is contemplated that the SGVCOG will receive funds to be used for the Project from various federal, state and local funding sources and that the Refs: 548.2 receipt of such funds will be conditioned by regulation, law or agreement. The Governing Board shall have control of all such funds until such time as responsibility for management and/or use of the funds is transferred to the ACE Construction Authority by the Board by appropriate Board Action. Such Action, in additional to the delegation of annual budgeting authority, may contain restrictions on the use of such funds and on the ACE Construction Authority, in addition to any found in the Board - adopted by -laws, and as is required by Federal, State and local entities and the SGVCOG e. The ACE Construction Authority may be dissolved by the Board upon a majority (50% + 1) vote. In the event that the Committee is dissolved by the Board, the Board shall succeed to the rights, responsibilities, obligations and duties of the ACE Construction Authority." SECTION 2. This Amendment to the San Gabriel Valley Council of Governments Joint Powers Agreement shall be effective September 17, 1998 if fifty percent (50 %) plus one (1) of the members of the SGVCOG have signed this Amendment by that date. If not, then the effective date shall be the first date upon which fifty (50 %) plus one (1) of the members sign this Amendment. This Amendment may be executed in counterparts. The members of the San Gabriel Valley Council of Governments have caused this Amendment to be executed on their behalf, respectively, as follows: City of Mayor Attest: City Clerk] Refk 548.2 °• ::: San Gabriel Valley Council of Governments ... 3A71 Fasf Colorado Rrndavard FGlity 101 PasadF!na f.A 911 n7 -3970 Phnna (0fi) Sfi4-9707 FRY IF9fi15fi4 -11IF, OFFICERS August 14, 1998 President Algird G. Leiga Hon. Robert Bruesch Vice President Mayor Pro Tem Harry Baldwin City of Rosemead Treasurer/Auditor 1086 D Walnut Grove Avenue Lara Blakely Rosemead, CA 91770 MEMBERS Alhambra Re: Amendment to the SGVCOG JPA creating the ACE Construction Authority Arcadia - . Dear Hon. Bruesch: Areas Baldwin Park At the June 1998 meeting of the San Gabriel Valley Council of Governments Bradbury ( SGVCOG), the Governing Board directed the preparation of documents necessary to establish Claremont the entity that will conduct the day to day implementation of the Alameda Corridor -East, Covina - Gateway to America Project (the ACE Project). - - Diamond ear Enclosed is the "First Amendment to the San Gabriel Valley Council Of Governments Buar1e Joint Powers Authority.Agreement" and a sample resolution for adoption by your City Council. El Monte The Amendment will create the San Gabriel Gateway to America Construction Authority (the Glendon "Construction Authority. ") The Amendment has been reviewed by the ACE.Subcommittee and Industry their comments have been included in the document. Irwindale In Puente Please a eg ndize the enclosed resolution for adoption of the "First Amendment to the San Gabriel Valley Council of Governments Joint Powers Authority Agreement" by your City La Verne Council prior to the September 17, 1998 meeting of the SGVCOG Governing Board (or as soon Monrovia as practical). Montebello - Monteray Park Our goal is to have as many of the SGVCOG member cities as possible approve the Pasadena Amendment to the Joint Powers Agreement prior to the September 17th SGVCOG meeting so Pomona that other "start up" matters setting up the ACE Construction Authority can be considered for Rosemead approval by the SGVCOG Governing Board at the September 17th meeting. San Dimas Once created, the Construction Authority will be authorized to carry out the day -to -day San Gabriel implementation of the ACE Project. Funds for the Project will be obtained by the SGVCOG San Marino and forwarded to the Construction Authority by specific action of the Governing Board. The Sierra Madre exercise of powers by the Construction Authority will be limited by such. action, as well as the South fl Monte amended SGVCOG By -Laws. The By -Law amendments have been and are being reviewed by the ACE Subcommittee and will be in the agenda packet for the September 17, 1998 Governing South Pasadena Board Meeting. The Committee will also review draft Standards of Conduct at its August 25, Walnut 1998 meeting. That document will also be included in the agenda packet for the September West Covina 17th meeting. I EXECUTIVE DIRECTOR[ SECRETARY Nicholas T. Conway Arroyo Associales, Inc. Please feel free to contact either Nick Conway (626) 564 -9702, or Lee Dolley (213) 236 -2711 should you have any questions pertaining to the Amendment or the resolution. Please forward the resolution adopted by your City Council to Nick Conway at your earliest convenience. We are moving forward on this important project. Sincerely, gid' G. Leig ��J "ten President j Enclosures cc: Nick Conway Lee Dolley - esl! San Gabriel Valley Council of Governments <:.J Alameda Corridor -East, Gateway to America Project FACTS Project: (Map Attached) The corridor project is comprised of a distance of 35 miles through San Gabriel Valley between East Los Angeles and Pomona (generally paralleling the 1 -10 San Bernardino Freeway San Bernardino Freeway and SR -60 Freeway). The corridor project serves an area of approximately 1.8 million residents and 30 municipalities.. The project connects the ports of Los Angeles and Long Beach to the transcontinental rail network creating a faster more efficient method for distributing the expected $250 billion in trade. The project is a corridor wide improvement program which will expand global trade; increase commuter rail capacity; provide safety protection measures; reduce auto /truck congestion traffic at 55 crossings to improve safety and mobility; provide roadway widenings to increase global trade capacity at 17 locations; construct grade separations at 25 locations to reduce a 300° increase in wait times with average gate down dwell times of 10 -24 minutes. Key Project Components: The projects consists of a combination of mobihty and trade capacity expansion; safety protection measures, advanced traffic signal.control measures; roadway widenings; and grade separations. Jump Start Program ($61 million): The Safety Upgrade Program ($30 million) will be implemented at all 55 crossings and includes: protection equipment and measures; signing and striping; updated signal preemption; new or improved medians; active warning devices; pedestrian provisions; regrading and repair of crossing blocks. The Traffic Control Measures ($31 million) will implement advanced signal control measures in seven signal groups along the 35 mile corridor. The measures would detect and track train movement and 'condition' signals to minimize signal preemption impact by directing vehicles to grade separations; avoid loading vehicles onto streets with grade crossings; and favor movement on arterial parallel to the rail line during train passage. Roadway Widening Measures ($68 million) and Grade Separations 6821 million): The project would widen 17 roadways and grade separate 25 rail crossings throughout the most heavily used 55 crossings. Key Statistics: • Cost - Estimated cost is $950 million (1998 dollars) • Schedule -The project has an eight year construction completion schedule • Funding -The $950 million, estimated cost of the project, will be funded through a combination of federal, state, local and private sources Bi- Partisan Support of Alameda Corridor -East, Gateway to America Project: • Four congressional members whose districts are served by the Project (including David Dreier; Jay Kim; Esteban Torres; and Matthew Martinez) • Mayor of Los Angeles • State of California • 30 municipalities of San Gabriel Valley • County of Los Angeles Board of Supervisors whose Districts are served by the Project • Los Angles County Metropolitan Transportation Authority (MTA) • Southern California Association of Governments (SCAG) Project Benefits: • 128 tons of air pollutants will be saved annually in the worst air basin in the nation • 25% of all US waterbome international trade, Pacific Rim trade will come through the Long Beach and Los Angeles Ports • International trade will double from the current 100 million metric tons of cargo valued a t $157 billion annually to $314 billion by 2020 • 700,000 jobs will be added in California by the successful completion of the Alameda Corridor • 192,000 additional jobs projected for San Gabriel Valley by 2020 will be preserved • Projected doubling of gate down dwell times of 10 -24 minutes will not occur • Projected 300% increase in auto /truck traffic delay would not occur as a result of 67% increase in rail traffic and 40% increase in vehicular traffic due to the project implementation • "rhe economic vitality of San Gabriel Valley would be maintained • The project is a ready to go; unanimously supported; national model of how to increase global trade, improve mobility; solve freight /truckcapacity; reduce pollution and provide for additional jobs • The project materially contributes to the national economy as well as Southern California 19 Miles 1 ++ r 0 0 O 1 O j N T �. �. S �a w =r o m < m �o 0 �► 3 cDcQ 0 CD lA 61 cn =r o� o 3 G d C O .r -� C- c' CD n . a1 y CD ^. 0 CD o : n z 0 O CL 7�, y zj 0 ° d IL = to i 19 Miles 1 ++ r 0 0 O 1 ,;-w 00 O j N T �. �. S �a fJ7 Cr (A w �' O m o0- m 0 �► � m - 0 om00 zO v cn 2 o� o °3 � CD 3 C- Sa�Bema�•`• d• vo . _ m m ^. nCDk � o : n z 0 O IIt 7�, y zj ° d IL = to i rri m _ .:j to c c) � a {� i IN _ mvo Q Q m ao ch _ o Q O m Q. ,;-w 00 d r O j N T �. �. S �a fJ7 Cr (A w �' O m o0- m 0 �► � m - 0 om00 zO v cn 2 o� o °3 � CD 3 C- Sa�Bema�•`• d• vo . _ m m ^. � � y n d z 0 O IIt 7�, y ° d a\ I/ m rri d r O j N T �. �. S m fJ7 Cr (A w �' O m _) O 0 m O > � m N � CL zO v cn 2 = m o z � 7 3 C- Sa�Bema�•`• d• vo . r O � � � z 0 O IIt 7�, B F- V' 01 v� c: m ° ° O j N T �. �. S y fJ7 Cr (A w �' O m _) O 0 O > � m N � CL zO v cn 2 = m o z ° C- Sa�Bema�•`• M vo . r C � � z IIt Q ° rn a\ I/ m rri c c) � a {� i IN _ mvo ch -4 V' 01 v� c: m ° ° • y Ea �. m O > A z A °n�& Iz -0 Sa�Bema�•`• M . � � IIt Q ° M> a\ a {� /D. RESOLUTION NO. 98 -37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE FIRST AMENDMENT TO SAN GABRIEL VALLEY COUNCIL OF . GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 98 -37. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. E. ORDINANCE NO. 789 - APPROVING ZONE CHANGE 98 -207, AMENDING ROSEMEAD ZONING,MAP LAND USE DESIGNATION FROM 402; "LIGHT MULTIPLE RESIDENTIAL" TO C -3; "MEDIUM COMMERCIAL" FOR PROPERTY LOCATED AT 7815 EMERSON PLACE (APN: 5287- 020 -020) - ADOPT The following Ordinance was adopted by the Council. ORDINANCE NO. 789 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council adopt Ordinance No. 789. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No_ None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC -B AND.CC -D were removed for discussion purposes) i CC -A AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES ASSOCIATION FALL SEMINAR, SEPTEMBER 18-20,1998, SAN DIEGO CC -C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR STREET BVIPROVEMENTS ON LORICA STREET MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. ,,CC-B REQUEST FOR INSTALLATION OF RED CURB AT 2542 N. SAN GABRIEL BOULEVARD - GARVEY WHOLESALE BEVERAGE, INC. CC:8 -2S -97 Page 43 III +18187841187 KEN SPIKER AND ASSOC 402 PO4 FEB 17 '94 09:10 I' a AGREEMENT w "SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS" (A JOINT POWERS AUTHORITY). This Agreement and between the public names are set forth on incorporated herein by et seq. of the Governm� ( "Agreement ") is made and- entered into by entities (collectively, "Members ") whose Exhibit A, attached hereto and this reference, pursuant to Section 6500 ant Code and other applicable law: W I T 14 E S S E T 14: The parties hereto do agree as follows: 'Section 1. Recitals. This Agreement is made and entered into with respect to the following facts:' a. Historically, the San Gabriel Valley Association of Cities, an unincorporated association, has played a valuable role in serving as a forum for the exchange of ideas and information among its member cities; however, the.growing need for the cities in the San Gabriel Valley to develop and implement their own subregional policies and plans and voluntarily and cooperatively resolve differences among themselves requires a more representative and formal structure; b. The public interest requires a joint powers agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area -wide and subregional basis through the establishment of a council of governments; C. The public interest requires that an agency explore areas of inter - governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern to its Members; d. The public interest requires that an agency with the aforementioned goals not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues); e. Each Member is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; f. Each Member, by and through its legislative body, has determined that a subregional organization to assist in -1- n, +18187841187 KEN SPIKER AND ASSOC 403 P01 FEB 17 194 09:16 (4) Utilize Member resources or presently existing single purpose public and public /private groups to carry out its programs and projects; (5) Explore practical avenues for voluntary intergovernmental cooperation, coordination and action in the interest of local public welfare and improving the administration of governmental services; (6) Assist in coordinating subregional planning efforts and in resolving conflicts among the cities in the San Gabriel Valley as_they work toward achieving planning goals; (7) Build a consensus among the Members on the implementation of policies and programs for addressing subregional and regional issues; (8) serve as a mechanism for obtaining state, federal and regional grants to assist in financing the expenditures of the Council; (g) Make and enter into contracts, including contracts for the services of engineers, consultants, planners, attorneys and single purpose public /private groups; (10) Employ agents, officers and employees; (11) Apply for, receive and administer a grant or grants under any federal, state, or regional programs; (12) Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; (13) Lease, manage, maintain, and operate any buildings, works, or improvements; and (14) Delegate some or all of its powers to the Executive Director as hereinafter provided. C. Exercise of Powers. The Council shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner . consistent with the provisions of applicabl'e'law, this Agreement and the Bylaws. For the purposes of determining the restrictions to be imposed on the Council in its manner of exercising its powers pursuant to Government Code section 6509, reference shall _3^ +18187841167 KEN SPIKER AND ASSOC 402 P05 FEB 17 194 e9 :10 planning and voluntary coordination among the cities in the San Gabriel Valley is required in furtherance of the public interest, necessity and convenience; and g. Each Member, by and through its legislative body,.has independently determined that the public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each such Member. Section 2. Creation of Separate Legal Entity. It is the intention of the Members to create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the Government Code. Accordingly, there is hereby created a separate legal entity which shall exercise its powers in accordance with the provisions of this Agreement and applicable law. Section 3. Name. The name of the said separate legal entity shall be the San Gabriel Valley Council of Governments ( "Council ") Section 4. Purpose and Powers of the Council. a. Purpose of Council. The purpose of the creation of the Council is to provide a vehicle for the Members to voluntarily engage in regional and cooperative planning and coordination of government services and responsibilities to assist the Members in the conduct of their affairs. It is the clear intent among cities that the Council shall not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues). The goal and intent of the Council is one of voluntary cooperation among cities for the collective benefit of cities in the San Gabriel Valley. b. Common Powers. The Council shall have, and may exercise, the following powers: (1) Serve as an advocate in representing the Members of the San Gabriel Valley at the regional, state and federal levels on issues of importance to the San Gabriel Valley; (2) Serve as a forum for the review, consideration, study, development and recommendation of public policies and plans with regional significance; (3) Assemble information helpful in the consideration of problems peculiar to the Members; -2- +18187641187 KEN SPIKER AND ASSOC 403 P02 FEB 17 '94 09:16 be made to, and the Council shall observe, the restrictions i d u on the City of West Covina. mpose p section 5. Creation of Goye ning Board. There is hereby created a Governing Board for the Council ( "Governing Board ") to conduct the affairs of the Council. The Governing Board shall be constituted as follows: a. - -- one person shall be designated as a representative of the Governing Beard by the legislative body of each of the Members ( "Governing Board Representative "). b. Designation of Alternate Governing Board Rep esenta,., _. One person shall be designated as an alternate representative of the Governing Board by the legislative body of each of the Members ( "Alternate Governing Board Representative "): C. Zjjgjjility. No person shall be eligible to serve as a Governing Board Representative or an Alternate Governing Board Representative unless that person is, at all times during the tenure of that person as a Governing Board Representative or Alternate Governing Board Representative, a member of the legislative body of one of the appointing Members. Should any person serving on the Governing Board fail to maintain the status as.required by this Section 5, that person's position on the Governing Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and the Member shall be entitled to appoint a qualified replacement. Section 6. Use of Public Funds and Property. The Council shall be empowered to utilize for its purposes, public and %or private funds, property and other resources received from the Members and /or from other sources. Subject to the approval of the Governing Board of the Council, the Members shall participate in the funding of the Council in such a manner as the Governing Board shall prescribe, subject to the provisions of Section 23 of this Agreement. Where applicable, the Governing Board of the Council may permit one or more of the Members to provide in kind services, including the use of property, in lieu of devoting cash to the funding of the Council's activities. Section 7. Functioning of Governing Board. a. Voting and Participation. Each Member may cast only one vote for each issue before the Governing Board through its representatives. An Alternate Governing Board Representative may participate or vote in the proceedings of the Governing Board only in the absence of that Member's Governing Board Representative. Governing Board Representatives and Alternate Governing Board Representatives seated on the Governing Board -4- +18187841187 KEN SPIKER AND ASSOC 403 P03 FEB 17 '94 09:17 shall be entitled to participate and vote on matters pending before the Governing Board only if such person is physically present at the meeting of the Governing Board and if the Member which that Governing Board Representative or Alternate Governing Board Representative represents has timely and fully paid dues as required by this Agreement and the Bylaws. b. proxy voting No absentee ballot or proxy shall be permitted. C. Ouorum. A quorum of the Governing Board shall consist of not less than fifty percent (5o %) plus one (1) of its total voting membership. d. Committees. As needed, the Governing Board may create permanent or ad hoc advisory committees to give advice to the Governing Board on such matters as may be referred to such committee by the Governing Board. All committees shall have a stated purpose before they are formed. such a committee shall remain in existence until it is dissolved by the Governing Board. Qualified persons shall be appointed to such committees by the Governing Board and each such appointee shall serve at the pleasure of the Governing Board. Committees, unless otherwise provided by law, this Agreement, the Bylaws or by direction of the Governing Board, may be composed of representatives to the Governing Board and non - representatives to the Governing Board. e. Actions. Actions taken by the Governing Board shall be by not less than fifty percent (50%) plus one (1) of the voting representatives of the Governing Board which are present with a quorum in attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, a higher number of votes is required to carry.a.particular motion. Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for all purposes, the policy making body of the Council. All of the powers of the Council, except as may be expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing Board, Section 9. Roberts Rules of Order. The substance of Roberts Rules of Order shall apply to proceedings of the Governing Board, except as may otherwise be provided by provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board. Section 10. Meetings of Governing Board. The Governing Board shall, by means of the adoption of Bylaws, establish the dates and times of regular meetings of the -5- +18187841187 KEN SPIKER AND ASSOC 403 PO4 FEB 17 194 09:18 Governing Board. The location of each such meeting shall be as directed by the Governing Board. Section il. Election of..President: and Vice - President. The President shall be the chairperson of the Governing Board, shall conduct all meetings of the Governing Board and perform such other duties and functions as required of such person by provisions of applicable law, this. Agreement, the Bylaws or by the direction of the Governing Board. The Vice - President shall serve as President in the absence of the President and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board or the President. At.the first regular meeting of the Governing Board, a Governing Board Representative shall be elected to the position of President by the Governing Board, and a different Governing Board Representative shall be elected to the position of Vice - President of the Governing Board. The terms of office of the President and Vice - President elected at the first regular meeting of the Governing Board shall continue through the first July 1 of their terms and expire on the second July 1, and elections to determine their successors shall not be held until the first regular meeting of the May preceding the second July 1. Thereafter, a Governing Board Representative shall be elected annually to the position of President, and a different Governing Board Representative shall be elected to the position of Vice - President of the Governing Board.at the first regular meeting of the Governing Board held in May of each calendar year. The terms of office of the President and Vice - President shall commence and expire on July 1. there is a vacancy, for any reason, in the position of President or Vice - President, the Governing Board shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent. Section 12. Executive Director. The Governing Board may appoint by a vote of fifty percent (50 %) plus one (1) of the total voting membership a qualified person to be Executive Director on any basis it desires including, but not limited to, a contract or employee basis. The Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing Board Representative, nor an elected official of any Eligible Public Entity (as defined in Section 21(c) of this Agreement). The Executive Director shall be the chief. administrative officer of the Council. The Executive Director shall receive such compensation as may be fixed by the Governing Board. The Executive Director shall serve at the pleasure of the Governing Board and may be relieved from such position at any time, without cause, by a vote of fifty percent (50 %) plus one (1) of the total voting membership of the Governing Board taken -6- +18187841187 KEN SPIKER AND ASSOC 403 P05 FEB 17 '94 09:19 at a regular, adjourned regular or special meeting of the Governing Board. The Executive Director shall perform such duties as may be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board. Section 13. Designation of Treasurer and Auditor. The Governing Board shall, in accordance with applicable law, designate a qualified person to act as the Treasurer for the Council and a qualified person to act as the Auditor of the Council. If the Governing Board so designates, and in accordance with provisions of applicable law, a qualified person may hold both the office of Treasurer and the office of Auditor of the Council. The compensation, if any, of a person or persons holding the offices of Treasurer and /or Auditor shall be set by the Governing Board. Section 14. Council Treasurer'. The person holding the position of 'Treasurer of the Council shall have charge of the depositing and custody of all. funds held by the Council. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Governing Board. The Council's Auditor shall perform such functions as may be .required by provisions of applicable law, this Agreement, the Bylaws and by the direction of the Governing Board. Section 15. Designation of other Officers and Employees. The Governing Board may employ such other officers or employees as it deems appropriate and necessary to conduct, the affairs of the Council. Section 16. obligations of Council. The debts, liabilities and obligations of the Council shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the Council, whatsoever. Section 17. Control and Investment o£ Council Funds. The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 18. lmolementation Agreements. When authorized by the Governing Board, affected Members may execute an Implementation Agreement for the purpose of authorizing the Council to implement, manage and administer area -wide and regional programs in the interest of the local public welfare. The costs incurred by the Council in implementing a program, -7- +18187841187 KEN SPIKER AND ASSOC 404 P01 FEB 17 '94 09:20 including indirect costs, shall be assessed only-to those Members who are parties to that Implementation Agreement. Section 19. Term. The Council created pursuant to this Agreement shall continue in existence until such time as this Agreement is terminated. This Agreement may not be terminated except by an affirmative vote of not less than fifty percent (50 %) plus one (1) of the then total voting membership of the Governing Board. Section 20. APPlication of Laws to Council Functions. The Council shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 et sea., of the Government Code.) Section 21. Members. a. withdrawal. A Member may withdraw from the Council by filing its written notice of withdrawal with the President of the Governing Board 60 days before the actual withdrawal. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60 -day period. The withdrawal of a Member shall not in any way discharge, impair or modify the voluntarily- assumed obligations of the withdrawn Member in existence as of the effective date of its withdrawal. Withdrawal of a Member shall not affect the remaining Members. A withdrawn Member shall.not be entitled to the return of any funds or other assets belonging to the Council, until the effective date of termination of this Agreement, except that a withdrawn Member shall be entitled to the balance of the annual dues paid for the year by that Member which were intended for the remaining part of that year. withdrawal from any Implementation Agreement shall not be deemed withdrawal from the Council. b. Non - Payment of Dues. If a Member fails to pay dues .within three months of the annual dues assessment as required under Section 23 of this Agreement and the Bylaws, and after a 30 -day written notice is provided to that Member, the Member shall be deemed to be suspended from this Agreement and the Council. When a Member is suspended, no representative of that Member shall participate or vote on the Governing Board. Such a Member shall be readmitted only upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension. C. Admitting Eligible Members. Eligible public entities whose names are set forth on Exhibit B to this Agreement ( "Eligible Public Entities ") shall be admitted to the Council by 1) adopting this Agreement by a majority vote of the legislative body of the Eligible Public Entity and 2) properly signing this Agreement. An Eligible Public Entity may be admitted regardless of whether it adopted and signed this Agreement before or after -8- +18187841187 KEN SPIKER AND RSSOC 404 P02 FEB 17 '94 03:21 the Effective Date (as defined in Section 26 of this Agreement). No vote of the Governing Board shall be required to admit an Eligible Public Entity. d. Admitting New Members. New Members who are not Eligible Public Entities may be admitted to the Council upon.an affirmative vote of not less than fifty percent. (50 %) plus one (1) of the total voting membership of the Governing Board " provided that such a proposed new Member is a city whose jurisdiction, or "part thereof, lies within and /or immediately adjacent to, the San Gabriel valley. Admission shall be subject to such terms and conditions as the Governing Board may deem appropriate. Section 22. Interference With Function of Members. The Governing Board shall not take any action which constitutes an interference with the exercise of lawful powers by a Member of the Council. Section 23. Dues of Members. The Members of the Council shall be responsible for the payment to the.Council, annually, of dues in the amounts periodically budgeted by the Governing Board, as and for the operating costs of the Council ( "Dues ") as provided in the Bylaws. Section 24. Disnosition of Assets. Upon termination of this Agreement, after the payment of all obligations of the Council, any assets remaining shall be distributed to the Members in proportion to the then obligation of those Members' obligation to participate in the funding of the Council as provided in Section 23 hereof. Section 25. Amendment. This Agreement may be amended at anytime with the consent of fifty percent (50 %) plus one (1) of all of the legislative bodies of.the then parties hereto. Section.26. Effective Date. The effective date ( "Effective Date ") of this Agreement shall be March 1, 1994 if fifty percent (50 %) plus one (1) of the Eligible Public Entities adopt this Agreement by a majority vote of the legislative body of each Eligible Public Entity and sign this Agreement. If fifty percent (50 %) plus one (1) of the Eligible Public Entities have not signed this Agreement by March 1, 1994, then the Effective Date of this Agreement shall be the first date on which fifty percent (50 %) plus one (1) of the Eligible Public Entities adopt and sign this Agreement. -9- +16187B41167 KEN SPIKER AND ASSOC 404 P03 FEB 17 '94 09:21 That the Members of this Joint Powers Agreement have caused this Agreement to be executed on their behalf, respectively, as follows: ATTEST: 12 -16 -93 -10- +18187841187 KEN SPIKER AND ASSOC 404 PO4 FEB 17 '94 09:22 Alhambra Arcadia Azusa Baldwin Park Bradbury Claremont Covina Diamond Bar Duarte E1 Monte Glendora Industry Irwindale La Puente EXHIBIT B -11- La Verne Monrovia Monterey Park Pasadena Pomona Rosemead San Dimas San Gabriel San Marino Sierra Madre South E1 Monte South Pasadena Temple City Walnut West Covina [SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS LETTERHEAD] October 20, 2000 City Manager City of Re: Amendment to the SGVCOG Joint Exercise of Powers Agreement Dear Mr. I am writing to you to request your assistance in moving the Alameda Corridor East Project (the "ACE Project ") forward by your City's adoption of the enclosed amendment to the San Gabriel Valley Council of Governments ( "SGVCOG ") Joint Powers Agreement ( "JPA "). The Alameda Corridor East Construction Authority (the "Authority") has determined that the ACE Project will require the issuance of short term debt by January 2001 due to increasing reliance on State and Federal funding that will be paid to the Authority only on a reimbursement basis. The Authority has retained the law firm of Burke, Williams & Sorensen, LLP to represent it as bond counsel. Burke, Williams & Sorensen has completed its initial review of the relevant documents and concluded that the SGVCOG JPA requires an amendment to add the power to borrow money prior to proceeding with the debt issuance. If the amendment authorizing borrowing is not expeditiously approved by the Members of the SGVCOG, the Authority will experience a cash shortfall and will have to curtail progress on the Project until alternative means of providing working capital are obtained. We have prepared, for your review and use, a model council agenda staff report and resolution approving and adopting an amendment to the SGVCOG JPA by adding the power to borrow money, incur indebtedness and/or issue bonds for the benefit of the ACE Project and to be repaid exclusive] from funds aged or designated for the ACE Prof ect. Approval of the amendment by the City will not result in any additional liability for the City nor will it impact the City's creditworthiness. Section 16 of the JPA, adopted pursuant to the express authorization of Government Code section 6508.1 provides that: " Alhe debts, liabiliti— and obligations of the Council shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the Council, whatsoever." (The term "Member of the Council" refers to the member cities of the San Gabriel Valley Council of Governments.) Iry #8029 vl Mayor Margaret Clark Mayor Pro Tom Jay T. Imperial Couneilmembers Robert W. Bruesch Gary A. Taylor Joe Vasquez City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 -1559 Telephone (626) 569 -2100 Fax (626) 307 -9218 Fax Transmission Cover Sheet Fax #: To: PETER From: DJW Date: NOVEMBER 21, 2000 Re: OWNER PARTICIPATION LETTERS You should receive 10 page(s), including this cover sheet. If you do not receive all the pages, please call (626) 569 -2100. PETER: SORRY ... I'M A LITTLE LATE. THANKS. 10181M 8TIOUV rel6k � IIf"T' TO: PETER WALLIN FROM: DONALD WAGNER DATE: NOVEMBER 20, 2000 RE: SUMMARY OF RESPONSES TO OWNER PARTICIPATION LETTERS - EATON VILLAGE PROJECT The Owner Participation letters went out on October 25, 2000. The property and business owners had 20 days to respond to the letter. As of this date I have received two written responses, including one from Weatherite Roofing. Most of the "general questions" concerned whether or not the City was going to use imminent domain to acquire properties. I also told them they were not required to respond in writing. They should only respond if they were interested in developing the property. I received two phone calls from people, each representing a business owner who was unable to tell me what business they were talking about. One call was received on October 30`s and the other on October 3151. The rest of the calls were as follows: October 31': I spoke to Steve Schwartz, representing Orowheat Bakery (Best Foods). It was a general discussion. His number is (201) 894 -4663. October 31' : Mac Abdul, Hermetic Seal, 4232 Temple City Blvd., had general questions. His number is (626) 443 -8931. November I': Rose Wright, 4136 & 4204 Temple City Blvd., called and said she did not want to sell. She leases the property to Hermetic Seal. She also called again on November 6th and said that Robert McCoy was interested in trading properties, however she and her husband are not interested. They are retired and rely on the income. Her number is (562) 429 -0272. November I': Eugene Rangel, 9721 Abilene St., called the first time. He stopped by City Hall on November 6th, however I was not in. I spoke to him on November 16th. He told me that he has not been contacted by Robert McCoy. November 2nd : Joshua Finkler, representing the Foodland Thai Kitchen at 9711 Valley, had general questions. His number is (626) 689 -4107. November 2 "d : Steve Goldfarb, legal counsel for Hermetic Seal, said under no circumstances would that company sell or allow the Agency to take the property by eminent domain. He said it would cost the Agency $100 million. He said he would contact you. His number is (707) 967 -8448. This is the same Steve Goldfarb of Goldfarb & Lipman. November 6'i' : I was contacted by Mr. Frank Wu regarding Bangs at 9375 Valley Blvd. He had general questions. His phone number is (626 447 -3869. November 6h : Teresa Rey, a real estate agent for the Caranza family, 4100 Temple City Blvd., said they were in escrow, however it has expired. They still maybe interested in selling. Her phone number is (626) 825 -6404. November 6th : Gerardo Caranza called regarding the sale. He wanted advice on selling the property to Robert McCoy. He also called on November 8d'. His number is (626) 350 -1011. If you have any questions please call. Djw em:o"erparlicipation RECEIVED CITY OF ROSEMEAD j. Rosemead Redevelopment Project Area No. 2 OCT 8 2000 Statement of Interest in Participation CITY CLERK'S OFFICE, I hereby express my interest in participating in the Rosemead Redevelopment Project Area No. 2 (the "Project Area ") and submit the following information: 1. Name: Jerry Dearden Telephone (800) 828 -4646 2. Home Address: President of Jerry Dearden, Inc., doing business as Weatherite'Roofing 3. Name of Business: Weatherite Roofing 4. Address of Business: 4016 Temple City Blvd.. Rosemead California 91770 5. My present involvement in the Project Area is (please check where applicable): I now own'( XX ); am a Tenant ( ); and wish to rehabilitate. ( ); build ( ); sell ( ) my present property. If Tenant; indicate: month -to -month ( ); lease ( ); term of lease ( ); expiration date of lease: Options extend lease to If lease, is there an option to purchase? Yes ( ); No ( ). Comments: 6. 1 am interested in participating: As a Property Owner ( XX ); As a Tenant ( ); Other (please describe): 7. My present type of business is: roofing contractor 1 S. If I participate: I would like to continue at the same location ( xx ) I would like to change my present location ( ) I would like to acquire real property for expansion (indicate approximate location requirements) Ideally, I would like to acquire the adjacent lot at 9701 Valley Blvd., combine the two lots to a single lot of about 19,000 square feet, and improve it with new construction. 9. Background, experience, and information concerning your proposal (you may include further information on this page or attach additional sheets if you desire to do so): (a) Generally describe background and experience: I have been in the roofing business since 1965, and Weatherite Roofing, a family business, has been in its present location since about 1970. We have investigated various alternatives and have drawn up several possible plans to improve the property: (b) Describe the activities you propose and indicate your experience relevant to your . proposal: Remodel of existing building and /or construction of a new building as well as improvement of hardscape; landscape, fencing, etc., to upgrade the use and visual al of the business. (c) - If you enclose a business plan or construction and operating proforma relative to your proposed activity, these will be considered with your Statement of Interest. 2 ADDITIONAL REMARKS: For months we have expressed our desire to participate in the redevelopment plan to the benefit of our business, the neighbor- hood, and the City of Rosemead. We seek any guidance, assistance, or cooperation that the City might be able to provide. 10. 1 understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project. Signed: Print Name: Title (if applicable): President, Jerry Dearden, inc. dba Weatherite Dated: Roofing September 29, 2000 RETURN WITHIN 14 DAYS TO: Statement of Interest Rosemead Redevelopment Agency 8838 E. Valley Boulevard Rosemead, CA 91770 ki 3 a n w o.< - tz CD - - w< Rosemead Redevelopment Project Area No. 2 Statement of Interest in Participation I hereby express my interest in participating in the Rosemead Redevelopment Project Area No. 2 (the "Project Area ") and submit the following information: 1. Name: L4/-,too G L -ck Telephone b-2-� lq:ff 11('3 2. Home L o tee 3. Name of Business: 7� — 4. Address of Business: 4 o-C6 G Rom C-/1 (rg�� 5. My present involvement in the Project Area is (please check where applicable): I now own (—X—); am a Tenant ( ); and wish to rehabilitate ( ); build ( ); sell ( ) my present property. If Tenant, indicate: month -to -month ( ); lease ( ); term of lease ( ); expiration date of lease: Options extend lease to If lease, is there an option to purchase? Yes ( ); No ( ). Comments: r,F1V CITY s^ OCT 3 0 2000 01y C! ER140 eF eE 6. 1 am interested in participating: As a Property Owner ( /y As a Tenant ( ); Other (please describe) 7. My present type of business is: AleW Cam` 8. If I participate: I would like to continue at the same location (Y) I would like to change my present location ( ) I would like to acquire real property for expansion (indicate approximate location requirements) 9. Background, experience, and information concerning your proposal (you may include further information on this page or attach additional sheets if you desire to do so): (a) Generally describe background and experience: ( jeJ /e 6i /') e A-` Aea k c-u e se ,;cam} cJer, el r,Je oS6v hcw /z / /aA-.c� - ' s'�(e" (n.n eL L C{rlU',�' F^`° -�- .ems v k^-. "1 1. VJ-e C-N-,a M1 X, 5 -'7(e Ut `7-tn.� awe. nCgol IZIe l e_ �e �e ICA�at�G� w r w� o a o ru �. en y (wys ble, vv-e c,4L /rrct. -; "cWW' J �,ce�- ie.s�� ,,a..Q -nO. 'Q,yp4 � ser�n e¢. rJ>- v✓idee� 6- ��eA.L-rlt Jlrla c'�ieh EV. /} Vt WC aA-F J A - ITN-f. II o -l1 -,VCO SY. M {kL l-e4Jj ctCQ (b) Describe the activities you propose and indicate your experience relevant to your proposal: WQ N-VV✓i— 7e/V'V?P— 'Z-+ the SaH e. J�oc `cam, Ce ,sue (c) If you enclose a business plan or construction and operating proforma relative to your proposed activity, these will be considered with your Statement of Interest. 2 1 1 1 1 i 1 i 1 1 1 1 1 1 1 e ADDITIONAL REMARKS: Tt,:,j rA a w E 1c je ck , F4A l e C.E i CC'r71 de� -(ev haf. �I-V) e cf-. PIS c uA t c„) ^� e - l',' �J ��c ti�'ll /�2- �c,LaL 10. 1 understand that submission of obligate me to participate in the P Signed: Print Name: Title (if applicable): Dated: of Interest does not in any way RETURN WITHIN 14 DAYS TO: Statement of Interest Rosemead Redevelopment Agency 8838 E. Valley Boulevard Rosemead, CA 91770 3