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Home My WebLink About2011 10 05AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING October 5, 2011 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 P- A- R- K Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tern Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS FOR 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 p6blico 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. CITY COUNCIL Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REGULAR MEETING — 7:00 PM Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate presentation to the First Annual Gold Stars Mothers Day Honorees • Metro Gold Line Presentation by the Metro Gold Line Foothill Extension Construction Authority PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina 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 City Council receive and file. City Council Agenda — October 5, 2011 Page 2 2. FISCAL YEAR 2010/2011 PRELIMINARY YEAR -END FINANCIAL UPDATE Staff recommends City Council receive and file the end of the year FY 2010/2011 financial update. 3. CLAIM REJECTION Staff recommends City Council reject the claims of Alicia Castro, Marisol and Alexander Gascon and Antonio Gallegos and direct staff to send the appropriate notice of rejection to claimants. 4. APPROVAL OF RENEWAL OF ANIMAL CONTROL AGREEMENT WITH THE COUNTY OF LOS ANGELES; INTRODUCTION OR ORDINANCE NO. 1345 ADOPTING BY REFERENCES CHANGES TO LOS ANGELES COUNTY TITLE 10 RELATING TO ANIMAL CARE AND CONTROL SERVICES; AND ADOPTION OF RESOLUTION NO. 2011 -029 FOR FEES AND PENALTIES RELATING TO LICENSING OF DOGS AND CATS Staff recommends City Council 1) Approve the agreement with the County of Los Angeles Department of Animal Care and Control, subject to approval of the City Attorney as to form, to be effective July 1, 2012 and through June 30, 2014; 2) Introduce for first reading by title only, with further reading waived, Ordinance No. 1345, titled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 92 OF THE CITY OF BALDWIN PARK MUNICIPAL CODE RELATING TO ANIMAL CONTROL "; 3) Adopt Resolution No. 2011 -029, titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SETTING LICENSING FEES AND PENALTIES FOR DOGS AND CATS; AND RESCINDING RESOLUTION NO. 2004 -36." 5. RESOLUTION 2011 -031 SETTING COMMERCIAL REFUSE RATES EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012 Staff recommends City Council waive further reading, read by title only and adopt Resolution 2011 -031, titled, "ADOPTION OF RESOLUTION SETTING RATES FOR RESIDENTIAL AND COMMERCIAL REFUSE RELATED SERVICES." 6. APPROVAL OF AN MOU WITH THE LOS ANGELES COUNTY MTA TO RECEIVE FUNDS FOR TRANSIT SERVICES NTD REPORTING Staff recommends City Council approve the MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement. 7. PROJECT LABOR AGREEMENT FOR CONSTRUCTION OF THE TRANSIT CENTER PARKING STRUCTURE Staff recommends City Council review the draft PLA and authorize staff to negotiate and finalize its terms, and bring back to the City Council a Trades Council a Trades Council approved PLA by November 2, 2011 for inclusion into the project bid documents in preparation for inviting construction bids. City Council Agenda — October 5, 2011 Page 3 8. PREQUALIFICATION OF CONTRACTORS FOR CONSTRUCTION OF THE TRANSIT CENTER PARKING STRUCTURE Staff recommends City Council authorize prequalifying contractors for the Baldwin Park Transit Center, with a final certification list approved by the City Council on November 2, 2011 or November 16, 2011. 9. RESOLUTION IN SUPPORT OF THE UNITED FOOD AND COMMERCIAL WORKERS (UFCW) UNION AND SUPERMARKET EMPLOYEES Staff recommends City Council approve Resolution No. 2011 -044, titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK URGING GOOD FAITH NEGOTIATIONS BETWEEN THE UNITED FOOD AND COMMERCIAL WORKERS (UFCW) UNION AND SUPERMARKET EMPLOYEES." PUBLIC HEARINGS 10. Continued from August 17, 2011 - THE COMPREHENSIVE UPDATE TO CHAPTERS 152 (SUBDIVISION ORDINANCE) AND 153 (ZONING ORDINANCE), ESTABLISHMENT OF NEW CITY -WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL AND AMENDMENTS TO THE GENERAL PLAN LAND USE POLICY MAP AND ZONING MAP AND RELATED NEGATIVE DECLARATION (LOCATION: CITYWIDE; CASE AGP -115, Z -553, AZC -163 AND DRG 11 -1) Staff and the Planning Commission recommend City Council open the public hearing, receive any public comments and following the public hearing 1) adopt Resolution 2011 -034, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED COMPREHENSIVE UPDATES TO THE ZONING CODE AND SUBDIVISION CODE, ESTABLISHMENT OF CITYWIDE DESIGN GUIDELINES AND AMENDMENTS TO THE GENERAL PLAN LAND USE POLICY MAP AND ZONING MAP (APPLICANT: CITY OF BALDWIN PARK) "; and 2) adopt Resolution 2011 -035, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP (LOCATIONS: VARIOUS; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AGP- 115) "; and 3) Introduce for first reading Ordinance 1346, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z -553 AND AZC- 163) "; and 4) adopt Resolution 2011 -036, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING CITY -WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: DRG- 11 -1)." City Council Agenda — October 5, 2011 Page 4 11. Continued from August 17, 2011 - AN UPDATE TO THE CITY'S HOUSING ELEMENT (LOCATION: CITYWIDE; CASE NUMBER: AGP -114) Staff and the Planning Commission recommend City Council open the public hearing, receive any public comments, and following the public hearing adopt Resolution 2011- 038 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008 -2014 PLANNING PERIOD AND ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP- 114)." REPORTS OF OFFICERS 12. CONSIDERATION OF SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS MEMBERSHIPS Staff is seeking direction from the City Council whether to maintain or discontinue membership in the COG. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion on the following: • For discussion and direction to staff to convert current parallel parking on Merced (between Olive and Nubia) to diagonal parking. ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 29th day of September 2011. Alejandra Avila City Clerk City Council Agenda — October 5, 2011 Page 5 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 Fsalceda @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 — October 5, 2011 Page 6 it BALDWIN p.e,n.0 TO: FROM: DATE: SUBJECT: am OCT 4 CITY OF BALDWIN PARK ST4f UPORTI Honorable Mayor and Members of th Lorena Quijano, Finance Directo Warrants and Demands Council The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting, the following is a summary of the payments released: 1. The two payrolls of the City of Baldwin Park consisting of check numbers 193854 — 193984. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 216599 — 217153 for the period of July 24, 2011 through August 20, 2011 inclusive; these are presented and hereby ratified, in the amount of $808,136.27. 2. General Warrants, including check numbers 186253 to 187428 inclusive, in the total amount of $751,951.61 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. RECOMMENDATION: m CD cn ^,4 � El C) U) z wl al z . i wl OI 0 z 0 zH > E � C\j I— m Cf) DOI `.4 El Cf) aUN CZ mUz El El El El El u C.] El 0 U u U U O 0 a C) C) <D N C) Z) C) C) clq O CD o C\l (N (N ("I CD C\j C) a 04 a la4 Ln a a w 04 a4 a (D m F.4 r W W ri CL4 C) cD c3) El O U a a N W n4 W a 41 a W 04 Z a f34 04 04 a O CL4 r14 x f24 xa xa xa 04 CL4 a a a Ha m aU] u) En U co u c) u c\j N u U (D cD cD Cq cll Fm� FZ� I- cD 1-- 0 Z o (D o u El El El 0 H.. 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I ri O r1 0 h U I M I N I O N q 1 O a'O N W H o F I C •- F� I M un I C r{ Ln W x I M z U I w wFl u wzl val OI I � I u w x C>ti U x W U x W U x V #I-- O x� a z O C w as G] a r m N N r � co m H r-+ - O o lD O O 0 0 m Ln C F F F z z z z D o 0 O o a a a El El El F El El O 0 O 0 O F F H C O O N C (n U) V) U) x x x x V U U U W W W W x x x x U U V U q ra x q w w u w U) zn zn Ul in W U) H H O H w z w o \ q a w w < o M H 7 H O < O F F > a O C F w N O O F a El F 0 F f 9 P -A - R - K TO: Honorable Mayor and City Council Mem FROM: Vijay Singhal, Chief Executive Office L.orena Quijano, Finance Director r DATE: October 5, 2011 t l'!ff•>t�tifill�l►! t�I`��i7:a►Fl�l1 Ns ,_ REPORT STAFF SUBJECT: Fiscal Year 2010/2011 Preliminary Year -end Financial Update O To provide the City Council with a financial update for the fiscal year ended Jude 30, 20111 (FY 2010/2011). BACKGROUND & DISCUSSION We are very pleased to report that once again the City of Baldwin Park's General Fund has ended the FY 2010/2011 with revenues exceeding expenditures (in the black). For the past few years, poor economic conditions have negatively impacted cities nation- wide. This has resulted in continuous job losses, foreclosures, bankruptcies and lower consumer spending which in turn caused significant declines in local government revenues such as taxes, fees and fines. While the City of Baldwin Park also experienced significant reductions in its revenues, our City did not reduce programs, services or implement furloughs, lay -offs or pay reductions as was the case for many cities. General Fund The 2010/2011 General Fund's adopted budget was balanced and provided funding for numerous programs. The following is a summary of the General Fund for FY 2010/2011: The projected revenues were expected to exceed expenditures (after transfers) by $89,820. However, the actual excess of revenues over expenditures is estimated at $230,759 (after transfers to the CDC), which is higher than expected due to lower expenditures. The positive Ado ted Budget Projected June 30, 2011 Projected vs. Adopted % Revenues (including Transfers In 24,866,000 24,079,460 786,540 - 3.16% Expenditures (including Transfers Out 24,776,180 23,848,702 927,479 3.74% Grand Total 89,820 230,759 140,939 0.58% The projected revenues were expected to exceed expenditures (after transfers) by $89,820. However, the actual excess of revenues over expenditures is estimated at $230,759 (after transfers to the CDC), which is higher than expected due to lower expenditures. The positive FY 2010/2011 Preliminary Year -end Financial Update results were despite lower General Fund revenues of 3.16% or $786,540; basically attributing the end results to lower expenditures than were budgeted by 3.74% or $927,479. The city has been able to successfully end in the black for the last number of years (including during the recession) due to its efforts and proactive steps to continue to streamline operations and improve efficiency; the chart below provides an overview of the General Fund's performance over the last five years (includes transfers to the CDC): FISCAL YEAR REVENUE EXPENDITURES NET FY 2007 Actual 26,155,394 25,048,219 1,107,175 FY 2008 Actual 28,231,801 26,496,695 1,735,106 FY 2009 Actual 25,706,901 25,348,672 358,229 FY 2010 Actual ( 24,363,253 24,316,813 46,440 FY 2011 Estimate 24,079,460 23,848,701 230,759 As a result of the worst recession and an economy that continues to struggle, the General Fund revenues have declined by more than 2 million since their peak in 2008. Despite these challenges, the City has been able to not only avoid impacts but become fiscally stronger and increase its cash balance in the General Fund to more than $5 million. The following chart shows the General Fund cash balance for the last six years: $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 2006 2007 2008 2009 2010 2011 Estimated ■ Cash Balance- Audited FY 2010/2011 Preliminary Year -end Financial Update As discussed later, the strong cash balances will be very important as the City begins to face some challenging times due to the continued gloomy economic outlook and lack of revenue growth. The following sections provide additional details of General Fund revenues and expenditures. General Fund Revenues: General Fund revenues for fiscal year 2010/2011 are estimated to be $24,079,460, this is $786,540 or 3.16% lower than budget. The following table shows the performance of major revenue sources: Category Y Adopted j Annual Budget Projected ; Revenues June 30, 2011 Projected vs. j Adopted Budget % Property Taxes 3,010,000 3,225,570 215,570 7.16% Sales Tax 4,610,000 5,185,620 575,620 12.49% Utility Users Tax 2,550,000 2,266,890 - 283,110 - 11.10% Property Tax in Lieu of Vehicle License Fees 6,075,000 6,158,460 83,460 1.37% Franchise Fees 2,000,000 1,792,600 - 207,400 - 10.37% Business Licenses 580,000 511,440 - 68,560 - 11.82% Construction Related 1,085,500 964,010 - 121,490 - 11.19% Police Revenues 2,823,800 1,950,380 - 873,420 - 30.93% Latch Key Childcare 317,000 230,410 - 86,590 - 27.32% Facility Rental 160,000 172,320 12,320 7.70% Transient Occupancy Tax 225,000 216,590 -8,410 -3.74% Billboards Revenue 138,000 138,000 0 0.00% Vehicle License Fees 250,000 373,140 123,140 49.26% Interest Revenue 50,000 101,970 51,970 103.94% Various Other Revenues 891,700 759,360 - 132,340 - 14.84% Subtotal 24,766,000 24,046,760 - 719,240 -2.90% Transfers In 100,000 32,700 - 67,300 - 67.30% Grand Total 24,866,000 24,079,460 - 786,540 -3.16% 3 FY 2010/2011 Preliminary Year -end Financial Update As reflected in the pie chart below, the largest source of revenue for the City is "Taxes," which comprised 82% of the total General Fund Revenues. Projected Revenues June 30, 2011: $24,079,460 LICENSES & F 2% FINES & PENE 6% CHARGES FOR SERVICES 6% USE OF MONEY & PROPERTY OTHER TAXES 82% As noted above, the City is projecting actual revenue receipts of $24,079,460, which are $786,540 lower than budget. The following is a brief summary of the major fluctuations, both positive and negative reflected above: 1. "Taxes" In total, overall "Taxes" are expected to be higher than budget. The positive results are based on higher than expected sales and property taxes. For example, Sales Taxes came in higher than expected by about $575,000 due to higher sales in various sectors and from a company that has established its business in the City and is generating more than expected sales tax. Property Taxes and Property Tax in Lieu of Vehicle License Fees also came in higher by about $300,000. However, these positive increases will be offset by decreases in the amount expected from Utility User's tax (mainly tax from phone companies), Franchise Tax receipts were significantly higher than the prior year due to the new franchise agreement with Waste Management, however, the actual Franchise Tax was lower than budget because the anticipated growth in other utilities did not materialize, and lastly Business License tax was also low due to the current economic conditions which have forced businesses to close down and decreased the amount of new businesses opening. 4 FY 2010/2011 Preliminary Year -end Financial Update 2. "Police Revenues" Police Revenues are estimated to be lower by $873,000. As discussed throughout the year, the major decrease is due to less franchise taxes from Royal Coaches and Vehicle Release Fees (about $474,000 for both) that have been decreasing since last August/September when changes to the DUI checkpoint and impound policies were made. Reductions are also included for reductions in Vehicle Code Fines (about $155,000) related to RedFlex violations and for decrease in the collection of parking citations. 3. "Construction Revenues" Construction revenues are expected to be lower by approximately $121,000. Due to continued economic downturn the construction business remains sluggish. It was expected that housing will see some recovery, which has not happened. 4. "Vehicle License Fees (VLF) :; VLF revenues are expected to be higher by about $123,000. The positive result was due to a one -time payment of $171,000 from the State relating to a four year delay in the payment of VLF penalties (this came in after June and was not anticipated). As noted above some revenue reductions are anticipated to be offset by some revenue increases, the remaining shortfall has been offset by expenditure savings as will be discussed in the next section. The following chart provides a trend of major tax revenues since Fiscal Year 2006 -2007: 7,000,000 6,500,000 -� -VLF IN LIEU 6,000,000 OF TAXES 5,500,000 5,000,000 4,500,000 -SALES TAX 4,000,000 3,500,000 3,000,000 - -m===- PROPERTY 2,500,000 TAXES Q, FJ FJ QJ o'�G 5 FY 2010/2011 Preliminary Year -end Financial Update As shown in the above chart, major revenues are lower than the actual receipts three years ago. The reason being is that even though the City was able to obtain higher sales tax due to the new business, the economy has continued to struggle and is not recuperating. The following chart shows the trend of Tax revenues: General Fund Taxes: Actual FY 2007 -2011 22,000,000 21,500,000 - 21,255,013 21,000,000 20,982,306 20,500,000 20,804-157 20,000,000 19,549,749 79,541,28 19,500,000 19,000,000 do The chart shows that after reaching a peak in 2008 the tax revenues have declined significantly and despite the increases in Sales Tax and Property Tax overall tax revenues are still at the lowest level. It is important to note that taxes are fixed and cannot be increased without voter approval. Therefore, any decline in tax revenues has to be offset by expenditure reductions in order to avoid impacts. Generally, the decline and recovery of tax revenues also lags behind the general economy. Therefore, even though the recession started in 2008 the major decline in taxes did not happen until 2010 as indicated above. Taxes must grow by 9% to reach the 2008 level. It is anticipated that it will take few years for the taxes to reach the 2008 level. General Fund Expenditures: The total General Fund's adopted budget was $24,776,180 and the estimated actual is $23,848,702 thus providing a savings of 3.74% or $927,479 for the 2010/2011 fiscal year. on FY 2010/2011 Preliminary Year -end Financial Update The following table shows General Fund projections by expenditure category: Category Adopted Annual Budget Projected Expenditures June 30, 2011 Projected vs. Adopted Budget % Personnel 17,804,900 17,460,431 344,469 1.93% Maintenance 989,250 814,908 174,342 17.62% Internal Charges 1,861,600 1,861,600 0 0.00% Contractual 2,383,500 2,197,793 185,707 7.79% Capital 65,000 16,709 48,291 74.29% Total Expenditures 23,104,250 22,351,441 752,809 3.260/6 Transfers 1,671,930 1,497,261 174,670 10.45% P -rnnr1 TnE�I v: U.— . V4G1 W 77a �IQA I L'T,r i V, IVV `9`8 4AQ 7A) L.M,V -VV,l VL ®°37 A7fi i 23- ,4 9 9 7A6f I 3.14/® ^+! rl �I:�s: �e9 kt h::r:rr;1' 1 r. >l. �. �. r.! Cos+- ..,. (`A7 G .....:!!' f .. Q , i.1 f - 11vc�u cuivV% L111 LJUU&. ca 1U1 VU1.wn11G1 liVJLO VV(30 .p 1 1 .0 IIIIIIIVI II VhIL UI LIIe %?/ --KO LUL "dI budget. The pie chart below provides an overview of actual expenditures projected at the end of the year: Projected Expenditures June 30, 2011: $23,848,702 CAPITAL 0% MAINTENANCE AND OPERATIONS 3% FY 2011 ESTIMATED INTERNAL SVS & OTHERS Cl 14% �- PERSONNEL 74% Over the past few years significant reductions have been made in costs such as materials and supplies, meetings and conferences, contractual services and internal service charges. As a result the remaining costs are almost fixed. This suggests that in order to reduce expenditures, personnel cost would need to be reduced since this category accounts for about 74% of the actual expenditures in fiscal year 2011/2011. Additionally, any growth in these costs would also need to be controlled until steady revenue growth is able to absorb VA FY 2010/2011 Preliminary Year -end Financial Update these increases. Thus far, our efforts to keep positions vacant helped the City realize salary savings and avoid reductions and consequently program impacts. The pie chart below provides an overview of the major budgeted expenditures by department: TRANSFERS OUT ADMINISTRATION 7% 4% RECREATION & FINANCE (Includes COMMUNITY Non - Departmental) SERVICES 6% 13% PUBLIC WORKS 1% e( ^COMMUNITYT / POLICE 4% The table shown below provides information on General Fund expenditures by department. General Fund Expenditures by Department 2010/2011 Category Adopted Annual Budget Projected Expenditures June 30, 2011 Projected vs. Adopted Budget % City Council 179,900 152,128 27,772 15.44% Administration 529,800 478,633 51,167 9.66% Human Resources 245,550 217,591 27,959 11.39% Community Development 984,350 850,585 133,765 13.59% Police Department 16,187,500 16,207,714 20,214 -0.12% Police -One time transfers to eligible sources Asset Seizure 0 200,000 200,000 Finance 614,650 556,063 58,587 0.00% Non-Departmental 893,100 814,278 78,822 8.83% Public Works 236,050 237,123 1,073 -0.45% Recreation 3,233,350 3,037,326 196,024 6.06% Total Expenditures 23,104,250 22,351,441 752,809 3.26% Transfers Out 1,671,930 1,497,261 174,670 10,45% Grand Total 24,776,180 23,848,702 927,479 3.74% 8 FY 2010/2011 Preliminary Year -end Financial Update As noted above, all departments have held the line and are projected to come within or under budget with a net savings of $927,479 million in total. However, even with these savings, the City received its annual report from its self- insurance actuaries which has indicated that there has been a significant increase in the projected and actual costs for workers compensation payments due to long -term care related to these cases; especially those related to the police department which mounted to about $1 million. In order to combat these additional costs, the police departments' workers compensation cost reflects an additional $500,000 in expenses which were transferred to the self insurance fund to cover some of these increased costs. In the last few years, many of the savings have resulted from salary savings from vacant positions; reductions in contractual services and materials and supplies; and decreases in the transfers made to subsidize Special Funds. Subsidized Funds receive transfers from the General Fund to support personnel and operating costs, which were less than expected in the current year. in order to absorb the decline in revenues noted above, the City has reduced expenditures in many areas, however, since non - personnel items only constitute a small portion of the budget, which is not enough to absorb the revenue reductions, staffing had to be reduced. The following table shows reduction in staffing over the years. Department 2005/2006 2011/2012 Difference Increase Decrease CEO 6 2 -4 -67% City Clerk 2 0 -2 -100% Finance 11 7 -4 -36% Human Resources 4 2 -2 -50% Information & Support Sery 4 3 -1 -25% Police (Sworn)* 81 77 -4 -5% Police Non -Sworn 27 23 -4 -15% Community Development 29 18 -11 -38% Public Works 37 25 -12 -32% Recreation & Community Sery 11 9 -2 -18% Facilites Maint / Fleet Sery 9 4 -5 -56% otal ** 221 170 -51 1 -23% * * Does not include 7 Elected Positions Staffing has decreased by 23% or 51 positions but even though there have been significant reductions in staffing, streamlining of processes, increased efficiencies, elimination of 9 FY 2010/2011 Preliminary Year -end Financial Update redundancies and creative ways of providing service have prevented adverse impacts on services and programs. Trend for Other City Funds Other city funds can be categorized into two categories: the first represents those funds supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund, any savings are retained in these funds for future expenditures. These funds include funds such as Proposition A, Park Maintenance Assessment District, Fleet, Information Technology and Insurance Funds. This year the majority of the funds are projected to be within budget at the end of the fiscal year except for the Insurance Fund, which as explained above had a significant increase in the actual and expected worker's compensation costs. Another set of funds represents restricted funds, where the funds are subject to restrictions for example; Asset Seizure, Grant funds and funds which have legal or other restrictions such as Proposition 42, Proposition C and Traffic Congestion relief funds, which are restricted for transportation projects. In fiscal year 2010/2011, the Asset Forfeiture fund was directly charged with allowable costs comprising of $461,000 in salary and overtime costs of sworn officers and $523,000 for equipment and related expenses in the Police Department. For Special Funds, if not spent during the year, these funds are carried over to the next year. No adverse trends are noted in these funds and reserves remain in these funds after all expenditures are taken into account. The following table shows the trend of citywide expenditures by department. CITYWIDE EXPENDITURES BY DEPARTMENT EXCLUDES TRANSFERS OUT Department FY 2006 ACTUAL FY 2007 ACTUAL FY 2008 ACTUAL FY 2009 ACTUAL FY 2010 ACTUAL FY 2011 ACTUAL Administration: Council 308,120 257,894 190,091 147,207 223,585 195,183 CEO 575,557 371,307 363,906 344,701 315,443 326,483 City Clerk 265,086 217,838 268,154 191,060 195,813 152,367 City Attorney 209,258 388,097 418,804 294,417 250,649 322,888 Human Resources 493,334 409,789 449,654 532,973 392,973 341,021 Risk Management 2,521,275 2,150,118 1,985,789 1,311,182 1,828,662 3,002,679 Information Technology 992,927 918,285 1,025,023 864,175 844,836 813,794 Finance 1,074,096 1,219,702 1,036,132 1,106,144 998,413 997,797 Non - Departmental (Beg. in 2009 includes Debt P tuts. ) 1,609,776 1,524,963 1,394,231 20,686,787 16,520,674 19,629,061 Community Development 4,085,710 2,550,359 3,907,144 3,286,138 4,452,623 3,777,721 Police 15,431,834 15,244,845 16,434,306 17,164,777 17,229,062 17,615,525 Public Works (Includes Capital Projects) 10,199,033 11,456,454 6,176,784 6,820,841 8,732,957 9,629,130 Recreation & Community Sery 5,984,035 4,977,252 6,018,323 5,834,147 5,454,911 5,307,420 Grand Total 43,750,042 41,686,903 39,668,341 58,584,550 57,440,601 62,111,069 10 FY 2010/2011 Preliminary Year -end Financial Update The following table provides citywide expenditures by category: CITYWIDE EXPENDITURES CATEGORY BY CATEGORY (EXCLUDES TRANSFERS OUT) FY 2006 FY 2007 FY 2008 FY 2009 ACTUAL ACTUAL ACTUAL ACTUAL FY 2010 ACTUAL FY 2011 ACTUAL Contractual 7,062,295 5,517,432 6,021,050 5,704,384 6,602,627 5,201,791 Personnel 20,822,867 20,421,323 20,819,580 22,310,134 22,476,239 22,890,403 Maintenance 6,601,021 5,268,786 6,754,198 14,418,050 14,340,319 15,471,722 Capital /Debt Service 4,965,583 6,670,352 2,147,472 12,308,472 10,844,114 15,569,053 Internal Services 4,298,276 3,809,011 3,926,041 3,843,510 3,177,302 2,978,100 Grand Total 1 43,750,042 41,686,903 39,668,341 58,584,550 57,440,601 62,111,069 It is important to note that a few years ago the City of Baldwin Park implemented a restructuring /reorganization plan. This proactive approach was directed at balancing city expenditures with revenues; streamlining operations; strengthening reserves, which were at precarious levels; improving efficiency of operations and improving services. The plan implemented several new revenues and reduced expenditures and staffing levels by eliminating vacant positions. City staffing levels are among the lowest in California cities and any further reductions are likely to cause impacts. As a result of this plan, expenditures in most departments except public safety have been reduced, however, the cost of critical service /operations such as police have increased to maintain the services to the community. Because of significant reductions already implemented, further reductions would have caused program and service impacts. We are pleased to report that the City not only maintained services but made significant improvements in many areas including public safety. Based on the latest crime statistics from the FBI both violent and property crimes in the city in 2010 were significantly lower than 2005 levels. In addition the City has implemented numerous new programs and has built new projects including several street improvement projects. Future Challenges Our City as many local governments will continue to experience many challenges in the future. The following are a few of these: • Sluggish Economy- the recession is over but is it really? Employment remains low, the market is volatile, home prices have not increased and we are hearing rumors of another recession. Another recession or a prolonged recovery could impact revenues and growth. • Increase in CalPers Rates- due to the recession and losses in the market in previous years, CalPers adjusted its retirement rates and 2012 will experience significant 11 FY 2010/2011 Preliminary Year -end Financial Update increases which will have to be offset by further reduction in expenditures, through the use of reserves until new revenues are implemented, or by restructuring employee benefits relating to both retirement formulas and contributions. Other challenges related to our City in particular included: • Increases in costs such as fuel, utilities, animal control, crossing guards, workers compensation, retirement costs and retiree health premiums. Despite the recession costs for utilities, fuel and several contracts such as animal control and crossing guard have increased. Furthermore, we have experienced significant increases in retiree medical costs and cost of workers compensation in the Police Department. These costs are expected to rise further in the future. • As the City has curtailed its expenses hoping for an improved economy, the need for capital investment in cars, equipment etc. is increasing. Some equipment purchases have occurred with special funding sources such as the Asset Forfeiture fund; however, this fund is getting depleted and will not be available for use in the near future. • Skeletal staffing- as discussed earlier, over the past few years the city's staffing levels have been reduced significantly. The City has not filled any vacant non -sworn position in many years. Upon retirements or resignation the non -sworn positions remain vacant to absorb revenue declines and cost increases. While city staff has performed a great job in managing priorities, in the future, programs would need to be evaluated to balance services with available resources unless new revenues are implemented. The 2011/2012 budget was approved by using $589,730 in reserves. The budget eliminated 5 additional vacant non -sworn positions, few programs and still needed the use of reserves. Based on current year's actual revenues, our revenues for next year might be slightly better than originally anticipated, however, the City will see additional increases in CalPers rates and other costs as discussed above. With the current economic outlook, we anticipate a need to use reserves in the next year also unless new revenues or further program reductions are implemented. During the budget process the City Council directed staff to develop options to prepare the 2012/2013 budget without the use of reserves. Staff is in the process of evaluating programs, services and will submit revenue enhancement or cost reduction measures early next year. SUMMARY In the last couple of years, many cities have been forced to cut programs, services and implement lay -offs and furloughs while the City of Baldwin Park has stood strong maintaining its fiscal position, programs and services. Unfortunately, the recession that has caused havoc on financial condition of states, cities, counties, federal government, corporations as well as individuals shows no signs of abating and will require continued quest for challenging and 12 FY 2010/2011 Preliminary Year -end Financial Update tough choices such as new revenues and further cost reductions. While we are hopeful that 2012 will bring more hope, we must continue to find a balance between expenditures with available revenues and provide the best services that the residents deserve. We would like to thank the City Council for their support, E -Team for their hard work and all City staff members for their contributions and numerous accomplishments despite the many challenges that we face. FISCAL IMPACT If approved the FY 2010/2011 adopted budget for revenues and expenditures would be reduced to the projected year end actual as discussed above. RECOMMENDATION It ►s recommended that the City Council receive and file the end of the year FY 2010/2011 financial update. 13 A - R - This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. Staff recommends City Council reject the claims of Alicia Castro, Marisol and Alexander Gascon, and Antonio Gallegos and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Castro, Alicia DOL:08/03/2011 • Gascon, Marisol & Alexander DOL 08/15/2011 • Gallegos, Antonio DOL 06/01/2011 CITY OF BALDWIN PARK ra a " wx BALDWIN CLAIM FOR DAMAGES A TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION, PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., 13ALDVVIN PARK, CA 91706 WARNING ® CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) ® ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) Clerk's Official, Filing Stamp To: City of Baldwin Park 4. Claimant's Date Of Birth (if a minor 1. Name of Claimant 00 �:h�a 5. Claimant's Occupation 2. Home Address of Claimant P "Iqo a 6. Home Telephone Number 3. Business Address of Claimant 7. Business Telephone Number nn;J nriqr— +r, Arkl,k v— notices or communications mbe sent regarding 'L'- rYtl 11 ly Ll 11b Uldil 11. t a IA) Nib 10 'IL rd 'Req- . I / ('00 1/t-ki ,,, 1/11 H-ri T'Dil I . IF t , 1-t M 9. When did DA AGE or INJURY occur? gi Date: � / / I 0 A-/-f V 10. Names of any.10ity employees involved in INJURY or DAMAGE: Tim e If claim is for Equitable Indemnity, give date claimant Name d De artment -ininnymck 0 u5 Dn i� v' served with complaint: 11. Whin did DAMAGE or INJURY occur ?. a r a ot 5:ff ce-, wurews )fiv, 1z 12 Describe in detail how the DAMAGE or INJURY occurred. .. , Woe-', a �204-1- I'la)IM-1 16 acia4di--l-71, _�v�ty- vn a� bU6 Mo-f toqe) f 13. Were police or paramedics Called?uyes.*< No 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes *t No El name, address and phone number: Yin' 6111bi'llAi'li If yes, what is the Report No? �S 7 1 -P 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) Trio h 111, 15 y"a Ott 6�y, LA 11\�5a - L-C� V1 t P0 h I a P-ety", 15. List damages incurred to date? [(nh'1okVV1 kjc+ k 0 16. Total amount of claim to date: $ 6 CL+ Basis for Computation: IA51 /A -4Zr V" e- - I Limited Civil Case: ❑ Yes No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount Yes required shall be stated, but you are to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages. $ Lt"VM'Is"A Basis for Computation: . - � 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name C) ME Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: /hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoingistrue and correct to the best of my knowledge. 2, lua.4- r-k-14, X 4_4� h6tatr&i e Signature - - Relationship to ClaimAn Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) CITY OF BALDWIN PARK I nI* BALDWIN CLAIM FOR DAMAGES I k K • T 1;V . _PY_R� • 1#9 INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant l C_,,�,ts 5. Cl ' an,%s Occupation— - 6t, rl so co V-) r�'11 mer ce, 2. Home Address of Claimant 1 U e/ I 7�r ��qvo -rr?1V1df, 6. Home Telephone Number 456 qsorl & 3. Business Address of Claimant 1'7"r _T 7. Business Telephone Number S;.-A nn 1 8. Name and addresS In which you de communicatiops to be sentregardingi 1,11,11's dia-in I.- 11-- J I/ l ''y 1/1\ M,/ Sez Vvq a I � \ _J/ I I , y se) k 9. When did D MA or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: I /5 Time: Name Department claim If is or Eq itable Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? �' �& Describe in del:4 how the DAMAGE or INJURY occurred. -1 IUO/ rzC61W rp. Kyv?oui6teA ct7/ r 13. Were police or paramedics called? Yes ❑ No ET 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? �5sl No El name, address and phone number: If yes, what is the Report No? IfP1 14. Why do you claim the City of Baldwin Park is responsible? (Please e specific --Use additional sheet if necessary) LW L) de- Ale "1, 0 1-1. _P9iq<7?5S 4- t, i, L ?4!5� -! je "I kv , V 0 Pl -4-6-w" 10 VL Z'4 , , - - Mov'L P 4�v 3s o � ?-, so _T Aill GAe, Vf -4 _T b 16. List dafnages incurred to date? -+0 15 -e -� rh I I /#,X 1� &�JeAs C, JL e -, h_-, b i E ILA Ct 1010 0 + "f, b"J-� e V-'r, 'T Ae ve", g04- 67 oet i Y's- a4mos,l- a fawet poll 0 '1k, km rr,(Q r)AV 00 G vI e- -1 4 e6T d 16. Total amount of claim to date: $ ,;2 4/ Basis for Computation: Limited Civil Case: [_1 Yes F-1 No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I hereby certify (or declare) under penalty of pe jury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Signature Relations* to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) cvv\, YA l 11- rn u sf-1 ynl-,�� k-la Px-(L-"9, 4 r a Y,- �S-o �S .4r` ct 40 9��- ' T e- V.,2 It- v Gam. -10 oar -T w jo 6-0 u ol V" C9 Yl Wlp- j 464- ben oi bo c�Z 6u L) e lzj,. ood �qs- 0 hc�U4 -n D cl 40 ` V-\ 4&k PO t C-e OY) e'o r s 6 Vd lee '411 ry,,) �4u f7i7 1-1/-,/ i 11/1 fo v u)"") 1 k-) T, -/-19 it D, -17 71 c � 1 i�' � b CITY OF BALDWIN PARK Consent Ca/ebTW N SUBJECT: Approval of Renewal of Animal Control Agreement :"with the Approval of Los Angeles; Introduction of Ordinance No. 1345 adopting by references changes to Los Angeles County Title 10 relating to Animal Care and Control Services; and Adoption of Resolution No. 2011 -029 for fees and penalties relating to licensing of dogs and cats PURPOSE This report requests City Council approval for renewing the agreement with the County of Los Angeles for animal control services for the City of Baldwin Park. This report also requests the City Council introduce, for first reading, Ordinance No. 1345, which will amend Baldwin Park Municipal Code Chapter 92 relating to animal control and adoption of Resolution No. 2011 -029 regarding fees related to dogs and cats. BACKGROUND At the April 21, 2010 Council Meeting, staff brought a report to Council discussing County of Los Angeles Department of Animal Care and Control fee increases, as well as protocols that the City could put into place in an effort to reduce costs. In that April 21, 2010 report, staff discussed that in FY2009/2010, the hourly rate for "Field Services" increased from $59.42 to $75.51 — an increase of 27 %; while the hourly rate to house both dogs and cats went from $10.47 to $17.00 — an increase of 62 %. The cost to dispose of deceased dogs went from $5.89 per animal to $10.38 — an increase of some 76 %. The highest increase was seen in the hourly rate to house all other animals, which went from a paltry $5.78 to a staggering $11.78 — an increase of about 104 %. Council also considered the adopting of changes to Title 10 of the Los Angeles County Code relating to fee increases, mandatory spaying and /or neutering of dogs and cats and mandatory micro - chipping of dogs. Since that time, staff has worked closely with the Department of Animal Care and Control in tracking, forecasting and responding to current and future animal control needs. The City of Baldwin Park has had a long- standing agreement with the County of Los Angeles to provide total animal control services. The County service to the City includes patrols, kennel and animal shelter services, and license sales coordination. All services provided are billed to the City, and all revenues realized from license sales go toward offsetting the costs of the program. Our current agreement expires on June 30, 2012. The County has asked the City to extend the agreement to June 30, 2014. The current agreement states that if the City wishes to renew the agreement, the City Council shall notify the Director of Animal Care and Control no later than May 10, 2012 of their desire to renew. If such notice is not received, the current agreement will terminate June 30, 2012. DISCUSSION On April 27, 2011, the City received correspondence from County of Los Angeles Department of Animal Care and Control advising of their Fiscal Year 2011/2012 billing rates. Field Services rate has increased by 1.8 percent; Canvassing Services increased 6.2 percent; Daily Kennel rates for dogs/cats increased by 0.18 percent; and Daily Kennel rates for all other animals increased by 3.8 percent. These rate hikes will raise the City's cost for providing animal services. The cost for providing animal services fluctuates from year to year depending on the level of need in the community. Since 2009, the rates and cost of Animal services have increased significantly. The city spent more than $450,000 in the past two years FY2009/2010 - $281,329, FY2010/2011 - $176,733. Whereas prior to the increases, the city was spending approximately $125,000 per year. In FY 2011/2012, the costs are estimated to be $181,558.This is assuming that animal numbers remain the same as 2010/2011. City Unaltered Dog Altered Dog Seniors - Altered Dogs Late Penalty Unaltered Cat Altered Cat Baldwin Park 30.00 15.00 7.50 20.00 10.00 5.00 LA County 60.00 20.00 7.50 20.00 10.00 5,00 Bradbury 70.00 30.00 17,50 20.00 10.00 5.00 Covina 60,00 20.00 7.50 60,00 Do not License Do not License Duarte 48.00 25,00 Free for 65+ 50.00 48.00 25.00 El Monte 60.00 20.00 7.50 20,00 10.00 5,00 Irwindale 60.00 20.00 7.50 60.00 10.00 5.00 La Puente 60.00 20.00 7.50 20,00 10.00 5.00 West Covina 60.00 22.00 10.00 60.00 - 30.00 for 65+ - 20 for cats 10.00 I 5.00 Los Angeles County estimates that rate increases will provide the City with an additional 69,225.00 (Attachment C) to offset animal control costs. In addition, to a change in the City's fee schedule, staff is recommending the City Council adopt current changes to Title 10 of the Los Angeles County Code which include the imposition of a new fee for the issuing or renewing animal licenses in the field, modifications to the delinquency charges assessed for untimely renewals or failure to timely procure a required animal license mandatory spay /neutering and mandatory micro - chipping of dogs. On September 22, 2009, the Los Angeles County Board of Supervisors approved changes to Title 10 of the Los Angeles County Code related to the imposition of a new fee for the issuing or renewing animal licenses in the field ($40 penalty fee) and modifications to the delinquency charges assessed for untimely renewals or failure to timely procure a required animal license (modification of the flat $20 delinquency charge to an amount equal to the amount of the animal license). The County has suggested the City of Baldwin Park adopt the same fees. The fees would only impact those animal owners who do not comply with the provisions of the City's Municipal Code governing the animal licensing. According to Mr. Lance Hunter at the Baldwin Park facility, Elton Shelter, the use of those fees has increased voluntary compliance with licensing requirements. In addition to better compliance, adoption of those modifications will provide the City with the potential for additional revenue from animal licenses issued to and renewed by our residents. Staff has also been examining one of the major complaints received from our residents regarding animals; the number of stray dogs roaming the streets. Stray animals can be public safety hazards; and unaltered dogs are more likely to stray. Stray dogs can attack, bite, cause traffic accidents, spread disease, damage property and harm the quality of life for the residents in our community. Unaltered males search for mates and are attracted in packs when females come into heat. One female in heat, even if confined, can make an entire neighborhood unstable by attracting packs of male dogs. Those situations often get dangerous. Unaltered dogs create unplanned litters and there are not enough available homes. Animal shelters are overwhelmed with unwanted dogs and cats. We need to find a way to stem the flow of unwanted animals. During several Council Meetings, Mayor Pro Tern Marlen Garcia and Council Member Monica Garcia have brought up the issue of unaltered animals and the danger they can pose to the community. They directed staff to investigate the feasibility of the City adopting spay /neuter regulations. Section 10.20.350 of the Los Angeles County Code provides for mandatory spaying/ neutering of dogs: "No person may own, keep, or harbor a dog over the age of four months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered or obtain an unaltered dog license..." Staff recommends cats also be in included in the City's mandatory spay /neuter regulations. Feral cats make up a large number of the animal population at the Elton Shelter. Another huge issue in the City is the large number of dogs that get lost and, because they can not be identified, are never reunited with their owners. Presently, the City of Baldwin Park does not require dogs to be micro- chipped. Section 10.20.185 of the Los Angeles County Code provides for mandatory micro - chipping of dogs: "All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the department, and shall notify the department and the national registry applicable to the implanted chip, of a change of ownership of the dog, or a change of address or telephone number. The City currently has adopted the Los Angeles County Code's regulations regarding animal care and licensing, except the spaying /neutering and micro - chipping requirements. Including those two requirements as part of those adopted by the City by reference would help improve public safety and reduce the number of stray dogs overwhelming the Elton Animal Shelter. Except as discussed below, those regulations would require all residents to have their dogs and cats spayed or neutered and have an identification microchip implanted in each dog. There would be an exception to the requirement for dogs to be spayed or neutered for the following reasons: • Dogs which are unable to be spayed or neutered without a high likelihood of serious bodily harm or death due to age or infirmity, • Dogs used by law enforcement agencies for law enforcement purposes, • Service or assistance dogs that assist disabled persons, • Competition Dogs - A Competition Dog is a dog which is used to show, to compete or to breed, which is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog • Breeders Association (ADBA) or other approved breed registries. Staff has reviewed the level of service provided to the City. In 2010/2011, the County provided housing for 12,211 animals and picked up 686 dead animals. The Police Department and Code Enforcement staff was surveyed as to the County's services levels. Both departments said they had received a few complaint calls, but that on the whole, the County has been responsive to the needs of the City and has worked with staff to make corrections where there were issues. In addition, as directed by Council, staff did look into other options /organizations that could provide animal control services and found that the only viable option at this time is Los Angeles County Animal Care and Control. The City Attorney reviewed and approved the resolution as to form and content. FISCAL IMPACT Adopting the fee and penalty changes to Los Angeles County Title 10 relating to licensing of dogs and cats is estimated to generate net new revenue of $64,225.00, as estimated by Animal Care and Control. This would help the General Fund by offsetting the increased cost of providing animal services because of the significant rate hikes imposed by Los Angeles County Department of Animal Care and Control in the prior years. RECOMMENDATION Staff recommends City Council: 1) Approve the Agreement with the County of Los Angeles, Department of Animal Care and Control, subject to approval of the City Attorney as to form, to be effective July 1, 2012 and though June 30, 2014. 2) Introduce for first reading by title only, with further reading waived, Ordinance No. 1345: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 92 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO ANIMAL CONTROL" 3) Adopt Resolution no. 2011 -029: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SETTING LICENSING FEES AND PENALTIES FOR DOGS AND CATS; AND RESCINDING RESOLUTION NO. 2004 -36 ATTACHMENTS: A) Letter from Marcia Mayeda, Director, County of Los Angeles Department of Animal Care and Control, advising of 2011/2012 rate increases and level of service request, B) Renewal contract for FY July 1, 2007 to FY June 30, 2012, C) Current contract with the County dated July 1, 2002, D) Proposed Ordinance No. 1345, E) Proposed Resolution No. 2011 -029, F) Cost Saving Estimate RESOLUTION NO. 2011-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SETTING LICENSING FEES AND PENALTIES FOR DOGS AND CATS; AND RESCINDING RESOLUTION NO. 2004-036 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2004-36 is hereby rescinded. SECTION 2. The fee of licensing dogs and cats in the City shall be as follows: Unaltered Altered Dog Unaltered Altered Cat Senior-owned Penalty for Dog Cat Altered Dog Untimely or Cat Licensing of Dog or Cat $60.00 $20.00 $10.00 $5.00 $7.50 Same as applicable fee SECTION 3. In addition to the above fees and penalties, an additional fee of $40.00 shall be charged for any dog or cat license issued or renewed in the field. SECTION 4. The fees and penalties established by this Resolution shall become effective on the effective date of Ordinance No. 1345. SECTION 5. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this 7th day of September 2011. Manuel Lozano, Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF BA WIN PARK 1, Alejandra Avila, City Clerk, of the City of Baldwin Park do hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council • the City • Baldwin Park at its regular meeting of the City Council on September 7, 2011 • the following vote: AYES: NOES: ABSENT: ABSTAIN: 1 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER • OF THE BALDIWN PARK MUNICIPAL CODE RELATING TO ANIMAL CONTROL WHEREAS, Chapter 92 of the Baldwin Park Municipal Code adopts by reference the animal control regulations set forth in Title 10, Animals, of the Los Angeles County Code (the "County Animal Control Regulations"); and WHEREAS, Title 10 of the Los Angeles County Code has been amended since. Chapter 92 was previously adopted; and WHEREAS, the Cit%/Council AeSirns to adoptt1he revised County-Anii-ndall C, ntrol 10 Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARI DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1, Chapter 92 of the Baldwin Park Municipal Code is hereby amendeii. to read as follows: (A) Subject to the provisions of Sections 92.02 and 92.03, Title 10 of the �os Angeles County Code, in effect as of the operative date of Ordinance No. 1345 ("Title 10"), is adopted by this reference, as the Baldwin Park Animal Control *\'egulations. (B) Copies of the Baldwin Park Animal Control Regulations are on file in the offict V the City Clerk • the City and are available for inspection by interested members of the public. IM st,im.16-l"11 "County Clerk" shall mean the City Clerk of the City of Baldwin Park. "County" or "County of Los Angeles" shall mean the City of Baldwin Park. Notwithstanding anything to the contrary contained in Title 10, license fees and penalties applicable to the Baldwin Park Animal Control Regulations shall be set by resolution of the City Council. 0 A • ATTEST: ALEJANDRA AVILA, CITY CLERK r County of Los Angeles Department of Animal Care and Control + + Administrative Office {k x 5898 Cherry Avenue LOS ANGELES Long Beach, California 90805 ANIMAL CARE. Marcia Mayeda (562) 728 -4610 • Fax (562) 422 -3478 ANDCONr1101 Director http: / /animaicare.lacounty.gov April 27, 2011 Shelter Locations Mr.—Vijay Singhai Downey Shelter City of Baldwin Park 11258 S. Garfield Ave. Downey, CA 90242 I`t4�03 CaSt rdUIR; Avenue (562) 940 -6898 Baldwin Park, CA 91706 Carson Shelter 216 W. Victoria St. Gardena, CA 90248 Dear Mr. Singhal: (310) 523 -9566 Baldwin Park Shelter FISCAL YEAR 2011 -12 SERVICE LEVELS AND BILLING RATES 4275 N. Elton St. Baldwin Park, CA 91706 (626) 962 -3577 The County of Los Angeles Department of Animal Care and Control (Department), in conjunction with the County of Los Angles Auditor - Controller, has developed the contract city billing rates for Fiscal Year FY p y g ( ) 5210 W. Avenue I 5210 W. Avenue { Lancaster, CA 93536 2011 -12. The new rates are summarized on the first page of the FY 2011 -12 (661) 940 -4191 Service Level Request (Attachment 1 — the form is referred to as "Attachment Castaic Shelter A "). These rates have been approved by the Auditor - Controller and will be 31044 N. Charlie Cyn. effective July 1, 2011. Road Castaic, CA 91384 (661) 257 -3191 The FY 2011 -12 billing rates are reasonably consistent with the current billing rates and include both increases and decreases. The new rates for services Agoura Shelter 29525 Agoura Rd, have been amended as listed below: Agoura, CA 91301 (818) 991 -0071 . Field services rate will increase by 1.8 percent Major Case Unit - Canvassing services rate will increase by 6.2 percent 11258 S. Garfield Ave. . Daily kennel rate for dogs /cats will increase by 0.18 percent Downey, 90242 (562) 658 -2-2 000 y kennel "other" Dail l rate for "oth" animals will increase b 3.8 percent - License processing rate will decrease by 9.0 percent - Disposal of dead animal rate will decrease by 3.9 percent In an effort to ensure prescribed services within your jurisdiction in the upcoming fiscal year, we request your assistance in completing the attached Fiscal Year 2011 -12 Service Level Request "Attachment A" and submitting the completed form no later than May 26, 2011. The completed Service Level Request should be submitted to: "To Enrich Lives Through Effective And Caring Service" Mr. Vijay Singhal April 27, 2011 Page 2 Department of Animal Care and Control Whitney Duong /Contract Cities 5898 Cherry Avenue Long Beach, CA 90805 Completion to this annual Service Level Request is consistent with the terms of the revised standard Agreement. The document provides the Department with an acknowledgement of planned services and allows for improved planning and deployment of resources. If your jurisdiction determines changes in service levels are required during the fiscal year, a revised service level agreement can be completed. Upon agreement of both parties, the additions or deletions to services contemplated in a revised service level agreement can be scheduled for implementation. In addition to the FY 2011 -12 Service Level Request, a description of Department services (Attachment 11) and FY 2011 -12 budgetary estimates (Attachment 111) are attached for your reference. If you have any questions, please contact me or your staff may contact Ms. Whitney Duong, Contract City Liaison, via email at wduonq _(a-)animalcare.lacounty.gov or (562) 256 -2412. Sincerely, MARCIA MAYEDA Director r. Attachments CITY-COUNTY MUNICIPAL SERVICES AGREEMENT TABLE OF CONTENTS COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF BALDWIN PARK PARAGRAPH TITLE PAGE RECITALS............................................................................ 2 1.0 CONTRACT AUTHORIZATION ........................... 9 2.0 ADMINISTRATION OF PERSONNEL ...................... 2 3.0 DEPLOYMENT OF PERSONNEL ................................ 3 4.0 PERFORMANCE OF CONTRACT ............................... 4 5.0 INDEMNIFICATION .................................................. 4 6.0 TERM OF CONTRACT .............. ............................... 5 7.0 RIGHT OF TERMINATION ....................................... 5 8.0 CONTRACT SUM ................................................... 5 9.0 PAYMENT PROCEDURES ....................................... 6 10.0 ENTIRE AGREEMENT ............................................ 6 SIGNATURES.............................................................................. 7 CITY - COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF BALDWIN PARK THIS AGREEMENT is made by and between the COUNTY OF LOS ANGELES, hereinafter referred to as County, and the CITY OF BALDWIN PARK, hereinafter referred to as City. RECITALS a. The City is desirous of contracting with the County for the performance of animal care and control functions described herein by the County. h Theme County of I r%s dnnoloc ie onreeable fn renAmrinn such services on the u. e I w v MI ILy v1 w e � �y�.��..v w uy� v�.u�✓w ,y v�+�+ terms and conditions set forth in this Agreement. c. Such contracts are authorized and provided for by the provisions of Section 56 -1/2 and 56 -3/4 of the Charter of the County of Los Angeles and Section 51300 et seq. of the Government Code of the State of California. 1.0 CONTRACT AUTHORIZATION 1.1 The County agrees, through the County Department of Animal Care and Control, to provide general animal care and control services within the corporate limits of the City to the extent and in the manner hereinafter set forth. 1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the County under the Charter of the County and the Statutes of the State of California and under the municipal codes of the City. 2.0 ADMINISTRATION OF PERSONNEL 2.1 The rendition of the services performed by the County, the standards of performance, the discipline of officers and staff, and the matters incident to the performance of such services and the control of personnel so employed shall remain with the County. 2.2 In the event of a dispute between the parties to this contract as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the County and the City. Page 2 of 7 2.3 With regard to Sections 2.1 and 2.2, the County, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.4 All City employees who work in conjunction with the County's Department of Animal Care and Control pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employee as such shall become employees of the County unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by the City and County. 2.5 For the purpose of performing services and functions, pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every County officer and /or employee engaged in performing any such service and function shall be deemed to be a contracted officer or employee of the City while performing such service for the City, as long as the service is within the scope of this Agreement and in a municipal function. 2.6 The contracting City shall not be called upon to assume any liability for the direct payment of any County Department of Animal Care and Control salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his /her employment as a contract employee of the City. 2.7 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Services Rules to which it is subject and which prohibit discrimination on the basis of non -merit factors, shall for purposes of this contract be read and understood to prohibit discrimination. 3.0 DEPLOYMENT OF PERSONNEL 3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the County Department of Animal Care and Control. 3.2 The City agrees to complete a Service Level Request form annually (Attachment A) and the level of service to be provided and contract sum shall be signed and authorized by the City and the County Department of Animal Care and Control or his /her designee and shall be attached to this contract as an amendment. Page 3 of 7 3.3 The City may request a change in level of service and complete an additional Service Level Request form and submit such form to the County Department of Animal Care and Control. The revised level of service to be provided and contract sum shall be signed and authorized by the City and the County Department Animal Care and Control or his /her designee and attached to this contract as an amendment to the level of service and the contract sum. 3.4 The City is not limited to the foregoing services indicated, but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of Animal Care and Control to provide. 4.1 For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services. 4.3 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said City, the same shall be supplied by the City at its own cost and expense. 5.0 INDEMNIFICATION 5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and /or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and /or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein. 5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the Joint Indemnity Agreement previously in effect between the parties hereto. Page 4 of 7 6.0 TERM OF CONTRACT 6.1 Unless sooner terminated as provided for herein, this Agreement shall be effective 2011, and shall remain in effect until June 30, 2014. 6.2 At the option of the Board of Supervisors and with the consent of the City Council, this Agreement may be renewable for successive periods not to exceed five years each. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than 60 days prior thereto. 7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within 60 days of receipt of hereunder, and in such an event this Agreement shall terminate 60 calendar days from the date of the City's notice to the County. 7.3 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least 180 days before the date specified for such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. E:1 i= liP►19 7_T "9&1Y1►Vi 8.1 The City shall pay for the services provided under the terms of this service agreement at the rate established by the County's Department of Animal Care and Control and approved by the Auditor - Controller. 8.2 The rates indicated in the Service Level Request form shall be readjusted by the County annually effective the first day of July each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the County Board of Supervisors. 8.3 The City shall be billed based on the service level provided within the parameters of the Service Level Request form. Page 5 of 7 8.4 The cost of other services requested pursuant to this Agreement and not set forth in the Service Level Request form shall be determined by the County's Department of Animal Care and Control and in accordance with the policies and procedures established by the County Board of Supervisors. 9.0 PAYMENT PROCEDURES 9.1 The County, through the County of Los Angeles Department of Animal Care and Control, shall render to said City within ten (10) days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay County for all undisputed amounts within 30 days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within 60 days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within 15 days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within 60 days after the dispute resolution is memorialized. 9.3 Interest shall be calculated at the rate of seven percent (7 %) annually or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within 60 days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to City of County's intention to do so. 10.0 ENTIRE AGREEMENT 10.1 This Agreement and Attachment A hereto, constitute the complete and exclusive statements of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County. The Director of Animal Care and Control or his /her designee is authorized by the County to execute supplemental agreements. Page 6 of 7 CITY - COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF BALDWIN PARK IN WITNESS WHEREOF, the County of Los Angeles Board of Supervisors has caused this Agreement to be subscribed by its Chair and the City has caused this Agreement to be subscribed on its behalf by its authorized officer. ATTEST: as City Clerk Date By City Attorney Date APPROVED AS TO FORM: ANDREA ORDIN County Counsel By Principal Deputy County Counsel go LIZZ COUNTY OF LOS ANGELES MARCIA MAYEDA Director, Animal Care and Control CITY OF BALDWIN PARK City of Baldwin Park, City Manager Page 7 of 7 Attachment A CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF BALDWIN PARK FY 2011-12 SERVICE LEVEL REQUEST Part One: Billing Rates for the period July 1, 2011 through June 30, 2012 Kennel Services - dog and cat per day $16.77 Kennel Services - other animals per day $ 7.87 Kennel Services - observation per day $20.12 Field Services per hour $79.24 Dog license processing per license $ 2.30 Dead animal disposal per animal $10.59 Animal License Field Enforcement Canvassing per hour $60.20 Liability Trust Fund (applied to Field Services and Animal License Field Enforcement Canvassing hourly amounts only) 4% CITY OF BALDWIN PARK Page 1 of 6 Part Two: Annual /Amended Service Request Approval Authorized Representative Authorized Signature Date (Printed Name) (Signature) Title Part Three: Annual Service Level Field Services Telephone Number Standard Service Plan - Includes answering calls for service (24 hours per day, daily); dispatching or assigning field staff; and performance of duties in the field based on priority, location, and availability of staff. The following classification (s) of calls should not be assigned to field or shelter staff and will not be the responsibility of the Department: (Example: Barking Dog Complaints) ❑ Limited Standard Service Plan: • Daily between the hours of (a.m. /p.m.) and (a.m. /p.m.) • Weekend days and holidays • Emergencies ❑ Field Service Packages - Field staff shall be dedicated to servicing calls, patrolling, transporting animals, or other specified activity for the requested amount of time. Service time will be reported monthly. Compliance shall be achieved through actual total hours within 98 percent and 102 percent of target total hours. Please confirm availability of this level of service prior to submitting this Service Level Request. O 40 Hour 2,080 hours annually O 56 Hour 2,912 hours annually O 70 Hour 3,640 hours annually 0 CITY OF BALDWIN PARK Page 2 of 6 Shelter Services Full Service - All animals acquired in the field, within the boundaries of the city or determined to have originated within the boundaries of the city, may be impounded at a County shelter. Impounded animals will be vaccinated and provided medical care, food, and shelter. The animal's picture will generally be posted on the Department's Website to assist residents in reclaiming a lost or missing pet. Residents may also visit the associated shelter to find their lost or missing pet. The hours of operation of each shelter are scheduled at the discretion of the Department. See Part One for the associated shelter services billing rates. Primary Shelter *: 0 Sheltering for Transfer - Full Service, as described above, except a designated city staff member with a vehicle deemed humane for transportation of animals will acquire the animals from the shelter, appropriately update the Department's animal care database, and transport the animals to the shelter of the city's choice. The city will be responsible for the subsequent costs of care and housing. See Part One for the associated shelter services billing rates for any costs incurred prior to transfer. ❑ No Sheltering Services The Department shall take reasonable action to shelter all animals at this location. There may be circumstances in which the Department must shelter animals at an alternate location. In general, such sheltering shall be temporary and animals shall subsequently be transferred to the primary shelter. Outreach and Enforcement Services Licensinq /Standard Licensing Services - License renewal notices are mailed or transmitted to the animal owner of record, the renewal and payment is received and processed annually on a fee per license basis. Licenses will be required before an animal will be released to a resident of a City participating in the Standard Licensing Services program. Fees from licenses collected will be credited to the city monthly in arrears. Your jurisdiction must adopt either the County's Title 10 animal license fees or separate license fees unique to your city and provide the approved fee schedule and a copy of the adopted resolution to the Department. ❑ No Animal Licensing Services CITY OF BALDWIN PARK Page 3 of 6 Canvassing (Animal_ License Field Enforcement) License Canvassing Services - Provides for dedicated staff to perform license enforcement activities (issuing new licenses, license renewals, collecting delinquency charges and other fees) in the field. To participate in Canvassing Services your jurisdiction must adopt either the County's Title 10 delinquency charge and applicable enforcement fees or separate delinquency charges and enforcement fees unique to your jurisdiction and provide the approved delinquency charge /fee schedule and a cop of the adopted resolution to the Department. o Annual Citywide - Authorization for unlimited canvassing for expired licenses or failure to have required licenses. o Annual T argeted - Department staff shall canvass targeted areas of the city based on criteria agreed upon by the City and Department. o Canvassing Service Packages - Department staff shall canvass targeted areas of the city based on criteria agreed upon by the City with defined service levels. Please confirm availability of this level of service prior to submitting this Service Level Request. The initial defined service level request is hours. Note: Canvassing charges apply to Vaccination Clinics conducted within your jurisdiction. ❑ No Canvassing Services Business Licensing Business Licensing • Licensing and Inspection /Grading Services • Inspection Services ONLY ❑ No Business Licensing Clinics Vaccination Clinic(s) will be requested to be conducted within your jurisdiction ❑ No Vaccination Clinics Other Services .Humane Investigations and Prosecution - As needed Emergency Services - As needed CITY OF BALDWIN PARK Page 4 of 6 Upon reasonable notice, the Department shall make available to City of Baldwin Park authorized representatives for examination, audit, excerpt, copy, or transcription any pertinent transaction, activity, or other record relating to this Agreement. The City of Baldwin Park shall ensure such records are handled in a manner consistent with all applicable privacy laws and any other laws related to public records. Part Four: Contact Information ❑ Primary Contact o Name: • Telephone: ( )_ • Alt. Telephone: ( ) o E -mail: ❑ Alternate Contact o Name: o Address: • Telephone: ( )_ • Alt. Telephone: ( ) o E -mail: Part Five: License Information (required if the Department manages City licensing) ❑ City has adopted the license fees outlined in Title 10 of the Los Angeles County Code Altered Dog $ Altered Cat $ - Unaltered Dog Unaltered Cat - "0 Senior* Dog $ *Senior age is defined as 60 years. Delinquency Charge $ Equal to Amount of License Delinquency Charge applies after: 10 days Field Enforcement Fee 0 (licensing initiated in the field) CITY OF BALDWIN PARK Page 5 of 6 City has adopted the following license fees: Altered Dog $ Altered Cat Unaltered Dog Senior* Dog Unaltered Cat Senior* Cat *Senior age is defined as years. Delinquency Charge $ Delinquency Charge applies after: days. Field Enforcement Fee $ (licensing initiated in the field) Current license fees adopted by the City on , 20 Please attach a copy of the enacting license ordinance. Part Six: Animal Regulations /Enforcement (required if the Department performs field services) ❑ City has adopted all portions of Title 10 on , 20 City adopted Title 10 with the exception of the following: ❑ City adopted the following provisions specific to its jurisdiction: CITY OF BALDWIN PARK Page 6 of 6 Agreement r --kELSPA r` r CITY ORIGINAL DOCUMENT Please sign and return fully executed document to: City of Baldwin Park Office of the City Clerk 14403 E. Pacific Ave. Baldwin Park, CA 91706 THIS AGREEMENT, dated for purpose of reference only, July 1, 2007, is made between the COUNTY OF LOS ANGELES, hereinafter referred to as "County," and the CITY OF BALDWIN PARK, hereinafter referred to as "City." (a) The City is desirous of contracting with the County for the performance 11 of the hereinafter described animal control services within its boundaries by the County of Los Angeles, through the Director of Animal Care and Control. (b) The County of Los Angeles is agreeable to rendering such services on the terms and conditions as hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 56 1/2 of the Charter of the County of Los Angeles and Sections 51300, et seq. of the Government Code. (d) The parties are aware of the enactment of Government Code Section 907 regarding offset of delinquent amount due for services and the City has agreed to waive its right of advance written notice in accordance with the terms set forth in this agreement. 1. The County agrees, through the Director of Animal Care and Control of the County of Los Angeles, to provide animal control services within the corporate limits of the City to the extent and in the manner hereinafter set forth. =2= Such services shall only encompass the duties and functions of the type coming within the jurisdiction and customarily rendered by the Department of Animal Care and Control of the County of Los Angeles under the Charter of said County and the statutes of the State of California. The level of service shall be the same basic level of service that is and shall hereafter during the term of this agreement be provided for the unincorporated areas of the County of Los Angeles by said Director of Animal Care and Control. The rendition of such services, the standard of performance and other matters incidental to the performance of such services and the control of personnel so employed shall remain in the County. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder or the level and manner of performance of such service, the determination thereof made by the Director of Animal Care and Control of the County shall be final and conclusive as between the parties hereto. Such services shall include the enforcement of State statutes and municipal animal control ordinances as the City may adopt, as hereinafter provided for. 2. The County agrees to provide kennel and animal shelter services to the City at Animal Center #4, the Baldwin Park Shelter. The County, at that facility, shall accept all animals delivered for impoundment by the City on a 24- hour-a-day, seven-days-a-week basis. =3= 3. To facilitate the performance of said functions, it is hereby agreed that the County shall have full cooperation and assistance from the City, its officers, agents and employees. 4. For the purpose of performing said functions, County shall furnish and supply all labor, supervision, equipment and supplies necessary to maintain the level of service to be rendered hereunder. Notwithstanding anything hereinbefore contained, it is agreed that in all instances wherein special supplies, stationery, notices, forms and the like must be issued in the name of said City, the same shall be supplied by said City at its own cost and expense. 5. All persons employed in the performance of such services and functions for said City shall be County employees and no City employee as such shall be taken over by said County, and no person employed hereunder shall have any City pension, civil service or any status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance thereof where necessary, every County officer and employee engaged in the performance of any service hereunder shall be deemed to be an officer or employee of said city while performing services for said City, which services are within the scope of this agreement and are purely municipal functions. ME 6. City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any County employee performing services hereunder for said County. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment. 7. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 8. Notwithstanding anything to the contrary herein contained, this contract shall be sooner terminated at any time that the City fails to enact and to maintain in full force and effect, including the amount of fees provided, an ordinance identical with the provision of Division 1, Title 10 of the Los Angeles County Code. =5= This contract shall also be sooner terminated if the City does not enact amendments to said ordinance adopted by the Board of Supervisors within 120 days after requested to do so by the County. The Director of Animal Care and Control, acting on behalf of the County, may use discretion and need not request the City to adopt amendments which do not apply to the City. 9. For and in consideration of animal control services by the County, City agrees that it shall pay the full cost to County for providing such services at rates determined by the County of Los Angeles Auditor - Controller. City further agrees that County may keep and retain any and all license fees provided for by County pursuant hereto as an offset against City's obligation to pay the full cost of animal control services. The County agrees, through the Department of Animal Care and Control, to provide, on or before April 15 or each year, an estimate of the total costs for all animal shelter services to be provided to the City for the fiscal year then in progress. It is agreed that, in connection therewith, the County shall have the powers of the City and shall receive all cooperation possible therefrom to enable efficient enforcement of such ordinance and to effectuate collections called for thereunder. It is further agreed that, on or before July 15, the County shall provide either (1) an invoice for the amount of any deficit in the prior fiscal year's total revenue as compared to total animal control service costs; or (2) a notice of refund due to the City of any revenue collected which exceeds the total animal control service costs. was 10. This contract shall become effective on the date hereinabove first mentioned and shall run for the period ending June. 30, 2012, and at the option of the City Council of the City, with the consent of the Director of Animal Care and Control, shall be renewable thereafter for an additional period not to exceed five (5) years. In the event the City desires to renew this agreement for said five-year period, the City Council shall not later than the 10th AM' 261-41,n� tify the Director of Animal Care and Control that it wishes to renew the same, whereupon the Director of Animal Care and Control shall notify the City Council in writing of the Department's willingness to accept such renewal. Otherwise, such agreement shall finally terminate at the end of the aforedescribed period. Notwithstanding the provisions of this paragraph hereinabove set forth, the ,County may terminate, this agreement at any time by giving " (30) days prior written notice to the City. The City may terminate this agreement as of the first day of July ',,,',.',_ any year upon thirty (30) days prior written notice to the County, 11. City agrees that whenever animals from within the boundaries of the City are delivered to animal shelters operated by County, the City shall pay for the services and shelter of said animals at the following rates: -7= Services Impounding of a relinquished dog or cat Impounding of a stray dog or cat. Holding a dog or cat wearing a license (City shall pay for the foregoing shelter and treatment costs for a period not to exceed seven days.) Holding a dog or cat for observation Holding a sick or injured dog or cat. Holding dogs, cats, poultry, livestock that are ordered impounded by a court, i.e. fighting dogs, guard dogs, etc. For each dead animal brought into the shelter for disposal For each dead livestock, i.e., horse, cow, etc., brought into the shelter for disposal. Rates $10.47 per day, plus all veterinarian costs for treating these animals while at the County shelter. $16.30 per day, plus all veterinarian costs for treating these animals while at the County shelter $5.92 per animal $250.00 per animal ROOM City shall pay for the shelter and treatment of all live animals, reptiles and fowl from within the boundaries of the City and are delivered to animal shelters operated by the County and the cost of such shelter and treatment of such animal shall be as determined by the County Auditor-Controller;'° 12. The foregoing rates shall be adjusted by the County Auditor - Controller annually, effective July 1st of each _yeas, commencing Ji_,iy 1, 2407 „to reflect the cost of such service in accordance with such rates as determined by the Auditor- Controller and as approved by the Board of Supervisors of the County. All services rendered hereunder are subject to the limitation of the provisions of Section 23008 of the Government Code and, in accordance therewith, before any services are rendered pursuant hereto, an amount equal to the cost, or an amount ten (10) percent in excess of the estimated cost, shall be reserved by the City from its funds to ensure payment to the County for work, services or materials provided hereunder. 13. For shelter services rendered, the County shall submit an itemized invoice to said City within 10 days after the close of each calendar month which includes all such shelter services performed during the preceding month, and said City shall pay County therefore within thirty (30) days after the date of the invoice. ME If such payments provided above and in Section 9 of this contract are not delivered to the County office which is described on said invoices within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon: Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed: However, the interact herein provided may be :AIMN;ed whenever the Director of Animal Care and Control finds late payment excusable by reason of extenuating circumstances. 14. Notwithstanding the provisions of Government Code Section 907, if such payments are not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, including the interest thereon from any funds of the City on deposit with the County without giving further notice to City of County's intention to do so. 15. The City will review all invoices and report in writing of any discrepancies to the Director of Animal Care and Control within ten (10) business days. The County shall review the disputed charges and send a written explanation detailing the basis for the charges within ten (10) business days of the receipt of the City's written report. If the City does not receive from the County a written explanation within the ten (10) business day period, it shall be implied that the County is not disputing the charges. =10= 16. The County agrees to keep separate records for each City in such form and manner as the County Auditor - Controller of the County of Los Angeles shall specify. Such records shall be open for examination by said City during all business hours. 17. The County agrees that redemption fees which it collects on animals delivered to its animal shelter shall be credited to the City every thirty (30) days. 18. The County agrees to provide to the City additional animal control services on an as- needed basis if requested by written notice 24 hours in advance. If such animal control services are requested during an emergency, the written notice may be waived and said services requested verbally by a duly authorized representative of the City, provided a written request is given the County within 48 hours after the services are rendered. Such animal control services will be provided by the County to the City at rates determined by the Auditor - Controller. 19. The County agrees to maintain its kennel and animal shelter in a humane manner and keep said premises in a sanitary condition at all times and that all services furnished by it hereunder shall be in accordance with the laws of the State of California and that it will give the prescribed notices and use humane methods of care and destruction of any animal coming under its jurisdiction. MM IN WITNESS WHEREOF, the City of Baldwin Park, by order of its City Council, causes this agreement to be signed by its mayor and attested by its clerk and the County of Los Angeles, by order of its Board of Supervisors, has caused this agreement to be subscribed by the Director of Animal Care and Control. C11 By Ma COUNTY OF LOS ANGELES By lit Diy6ctVr, Department of Animal Care& Control ATTfST: Aity "Clerk Mjygh Marcia Mayeda Director Administrative Office 5898 Cherry Ave. Long Beach, CA 90805 (562) 728 -4882 Fax(562)422 -3408 http://animalcontrol.lacounty.info of i r :f k 9oi""4 'S IIF Shelter locations 11258 S. Garfield Ave. Downey, CA 90242 (562) 940 -6898 216 W. Victoria St. Gardena, CA 90248 (310) 523 -9566 4275 No. Elton Baldwin Park, CA 91706 (626) 962 -3577 5210 W. Avenue I Lancaster, CA 93536 (661) 940 -4191 31044 N. Charlie Cyn. Rd. Castaic, CA 91384 (661) 257 -3191 29525 Agoura Rd. Agoura, CA 91301 (818) 991 -0071 June 25, 2007 Ms. Susan Rubio City Clerk City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 ■ w 1l _ • it RECEIVED JUN 2 8 20:0? r® CO NTY OF CITY OF EALD'IN N SARK LOS ANGELES CITY CLERK'S DEPART' IEN'r ANIMAL CARE AND CONTROL Thank you for returning the approved Animal Control Services agreement. Attached you will find one fully executed original contract, approved by Director Marcia Mayeda. If you have any questions, feel free to call me at 562.256.2400. Sincerely, Mt Janet Turn Yarbrough Chief, Administration and Contract Services Department of Animal Care and Control JTY:jm Attachment To Enrich Lives Through Effective and Caring Service ui CO LU ui til LL LU Cl) z ui z C) C5 CY) p C) C) m 0- m im 0 cn r- CY) 0 w ®'R (7) c-) c) C) L(JI) a) 04 (0 6 6 0 6% 0 C) 0 0- (D o b m U(L) Lri 6 - - a) or) C) (n m E T.- 0) 0) 0 0) U) U) 0 0 O)o a) cu ƒ:2 (D 0 0 2¥[ zo U3 (D 'n 0) 0) 21 a) -r- 0 cc 812 =(D CD a' —a) C/) }�\ /}\ L \�\ 0 ( {_0§ (\ ƒ\ E ca 21 m Cc: '5; L) 2 0 E a) 10 a) E -om (n cn 000 L6 C; k�A r- 04 C: \� /� L(i cli C� (0 (D ®'R (7) c-) c) C) L(JI) a) 04 (0 6 6 0 6% 0 C) 0 0- (D o b m U(L) Lri 6 - - a) or) C) (n m E T.- 0) 0) 0 0) U) U) 0 0 O)o a) cu ƒ:2 (D 0 0 2¥[ zo U3 (D 'n 0) 0) 21 a) -r- 0 cc 812 =(D CD a' —a) C/) }�\ /}\ L \�\ 0 ( {_0§ (\ ƒ\ E ca 21 m Cc: '5; L) 2 0 E a) 10 a) E -om (n cn TO: Honorable Mayor and Members of the City Council DATE: October 5, 2011 SUBJECT: RESOLUTION 2011 -031 SETTING COMMERCIAL REFUSE RATES EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012 PURPOSE The purpose of this report is to provide information, background, and details so that the City Council may approve a resolution which sets the new commercial / industrial refuse related rates. BACKGROUND The City of Baldwin Park has an exclusive Franchise Agreement with Waste Management for solid waste services which include the collection of all refuse and solid waste generated within the City of Baldwin Park. The last contract amendment was approved by the City Council on November 18, 2009. This last amendment is considered an economic success for the Baldwin Park community because it included cost containment plans which held off increases over multiple years for all refuse customers while simultaneously helping to increase City General Fund revenues. The amendment included a three year extension to the franchise agreement from June 30, 2010 until June 30, 2013 as the vehicle to benefit Baldwin Park. Further contract amendment details are later discussed in this report. DISCUSSION Contract Amendment No. 5 approved November 18, 2009 The approval of Contract Amendment No. 5 held off increases to refuse rates impacting our residential and commercial customers in FY 2009 -2010. Without this amendment, significant increases would have been experienced similar to increases by our neighbors in surrounding communities in southern California and in the San Gabriel Valley. Resolution 2011-031, Rates for Residential & Commercial Refuse Services Page 2 of 4 October 5, 2011 Prior to Contract Amendment No. 5, per the terms of the contract, Waste Management was entitled to increase refuse rates per the CPI and also for extraordinary increases in fuel and landfill disposal / tipping fees. Feel C'n-qhz Most noteworthy is that fuel (Natural Gas) costs, which constitute about one fourth of the total operations cost, did increase by nearly 18%. This increase would have qualified for consideration as an extraordinary cost increase and would have resulted in about a 4.5% rate increase over the two year period during FY 2009-2010 and FY 2010-2011, and this increase has been eliminated. Landfill Costs Pffcarfix/o Mani inn/ 1 . 2010- l2nd4fi I I r;ncfc of fh in Pi in nfn I-4i I I c I nnrifi I I Fad I ity inn rf:�,qseri by 1040�1 4�440-14 - -.1 about 13%. Landfill costs comprise about 20% of the total cost of solid waste operations. This cost was also eliminated, which averted a refuse rate increase of about 2.6% in FY 2010-2011. Total of Eliminated Cost Increase The total increase that residential and commercial customers would have experienced in FY 2010-2011 is 8.5%, 1.4% from CPI and 7.1 % from fuel and landfill. However, City staff negotiated amendment No. 5 whereby Waste Management received a 3 year extension in exchange for eliminating this increase, freezing residential increase an additional two years, freezing commercial increases for one additional year, and capping the magnitude of any increase regardless of the CPI or other costs. Terms of the Three Year Extension Residential Rates: As part of the contract extension, residential refuse rate increases were eliminated for FY 2009-2010 and for an additional two years (FY 2010-2011 and FY 2011-2012). Residential rates will increase in FY 2012-2013, but the increase is limited to a CPI adjustment, but in no case greater than 4%. Commercial Rates: As part of the contract extension, commercial refuse rate increases were eliminated for FY 2009-2010 and for FY 2010-2011. Commercial refuse rates will increase in FY 2011-2012, but the increase is limited to a CPI adjustment, but in no case greater than 5%. Resolution 2011 -031, Rates for Residential & Commercial Refuse Services Page 3 of 4 October 5, 2011 City Revenues: In exchange for a three year contract extension, the City not only eliminated refuse rate increases as above described, but also attained an increase in General Fund revenues from franchise fees which were increased beginning in FY 2010 -2011 to 14% on the residential side and 17% on the commercial side (both from 10 %). This resulted in an estimated revenue increase to the General Fund of $390,000 for FY 2010 -2011. Now in FY 2011 -2012, General Fund revenue will increase to 15% and 18% on the residential and commercial lines of business respectively. This will result in additional revenue of approximately $75,000 to the General Fund. The following summarizes the terms of the three year franchise agreement extension (the franchise agreement now expires June 30, 2013). ❑ All refuse rates are held fixed the last year of the pre - existing agreement (FY 2009 - 2010). ❑ Residential refuse rates are not increasing in FY 2011 -2012, and next year's increase is the lesser of CPI or 4 %. Staff will review and recommend the actual increase. ❑ Commercial refuse rates will increase July 1, 2011, but the increase is limited to the lesser of CPI or 5 %. Staff has reviewed Waste Management's request and the CPI, and staff recommends approval of the 1.2% increase. ❑ Beginning FY 2010 -2011, Waste Management shall pay the City of Baldwin Park a franchise fee of 14% on the residential side and 17% on the commercial line of business. ❑ Beginning FY 2011 -2012, Waste Management shall pay the City of Baldwin Park a franchise fee of 15% on the residential side and 18% on the commercial line of business. Adjusted Refuse Rates The three year contract extension does carry the requirement of increased rates as above described. The City has already received the benefits from eliminated increases and frozen rates that Waste Management was otherwise entitled to, but with the negotiated extension, the City also already received increases in franchise revenue. Therefore the city is legally bound to honor the increase. Staff's role currently is to verify and acknowledge the amount of the increase. Staff is satisfied that the increase is within the amount our solid waste contractor is entitles to. A copy of the staff report outlining the terms of the three year extension is shown in Attachment 1. The request and increase that Waste Management should receive is shown in Attachment 2. The recommended Resolution, including before - and -after comparisons of refuse rates is shown in Attachment 3. Resolution 2011-031, Rates for Residential & Commercial Refuse Services Page 4 of 4 October 5, 2011 FISCAL IMPACT The General Fund revenue will increase by about $4,000 in FY 2011-2012 based on the effective CPI increase effective July 1, 2011. It is recommended that the City Council waive further reading, read by title only, and adopt Resolution 2011-031 "Adoption of Resolution Setting Rates for Residential and Commercial Refuse Related Services" as shown in Attachment 3. ATTACHMENTS 1. Staff Report - 3 Year Contract Extension 2. Waste Mt:innnamont (_PI Padillstment Q. D I,,+;__ No. 2011 -03 1, including rate comparisons Ij I Zes )I III U1 Attachment "1" hr•I "FIg►Tr:�a Zu:3& I$1��r_�� 7 1cz.7 CITY COUNCIL /�GENDA NOV Y 8 ITEM NO, BALDWIN CITY OF BA[DWINPARK STAFF REPORT TO: Honorable Mayor and Members of the City Coun i| FROM: Vijay SinQhaL Chief Executive Office DATE: November 18, 2009 .qURJFr.T- AUTHOR17AT!C]N TO EXTPN[)THE COMTPAr-T;=DR{-{}LLE{-T(nN OF SOLID WASTES WI'r1H`/-%S"rFE MANAGEMENT NAL"Urew; The purpose of this report is to request City Council authorization to extend the contract for Collection of Solid Wastes which includes solid waste, refuse, and recycling morv|oea with Waste Management for o three year period. BACKGROUND The City Of Baldwin Park has an eXC|UsiV9 Franchise AoneeDl8Ut with Waste [Wa08g8D1eDt of the Pomona / San GGh[|e| Valley for services Deeded to collect and d|SpnG8 of all refuse and solid waste generated within the City of Baldwin Park, The current contract expires on June 3O.2010� The original Franchise Agreement was approved on 1890. The swn/ioea under that agreement have evolved over Unoa. Although the focal point ofthe agreement remains solid waste collection, new |evvs such AB 939 which mandate solid waste diversion from laOdfi||S, and environmental regulations such as National Pollutant Discharge Elimination GyStarn (NPDEG). now play a key role in solid waste services. In order to provide services that are responsive to today's challenges and to provide better value for the residents, on August 18, 2008 City staff requested and the City Council authorized intent to issue an RFP for Waste een/|Ce8. VVGSle K4aDaOenneOt has proposed options for a contract extension. Staff informed Waste Management the City COUDCi|'n intent of the RFP was to explore if the City is receiving the best value under the CU[Renƒ ooDt[8CL It is staff's view that any discussions for Qn extension must include following elements: Consideration ofa Solid Waste Contract Extension to Waste Management Page 2of5 November 18.2OO9 1. Rate stabilization for residents 2. Increase in Franchise fees to offset the costs of managing the impacts created by refuse and recycling collection services oD city streets 3. Improved bulky item pickup program DISCUSSION Over the past few months VVaata k48nu0ennent has dkSCU8Sed neNe[G| proposals with otaff. and staff has finalized the following naCornnoeDUatioD for Council consideration and approval: Contract extension for a 3-year period from July 1, 2010 to June 30, 2013, 2. No rate increase for residential customers for first two years. In the third year beginning on July 1.2012. Waste Management shall receive an incnaeaa based on (|P| hut Gh@|| not exceed 406', iNlo oddition3| ino:a—aaes for ex±naordinory costs; Such as Landfill tipping feeS, fuel coot increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CP| increase for Lon Angeles Riverside County during the Calendar Year 2011. This would provide a four year rate freeze for residential customers. 3. No D3be increase for Commercial and Industrial customers for the first year. In the second and third ye@[S. beginning July 1. 2011 and July 1, 2012' Waste Management shall receive an increase based VD CP| but shall not exceed 5%. No additional increases for extraordinary costs such as Landfill Upping fmoo, fuel cont increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CPI increase for Los /\DQe|eo Riverside County during the previous respective calendar year, 2010 or 2011. This would provide a three year rate freeze for commercial customers. 4. To offset the costa incurred by the City in dealing with the impacts created by Vv8ote and recycling collection somiC8S` VV8St8 K4@DaQgD1ent has agreed to increase the Franchise fees from the current 1O96osfollows: @. Beginning July 1, 2010 F[mUoh|S8 fees on residential revenue shall be 14% of cash receipts and Franchise fees on cO[Urnencia| and industrial including roll-offs shall be 17% of cash receipts. b. Beginning July 1, 2011 Franchise fees On residential rBVeOUo shall be 15% Of cash V50eiota and Franchise fees VD ConOnnBroia| and industrial including roll-offs shall be 18% of cash receipts. 5. VVoote K4oDaQenleDt ah@U work with staff to secure grants for innp/8nleDdng recycling and waste reduction programs. 6. Waste Management shall work with staff In improving the bulky item pickup Consideration of Solid Waste Contract Extension to Waste Management Page 3 of5 November 18.2O00 pnogrmnn Currently VVashu Management b30s bulky p|e*ad on the nurb by residents on Friday and picks them Vp the following Monday, As a xanUlt, items stay on the sidewalk the entire weekend. Under the new proQn3rn VVmote Management will pick up the bulky items on Friday. Waste Management shall also implement a program to pick up bulky items from public properties promptly upon city's request. The Contract extension provides following benefits to the City: Waste Management has been providing waste collection and recycling services in the community for a very long time. Waste Management has been ogond partner and has always been willing to offer new and improved services when requested by the City Waste Management has been very proactive in |nnp|en1entiDQ programs to comply with State and environmental nnandmteS, and is committed to education and aVvmren8SS programs in the oorn[nun|ty, Extension will allow City and Waste Management to oonUnuetheae services vvith0ufinterruption. The current contract provides for aViom@tiC [ate iD0Fe8aaa based on CPI increases and additional increases for extraordinary costs based on increases in items such as disposal fees and fuel costs. For the past two years City has not granted any rate increases to VVoote Management even though the CPI has increased and land fill tipping fees have increased significantly i29Y6 increase between January 2007 to January 2009 and an additional increase of 13% on January 1, 2010\. Further significant increases in |aOdfUl tipping fees are expected in 2011 and 2012 because the Puente Hills |@ndOU is scheduled to o|ono. This extension not only provides rate freezes but also eliminates the extraordinary increases such as anticipated increase in landfill tipping fees. Waste K4oD@g8rOHDt currently has their facility in B8NVViD Park and employs 39 Baldwin Park residents. Contract extension will ensure job continuity for these and other VV@Ste Management employees. Waste k88P@ge[nent is a Green Company atcurrently 5096 of its fleet runs On LNG. Waste Management is anticipated to increase this to 8096 by the end of the three year extension. This could help the City in compliance with State mandates pursuant to /\B 32 and 375. The new contract extension will also generate approximately $1.4 nliUkzO additional revenue for the City over the next three years. Staff believes that the proposed contract extension creates very good value for the community and the City. The city will continue to receive the quality service, stable rate structure aL lower cost. The original cmntractvv8S for a seven year period and has been amended four times to incorporate program changes. However, this is the first time that the contract extension Consideration cfu Solid Waste Contract Extension io Waste Management Page 4nf5 November iO.2O09 ino|udeo rate freezes and increase in Franchise fees, FISCAL IMPACT The contract extension will have a positive fiscal impact of $1.4 million over the three year period. RECOMMENDATION It is recommended that the City Council authorize the extension of the existing contract for the Collection of G0||d Wastes which includes cO||eotion, disposa|, and recycling services under the following terms: 1 Contract extension for 3 year period from July 1. 2010 to June 30, 2013, 2� �o rot� inon��s� fo[ nm�id��U�! ��tn�R8r� f�r �� wx� ye�no� |n th� third year beginning on July 1, 2012. Waste Management shall n3oo|ve on increase based on CPI but nho|| not exceed 496. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases wr any other items as provided in the current contract shall begranted. The CPI increase shall be based OO the average {|P| iDCPa8Ge for Loo Angeles Riverside County during the Calendar Year 2011. 3 NO rate increase for (|o[n[DerCia| and Industrial ouatOrOero for the first year. In the second and third years beginning July 1. 2011 and July 1, VVooto Management shall receive an increase based on CP| but shall not exceed 5%. No additional increases for extraordinary costs such an Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CP1 increase shall be based on the average CP| increase for Los Angeles Riverside County during the Calendar Year 2O11. 4. To offset the costs incurred by the city in dealing with the i[npGCtS created by vvootB and recycling collection services Waste Management has agreed to increase the Franchise fees from the current 1OY68nfollows: i. Beginning July 1,ZO1D Franchise fees 0D residential revenue shall be14%mf nmoh receipts and Franchise fees on co[nrOeroim| and industrial n8VenVeS including roll-offs nhe|| be 17% of cash receipts. ii. Beginning July 1.2O11 Franchise fees onnesideDfia| revenue shall b81B%oƒ cash receipts and Franchise fa8S on unrn[n8[Ci8| and industrial revenues including roll-offs shall b8 1896 of cash receipts 5) YVa8fe Management shall work with staff (u a8ou[e grants for irnp)eDn8ntiD8 recycling and waste reduction programs. Consideration of a Solid Waste Contract Extension to Waste Management Page 5 of 5 November 18, 2009 6) Waste Management shall work with staff in improving the bulky item pickup program. Currently Waste Management tags bulky placed on the curb by residents on Friday and picks them on Monday. As a result items stay on the sidewalk the entire weekend. Under the new program Waste Management will pick up the bulky items on Friday, Waste Management shall also implement a program to pick up bulky items from public properties promptly upon city's request. Staff is working on the contract amendment, which will be provided to the Council prior to the meeting. ATTACHMENTS Letter Dated 11/12/2009 from Waste Management November '12, 2009 VijuySinUha| Chief Executive Officer City ofBaldwin Park 144O3 East Pacific Avenue Baldwin Park, C/\Q17O8 Re: Proposal ho Extend the Waste Management Exclusive Franchise Agreement Dear Mr. SinAha|: Waste Management is pleased bnbea part of the Baldwin Park community, and ks proud ofour suooeasfu|hiotoryauunecyclinci And solid waste coUoo1iunprovder VVehavep/uvdedqua|ity nerv|oehotheoity^sresidontandbuainassoa.ondknovvtheoommun|tyDraihund. Vvahavaa facility located within the City with more than 170 employees; 3Qofthese employees actually live in the City and contribute to the local economy. Waste Management respectfully requests that the City of Baldwin Park grant athree-year extension to the franchise agreement based on three key elements that will provide rate stability to the r*oidento, an innnaoue in revenue tothe city through additional franchise #*eo, and a commitment Lo redesign the Code 50 Bulky Item Program. In addition, Baldwin Park will continue to benefit from our team ofdedicated professionals. From our front-line drivers to our top-line exenutivea. Waste Management offers Baldwin Park unparalleled resources already deeply familiar with the service requirements of every customer, |tinWaste Management's extensive and ongoing safety and customer service training programs that make the difference in our drivers' ability to provide the superior service that you have come to expect. Waste Management's "Mission toZero" safety program is unique in the industry, and has produced a dramatic reduction of safety incidents nationwide without compromising performance. Diversion Rate. Through the partnership between the City cfBaldwin Park and Waste Management, we were able to successfully remove the City from the California Integrated Waste Management Board's compliance order. This was partially made possible through Waste Management's significant investment, from both a financial and resource perspective, Waste Management staff members conducted more than 200 surveys of Baldwin Park businesses to identify critical tonnage, resulting in the City meeting and exceeding the 50% compliance diversion requirements underA8&3Q. Through this effort and numerous programs, Baldwin Park's diversion rate increased approximately 20%. Programs included O & D program, free multi-family recycling, free green waste program, street sweeping recycling program, Sharps andLampTrackar. Public Education, Waste Management is committed to continuing io provide high-quoUty. extensive education prngnsnne. school outreach, recycling incentive programs, and value-add prograrns to increase diversion, Waste Management understands that constant education to the City of Baldwin Park 11/12/2009 Community is important to increase environmental awareness and stewardship. Therefore, we propose at a minimum the following components to an Annual Public Education Plan: • Annual newsletter distributed to residents —fonnat and content to be approved by the City • Continue bi-annual flyer/rotification to all commRrcial and industrial customers promoting recycling • Working with the Los Angeles County Fairplex to develop a "Baldwin Park Day at the Fair" to include a "Community Hero" program, "Kids Day at the Fair" and support of the "Big Yellow BUS program" • Enhancing the Humanities Club otBaldwin Park High School in developing and implementing a student "Sustainable Living" program Union Shop, Waste Management is part of Teamsters 4Q5 that represents thousands uf employees in Southern California, 39 of the union workers live and work in Bo|dwin Pork. The union provides fair wages and their organization is committed to superior customer service and edoptsth�aaameatringantaefotvruleea-- yVaatoKAanP.gennent Above and Beyond Partnering, As City goals continue to evolve and State regulations become more stringent, Waste Management dedicates additional nenou/oae above and beyond general contract requirements. Today. VVosto Management has the largest fleet of alternative fuel vehicles in California. 5896 of the fleet serving the City of Baldwin Park is fueled with ultra low Sulfur diesel fuel and 50% of the fleet is fueled with Liquefied Natural Boo (LNG). Each year Waste Management's Baldwin Park District nap|ooao approximately 1096 of its truck fleet with LNG trucks. At the end of this requested extension, approximately 80% VVosta Management's fleet will be LNG fueled. Waste Management will continue to assist the City with handling and managing its special waste streams and requirements through oonvoninnt, easy-to-use collection programs at no additional charge to the City or residents. Value-added services currently provided in Waste Management's City ofBaldwin Park service package include: ° Sharps, Mail back program for all residents ° BatteryTnsoheroVUeution and mail back program for Public Works Department " LampTnackor disposal solutions for Public Works Department ° Residential curbside E-VVouhecollection " School outreach = Consultative Services: Waste Management provides grant writing and administration and legislative expertise " Comprehensive multi-family recycling outreach plan including all materials and In- house baskets " Public Education and Outreach: Including new electronic options (such aselectronic welcome packets, e-mail notifications, and weboiteupdates) • Superior safety record • Reduction in staff time related to administration of agreement and transition to different service provider • Recycling incentive program options • Disposal component guarantee (potentially multi-million dollar savings) " Company-owned and operated processing and disposal sites City of Baldwin Park 11/12/2009 2 * Waste Watch Program " Community in-kind and cash donations * Dedicated Waste Management Public Sector Services Manager Select program descriptions: LampTracker Program. City facilities safely dispose of fluorescent tubes and CFIL's using VVonte Management's LampTracker program. Waste Management provides easy-to-use fluorescent tube, CFIL, and battery recycling options. The program is designed and engineered to provide a systematic, total-care approach to storage, handling, transport and recycling of fluorescent |ompo, batteries and ballasts. It provides a convenient, mail-back solution to meet the Universal Rule in the State of California. Mail Back Sharips Program. Waste Management provides an easy to use, no cost, vonvanient solution 'to moct the Sharp's needs. Bo|dwin Park residents. Todey,moredh--inQ million Americans legally self-inject each year to treat numerous medical conditions and more than 3 billion needles and syringes used by self-injectors end up in trash or recycling uonbainensu/areGush�ddom/nhoi|e�a.�oaingaerimuarioko�in]:r;xndinfe��onto community workers, janitors, waste workers, and children, Many of these self-injectors are unaware of safe disposal methods available to them. Additionally, in April 2000. Governor Schwarzenegger signed Assembly Bill 1305 that would revise a section of the state's Medical Waste K4angAement Act to make it a violation of state law for home-generated sharps waste to be placed in solid waste, recycling or green waste containers. Effective September 1, 2008, AB 1305 also requires that all home-generated sharps waste must be transported in approved sharps containers and managed by a hazardous waste facility, medical waste generator facility, or a facility managed as part of a mail back program. Waste Management's program provides the necessary education, convenient disposal method and built-in AB1305 compliance tothe residents ofBaldwin Park. Curbside E~wamtoCollection. California state mandates demand that e*mstobecollected and processed separately from other waste, Waste Management collects e+weate as part of the City of Baldwin Perk bulky item collection pnognam, at no additional charge to the City or residents. This curbside e-waste collection program has proven to be very convenient to the customer and City, and fully complies with the state mandate. Consultative Services. Waste Management isin the process uf assisting the City with writing a grant proposal to acquire funds that if awarded will enable the City to develop and implement programs to prevent illegal dumping activities. We are also actively researching other grant funding opportunities for the City, e.g,, Energy Efficiency and Conservation Grant Block (EECGB) funding that could be used toward solar compactors or other efficiency solutions. C&D Waste Ordinance. Waste Management will assist indeveloping and enhancing the existing process related to the Construction and Demolition Ordinance in the City, Based on our experience, Waste Management can also assist in training City personnel and assisting in creating processes to ensure that the construction waste ordinance is enforced and is adhered to by contractors. Successful administration of this ordinance will increase the diversion rate by increasing the volume of construction waste "captured' for both processing and better documentation of diversion, Additionally, Baldwin Park realizes the benefits from -----�—� J City of Baldwin Park 11/12/2009 Waste Management's two C & D processing facilities that have certified diversion rates of over 75Y4 VVaaba Management transports and recycled rich C & D loads to our facility in Downtown Los Angeles to maximize diversion for the City, - Waste K8onuQnoent'm Proposal to the City of Baldwin Pork for an Extension to the Exclusive Franchise Services The City has a solid waste ordinance and several resolutions in place detailing [low these services are iobeprovided. VVe suggest using these documents 10 set the general terms and conditions for the franchise ograemont, consistent with the proposal terms set forth in this letter, Key Waste Management Proposal Elements 1. RabaStahi|izatknn — VVaste Management ka proposing a two-year rate freeze tobenefit the residential customers and a one-year rate freeze for the commercial customers in Baldwin Park. This will greatly benefit the community in today's difficult economic environment. Commercial and industrial customers will be subject to a rate increase in yearhmo.boyedon1O094o[<h�onnounne,pr|ne|ndex.butnottoexoaed596. The third year of the extension requests a rate increase for residential customers at 100%o[ the consumer price index, not to exceed 496. Rates for all commercial and industrial customers will increase based on 100Y6 consumer price index and not to exceed 5%, 2. InoremaodRevonuetoCby —Aspartofthiuoxtenoionproposo[\Naate Management will increase the franchise fee payment to the city as follows: Increase residential customer franchise fees to 14 percent in year-one, increase to 15 percent in year-two and three, Increase commercial/industrial customer franchise fees to17 percent in year-one and increase h18 percent in year-two and three. 3. Code 50 Bulky Item Enhancements —Waste Management is committed Aoimproving the community be VVe propose revising the Code 5O program bomore efficiently address the issue of illegal dumping and bulky Item collection. Waste Management will work closely with City Staff to collect illegally dumped items as they are reported and will collect all residential bulky items placed at the curb on Fridays. In summary, Waste Management has compiled a comprehensive and competitive proposal for your review, and looks forward to discussing itin further detail. VVe feel that the proposal ino win-win for all parties involved. Thank you for your consideration. \ .k 4 City of Baldwin Park 11/12/2009 Attachment "2" WASTE MANAGEMENT CPI ADJUSTMENT 1 7 W-1 I I WASTE MANAGFMENT 4. April 30, 2011 Mr. Vijay Singhal City Manager City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 RE: 201112012 Rate Increase Request Dear City Manager Singhal: WASTE M-AN.AGEMENT 70" Pursuant to our franchise agreement amendment 5, Section 2 and Section 3, Waste Management respectfully requests an adjustment of the rates for residential and commercial refuse and recycling. The rate increase formula allows for 100% of the average increase between the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles- Anaheim Riverside area for the previous 2010 and 2011 calendar years. Our calculations are based on average annual change between, 2010 (223.219), to 2011 (225.894) a difference of 2.675%. Therefore Waste Management requests a rate adjustment in the amount of 1.20% effective July 1, 2011. In our ongoing efforts to eliminate illegal dumping and beautification within the City Waste Management proposes implementing a bulky-item collection service within the multi-family sector. Based on costs involved to provide this beneficial service is $5.00 per door. This amount will provide weekly collection of bulky- items for all multi-family units. (WM cost analysis is attached) Waste Management continues to work towards providing real solutions for its customer and has introduced several new programs that include household hazardous waste disposal/recycling, storm water management and a reward program for recycling. Our new Think Green Rewards program allows residents to earn money saving discounts and coupons at local stores and restaurants just for simply filling up their home recycling container every week. It's our way of thanking our customers for their recycling business. The Think Green Rewards program V [. C D-link Gree?,."' 2hintk wcis�e encourages residents to recycle more and helps increase the visibility of the local business community. We look forward to meeting with you to discuss our new programs. Meanwhile should you have any questions or need additional information please contact me by e-mail at canderso@wm.com or cell phone number 626 831 0588. Sincerely, Carolyn Anderson Representative to City of Baldwin Park II . A Vaste Management S)an Gabriel/Pomona Valley Cc: c: William Galvez, City of Baldwin Park Doug Corcoran, Waste Management Michael Hammer, Waste Management Cheryl Lautman, Waste Management to CII to o-, -' .2 CD tl- CN N C) zT co (v = CD C) �-u x CM = = 0) CU x O C-- --g 5 n CL U) iL U) t-- CO N M CO Cl) Cl (1) M co I- Lr,.l (y) 0 rl- cQ I- m t- CO 03 CTi o — 1) '0 0'0 M 0 N N N (N N C14 > M "t r-- 0 Co '41" 'CZf N Cl) 0) r- 00 00 0') C) r - - , O — — — N N 0) N V- LO CN CIJ C\J (N N N N M tl- co m m 't 0 m "tt "Ct CO 0) LO (D m CO r- rl- 00 00 0) 0 - C\l - - o 0 co LO CO CN C\J N N N N CN OD -'T N LO co m 0) CO 00 . 0) CN 11�41 Cl) 00 Zt to cli 0.00 (D N 0 r-- 00 00 0) (D — W r- to CO C-4 C\l N (N " C\j CIA .,Z2- CD (3) 0) 0 "1*' 1- 0 00 C-i CO - 0 co 0 L" c" r- cc) So m p N Cj N CO 0 C6 CV CO m "I CO 01 r-- co 06 m (s "I' co m I- M "Q- LO cl N M M M r-- r n CO 0 1'- t 0 t- CO CO CO C) - (1) I-- CC) Oo 0) , N C) o) co CN N r- o-, co CX) C\4 to CO ,;I- c) Lo l- co N OD . . . . . . 0) LX') N Cl) > ,0 N QD 00 0) CD — L() r - . LO 'T — — — — CN N 0 co r4 C-4 N N C14 N " CO Cli 10 M LO LO Ln M Cn (D CN r- c:, "T " 0) 00 CO CO 0) 00 — r- 00 a) C) < -4- LO CIJ N CN C\l N O N LO N Lo 0 C) M Q1 Cll 0 CD CO M = 4 -, (D 0 D7 ct se r-- CSS n 00 CA CT CD et N CA (6 C6 —* 6 N N N C14 C") N CN " N N -,t co -,t LO 0 M CD M O co rl- V ham- Q0 co m m CN 't oi tg CD N N LL N N N N CN N it N N m O I�t 00 m C� N E co 0 co kn 6 0 = = = LO — < r-- fl- co co 0') CD U') m r- co CO m = Z) CO C) m C:) C-4 N c) o -,:r co N N CIJ C\l cli cli N C\l < cq M co 0 0 Z tn bz w 'D co m "t W co t- 00 0) 0, Z M w 0 C.% 0 Cl a C) 0 e- - wd z< = m >- N C14 N N N N N" N " C4 o-, -' .2 CD tl- CN N C) zT co (v = CD C) �-u x CM = = 0) CU x O C-- --g 5 n CL U) iL U) Vehicle $ 7,391.25 Rental 5vehicles Miles $ 560.00 5,600 mNno Fuel $ 857]4 2.2gaVhr@ $4.50/ga| Labor $ 6266.38 5dhvers Yard Labor $ 2,093.99 Disposal $ 3,897.00 20 TPVv9 $45Ann $ 31,065.95 Monthly Total Cost � 4.73 woothly Cost per Unit 8 0.27 Profit 5% Units RESOLUTION 2011 -031 RESOLUTION NO. 2011 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL REFUSE RELATED RATES WHEREAS, the collection and disposal of refuse is a matter requiring control and regulation by the City, in order to protect the public peace, health, safety and general welfare; and WHEREAS, in order to protect the public peace, health, safety and general welfare, the City has entered into a franchise agreement for the provision of refuse collection and disposal services with Waste Management of the Pomona /San Gabriel Valley dated January 1, 1990 ( "Agreement "); and WHEREAS, said Agreement provides for annual adjustments in the fees charged for refuse collection and disposal services; and WHEREAS, said Agreement has been amended, the last of which was approved on November 2009, and which provides for a cap on annual adjustments in the fees charged for refuse collection and disposal services; and WHEREAS, the City Council desires to set the respective fees charged for refuse collection as provide for in the contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Franchisee is hereby authorized to charge the following fees shown in Exhibit "A" for refuse collection and disposal effective July 1, 2011. Section 2. That the City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED, APPROVED, AND ADOPTED this 5t" day of October 2011. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) Resolution 2011-031 Page 2 1, Fabiola Salceda, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2011-031 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on October 5, 20111 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: FABIOLA SALCEDA nu7nl 1�xf =rx C E / LRK Lj I-_ F U I I 1- %-� 1 I I I %-� [_- r-% rx RESOLUTION NO. 2011 -031 RESIDENTIAL FEES COMMERCIAL BIN COLLECTION AND DISPOSAL MONTHLY FEES: Bin Size Cubic Yard MONTHLY RATES 35 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $17.65 64 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $21.05 96 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $24.20 6 1.5 every other week service Additional 35 Galion Waste Container $3.19 Additional 64 Gallon Waste Container $4.26 Additional 96 Gallon Waste Container $5.32 Additional 64 Gallon Green Waste Container No Charge Additional 64 Gallon Recycling Container No Charge Additional Services On- Premises $45.97 More Frequent On- Premises $62.46 $150.25 $203.76 Multi -Unit Complex w /curbside 35 Gallon Waste Multi -Unit Complex w /curbside 64 Gallon Waste $17.65 $21.05 Multi -Unit Complex w /curbside 96 Gallon Waste $24.20 3.0 $164.40 Additional Multi -Unit (per additional unit 35 Gallon Waste $13.03 Additional Multi -Unit (per additional unit 64 Gallon Waste $15.34 Additional Multi -Unit (per additional unit 96 Gallon Waste $17.65 Senior Rate 35 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $11.72 Senior Rate 64 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $14.08 Senior Rate 96 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $16.20 *New applications for Senior Rate accepted only at 35-gallon rate. 1 $182.53 1 $267.62 1 $328.25 Residential AB939 Fee-per refuse container, Standard rate customer $133 Residential AB939 Fee - per refuse container, Senior rate customers $0.48 * AB 939 fee is in addition to above listed rates and applies to all residential service customers. COMMERCIAL BIN COLLECTION AND DISPOSAL MONTHLY FEES: Bin Size Cubic Yard Frequency of Collection No. of collections per week 1 2 3 4 5 6 1.5 every other week service $91.46 $130.73 $165.52 $200.80 $284.85 $286.85 1.5 $141.91 $193.67 $245.21 $297.13 $422.01 $424.98 2.0 $150.25 $203.76 $255.71 $308.41 $361.15 $438.25 3.0 $164.40 $219.08 $273.83 $328.55 $383.24 $462.33 4.0 $175.87 $235.26 $291.99 $348.69 $405.35 $486.44 6.0 1 $182.53 1 $267.62 1 $328.25 $388.92 1 $448.80 $534.63 Commercial AB939 Fee - 3.0% of above listed fees charged for selected service level. • AB939 fee is in addition to above listed rates and applies to all commercial service customers. • No bin rental or installation fee on permanent commercial containers RESOLUTION NO. 2011 -031 MULTIFAMILY AND COMMERCIAL RECYCLING MONTHLY FEES: Bin Size Cubic Yard $390.45 Frequency of Collection (No. of collections per week) Scheduled residential bulky item collection beyond 6 per year $26.13 1 2 3 4 5 6 One 96 gal $20.77 $36.35 $52.35 - -- - -- - -- 1.5 $38.08 $67.50 $97.79 $127.22 $157.51 $186.93 2.0 $38.94 $73.56 $100.39 $130.68 $161.84 $192.98 3.0 $40.68 $75.30 $106.44 $139.33 $172.22 $204.24 4.0 $43.27 $77.89 $112.50 $147.12 $181.74 $216.36 5.0 1 $50.19 $88.28 $126.35 $165.30 $203.37 $241.45 Commercial AB939 Fee - 3.0% * AB939 fee is in addition to of above listed fees charged for selected service level. above listed rates and applies to all commercial service customers. *No bin rental or installation fee on permanent commercial containers. ROLL OFF AND INSTA -BIN SERVICES_ 12 Cu Yd (Rock or Dirt) ......................... $390.45 1) No container fee Scheduled residential bulky item collection beyond 6 per year $26.13 2) Minimum service - one load every 15 days 25 Cu Yd ..................... ........................$401.59 $26.13 3) One time $48.71 delivery fee per container Unscheduled residential bulky item collection - up to 3 c $78.39 4) Discount for long term, frequently serviced 30 -40 Cu Yd ......... ............................... $423.93 box, negotiated individual) Insta -Bin Temporary 3 CY bin services..... $113.85 1) Includes pick up and delivery $15.68 per occurrence 2 Extra collection @ $55.20 per extra dump Commercial AB939 Fee - 3.0% of above listed fees charged for selected service level. * AB939 fee is in addition to above listed rates and applies to all commercial service customers. NON - ROUTINE CHARGES Scheduled residential bulky item collection up to 3 cy No charge - up to 6 times per year Scheduled residential bulky item collection beyond 6 per year $26.13 per occurrence Scheduled commercial bulky item collection up to 3 c $26.13 per occurrence Unscheduled residential bulky item collection - up to 3 c $78.39 per occurrence Unscheduled commercial bulky item collection up to 3 c $78.39 per occurrence City administrative fee - impounded illegal receptacle $209.04 per receptacle Reactivate service after non-payment cutoff $15.68 per occurrence Cart delivery due to account restoration $15.68 per cart Lock Replacement $20.90 per occurrence Cart replacement due to loss or misuse $78.39 per cart Commercial roll out or push out service Valet Service $20.90 per month Phone payment service $2.09 per occurrence RATE COMPARISON RESIDENTIAL SERVICE COMMERCIAL SERVICES - OLD RATES Bin Size Cubic Yard Old Rate New Rate 35 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $17.65 $17.65 64 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $21.05 $21.05 96 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $24.20 $24.20 $163.55 $198.42 $281.47 Additional 35 Gallon Waste Container $3.19 $3.19 Additional 64 Gallon Waste Container $4.26 $4.26 Additional 96 Gallon Waste Container $5.32 $5.32 Additional 64 Gallon Green Waste Container No Charge No Charge Additional 64 Gallon Recycling Container No Charge No Charge Additional Services On- Premises $45.97 $45.97 More Frequent On- Premises $62.46 $62.46 $456.85 4.0 $173.79 fi'i uiti °Unit Complex VY %4lArb Jld6 35 Gallon AlastG $ 17.65 $ 1 ! .65 Multi -Unit Complex wicurbside 64 Galion Waste $21.05 $21.05 Mi dti I in;t Complex /. I irhqirie QG (-,n11nn W eta VM n^ $24.2L $384.30 $443.47 $528.29 Additional Multi -Unit (per additional unit 35 Gallon Waste $13.03 $13.03 Additional Multi -Unit (per additional unit 64 Gallon Waste $15.34 $15.34 Additional Multi -Unit (per additional unit 96 Gallon Waste $17.65 $17.65 Senior Rate 35 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $11.72 $11.72 Senior Rate 64 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $14.08 $14.08 Senior Rate 96 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $16.20 $16.20 Residential AB939 Fee - Standard rate customers $1.33 $1.33 Residential AB939 Fee - Senior rate customers $0.48 $0.48 COMMERCIAL SERVICES - OLD RATES Bin Size Cubic Yard Fre quency of Collection No. of collections per week 1 2 3 4 5 6 1.5 every other week service $90.38 $129.18 $163.55 $198.42 $281.47 $283.45 1.5 $140.22 $191.38 $242.31 $293.60 $417.00 $419.94 2.0 $148.47 $201.34 $252.67 $304.75 $356.86 $433.05 3.0 $162.45 $216.49 $270.58 $324.65 $378.70 $456.85 4.0 $173.79 $232.47 $288.52 $344.55 $400.54 $480.68 6.0 $180.37 $264.45 $324.36 $384.30 $443.47 $528.29 COMMERCIAL SERVICES - NEW RATES Bin Size Cubic Yard Fre quency of Collection No. of collections per week 1 2 3 4 5 6 1.5 every other week service $91.46 $130.73 $165.52 $200.80 $284.85 $286.85 1.5 $141.91 $193.67 $245.21 $297.13 $422.01 $424.98 2.0 $150.25 $203.76 $255.71 $308.41 $361.15 $438.25 3.0 $164.40 $219.08 $273.83 $328.55 $383.24 $462.33 4.0 $175.87 $235.26 $291.99 $348.69 $405.35 $486.44 6.0 $182.53 $267.62 $328.25 $388.92 $448.80 $534.63 MULTIFAMILY AND COMMERCIAL RECYCLING FEES - OLD RATES Bin Size Cubic Yard Frequency of Collection (No. of collections per week) 12 Cubic Yard (Rock, Concrete, Asphalt or Dirt) 1 2 3 4 5 6 One 96 gal $20.52 $35.92 $51.73 --- --- - -- 1.5 $37.62 $66.70 $96.63 $125.71 $155.64 $184.72 2.0 $38.48 $72.69 $99.20 $129.13 $159.92 $190.70 3.0 $40.20 $74.40 $105.18 $137.68 $170.17 $201.82 4.0 $42.76 $76.96 $111.17 $145.38 $179.58 $213.79 5.0 $49.60 $87.23 $124.86 $163.34 $200.96 $238.59 MULTIFAMILY AND COMMERCIAL RECYCLING FEES - NEW RATES Bin qi7P Cubic Yard Fre-,,-,--nc%l of Collection (No. of collections per week) 12 Cubic Yard (Rock, Concrete, Asphalt or Dirt) $385.82 25 Cubic Yard $396.83 30-40 Cubic Yard $418.90 Insta-Bin Temporary (7 day) 3 CY bin services One 96 gal $20.77 $36.35 $52.35 --- - -- 1.5 $38.08 $67.50 $97.79 $127.22 $157.51 $186.93 2.0 $38.94 $73.56 $100.39 $130.68 $161.84 $192.98 3.0 $40.68 $75.30 $106.44 $139.33 $172.22 $204.24 4.0 $43.27 $77.89 $112.50 $147.12 $181.74 $216.36 5.0 $50.19 $88.28 $126.35 $165.30 $203.37 $241.45 ROLL OFF AND INSTA-BIN SERVICES - OLD RATES ROLL OFF AND INSTA-BIN SERVICES - NEW RATES Old Rates 12 Cubic Yard (Rock, Concrete, Asphalt or Dirt) $385.82 25 Cubic Yard $396.83 30-40 Cubic Yard $418.90 Insta-Bin Temporary (7 day) 3 CY bin services $112.50 ROLL OFF AND INSTA-BIN SERVICES - NEW RATES New Rates 12 Cubic Yard (Rock, Concrete, Asphalt or Dirt) $390.45 25 Cubic Yard $401.59 30-40 Cubic Yard $423.93 Insta-Bin Temporary (7 day) 3 CY bin services $113.85 ITEM N0. M O The purpose of this report is to request City Council consideration of approving a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (MTA) which would allow the City of Baldwin Park to receive $132,908 in Proposition A Discretionary funds for participating in the National Transit Database (NTD) reporting. Since the inception of the City of Baldwin Park Transit Program in 1997, staff has been voluntarily reporting our transit and ridership information to MTA. Our reporting complies with the National Transit Database (NTD), and these statistics are analyzed and compared with those of participating cities and with other regions of the country. Information includes the annual costs, revenues, passengers, and service provided by our transit system. MIA's use of the data results in increased Federal dollars to the region based on the ridership of local transit systems, including Baldwin Park. Rather than have each city report data directly to the Federal Transit Administration (FTA), the MTA submits a consolidated NTD Report to the FTA on behalf of 40 plus cities. The data submitted by each of the local operators generates additional Federal Section 5307 capital funds to our Los Angeles County region. On June 24, 2010 MTA approved the FY 2008 -2009 transit fund allocations, which included funds to pay cities that voluntarily reported NTD data for the 2008 -2009 reporting period. (See Attached). MOU with MTA for receipt of Prop A Discretionary funds Page 2 of 2 October 5, 2011 DISCUSSION The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse the MTA. The Federal process for reviewing the data creates a two -year lag between when the data for the reporting period is submitted and when the funds are transmitted to agencies. Based on the City's NTD reporting for FY 2008 -09, Baldwin Park is eligible to receive $132,908 ($21,566 for Dial -a -Ride service & $111,342 for Fixed Route service). This amount is being paid to the City as Proposition "A" Discretionary funds and they must be utilized in accordance with Proposition A Transportation guidelines effective July 1, 2010 through June 30, 2012. Therefore, staff recommends that these funds be expended to offset transit operations costs. The City of Baldwin Park will receive $132,908 from the MTA as Proposition A Discretionary revenue. Fund 244 is setup to receive revenue for the City's transit services, and therefore these funds should be used to offset the operations of the City's transit services. Unused funds shall lapse. RECOMMENDATION It is recommended that the City Council approve the attached MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement. ATTACHMENTS MTA MOU Agreement (MOU.PAIBLDPK11) MOU.PAIBLDPKI I V-101 RIV, t MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE TRANSIT NATIONAL DATABASE • • REPORT YEAR 2009 This Memorandum of Understanding (MOU) is entered into as of June 23, 2011 by and between Los Angeles County Metropolitan Transportation Authority ( "LACMTA ") and the City of Baldwin Park (the "City "). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one -half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data; and WHEREAS, at its June 24, 2010 meeting, LACMTA approved the FY 2010 -11 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2008 -09; and WHEREAS, the City has been a participant in LACMTA's Consolidated National Transit Database (NTD) Reporters Random Sampling Program for Fiscal Year (FY) 2008 -09 and has voluntarily submitted NTD data to the LACMTA for FY 2008 -09 which successfully passed independent audit without findings; and WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2008 -09 Report Year (the "Project "); and WHEREAS, on May 20, 2011, the Federal Transit Administration (FTA) published in the Federal Register the FY 2010 -11 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM 1.0 This Memorandum of Understanding ( "MOU ") will be in effect from July 1, 2010, through June 30, 2012 at which time all unused funds shall lapse. Rev: 06.17.10 1 MOU 09 Agreement NTD Prop A MOU.PAIBLDPKI I ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal ®f the FY 2008 -09 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics; B. Prepared and submitted the FY 2008 -09 ANNUAL NTD REPORT of the City's fixed -route and /or demand response transit service to the LACM-1A on or before September 30, 2009; C. Allowed the LACMTA to assign an independent auditor to review the submitted FY 2008 -09 NTD statistics for conformity in all material respects with the accounting requirements of the FTA as set forth in its applicable Uniform System of Accounts. Al\11%., Iii . 1 1-11 IVI 1: 114 1 ki 1' Li 114 1JJ 111 %_I l i 3.0 LACMTA shall pay the City for collecting and reporting FY 2008 -09 NTD statistics. LACMTA shall pay the City for submitting the FY 2008 -09 ANNUAL NTD REPORT for the applicable transit services as follows: MOTOR BUS SERVICE For City's motor bus service, LACMTA shall pay an amount equal to the 271,401 revenue vehicle miles reported by the City multiplied by the FTA unit value of $.41717199 per revenue vehicle mile, plus the 570,599 passenger miles reported by the City squared, divided by the$1,061,770 operating cost reported by the City, multiplied by the FTA unit value of $.00949621 less the cost of the $4,790 in audits paid by LACMTA. See Attachment A for detail. DIAL -A -RIDE SERVICE For City's dial -a -ride service, LACMTA shall pay an amount equal to the 53,529 revenue vehicle miles reported by the City multiplied by the FTA unit value of $.41717199 per revenue vehicle mile, plus the 62,627 passenger miles reported by the City squared, divided by the $228,703 operating cost reported by the City, multiplied by the FTA unit value of $.00949621 less the cost of the $928 in audits paid by LACMTA. See Attachment A for detail. 3.1 The City shall submit one invoice to LACMTA prior to December 31, 2012, in the amount of $132,908 in order to receive its payment described above. Rev: 06.17.10 2 MOU 09 Agreement NTD Prop A MOU.PAIBLDPKI I 3.2 INVOICE BY CITY: Send invoice with sunnorting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051 -0296 accountspayable@metro.net Re: LACMTA MOU# MOU.PAIBLDPKII M.S. Pari Ahmadi (99 -24 -4) ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for re- orting MTD statistics 41 'T'L, - f i}y iKV a��s +A as and agr.. � that AI-.a 'rA.!-...!! L 1, !-;14 . .- �...��..., - I :., sue. d I, x al slave no Zia llly I11 LW111CLAIVn with the City's use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA's annual Consolidated Audit. ARTICLE 5. REMEDIES 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. Rev: 06.17.10 3 MOU 09 Agreement NTD Prop A MOU.PAIBLDPKI I 6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Pari Ahmadi (99-24-4) 7.1 City's Address: Raltiwlv9 Park 14403 E. Pacific Ave. Balrhxin Park,CA Q1 70C-. A' t ttn: David Lopez dlopez@baldwinpark.com Rev: 06.17.10 4 MOU 09 Agreement NTD Prop A IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: CITY: City of Baldwin Park Mayor Date: APPROVED AS TO FORM: 1.2 Legal Counsel Date: Los Angeles County Metropolitan Transportation Authority Bv: Arthur T. Leahy Chief Executive officer Date: APPROVED AS TO FORM: Andrea Sheridan Ordin County Counsel % 6e t y�d B � Date: Rev: 06.17.10 5 MOU 09 Agreement NTD Prop A M 1- 9- Iq n "I ;Z 2 '. CR --g 2- --, g-- § 4V-, _- c? - -V �! z- -_ 'R -------S----- ----- 4 ad �6't �4 c4 'i 4 1; cli I; V N mN 416 - - - - - - - - - - _n - - - - - - I - I - 61 1 i2 1 2 ' 8 �2 �� q 3 A 21_1 N RR 'q k -U-�R - - - - - - - W - <GJ - - V cli G Ohm NMmSm I m 11� I Ilk — n :I lyk n 1� 11� �D C� cli 111 mm tz 9 G T NN um] - - - - - - - - - - -- - - - - - - pi ol o m . . . . o' ct o Nm 'i c'! '=L Imq I- Si I- Rt 4- 1-% _n at NN - G_ n- al OAO R 8- 8 uirm Spm �28N . . . . . . . . . r IR c1L -L 1� -ct ct Iq MAO !2 1 1. CR �N 2 c! 0 . . . . . I I - - I - - - - - 7 N r -1 S- O 2 - - o ... ... Gig 4S;;S..N1 slogs, H'09�11'2 m 65 16 16 15 CO 1'; c5 .6 Id .6 'i 4 ON 16 4 �4 06 Ili ;F 16 .6 4 -:16 r ornrnm Q @ W:� z M;:5wwP'000b0 wz=Qu=aQ 0<0��W< o¢ — T T — — — — — — — cL m M. E E E E E m m E m m cL m m m m m a. m m E m m a. m � iL m m m .............. .......... 0000000000000000000000000000000000000000000 o 2 0 0 0 3r. 3: o q C 0 0 C3 0 0 a 001 E E '33 . r < A E Z q q 0 q < ; — t;R '<<c'00'3M MW3U M LIU 300 1A '01 P -A - R, K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: October 5, 2011 SUBJECT: PROJECT LABOR AGREEMENT FOR CONSTRUCTION OF THE TVA- -.- - - The purpose of this report is to provide the City Council with information, background, a draft Project Labor Agreement and options to implement such an agreement that could apply to the construction of the City's Transit Center Parking Structure. The City has been working for several years on developing a parking facility adjacent to the Baldwin Park City Hall and the Metrolink Station to serve the multimodal transit needs of our City and the downtown Baldwin Park zone. After years of challenges involving funding, environmental studies and multiagency approvals, the City is almost ready to begin construction. The bulk of the project's cost will come from construction activities, and this creates the potential for economic opportunities which the City may benefit from in the form of stimulating local employment. Some time ago, the City Council had advised staff to explore this potential and to consider using a Project Labor Agreement (PLA) as a vehicle to benefit local employment from constructing this project. Most recently, on August 17, 2011, the City Council asked staff to develop a PLA for this project. DISCUSSION A PLA is a type of pre -hire agreement whereby certain groups of labor (unions) are ensured to have priority or exclusivity to perform the labor on a multiple number of projects over a predetermined time frame, although there is also the option of Baldwin Park Transit Center — Project Labor Agreement Page 2 of 5 October 5, 2011 employing a PLA for a specific project. Typically, each PLA is negotiated and designed individually, tailored to meet the needs of a specific agency or project. Staff has performed research on PLAs and while there are a number of cities that have banned the use of PLAs, other cities have employed PLAs. Regardless, though, staff does not have experience in working with PLAs. There are basic arguments in support of and against the use of PLAs. Arguments in Favor of Project Labor Agreements The argument in support of a PLA states it serves to assist a public agency by providing highly skilled labor. Furthermore, PLAs ensure lost time due to labor disruptions is non- existent; there will be no surprise cost overruns; and the completed project will be of the highest quality, thus leading to inherently lower costs and maintenance over the lifetime of the project. The argument continues contractors, workers and project owners prefer PLAs because of the stable labor environment they provide; and PLAs foster positive communication channels to address workers' concerns, safety issues and disputes and result in quicker resolutions, thereby creating continuity and stability of the work force at the job site. Furthermore, project owners have the potential of hiring locally by participating to designate where some of the project labor can come from. Lastly, proponents of PLAs indicate contractor bids and construction costs are not subject to increase since prevailing wages, mandatory with or without a PLA, are no different than union wages or PLA wages. Arguments Against Project Labor Agreements There are groups of primarily non -union contractors that argue against the use of PLAs essentially indicating it removes competition at the time of bidding by precluding non- union contractors from being competitive in the bidding process. Furthermore, they argue studies and data analysis show unit costs on construction projects are lower for non -PLA projects compared to PLA projects. PLAs place non -union contractors at a competitive disadvantage because of added "double benefit" costs in typical PLA agreements. Thus, a public project PLA has the purpose and effect of reducing the competitive advantage of non -union contractors, first by forcing them to pay twice for benefits already offered their workers and second by forcing pay cuts on their workers. Lastly, they point out PLAs discourage local non -union hiring since this type of labor is ineligible under a PLA. In particular, they go on, specialty projects do not have access to the highly specialized Labor which is critical to efficiency and productivity that is required, or that it significantly Limits this type of labor participation. Baldwin Park Transit Center — Project Labor Agreement Page 3 of 5 October 5, 2011 Options available to the City of Baldwin Park Staff has analyzed the project scope, funding and schedule. In 2009, when funding for the project was deemed sufficient to proceed towards design and construction, the project scope was to deliver a parking structure. Since then, however, the project scope has been expanded due to grant funding and outside agency requirements. That has presented the City with challenges to maintain the project within budget levels and also to maintain project development schedules due to expiring grants. While the expanded project scope has received required outside agency approvals, funding is still limited to the same amount available two years ago, at $10.5 Million. In addition, we have been informed by the MTA (the main funding agency) about $3.5 Million in construction funds must be expended by June 30, 2012. That deadline has already received an extension and additional extensions will not be granted. The latest the City may begin construction is February 2012, which means the City must award a construction contract in December 2011. Staff and our City Attorney have reviewed the attached draft PLA which was developed from other PLAs negotiated by the Los Angeles / Orange Counties Building and Construction Trades Council (Trades Council). However, it includes provisions that address the City's concerns regarding local hiring and also budget and timeline. Budget & PLA While the project funding remains substantially the same compared to two years ago, the scope has been significantly expanded. Staff, therefore, suggests the Transit Center bid documents contain alternative bids to consider awarding a base bid with bid alternates for items such as Solar Panels and Outdoor Amenities. That way, if funding is insufficient, the City would have cost saving options to still undertake construction. Similarly, the cost increase likely to result from utilizing a PLA is unknown and staff is concerned that increased cost, if significant, could jeopardize the project. Therefore, to protect the City, staff suggests the project bid documents have a bid with the PLA labor agreement included (base bid, and as an alternative bid, have a construction bid price without the PLA called a deductive alternate). The selection of the low bid contractor will be from the base bid (with the PLA). Once the bids are advertised, the formula to identify the low bid may not be changed. However, the City Council would have the option proceed with a construction contract without the PLA if it so chooses, but the contractor selected may not change. Presumably, the bids will have a cost differential attributable to doing business with and without a PLA. That suggestion is to protect the City from costs deemed too high stemming from employing a PLA, and providing a financial alternative so the project is not delayed. Any delays at this point will jeopardize project funds. Baldwin Park Transit Center — Project Labor Agreement Page 4 of 5 October 5, 2011 Schedule & PLA Due to the grant expenditure deadlines, staff recommends the draft PLA receive consideration by the City Council now so there is sufficient time for the Trades Council to approve the PLA. The formal PLA approval by the City Council may be done at the time the bid documents are released on November 3, 2011. Key grant expenditure deadlines require construction begin by February, 2012. Although typical contract and agency clearances take 45 to 60 days, staff will be aggressive and we will get those clearances done with a 30 -day lead time. This means, however, that the City must award a construction contract no later than December 2011. At the Council meeting on August 17th, the City Council asked staff to ensure that the PLA does not result in delaying the project. Staff has met with the Trades Council and they have expressed that a PLA can be finalized within the timeline. There will not be any delay with the proposed timeline. If, however, a PLA is not finalized then the project would need to be bid out without the PLA to ensure that the project and funding are not at risk. The Trades Council must approve the PLA before the bid documents are circulated for soliciting bids or by November 2, 2011. If the PLA is approved by the Trades Council, then staff will incorporate it into the bid documents so we may bring a complete package to the City Council for authorization to request bids. Analysis of Draft Proiect Labor Agreement Attached is a draft PLA that has been reviewed by the City Attorney. The major key points of the PLA are as follows: ❑ This PLA is a project specific for the Transit Center project only. ❑ Labor shall be 50% Trades Council and 50% choice by the prime contractor. ❑ Specialized equipment installation and off site manufacturing will be exempt from PLA requirements ❑ Trades council labor will be 30% composed by City of Baldwin Park residents. ❑ PLA applies to all subcontracts of $25,000 or greater. ❑ All wages and benefits regardless of whether there exists a PLA or not shall met federal standards. Some contractors have indicated the highly specialized nature of parking structure construction have led to employing crew teams familiar with one another. Contractors point out this approach is best to realize efficiency and productivity. Staff, therefore, recommends a cautious approach to how much labor can be required under a PLA for this type of specialty project. Baldwin Park Transit Center — Project Labor Agreement Page 5 of 5 October 5, 2011 In speaking with both the Trades Council and parking structure contractors, staff believes the main key points of the draft PLA are workable and realistic. Also attached is a draft transmittal letter addressed to the Los Angeles / Orange Counties Building and Construction Trades Council (Trades Council) which forwards the draft PLA and requests their review and approval of the PLA. The Trades Council has been advised of the aggressive and critical schedule the City must maintain so as not to jeopardize the project. Although staff recognizes the suggested schedule to be fulfilled by the Trades Council is ambitious, the City Council most recently indicated they did not want the PLA to be the cause for any delays to the project. A separate staff report is being submitted in which prequalifying contractors is recommended by staff. The prequalification issues are also time sensitive, and therefore, the bidding schedule for both the PLA and the prequalification has been coordinated with the dates suggested herein. FISCAL IMPACT There is no fiscal impact on City funds associated with this project. Moreover, there is no fiscal impact with the staff recommendation at this time. When the construction contract is considered for award, staff will provide the City Council with a full fiscal impact, with and without a PLA. RECOMMENDATION Staff recommends the City Council review the attached draft PLA and authorize staff to negotiate and finalize its terms, and bring back to the City Council a Trades Council approved PLA by November 2, 2011 for inclusion into the project bid documents in preparation for inviting construction bids. ATTACHMENTS 1. Draft Project Labor Agreement 2. Draft Transmittal Letter to Trades Council Attachment 1 DRAFT PROJECT LABOR AGREEMENT (PLA) FOR THE BALDWIN PARK TRANSIT CENTER CITY OF BALDWIN PARK PROJECT LABOR AGREEMENT LOS ANGELES /ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL Affiliated with the Building & Construction Trades Department (AFLICIO) and its Affiliated Craft Councils and Local Unions 01067/0001/101554.2 ATTACHMENT 1 TABLE OF CONTENTS I 01067/0001/101554.2 Page ARTICLE I DEFINITIONS ......................................................................................... 2 ARTICLE 11 SCOPE OF AGREEMENT ...................................................................... 3 ARTICLE III EFFECT OF AGREEMENT .................................................................... 5 ARTICLE IV WORK STOPPAGES, STRIKES, SYMPATHY STRIKES ANDLOCKOUTS ................................................................................... 6 ARTICLE V NO DISCRIMINATION .......................................................................... 9 ARTICLE VI UNION SECURITY ............................................................................... 10 ARTICLE VII REFERRAL ............................................................................................ 10 -ARTICLE VIII WAGES & BENEFITS .......................................................................... 11 ARTICLE IX EMPLOYEE GRIEVANCE PROCEDURE .......................................... 12 ARTICLE X COMPLIANCE ...................................................................................... 12 ARTICLE XI RESERVED ............................................................................................ 13 ARTICLE XII DISPUTE RESOLUTION PROCEDURE ............................................. 13 ARTICLE XIII JURISDICTIONAL DISPUTES ............................................................ 14 ARTICLE XIV MANAGEMENT RIGHTS .................................................................... 14 ARTICLE XV APPRENTICES ...................................................................................... 15 ARTICLE XVI SAFETY, PROTECTION OF PERSON AND PROPERTY ................. 16 ARTICLE XVII PRE-JOB CONFERENCE ..................................................................... 17 ARTICLE XVIII UNION ACCESS AND STEWARDS ................................................... 17 ARTICLEXIX TERM ..................................................................................................... 18 ARTICLE XX MISCELLANEOUS PROVISIONS ...................................................... 18 ARTICLE XXI SAVINGS CLAUSE .............................................................................. 18 I 01067/0001/101554.2 This Project Labor (this "Agreement ") is made and entered into by and among the CITY OF BALDWIN PARK, a municipal corporation, (the "City"), the LOS ANGELES /ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL, a California (the "Council ") and all the labor unions signing Schedule A of this Agreement. NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS: ARTICLE I DEFINITIONS 1.1 "Agreement" means this Project Labor Agreement. i 7 " n �; �s n ti i .. 7 �., 5 .,..e -: : s r: s a.� r�p�p�aea�t,acc amicans those emp loyces Inudentuted and p�aiticip�atui� in a joint Labor /Management Apprenticeship Program approved by the State of California, Department of r 4 .,1 Tom . r k-p - .«f.,.. r; ,. (... „;.-. ,1 inGus rIai iu,iaLiou0, iii vision of r- �p,p)1cu.L1cc3111P Stanuarus. 1.3 "Construction Contract" means the City's public work contract for the transit center parking structure. 1.4 "Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into the Construction Contract with the City or any of its contractors or any of the City's or contractor's subcontractors of any tier, with respect to the construction or inspection of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement. 1.5 "Joint Labor /Management Apprenticeship Program" as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California. 1.6 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such Contractor(s) to adherence to all the forms, requirements and conditions of this Agreement in the form substantially as attached hereto as Attachment A. 1.7 "Material Supplier" or "Material Suppliers" means a manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with the Contractor or any subcontractor to furnish materials or equipment to be used on or incorporated in the Project work by the Contractor or any subcontractor. 1.8 "Plan" means the plan for the Settlement of Jurisdictional Disputes in the Construction Industry. N 01067/0001/101554.2 1.9 "Project" or "City Project" means the public project to be performed pursuant to the project governed by the Construction Contract. 1.10 "Schedule A" as used in this Agreement means the local collective bargaining agreements of the signatory unions. 1.11 "Subscription Agreement" means the contract between the Contractor and a Union's Labor /Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of the contract. 1.12 "Union" or "Unions" or "Signatory Unions" means the Los Angeles /Orange Counties Building and Construction Trades Council, affiliated with the Building & Construction Trades Department (AFLICIO) (hereinafter "Council ") and its affiliated Craft Unions, District Councils and other construction labor organization signatory to this Agreement, whose names are subscribed hereto and who have through their officers executed this Agreement. ARTICLE II SCOPE OF AGREEMENT 2.1 Parties: Unless otherwise provided or limited herein, this Agreement shall apply to the Contractor, the contractor performing work or agreeing to perform work as subcontractors or otherwise in regards to the Construction Contract, and the Los Angeles /Orange Counties Building and Construction Trades Council affiliated with the Building & Construction Trades Department (AFLICIO), Craft Council and Local Unions and any other labor organization signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement ( "Signatory Unions "). 2.2 Project Description: This Agreement shall apply to the Construction Contract as defined in Article 1, Section 1.3, above, unless specifically excluded or limited in Article II, Section 2.4 below. This Agreement shall in no way limit the City's right to terminate, modify or rescind the Construction Contract and the City has the sole discretion and right to combine, consolidate, cancel, terminate or take other action regarding the Construction Contract or portions of the Construction Contract. 2.3 Project Labor Disputes: The provisions of this Agreement, including the Schedule A Agreements, (which are the local collective bargaining agreements of the signatory Unions having jurisdiction over the work on the Project, as such may be changed from time -to -time and which are incorporated herein by reference) shall apply to the work covered by this Agreement. It is further agreed, where there is conflict, the terms and conditions of this Agreement shall supersede and override terms and conditions of any and all other national, area, or local collective bargaining agreements, except for all work performed under the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and control systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article IV (Work Stoppages, Strikes, Sympathy Strikes and Lockouts), Article XII (Dispute 3 01067/0001/101554.2 Resolution Procedure) and Article XIII (Jurisdictional Disputes) of this Agreement, which shall apply to such work. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the grievance arbitration procedure set forth in Article XI of this Agreement except for those disputes exempted from the grievance procedure pursuant to Article IX. Where a subject is covered by a provision in a Schedule A Agreement and not covered by this Agreement, the provision of the Schedule A Agreement shall prevail Any dispute as to the applicable source between this Agreement and any Schedule A Agreement for determining the wages, hours of working conditions of employees on a Project shall be resolved under the Z-7) procedures established in this Agreement. 2.4 Exclusions. This Agreement shall not apply to: (A) Construction work performed at any time prior to the effective date, or after the expiration or termination of this Agreement. (B) Any equipment required to be installed pursuant to the Construction Contract when that equipment is installed by the manufacturer of that equipment, or that manufacturer's agent or contractor. (C) Work provided pursuant to the Construction Contract, if that work is performed off -site from the location of the Project (D) Every subcontract (no matter what tier) of Twenty -Five Thousand Dollars ($25,000.00) or less entered into pursuant to the Construction Contract. (E) Service contracts or operation or maintenance contracts entered into by the City for the transit center parking structure. (F) Contractor's non - manual employees including, but not limited to, superintendents, supervisors, staff engineers, quality control and quality assurance personnel, time keepers, mail carriers, clerk, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other engineering, administrative, supervisory, and management employees (except those covered by existing building and construction trades collective bargaining agreements). (G) Material Suppliers or delivery by any means of material, supplies or equipment required to any point of delivery. (H) Officers and employees of the City, (I) The work of persons, firms and other entities that perform consulting, planning, scheduling, design, environmental, geological, management, or other supervisory services on any City Project including, but not limited to, consultants, engineers, architects, geologists, construction managers, and other professionals hired by the City or any other governmental entity. (J) This Agreement shall not apply if any the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a m 01067/0001/101554.2 requirement, condition or other term of receiving that funding or assistance is the City not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. ARTICLE III EFFECT OF AGREEMENT 3.1 By executing this Agreement, the Unions and the City agree to be bound by each and all of the provisions of this Agreement. It is specifically agreed no later agreement shall be deemed to have precedence over this Agreement unless signed by all parties signatory hereto who are then currently employed or represented at the Project. 3.2 By entering into the Construction Contract, the Contractor agrees to sign the Letter of Assent as shown in Attachment A and be bound by each and every provision of the Agreement. 3.3 It is understood this Agreement constitutes a self - contained, standalone agreement and, by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement. 3.4 Except as provided in Sections 2.4 and 3.6, at the time the Contractor enters into a subcontract with any subcontractor providing for the performance of a Construction Contract, the Contractor shall provide a copy of this Agreement to that subcontractor and shall require the subcontractor as a part of accepting the award of that construction subcontract to agree in writing in the form of a Letter of Assent, see attachment A, to be bound by each and every provision of this Agreement prior to the commencement of any work on the Project, to the extent provided herein. 3.5 Except as provided Section 3.6, this Agreement shall only be binding on the Contractor in regards to the Construction Contract and shall not apply to the parents, affiliates, subsidiaries, or other ventures of the Contractor or any other contract for construction or project to which this Agreement does not apply. 3.6 This Agreement shall be included as a general condition of the Construction Contract for which the City requests bids; provided, that the parties understand and agree that request for bids will provide for an alternate bid which includes the cost of the Project if this Agreement is not applicable; and provided, further, that the City reserves the sole and absolute discretion to decide it is in the public's financial interest (i) not to apply this Agreement to the Construction Contract awarded pursuant to that bidding process or (ii) to reject all bids and re- advertise the award of the Construction Contract, one or more times, without this Agreement being applicable to the Construction Contract. 3.7 The City reserves the exclusive right, at its own discretion, to assign a person (the "PLA Manager ") to monitor compliance with this Agreement and assist as the authorized representative of the City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purpose of the Parties and this Agreement and to 5 01067/0001/101554.2 otherwise implement and administer this Agreement, which includes, but is not limited to, the verification of the collection of contractor Letters of Assent, the administration of the dispute resolution process under Article XII of this Agreement and the reporting of local hire attainments. The PLA Manager shall not have the right to expand, terminate or modify this Agreement without the mutual consent of the Parties to this Agreement. ARTICLE IV WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS 4.1 The Unions, City and Contractor agree: (A) During the existence of this Agreement, there shall be no strike, sympathy strike, picketing, slowdown, withholding of work, refusal to work, walk -off, sit -down, stand -in, wobble, boycott, or other work stoppage, disruption, advising of the public that a labor dispute exists, or other impairment of any kind for any reason. (B) As to employees employed on the City Project, there shall be no lockout of any kind by a Contractor covered by the Agreement. The Contractor may layoff employees for lack of work, or in the event that a strike, picketing or other disruption impedes the work of the Project covered by this Agreement. (C) No picket lines will be established at the job site by any of the Unions. The Unions agree that they will not sanction in any way any picket line or other impairment of the work on the City Project, and will affirmatively take all measures necessary to require their respective members to cross any and all picket lines and report for work as scheduled and that responsible representatives of the Unions who are employed on the City Project will also do so themselves. (D) Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who: (1) fails to timely pay its weekly payroll; or (ii) fails to make timely payments to the Union's Labor /Management Trust Funds in accordance with the provisions of the applicable Schedule A Agreements. Prior to withholding its members services for the Contractor's failure to make timely payments to the Union's Labor /Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union's Schedule A Agreement, but in no event less than forty -eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the Contractor. Union will meet within the ten (10) day period to attempt to resolve the dispute. (iii) Upon the payment of the delinquent Contractor of all monies due and then owing for wages and /or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work. 6 01067/0001/101554.2 4.2 Expiration of Local Agreements. If local, regional, and other applicable labor agreements expire during the terns of this Agreement, then it is specifically agreed there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of work, refusal to work, walk -off, sick -out, sit -down, stand -in, wobble, boycott or other work stoppage, disruption, advising of the public that a labor dispute exists, or other impairment of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the City Project and/or failure of the parties to that agreement to reach a new contract. Terms and conditions of employment established and set for purposes of prevailing wage requirements under the labor agreement or as required by law at the time of bid or thereafter shall remain established and set. Otherwise to the extent such a local, regional, or other applicable labor agreement does expire and the parties to that agreement have failed to reach agreement on a new contract, work will continue on the City Project on one of the following two bases, both of which will be offered by the Unions involved to the Contractor affected: (A_) Each of the Unions with a contract expiring must offer to continue working on the City Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contracts may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts provided, however, that the proposal does not violate State or Federal prevailing wage laws required to be paid on public works projects. The terms of the Union's interim agreement offered to the Contractor will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Los Angeles County. (B) Each of the Unions with a contract expiring must offer to continue working on the City Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds; provided, that the wage rates comply with State and Federal prevailing wage laws, if the Contractor agrees to the following retroactivity provisions: if a new local, regional or other applicable labor agreement for the industry having application at the City Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then the Contractor shall pay to its employees who performed work covered by this Agreement at the City Project during the hiatus between the effective dates of such labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new local, regional or other applicable agreement for such increase to go into effect, for each employee's hours worked on the City Project during the retroactive period. An agreed labor agreement must not violate any requirements of State or Federal prevailing wage laws. All parties agree the Contractor shall be solely responsible for any retroactive payment to its employees and the City has no obligation, responsibility or liability whatsoever for any such retroactive payments or collection of any such retroactive payments, from any the Contractor. (C) The Contractor may elect to continue to work on the Project under the terms of the interim agreement option offered under subparagraph (A) or (B), above. To decide between the two options, the Contractor will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractor in 7 01067/0001/101554.2 writing its specific offer of terms of the interim agreement pursuant to paragraph (1) above whichever is the later date. 4.3 Expedited Arbitration will be utilized for all Work Stoppages and Lockouts. In lieu of, or in addition to, any other action at law or equity, which is also available, any party may institute the following procedure when a breach or violation of Article IV is alleged. (A) The party invoking this procedure shall notify the permanent Arbitrator next in sequence from the following list: Walter Dougherty, Mark Burnstein, Fred Horowitz, Michael Rappaport and Louis Zigman. The parties agree these shall be the five permanent Arbitrators under this procedure. In the event that none of the five permanent Arbitrators are available for a hearing within 24 hours, the party invoking the procedure shall have the option of delaying until one of the four permanent Arbitrators is available or of asking the permanent Arbitrator that would normally hear the matter to designate an arbitrator to sit as a substitute Arbitrator for this dispute. If any of the permanent Arbitrators ask to be relieved from their status as a permanent Arbitrator, then arties shall mutually select a new permanent Arbitrator. Expenses incurred in arbitration shall be borne equally by the parties involved in the Arbitration and the decision of the Arbitrator shall be final and binding on the parties; provided, that the Arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. (B) Notice to the Arbitrator shall be by the most expeditious means available, including telephone, with notice by facsimile or Email to the party alleged to be in violation and to the Building Trades Council. If the City is not a party to the Arbitration, it shall receive notice by telephone, with notice by facsimile or Email. (C) Upon receipt of said notice, the permanent Arbitrator shall set and hold a hearing, if the violation still exists or if the party alleging the breach requests, the hearing shall be set and held within twelve (12) hours if possible and within twenty -four (24) hours if not. Otherwise, the hearing shall be set and held within forty -eight (48) hours or such later time to which the party alleging the breach consents. (D) The Arbitrator shall notify the parties by telephone and by facsimile or Email of the place and time he has chosen for this hearing. If the City is not a party to the Arbitration, then all receive notice of the place and time of the hearing by telephone and by facsimile or Email. Notice shall be given to the individual Unions alleged to be involved. Said hearing shall be completed in one session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. If the City is not a party to the Arbitration, the City shall have the right to attend the hearing and provide any relevant information to the Arbitrator. (E) The sole issue at the hearing shall be whether or not a violation of Sections 4.1 or 4.2 of this Article has in fact occurred, and the Arbitrator shall have no authority to consider any other types of violation of this Agreement or to award damages, which issue is reserved for court proceedings, if any. For purposes of deciding this issue, the actions of individual craft workers engaging in conduct described in sections 4.1 or 4.2 shall constitute violations of the sections by the Unions representing these individuals. Similarly, conduct 01067/0001/101554.2 described in sections 4.1 or 4.2 carried out by unions not signatory to this Agreement shall constitute violations of this Agreement by any Union signatory to this Agreement that is a sister union, subsidiary union, or parent of the offending non - signatory union. The Award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an Opinion. Irrespective of the Arbitrator's decision of whether Sections 4.1 or 4.2 have been breached, the Arbitrator may retain jurisdiction over the parties for violations, occurring during the succeeding seven days and shall convene additional proceedings upon request to hear further evidence of breaches of sections 4.1 or 4.2. If the City, in cases where the City is not a party to the Arbitration, or party to the Arbitration, desires an Opinion, then one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement, of the Award. If the Arbitrator finds that a violation of Sections 4.1 or 4.2 of this Article has occurred, then the Arbitrator in his /her written Award shall order cessation of the violation of this Article and a return to work and other appropriate relief, and such Award shall be served on all parties, and on the City, if the City is not a party to the Arbitration, by hand, facsimile or registered mail upon issuance. The Award will be final and binding on the parties to the Arbitration, including the individual craft workers on City Projects represented by any of the Unions subject to the Award. (F) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telephonic or facsimile notice of the filing of such enforcement proceedings shall be given to the party against whom the Award is sought to be enforced. In the proceeding to obtain a temporary order enforcing the Arbitrator's Award, all parties agree that such proceedings may be heard ex parte. Such agreement does not waive any party's right to participate in a hearing for a final order enforcing the Award. The Court's order or orders enforcing the Arbitrator's Award shall be served on all parties to this Agreement by hand, by facsimile, by delivery to their last known address or by registered mail. (G) Any rights created by statute or law governing arbitration proceedings or judicial proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (H) The fees and expenses of the Arbitrator shall be divided equally between the moving party or parties and the responding party or parties. (1) The procedures contained in this Section 4.3 shall be applicable to alleged violations of this Article to the extent any conduct described in Section 4.1 or 4.2 occurs on the Project. Disputes alleging violation of any other provision of this Agreement, including any underlying disputes alleged to be in justification, explanation, or mitigation of any violation of Section 4.1 or 4.2, shall be resolved under the applicable grievance adjudication procedures for these other Articles. ARTICLE V NO DISCRIMINATION 5.1 The Contractor and Unions agree not to engage in any form of discrimination on the ground of, or because of, race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status or medical condition. 9 01067/0001/101554.2 ARTICLE VI UNION SECURITY 6.1 The Contractor recognizes the Unions as the sole bargaining representatives of all craft employees working within the scope of this Agreement. 6.2 No employee covered by this Agreement shall be required to join any Union as a condition of being employed, or remaining employed, for the completion of the Project work; provided, that any employee who is a member of a Union at the time the referring Union refers the employee, shall maintain that membership in good standing while employed on the Construction Contract, Inspection Services Contract or Project. The Contractor shall, however, require all employees working on a Construction Contract, Inspection Services Contract or Project, to the extent which this Agreement applies, to comply with the applicable Union security provisions for the period during which they are performing on -site Project work to the extent, as permitted by law, of rendering payment of the applicable monthly dues and working dues. ARTICLE VII REFERRAL 7.1 The Contractor and each subcontractor (no matter what tier) recognizes the Unions shall be the primary source for up to 50% of the craft labor employed on the City Project and follow the provisions of this Article, subject to the following: Notwithstanding any provision of this Agreement, the Contractor and each subcontractor shall use good faith efforts to have 30% of the labor force provided by the Unions be current residents of the City and shall show proof to the City of those efforts and the percentage achieved. 7.2 The Contractor shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of State or Federal law. 7.3 In the event referral facilities maintained by the Unions are unable to fill the requisition of the Contractor for qualified employees within a 48 -hour period after such requisition is made by the Contractor, the Contractor shall be free to obtain work persons from any source. The Contractor shall inform the Union of any applicants hired from other sources, within twenty -four hours after hiring, and such applicants shall register with the appropriate hiring hall, if any, prior to beginning work on the Project and abide by all of the other requirements imposed by this Agreement. 7.4 Unions will be required to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor. In recognition of the fact the City will be impacted by the construction of the Project, the parties agree to support the development of increased numbers of construction workers from residents of the City. Toward that end, the Unions agree to make a concentrated effort to recruit residents of the City's area enrolled in local trade schools or otherwise and to refer and utilize qualified City area residents on the Projects. The Unions shall submit written documentation to the City on an annual basis which sets forth the steps taken by the Unions to recruit, refer and utilize qualified residents of the City and the number of City residents recruited by the Unions and referred to or utilized on the Projects. In recognition of the 10 01067/0001/101554.2 City's mission to serve its residents, the Unions and Contractor agree, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, residents residing within the City shall be first referred for Project work, including joLIrneypersons, apprentices, or other positions. The purpose of this section is to provide employment opportunities for the City's residents. 7.5 The Contractor and Unions acknowledge the importance of hiring "at risk" workers and agree to the use of the Craft Request Form attached hereto and incorporated as "Attachment C." The Craft Request Form provides for voluntary reporting of "at risk" status by an individual. The following criteria will be used to identify the "at risk" worker: - Household income below 50% of the median - Homeless; - Welfare recipient; - Unemployed; and - Single parent. 7.6 Helmets to Hardhats: (A) The Contractor and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction trades industry. The Contractor and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center ") and the Center's "Helmets to Hardhats" Program to serve as a resource for preliminary orientation, assessment of the construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties. (B) The Unions and Contractor agree to coordinate with the Center to create and maintain and integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. ARTICLE VIII WAGES & BENEFITS 8.1 All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors, the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, then the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision in this Agreement, including section 2.3, this Agreement does not relieve the Contractor from any independent contractual obligation they may have to pay wages in excess of the prevailing wage rate as required. 11 01067/0001/101554.2 8.2 (A) If the Contractor is not a signatory to the established Labor /Management Trust Fund agreements, as specified in the Schedule A Agreements for the craft workers in their employ, then the Contractor shall sign a "Subscription Agreement" with the appropriate Labor /Management Trust Fund covering the work performed under this agreement. (.B) The Contractor shall pay contributions to the established Labor /Management Trust Fund in the amounts designated by the Unions and make all employee - authorized deductions in the amounts designated by the Unions; provided, that the Contractor and Union agree only such bona fide employee benefits as accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, training funds, etc.) shall be included in this requirement and required to be paid by the Contractor on the Project; and provided, further, that such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. Notwithstanding any other provision in this Agreement, including section 2.3, this Agreement does not relieve the Contractor from any independent contractual obligation they may have to make all contributions set forth in the amounts contained in those Schedule A Agreements without reference to the forgoing. 8.3 The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s), to the extent said trust agreements are consistent with this Agreement, specifying the detailed basis on which payments are to be made into, and benefits paid out of such trust funds for the Contractor's employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. ARTICLE IX EMPLOYEE GRIEVANCE PROCEDURE 9.1 If a grievance arises regarding the imposition of discipline of an employee, or the dismissal of an employee, working on Project work, then all such grievance(s) shall be processed, exclusively, under the grievance procedure contained in the applicable Schedule A Agreement for the craft Union representing such employee(s) and not under the provisions of the Dispute Resolution Procedure of Article XII. ARTICLE X COMPLIANCE 10.1 It shall be the responsibility of the Contractors and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article VIII. The City may designate a representative to monitor and investigate issues related to this Agreement including, but not limited to, the prevailing wage requirements, local and "At Risk" hiring compliance, and the affirmative action provisions of the City. ARTICLE XI 12 01067/0001/101554-2 [THIS ARTICLE INTENTIONALLY LEFT BLANK] ARTICLE XII DISPUTE RESOLUTION PROCEDURE 12.1 Disputing parties are encouraged to meet as soon as possible and try to reach an agreement to resolve the dispute. However, if an agreement cannot be reached, the following procedure shall be used. The parties understand and agree in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. Employee grievances regarding the imposition of discipline of an employee, or the dismissal of an employee shall be processed, exclusively, under Article IX of this Agreement. No disputes shall be recognized unless the disputing party (the City, one of the signatory Unions, or the Contractor) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. In any cases where the City is not a party to the dispute, the City shall be provided with notice by telephone and facsimile or Email of the dispute by the complaining party. The time limits set forth in this Article may be extended by the mutual written agreement of the parties. 12.2 Disputes shall be settled according to the following procedures: Step 1: Within five (5) business days after the receipt of the written notice of the dispute, the Business Representative of the involved Union, or his /her designee, the representative of the Contractor, and at the discretion of City, a representative of the City, shall confer and attempt to resolve the dispute. I.n the event that the representatives are unable to resolve the dispute within the five (5) business days after conferring on the dispute, the grieving party may send written notice, within ten (10) calendar days of conferring, to the responding party that the matter is being moved to Step 2. Step 2: The business manager of the involved local Union or his /her designee, together with the site representative of the Contractor, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2. Step 3: If the grievance shall have been submitted but not resolved under Step 2, the grieving party may request in writing to the other party, within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the list of permanent arbitrators as listed in Article IV. The grieving party shall strike one of the arbitrators from the list, and the responding party shall strike the next arbitrator from the list, until one arbitrator is left, who shall hear the case. The arbitrator shall hear the case at the first available date. The arbitrator's decision shall be final and binding upon the parties. The arbitrator's decision shall not alter the language of this Agreement. 13 01067/0001/1015542 12.3 Failure to process a dispute within the time limits provided above, shall be deemed a waiver of such dispute without prejudice and without precedent to the processing and /or resolution of like or similar disputes. The fees and expenses incurred by the arbitrator shall be paid equally between the parties to the dispute. 12.4 In order to encourage the resolution of mutually agreeable settlements, the parties agree that any settlement shall not be precedent setting. ARTICLE XIII JURISDICTIONAL DISPUTES 13.1 The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan ") or any successor Plan then in affect. 13.2 An jurisdictional disputes on the Project, between or among Building and Construction Trades Unions and the Contractor shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding, and conclusive on the Contractor and Unions. 13.3 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Contractor's assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge. 13.4 The Contractor will conduct a pre job conference with the Council prior to commencing work on the Project or within five (5) days of the award of any project work, whichever is later. The City will be advised in advance of all such conferences and may participate if it wishes. ARTICLE XIV MANAGEMENT RIGHTS 14.1 The Contractor retain full and exclusive authority for the management of it operations. That includes, but is not limited to, the right to direct its working force and to establish coordinated working hours and starting times, which shall not be in conflict with the Schedule A agreements or this Agreement. 14.2 There shall be no limit on production by workers or restrictions on the full use of tools or equipment. Craftsmen using tools shall perform any of the work of the trades and shall work under the direction of the craft foremen. There shall be no restrictions on efficient use of manpower other than as may be required by safety regulations. The Contractor may utilize the most efficient methods or techniques of construction, tools or other labor- saving devices to accomplish the work. Restrictive practices not a part of the terms and conditions of the Agreement will not be recognized. 14 01067/0001/101554.2 14.3 The Contractor shall be the sole judge of the number and classifications of employees required to perform work subject to this Agreement. The Contractor shall have the absolute right to hire, promote, suspend, discharge or layoff employees at their discretion and to reject any applicant for employment, subject to the provisions of the respective craft collective bargaining agreement between the Contractor and Union and pursuant to this Agreement. 14.4 Nothing in this Agreement shall be construed to limit the right of any of the Contractor to select the lowest bidder he deems qualified for the award of contracts or subcontracts or material, supplies, or equipment purchase orders on the Project. The right of ultimate selection remains solely with the Contractor in accordance with the Construction Contract . 14.5 It is recognized certain materials, equipment and systems of a highly technical or technological and specialized nature will have to be installed at the Project. The nature of the materials or the nature of the equipment and systems, together with requirements of manufacturer's warranty, dictate that it be prefabricated, pre - piped, prewired and /or installed under the supervision and direction of the City's, Contractor's and/or manufacturer's personnel. The Unions agree such materials, equipment and systems may be installed under the supervision and direction of the City representative, the Contractor's or the manufacturer's personnel. The unions agree such materials, equipment and systems shall be installed without the occurrence of any conduct described in Sections 4.1 and 4.2. ARTICLE XV APPRENTICES 15.1 At a minimum, the Contractor shall comply with the requirements of California Labor Code. In addition, the parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force and the opportunities to provide continuing work under the construction program funded by the City and other public agencies. To those ends, the parties will facilitate, encourage, and assist local residents to commence and progress in Labor /Management Apprenticeship and training Programs in the construction industry leading to fun participation in the construction industry. The Contractor and the Council will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor /management apprenticeship programs maintained jointly by the signatory Unions and the Contractor. The Unions acknowledge it is of particular importance to the City these efforts be directed towards residents which reside in the geographic area serviced by the City. 15.2 (A) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeymen established by the applicable craft union's approved apprenticeship standards. 15 01 067/0001/101554.2 (B) The Unions agree to cooperate with the Contractor in furnishing apprentices, with a preference of up to 30% for those apprentices who reside in the City, as requested up to the maximum percentage allowable. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The Authority shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons. (C) All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his /her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman's qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker's qualification as a journeyman. ARTICLE XVI SAFETY, PROTECTION OF PERSON AND PROPERTY 16.1 It shall be the responsibility of the Contractor to provide safe working conditions and cause employee compliance with any safety rules contained herein or established by the City, the State and the Contractor. It is understood the employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City. 16.2 Employees shall be bound by the safety, security and visitor rules established by the Contractor and the City. Those rules will be published and posted in conspicuous places by the Contractor throughout the work site. An employee's failure to satisfy his/her obligations under this Section will subject him to discipline, including discharge. 16.3 The parties acknowledge the City and Contractor have a policy, which prohibits the use, sale, transfer, purchase or possession of a controlled substance, alcohol or firearms while on the City's premises. Additionally, the Contractor has a "drug free" work place policy, which prohibits those working on the City's premises from having a level of alcohol in their system, which could indicate impairment, and /or any level of controlled substances (i.e., illegal drugs) in their system. To that end, the parties agree the Labor /Management Memorandum of Understanding (MOU) on Drug Abuse Prevention and Detection negotiated with the various General Contractor Associations and the Basic Trades' Unions shall be the policy and procedure utilized under this agreement. The MOU is appended to this agreement as Attachment B. ARTICLE XVII PRE -JOB CONFERENCE 16 01067/0001/101554-2 17.1 A pre -job conference shall be held prior to the start of work by the prime contractor for the Project covered by this Agreement. The purpose of the conference will be to, among other things, determine craft manpower needs, schedule of work for the contract and Project work rules /owner rules. All work assignments should be disclosed by the Contractor in accordance with industry practice and the Plan. ARTICLE XVIII UNION ACCESS AND STEWARDS 18.1 Authorized representatives of the Union shall have access to Project site; provided, that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security and safety rules. 18.2 (A) Each signatory local Union shall have the right to dispatch a working journey person as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person's duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non - working stewards. Stewards will receive the regular rate of pay for the respective crafts. (B) In addition to his /her work as an employee, the steward should have the right to receive but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor. Each steward should be concerned only with the employees of the steward's Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. The Contractor will not discriminate against the steward in the proper performance of his /her union duties. (C) When the Contractor has multiple, non - contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working steward(s) as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. (D) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. 18.3 The Contractor agrees to notify the appropriate Union twenty -four (24) hours before the layoff of a steward, except in the case of disciplinary discharge of just cause. If the steward is protected against such layoff by the provisions of the applicable Schedule A, then such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty - four (24) hours after such notice have been given. 17 01067/0001/101554.2 18.4 On work where the personnel of the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnel employed by the any other employer not a party to this Agreement. ARTICLE XIX TERM 19.1 To the extent provided herein, this Agreement shall commence and be applicable to the Construction Contract after execution of this Agreement the Construction Contract by all applicable parties. 19.2 The Agreement shall continue in full force and effect for the same period as the Construction Contract. The Agreement may subsequently be extended by written amendment if agreed to by the parties. ARTICLE XX MISCELLANEOUS PROVISIONS 20.1 This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. 20.2 Any notice, demand, request, document, consent, approval, or communication required by or to be given to City shall be sent to the City at its administration offices. 20.3 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 20.4 The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. hereto. 20.5 Any modification to this Agreement must be in writing executed by all parties ARTICLE XXI SAVINGS CLAUSE 21.1 The parties agree in the event any article, provision, clause, sentence or work of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the 18 01067/0001/101554.2 parties shall substitute, by mutual agreement, in its place and stead, an article, provision, sentence or work which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or word in question. All parties signatory to this Agreement will be required to comply with the law. 21.2 The parties also agree in the event that a decision of a court of competent jurisdiction materially alters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be nun and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below. THE UNION OFFICIALS signing this Agreement warrant and represent they are authorized to collectively bargain on behalf of the organizations whom they represent and the members of such organizations. [SIGNATURES ON FOLLOWING PAGE] 19 01067/0001/101554.2 Dated: Dated: ME 01067/0001/101554.2 CITY OF BALDWIN PARK C LOS ANGELES /ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL CITY OF BALDWI N PARK PROJECT LABOR AGREEMENT CRAFT UNIONS' SIGNATURE PAGE: (Asbestos) Heat & Frost Insulators Local #5 Bricklayers Local #4 Electrical Workers Local #11 Operating En T _ c _, u, Oe _ ating gineerS Local ff12- Operating Engineers Local 412 Iron Workers Local #416 Laborers Local #300 Plumbers Local #398 U.A. Irrigation & Landscape Local #345 Plasterers Local #200 Plaster Tenders #1414 Sheet Metal Workers Local #105 21 01067/0001/101554.2 Boilermakers Local #92 Tile Layers Local #18 Elevator Constructors Local #18 -- - -`- -" -- -- n -- - -" -- - - "- - T 1 111 1 UPC'IUMIg Gl1gHICC1S ioCal ft1G Gunite #345 Iron Workers Local #433 Painters District Council #36 & Allied Trades (Glaziers, Resilient Floor & Drywall Taping & Fin.) U.A. Steamfitters Local #250 U A. Fire Protection Fitters Local 9709 Cement Masons Local #600 Roofers Local #36 Teamsters Local #986 ATTACHMENT A - LETTER OF ASSENT Prior to commencing work, this is to be signed by the Contractor awarded the work for the transit center parking structure covered by the Baldwin Park Project Labor Agreement [Contractor's Letterheads William Galvez, Publics Works Director City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Re: Baldwin Park Project Labor Agreement for Transit Center Parking Structure - Letter of Assent Dear Mr. Galvez: This is to confirm [Name of Comnanvl agrees to be party to and bound by The Baldwin Park Project Labor Agreement, effective 2011 (that "Agreement "), as that Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by that Agreement shall extend to all work covered by that Agreement undertaken by this Company on the Project pursuant to its contract with the City and this Company shall require all of its subcontractors of whatever tier to be similarly bound for all work within the scope of that Agreement by signing and furnishing to you an identical Letter of Assent prior to their commencement of work. Sincerely, [Name of Construction Company] LM Its [NOTE: Second officer's signature if a corporation Its [Copies of this Letter must be submitted to the Project Labor Coordinator and to the Council consistent with Article 3, Section 3.2]. 01067/0001/101554.2 Attachment 2 DRAFT TRANSMITTAL LETTER FOR PLA FOR THE BALDWIN PARK TRANSIT CENTER ATTACHMENT 2 October 6, 2011 Robbie Hunter - Council Executive - Secretary Los Angles /Orange Counties Building and Construction Trades Council 1626 Beverly Boulevard Los Angeles, CA 90026 Subject: Project Labor Agreement Dear Mr. Hunter: The City of Baldwin Park is pleased to transmit to you a draft Project Labor Agreement (PLA) for your review and subsequent approval by the Los Angeles / Orange Counties Building and Construction Trades Council (Trades Council). The draft PLA was based on PLA that the Trades Council approved for the Upper San Gabriel Valley Municipal Water District. Our draft PLA is for a single project and the City has modified the PLA to accommodate the timing and budgetary constraints for this project. The City's Transit Center Project is funded primarily by Federal and State Grants and the City must use a significant portion of the funding by June 30, 2012. Our staff and City Attorney have reviewed the draft PLA, and our City Council agrees to the key terms regarding local hiring. Because of the timing challenges it is important that the PLA is approved before the bid documents are circulated for soliciting bids. We will appreciate if the Trades Council will approve the PLA so that it can be presented to the City Council for its approval on November 2, 2011. We apologize for the rush but this aggressive schedule is necessary to meet grant funding deadlines. Failure to do so may result in loss of funding and will jeopardize this long awaited project. City intends to award a construction contract in December 2011 and break ground in February 2012. We look forward to working with you on this important project and expect to provide much needed employment opportunities to our residents through this arrangement. Please feel free to call me should you have any questions. You can reach me at (626) 813 -5201 or mail me at vsinghalp_baldwinpark.com. Thank you. Sincerely, Vijay Singhal, CEO City of Baldwin Park GA110 Management\ Contracts- Agreements \TradesCouncil PLA Transmittal 10 -05 -2011 rev.doc / BAMWIN CITY OF BALDWIN PARK TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works October r S � f r' STAFF REPORT The purpose of this report is to provide the City Council with information on the Prequalification of Construction Contractors intending to participate in the two -step bidding for the Transit Center Parking Structure construction. BACKGROUND The City has been working for several years on developing a parking facility adjacent to the Baldwin Park City Hall and the Metrolink Station to serve the multi -modal transit needs of our City and the downtown Baldwin Park zone. The City is making final preparations to the Transit Center's plans and specifications, and to the bid documents. Once the City receives construction bids, the City intends to award a construction contract to the lowest responsive and responsible bidder per the requirement of the Public Contracts Code and the procurement policies of the Baldwin Park Municipal Code. DISCUSSION The construction of this Transit Center constitutes a landmark project for the City. As in any construction project, the primary concerns of the project's delivery are the quality of construction, on -time project completion and expenditures within budget. Quality on construction projects is controlled by the plans and specifications and applying close inspection and enforcement of specifications on material and workmanship. Transit Center — Contractor Prequalification Questionnaire Page 2 of 5 October 5, 2011 Unlike the private sector, unfortunately there is nothing available to government agencies to award a contract only to a bidder who is deemed to be "quality contractor," as "quality" can be a subjective determination. However, a technique available to ensure construction contractors are capable of delivering large or specialty projects to an expected quality level is to screen and prequalify contractors as part of the bidding process. The prequalification process is allowed, but it must be objective and measurable and may not be subjective. The Public Contracts Code Section 20101 allows government agencies to prequalify, and under the auspices of that code, the California Department of Industrial Relations (DIR) has been given the lead to develop model prequalification guidelines and questionnaire. The questionnaire is set up to be quantitative and measures the size of prospective contractor's financial position and past experience with similar projects. Project Summary This project consists of several components including a 5 level, 500 stall parking structure to replace ground level parking adjacent to City Hall, an overhead pedestrian bridge connecting to the Metrolink train station, landscape and hardscape improvements to connect pedestrians to the civic center and bus transit on Ramona Boulevard, and bus station amenities. Preliminary design and the environmental study was completed last year, and the environmental clearance was received March 2011. The project has been recently designed and the construction documents are ready for City Council review and final approval. The next step is to bid the project and award a construction contract. The city intends to construct and complete the project in 2012. Funding for the project is via grants. The following table summarizes the source of funds: Transit Center FTA ............ _.._............_ ....................................................................................................... ................._......_....._ .................._..1........11 $1,910,872 .1111.. 1..1.11..__.................... . MTA - PC 10% ............................................................................................................................................................................................................................................................................................................. $4,187,000 ............................... MTA CMAQ ............................................................................................................................................................................................................................................................................................................. $905,000 ............................... City.. Match ...... ............................... .................... ......1111... $2,957,452 . Prop C LR (Verizon ) $609,252 $10,569,576 Public Contracts Code Provisions for Pregualifying In 1999, the Legislature enacted Public Contract Coder section 20101 that allows public agencies to require licensed contractors that wish to bid on public works jobs to 11 prequalify" for the right to participate in the financial portions of the bid process on a specific public works project. That section authorizes every public agency to adopt a Transit Center — Contractor Prequalification Questionnaire Page 3 of 5 October 5, 2011 prequalification system and describes certain requirements that must be met. The requirements are summarized as follows: (1) Use a standardized questionnaire and financial statement, (2) Adopt and apply a uniform system of rating bidders on objective criteria, and (3) Create an appeal procedure by which a contractor that is denied prequalification may seek a reversal of that determination The bill also required the Department of Industrial Relations (DIR) to "develop model guidelines for rating bidders, and draft the standardized questionnaire." The attached questionnaire is the standardized one developed by the DIR. Staff has a copy of the uniform system of rating bidders on the objective criteria. The prequalification schedule suggested by staff does accommodate an appeals procedure and a decision after the appeal so that the bidding process is not delayed. Prepualification Schedule The prequalification process is a modification to the standard advertising process which normally applies to publicly awarded projects under the Public Contracts Code. The standard and typical process requires advertising a project to solicit bids for three weeks minimum, with ads running on local newspapers and trade publications as acceptable advertising means. Projects using Federal funds normally require a four week advertising period. On the other hand, the prequalifying process involves a multi -step process. First, the agency advertises a standardized questionnaire for two to three weeks, followed by the agency analysis of the questionnaire submittals for about a one -week period. The analysis allows the agency to prepare a preliminary list of prequalified contractors. The agency then certifies the prequalified list via City Council ratification. Lastly, the prequalified contractors are invited to participate in the financial step or the bid process over a minimum two -week period culminating in a public bid opening. The contract is then awarded to the lowest responsible and responsive bidder. There is an appeals process which is required incorporated to the above. After the public agency completes the initial prequalification list, it must allow for a one -week period for contractors who wish to appeal their omission from the prequalified list. If an appeal is filed, an appeal hearing must be conducted one week later, and an appeal decision must be made within one day of the hearing. The schedule for prequalifying has been coordinated with the schedule for the City to consider employing a Project Labor Agreement (PLA). The MTA (the main funding agency) has informed us that about $3.5 Million in construction funds must be expended by June 30, 2012. That deadline has already received an extension, and additional extensions will not be granted. The latest the City may begin construction is Transit Center — Contractor Prequalification Questionnaire Page 4 of 5 October 5, 2011 February 2012. While typical contract and agency clearances take 45 to 60 days, staff will be aggressive and we will get those clearances done with a 30 -day lead time. But that means the City must award a construction contract no later than December 2011. The detailed process and schedule for prequalifying on this project is as follows: 1. The Prequalification Questionnaire is released on October 6, 2011. 2. The Questionnaire submittal to us is due October 25, 2011 (at least 35 days prior to bid opening). 3. City prepares prequalification list and notifies contractors of their status on November 1, 2011. 4. The City Council ratifies the Prequalification List on November 2, 2011. 5. The City Council approves the bid documents including the PLA (if any) on November 2, 2011. 6. Staff invites prequalified contractors to participate in the financial portion of the bid process on November 3, 2011. 7. City allows for an appeal period for potential bidders who were not prequalified, ending on November 8, 2011. 8. If a timely appeal is filed, then the appeal hearing is conducted no later than November 15, 2011 (no later than 5 days prior to bid opening). 9. An appeal decision is rendered by City staff on November 16, 2011 (within one day of hearing - appeal process must be completed at least 10 days prior to bid opening - tentatively set for December 6, 2011). 10. If the decision prequalifies another potential contractor, then the list of prequalified contractors may be amended and presented to the City Council for ratification on November 16, 2011. Staff invites contractors added to the prequalified list, if any, to participate in the financial portion of the bid process. 11. Sealed qualified financial bids are then opened December 6, 2011. Tentatively, the bid documents, and the plans and specifications would be approved by the City Council no later than November 2, 2011. That allows the bid opening date set no later than December 6, 2011. That date allows staff and the construction manager to have enough time to evaluate the bids and prepare the staff report to award a construction contract by December 21, 2011. Contractors would have four weeks to prepare their bids once the prequalified list is ratified on November 2, 2011. The bid documents would already include a PLA, if one is to be part of the project. If there is a change to the list due to an appeal, then the final Fist would be amended and ratified by the City Council on November 16, 2011 which would still allow sufficient time for submittal of financial bids from all prequalified bidders which would be due on December 6, 2011. By prequalifying contractors, construction quality will be preserved and documentation delays will be minimized, but maintaining the above schedule is critical. Transit Center — Contractor Prequalification Questionnaire Page 5 of 5 October 5, 2011 FISCAL IMPACT There is no known fiscal impact to this recommendation. It is presumed smaller and inexperienced contractors will not be prequalified to bid on the project. That may reduce the number of financial bids submitted, and thus, to some degree, the bid competitiveness (which could tend to raise the low bid). However, the prequalification process would better insure that those contractors that are capable of performing the work and that can realistically complete the project are the ones competing for the low bid, and that the City Council can choose from to award this important construction contract. Therefore, staff strongly recommends we prequalify contractors to ensure contractors participating in the bid process have been screened to have the specialized expertise and experience, the financial resources and the skilled contracting capabilities to ensure delivery of the project. RECOMMENDATION Staff recommends the City Council authorize prequalifying contractors for the Baldwin Park Transit Center, with a final certification list approved by the City Council on November 2, 2011 or November 16, 2011. ATTACHMENTS Prequalification Advertisement & Questionnaire .0 _0 CITY OF BALDWIN PARK NOTICE INVITING PREQUALIFICATION OF GENERAL CONTRACTORS (NO SUBCONTRACTOR BIDS REQUESTED AT THIS TIME) Subject to conditions prescribed by the undersigned, the City of Baldwin Park is soliciting Prequalification Questionnaires from B -1 Licensed General Contractors whom are interested in participating in the following work: BALDWIN PARK TRANSIT CENTER Estimated Construction Value: $9,000,000 PREQUALIFICATION: Pursuant to Public Contract Code Section 20101, the Department of Public Work of the City of Baldwin Park has determined that bidders who submit bids on this Project must be prequalified. If two or more business entities submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to hid, To request a Prequalification Questionnaire, please email ,onza1ez6,de1terra.co or FAX a request at 626 - 271 -1967. PROJECT DESCRIPTION: Construction of a 5 level, 500 stall Parking Structure and Pedestrian Bridge located adjacent to Baldwin Park City Hall located at 14403 E. Pacific Ave, Baldwin Park, CA 91706. PROCEDURES: The City of Baldwin Park seeks contractors with demonstrated experience on public agency projects of similar size and complexity to construct the City of Baldwin Park Transit Center. The contractor ultimately awarded the contract for the subject work, if any is awarded shall have demonstrated annual business revenue of at least $25,000,000 for each and every one of the last five (5) consecutive years. That Contractor must have demonstrated experience on a minimum of five (5) comparable public agency projects with that Contractor providing services as general contractor within the last five (5) years. The prequalifieation package must be submitted on or before 6pm on October 25, 2011 (may be submitted prior to the deadline during regular working hours, Monday thru Thursday 8 am to 6 pm) under seal and marked "CONFIDENTIAL" addressed to: Public Works Department (City Hall, 2 "d floor) - c/o Edwin "William" Galvez, P.E. City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Confidentiality of the information provided will be respected to the extent permitted by law. Response to the Prequalification Questionnaire must be submitted on the forms contained within the Prequalification Questionnaire available at the email address above. All information requested in these forms must be provided in order to be considered "Responsive" to the requirements of the prequalifieation. Questions are to be directed to Jose Gonzalez at ` o alez(aWelterra.co . City of Baldwin Park, Public Works Department Prequalification Questionnaire APPEALS PROCESS FOR PRE - QUALIFICATION OF BIDDERS Contractors are encouraged to submit prequalification packages as soon as possible, so that they may be notified of omissions of information to be remedied or of their prequalification status well in advance of the bid opening for this project. Contractors who submit a complete prequalification package will be notified of their qualification status no later than five business days after submission of the information (prequalification status will be available no later than November 1, 2011). The City of Baldwin Park may refuse to grant prequalification where the requested information and materials are not provided, or not provided by the submission deadline [October 25, 2011 at least 35 days before bid closing]. There is no appeal from a refusal for an incomplete or late application. The bid opening date will not be changed to accommodate supplementation of or incomplete submissions. II TL. .. «,. «...... 1..0 ....4�.�« �...6: __,_,. ,. �._ 1_..,7 ..___ aL .,t ___________ I._ _ ___� 1_L_ _._ _._ _ __1 can _ i _ t _ A VVIlere t.requa1111cdatlon IdL111�'S aie 0elow hdat 11cCcJSsaiy to piequalily, all appeal can ue niaue. An appeal is begun by the contractor delivering notice to the City of its appeal of the decision with respect to its preq_uaiilll.;ation rating, no later than NoVC1zlbCr b, GV11, Which is at WaSL Len business days prior to the deadline for the receipt of bids for this public works project (bids are scheduled opened on December 6, 2011). Without a timely appeal, the contractor waives any and all rights to challenge the decision of the City of Baldwin Park, whether by administrative process, judicial process, or any other legal process or proceeding. If the contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days after the City's receipt of the notice of appeal and no later than five business days prior to the last date for the receipt of bids on the project. Therefore appeal hearings shall be conducted no later than November 15, 2011). The hearing shall be an informal process conducted by a panel to whom the City has delegated responsibility to hear such appeals (the "Appeals Panel "). At or prior to the hearing, the Contractor will be advised of the basis for the City's pre - qualification determination. The contractor will be given the opportunity to present information and present reasons in opposition to the rating. Within one day after the conclusion of the hearing, the Appeals Panel will render its decision (November 16, 2011). It is the intention of the City that the date for the submission and opening of bids will not be delayed or postponed to allow for a request to extend the appeals process. The City reserves the right to adjust, increase, limit, suspend or rescind the prequalification rating based on subsequently learned information. Contractors whose rating changes sufficient to disqualify them will be notified, and given an opportunity for a hearing consistent with the hearing procedures described herein for appealing a prequalification rating. The City reserves the right to waive minor irregularities and omissions in the information contained in the prequalification application submitted and to make all final determinations. Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the contractor on whose behalf that person is signing. If any information provided by a contractor becomes inaccurate, the contractor must immediately notify the City and provide updated accurate information in writing, under penalty of perjury. City of Baldwin Park, Public Works Department Prequalification Questionnaire 2 GENERAL CONTRACTOR F�RE QUALIFICATION QUESTIONNAIRIN; For C"Iffy Of BALDMN PARK October 6, 2011 City of Baldwin Park, Public Works Department Prequalification Questionnaire Note: Submission of an incomplete and/or unclear Prequalification Questionnaire may result in the determination of the prospective Contractor as NON- PREQUALIFIED. YI11►i1100 �f17C�� (Name and Title) Printed or Type (Signature) (Firm Name. If a Joint Venture, state name of JV Entity) (Contact Name and License (s) number) (Address) (City, State, Zip Code) (Telephone Number) (Facsimile Number) (E -mail Address) Each prospective Contractor must have the following California General Building Contractor's License, License Code: B -1, current, active and in good standing with the California Contractor's State License Board on the date and time the Prequalification Questionnaire submittal is due and must submit this Prequalification Questionnaire with all portions completed, including required attachments. Each prospective Contractor must answer all of the following questions and provide all requested information, where applicable. Any prospective Contractor failing to do so may be deemed to be not responsive with respect to this Prequalification at the sole discretion of the City of Baldwin Park. Each prospective Contractor must submit 4 copies of the questionnaire. All prospective Contractors that have submitted a Prequalification Questionnaire will be notified in writing of either successfully or not successfully achieving prequalification status. To the extent permitted by law, the City of Baldwin Park and Del Terra Group will maintain the confidentiality of the information submitted for Prequalification. It is critical that the prospective Contractor fill out all information required accurately, completely, truth illy and to the best of their knowledge. Ambiguous or incomplete information may lead to an unfavorable rating and subsequent status as non- prequalified. WHERE NECESSARY, COPY THE FORMS IN THIS PACKAGE. USE ONLY THESE FORMS. City of Baldwin Park, Public Works Department Prequalification Questionnaire PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION A prospective Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is "No." A prospective Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8, or 9 is "Yes" unless the answer to question 8 is "Yes," and the debarment would be the sole reason for denial of prequalification, then that denial shall only be effective for the debarment period. 1. Prospective Contractor possesses a valid and current license issued by the Contractors State License Board (CSLB): Code B -1. ❑ Yes ❑No 2. Prospective Contractor has a liability insurance policy with a policy limit of at least $10,000,000 per occurrence and 525,000,000 aggregate_ ❑ Yes ❑No 3. Prospective Contractor has current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to California Labor Code sections 3700 et. seq. ❑ Yes ❑No 4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information? ❑ Yes ❑No NOTE: A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement. 5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) your current bonding capacity is sufficient for the subject project, and (b) your current available bonding capacity? ❑ Yes ❑No NOTE: Notarized statement must be from the surety company, not an agent or broker. 6. Has your contractor's license been revoked at any time in the last (5) five years? ❑ Yes ❑No 7. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years? ❑ Yes ❑No 8. At the time of submitting this pre - qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7? City of Baldwin Park, Public Works Department Prequalification Questionnaire 2 ❑ Yes ❑No If the answer is "Yes," state the beginning and ending dates of the period of debarment: At any time during the last five years, has your firm or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract? ❑ Yes ❑No City of Baldwin Park, Public Works Department Prequalification Questionnaire PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS A. Current Organization and Structure of the Business For Firms That Are Corporations: Ia. Date incorporated: lb. Under the laws of what state: 1 c. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation's stock. Name I Position Years with Co. % Ownership Social Security # i I' 1 d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a 1 Qllull. Dates of Person's Participation Person's Name Construction Firm with Firm For Firms That Are Partnerships: 1 a. Date of formation: lb. Under the laws of what state: lc. Provide all the following information for each partner who owns 10 per cent or more of the firm. Name Position Years with Co. % Ownership Social Security # 4 ld. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a Dates of Person's Participation Person's Name Construction Companv with Comt)anv For Firms That Are Sole Proprietorships: 1 a. Date of commencement of business. lb. Social security number of company owner. 1 c. Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a Dates of Person's Participation Person's Name Construction Comnanv with ComnanV For Firms That Intend to Submit a Bid as Part of a Joint Venture: 1a. Date of commencement of joint venture. Ib. Provide all of the following information for each firm that is a member of the joint venture mat expects to ara on one or more projects: Name of firm I % Ownership of Joint Venture City of Baldwin Park, Public Works Department Prequalification Questionnaire 5 B. History of the Business and Organizational Performance Has there been any change in ownership of the firm at any time during the last three years? NOTE: A corporation whose shares are publicly traded is not required to answer this question. ❑ Yes ❑ No If "yes," explain on a separate signed page. 2. Is the firm a subsidiary, parent, holding company or affiliate of another construction firm? NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If "yes," explain on a separate signed page. 3. Are any corporate officers, partners or owners connected to any other construction firms. Tf-.- 14 V l P.: 1r1cluue information al-out other firms if an owner, partner, or oillcer oI your firm holds a similar position in another firm. ❑ Yes ❑ No If "yes," explain on a separate signed page. 4. State your firm's gross revenues for each of the last five years: How many years has your organization been in business in California as a contractor under your present business name and license number? years 6. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. 7. Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 6, above) ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. C. Licenses List all California construction license numbers, classifications and expiration dates of the California contractor licenses held by your firm: 9. If any of your firm's license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license. 10. Has your firm changed names or license number in the past five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 11. Has any owner, partner or (for corporations:) officer of your firm operated a construction firm under any other name in the last five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 12. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes ❑ No If "yes," please explain on a separate signed sheet. D. Disputes 13. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes ❑ No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 14. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question I or Id on this form. Yes ❑ No City of Baldwin Park, Public Works Department Prequalification Questionnaire If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre - qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. 15. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ❑ No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. 16. In the past five years has any claim against your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). 17. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). 18. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes ❑ No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 19. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No If "yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. City of Baldwin Park, Public Works Department Prequalification Questionnaire E. Criminal Matters and Related Civil Suits 20. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding. 21. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. 22. Has your firm or any of its owners, officers or partners ever been convicted of a federal or stoic crilile oL I., rai U, thelL, or any otiler act of Uisiionesty! ❑ Yes ❑ No If "yes," identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct. F. Bonding 23. Bonding capacity: Provide documentation from your surety identifying the following: Name of bonding company /surety: Name of surety agent, address and telephone number: 24. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do SO. 25. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds: City of Baldwin Park, Public Works Department Prequalification Questionnaire 26. During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place. O. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety 27. Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. 1 es u 1VU If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision. 28. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. 29. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. 30. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? City of Baldwin Park, Public Works Department Prequalification Questionnaire 10 31. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: Previous year: Year prior to previous year: If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation. 32. Within the last five years has there ever been a period when your firm had employees but was vdithout work: rs' Cviiipeiisativri insurance or state - approved sell ii3siirance? ❑ Yes ❑ No it "yes," please explain he rea�oll ,ol he absellGG of workers compensation insurance on d separate signed page. If "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers' compensation insurance carrier verifying continuous workers' compensation insurance coverage for the period that your firm has been in the construction business.) H. Prevailing Wage and Apprenticeship Compliance Record 33. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with a state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes ❑ No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 34. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the Federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. City of Baldwin Park, Public Works Department Prequalification Questionnaire 11 35. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on the subject project for which you may be awarded a contract. 36. If your firm operates its own State- approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and aLtacil �,�ea.ence oi Me most recent kCallrorma ,kpprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 37. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? ❑ Yes ❑ No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). City of Baldwin Park, Public Works Department Prequalification Questionnaire 12 PART III. RECENT CONSTRUCTION PROJECTS COMPLETED 38. Each prospective Contractor shall provide information about its five most recently completed public agency projects. Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information: Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: 13 39. How many multilevel parking structures have you completed over the last five years? 40. How many multilevel parking structures have you completed in California over the last five years? 41. How many multilevel parking structures have you completed for a public agency over the last five years? I, the undersigned, certify and declare that I have read all the foregoing answers to this prequalification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct. Dated: (Name) City of Baldwin Park, Public Works Department Prequalification Questionnaire 14 ?1 4 BALD_ WIN P I A, R- K ffel AIN" wi • Honorable Mayor and Members of t Vijay Singhal, Chief Executive Offic ITEM NO, --?- STAFF REPORT SUBJECT: Resolution in support of the United Food and Commercial Workers (UFCW) Union and Supermarket Employees; Resolution No. 2011-044 The nurpose of this rennrt is to rem ip-St thp City, C' d' prcovridle Sup.,Jo, . to the F'-�or4 - l- -i--- -- - . -r-- -- ..— -- -;; 11 �1 111�u I U U and Commercial Workers (UFCW) Union and Supermarket Employees. aMweinem-glic At the City Council meeting held on September 7, 2011, Councilmember Susan Rubio requested for City Council discussion and consideration to pass a resolution in support of the United Food & Commercial Workers. Based on this recommendation, the City Council approved to adopt a proclamation in support of the United Food and Commercial Workers Union and Supermarket Employees. The City Council had last supported this effort on November 5, 2003 by adopting Resolution No. 2003-076. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends that the City Council receive and adopt Resolution No. 2011-044. RESOLUTION NO. 2011 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING COMMERCIAL WORKERS (UFCW) UNION AND SUPERMARKET EMPLOYEES WHEREAS, the United Food and Commercial Workers Union represents over 62,000 grocery clerks in Southern California; and WHEREAS, the Union's contract with many of the supermarket chains expired on May 6, 2011. WHEREAS, the grocery industry, nationally and especially in Southern California, has traditionally paid good wages with an attractive health care package. I he average wage and salary pay for full time hourly workers in major Southern California chains is $26,956, including a complete benefit package, with health care coverage for employees and dependents; and WHEREAS, there are a number of factors needed to develop customer loyalty including: 1) quality merchandise offered at a reasonable price and 2) employees who have a complete understanding of organizational loyalty. Southern California grocery markets, even with competition, have consistently catered to the consumer in providing affordable products and the employees of those same markets have always demonstrated their loyalty in providing excellent service to the consumers who have come to depend upon their skills within the grocery industry; and WHEREAS, the employees who work in community supermarkets are also neighbors whose children attend local schools, neighbors who frequent other community businesses, neighbors who attend and participate with the local religious community and neighbors who have deep concerns for the well being of their local communities; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the City Council supports the United Food and Commercial Workers Union and their efforts and contributions. SECTION 2. That the City Clerk shall forward a copy of this resolution to UFCW Local 1448, Western Region, P.O. Box 9000, Claremont, CA 91711 -9000. SECTION 3. That the City Clerk shall certify to the adoption of this resolution and enter into the original book of resolutions on file in the City Clerk's Office. PASSED, APPROVED and ADOPTED this 5th day of October, 2011. MANUELLOZANO MAYOR ATTEST: ALEJANDRA AVILA CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I Resolution 2011-044 Paqe 2 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2011-044 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on October 5, 2011 by the following vote: AYES: MEMBER: ABSENT: MEMBER: Uyzf-�.A 110�k A �05 ALEJANDRA AVILA CITY CLERK 1� �1 TO: DATE: • Honorable Chair and City Councilmembers Marc Castagnola, AICP, Community evelopment M Amy L. Harbin, AICP, City Plan October 5, 2011 ITEM f ' 01M SUBJECT: Continued from August 17, 2011. Comprehensive update to Chapters 152 (Sub1° h.ASie%n Ordinance\ and 153 /ZoM;M O Ordinance), establishment of new City -wide Design Guidelines ;roM! ! ur.:!�: _n- Design �19s ::: -s - -�! amendments &I- .. .- ..MVVUN�. De ign M.wnu Gl aInd to LIM General Plan Land Use Policy Map and Zoning Map (Location: Citywide; Case Numbers: AGP -115, Z -553, AZC -163 and DRG 11 -1). U cO• This report recommends City Council approve a comprehensive update to the City's Zoning Ordinance and Subdivision Ordinance, the establishment of new City -wide Design Guidelines and Landscape Design Manual and amendments to the City's General Plan Land Use Policy Map and Zoning map to achieve consistency pursuant to the General Plan 2020 adopted in 2002. CEQA and NOTICING In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined the proposed project will not have a significant impact on the environment. An Initial Study has been prepared and the public review period as required by CEQA concluded on May 9, 2011. No comments were received on the Initial Study. As a result of the information contained in the Initial study, a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division for approval by the City Council. A Notice of Public Hearing on the proposed zoning and subdivision code amendments, proposed zoning map changes, proposed General Plan land use policy map changes and proposed design guidelines and landscape manual was published in the San Gabriel Valley Tribune on July 22, 2011. Additionally, public notices were posted at, City Hall, Esther Snyder Community Center and AGP -115, Z -553, and AZC -163 October 5, 2011 Page 2 Barnes Park on July 21, 2011. Furthermore, public notices were mailed to all property owners whose permitted uses were being affected by the pending action on July 21, 2011. Reasons Why This Update is Being Undertaken In 2002, the City adopted a new General Plan (General Plan 2020). The General Plan 2020 establishes long -term policy direction for land use and development on all properties in Baldwin Park. The City implements General Plan land use policies primarily through the Zoning Ordinance (Chapter 153 of the Baldwin Park Municipal Code). For all zoning districts (zones) in Baldwin Park, the Zoning Ordinance contains very specific regulations about which uses are allowed and how properties can be developed within each zone. California law .requires the General Plan and Zoning Ordinance be consistent with each other. In particular, the General Plan descriptions and mapping of future land use must match the zones shown on the official Zoning Map and established in the Zoning Ordinance. Since adoption of General Plan 2020, the City's Planning Department and Planning Commission have been working to comprehensively update the Zoning Ordinance to reflect General Plan policies, to modernize the Zoning Ordinance so that it addresses conditions relevant to Baldwin Park today and to streamline the Zoning Ordinance to make it easier for City staff and the public to use. This effort has also involved draft revisions to the Zoning Map, including zone changes for particular properties. Actions Taken To Date The table below indicates the significant actions taken to date on the City's General Plan update and map and the zoning code and map, design guidelines and subdivision code. TABLE #1 SIGNIFICANT ACTIONS TAKEN DATE ACTION BODY After a public hearing, Planning Commission approves of Resolution PC 02 -21 recommending that the City Council: 10/09/02 (1) Adopt the EIR for the General Plan; Planning (2) Adopt the Statement of Overriding Considerations; and Commission (3) Adopt resolution PC 02 -21 approving the comprehensive General Plan Update. 11/20/02 1 After a public hearing, the General Plan Update 2020 City Council C: Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 3 DATE: ACTION..: BODY was approved. (2) Contract approved with Cotton /Bridges /Associates to prepare a comprehensive Zoning Code and Design Guidelines Update to be consistent with the newly updated General Plan. 04/27/05 Public workshop /status on the comprehensive Zoning Code Planning and Desi n Guidelines update. Commission Original contract (11/20/02) amended to reflect City's 04/02/08 updated needs and assignment of contract to Hogle- City Council Ireland, Inc. 02/11/09 Public workshop on the proposed update to the zoning Planning code, design guidelines and subdivision code. Commission Public workshop for property owners who's zoning designation will change as a result of the Zoning Code Planning 04/29/09 - -- -- update. Approximately 500 property owners affected were Commission notified of the workshop. i May /June i Updates to the Planning Commission on the proposed 2009 comprehensive update project. Staff has informally outreached to several property owners Since that may be impacted by the proposed zoning changes. In June 2009 some instances changes have already been made to the -- zoning or changes are slated as part of the overall comprehensive update. Study session with the Planning Commission to educate the 4/27/11 new Commissioners on the process to update a zoning Planning code and what staff is trying to accomplish by updating the Commission zoning code. Informal Study Session with the Planning Commission and 5/11/11 the public. Questions and concerns were taken, Planning researched and incorporated into the public hearing staff Commission report for 6/8/11. Public hearing on the Negative Declaration of Environmental Impact and the various entitlements AGP- 6/8/11 115, Z -553, AZC -163 and DRG 11 -1 related to the Planning comprehensive update was conducted. After the public Commission hearing, Planning Commission approved Resolutions 11- 11, 11 -12 , 11 -13 and 11 -14. ZONING CHANGES Since the last time the Zoning Code was updated in 1981, staff has comprehensively reviewed and proposed modifications to the Zoning Code, which would accomplish several things: (1) standards would be modernized, (2) regulations would become user - friendly (graphics and tables), (3) inconsistencies and ambiguities would be eliminated and (4) new sections would be proposed that are consistent with State law as well as the priorities of the community. C:\Amy\AMY\WORD\Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 4 Scope of Proposed Zoning Changes The proposed Zoning Map changes will affect the properties indicated on Attachment #1 either by: 1) changing the zone of the property to achieve consistency with the General Plan land use designation (for example, from General Commercial to Mixed Use), or 2) changing the name of the zone to account for the elimination of the CBD, CM and OI zones. The elimination of the two Industrial zones will result in their consolidation with the I -C zone. The CBD zone has not existed on the City's Zoning Map for the past twenty (20) or so years. New Zoning Designations —Mixed Use (MU) The proposed Zoning Code Update contains a new zone, Mixed -Use, which is not in the current Zoning Code. Two Mixed -Use zones are proposed. The first is MU -1 zone which is established to create opportunities for development that integrate commercial and residential uses within a large district with an emphasis on retail, service, professional office, entertainment and restaurant business oriented toward street frontages and serving as the primary use, and medium to high density residential uses built to compliment such uses. The proposed location for the MU -1 zone is the City's downtown area. Second, is the proposed MU -2 zone, which is established to create opportunities for mixed -use developments that emphasize medium to high density residential uses with limited commercial, institutional, office and service uses. The proposed location for the MU -2 zone is along Maine Avenue by the Baldwin Park Adult School and at other key intersections in the City. New development standards for Mixed -Use developments have been included as well as permitted and conditionally permitted uses. Density within the Mixed - Use zones range between a minimum of fifteen (15) dwelling units per acre to a maximum of thirty (30) dwelling units per acre. Other development standards include pedestrian access, parking standards, building orientation, building transparency, driveways, loading /unloading activities and lighting and noise. Changes to Achieve Consistency The General Plan designates certain properties as Mixed -Use to encourage a lively mix of commercial and residential development in Downtown and on North Maine Avenue. Because the current Zoning Code does not provide for a Mixed - Use (MU) zone, the proposed Zoning Code Update introduces the new MU -1 and MU -2 zones, and certain properties are proposed to be rezoned to MU -1 and MU -2 consistent with the adopted General Plan policy. Also, the General Plan designates select commercial properties on Ramona Boulevard and Pacific Avenue for future residential; the City proposes to rezone these properties RG to facilitate this conversion. Other consistency changes are also proposed. CAmy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 5 Properties proposed for rezoning are indicated on the enclosed map shown as Attachment #1. Changes Due to Elimination of Zones To streamline the Zoning Ordinance and better reflect the types of uses planned for certain commercial and industrial areas of Baldwin Park, the CBD, CM and OI zones will be eliminated in conjunction with adoption of the new Zoning Ordinance. All properties currently zoned CBD will instead be zoned MU -2. All properties zoned CM and OI will be reclassified as the IC zone. Most of the current land uses within the CM and OI zones as well as new uses will be allowed in the IC zone. GENERAL PLAN LAND USE POLICY MAP AMENDMENTS Since adoption of the new General Plan in 2002; the City_ has re- evaluated the planned location of Mixed -Use districts. Also, City staff has identified several desired amendments to achieve economic development objectives. To address those issues, the City proposes minor amendments to the General Plan Land Use Policy Map at the locations indicated on the enclosed map shown as Attachment #1. General Plan amendments that also require a Zoning Map amendment are indicated on the enclosed map as well. NEW STANDARDS FOR SPECIFIC USES There are a few new uses that have been incorporated into the proposed Zoning Code in order to comply with State Law, as well as development standards which reflect the City's objectives to improve the appearance and function of different areas Baldwin Park. There are also new standards for certain uses that have been added to the proposed Zoning Code. All are described further below. Child Day Care Facilities and Large- Family Day Care Homes — Standards for Specific Land Uses and Activities, Part 6 of Subchapter 153.120 of the Proposed Zoning Code Pursuant to Sections 1596 and 1597 of the California Health and Safety Code, the City has included a new section to the proposed Zoning Code that regulates large family day care homes. In November of 1998, pursuant to State law, the City drafted and approved an administrative interpretation to deal with these types of land uses and the potential impacts they may have on surrounding residential dwelling units. A discretionary permitting process is not allowed. The Zoning Administrator reviews the application for an administrative permit in accordance with the following development standards, including spacing /concentration, traffic control, parking and noise. Provided that the applicant can demonstrate meeting the minimum requirements as outlined in Section 153.120.120 of the Zoning Code, the Administrative Permit is granted. CAAmy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Paae 6 Emergency Shelters— Standards for Specific Land Uses and Activities, Part 16 of Subchapter 153.120 of the Proposed Zoning Code Consistent with Sections 65582, 65583(a) and 65589.5 of the California Government Code, all California cities are required to identify a zoning designation to permit emergency shelters by right. In this proposed Zoning Code, the I -C Zone has been designated to allow emergency shelters as a matter of right. However, specific use regulations and development standards apply, including maximum number of beds, on -site management, maximum length of stay, proximity to other shelters, security and common facilities. !Noise— Section 153.140.070 of the Proposed Zoning Code Although provisions relating to noise are contained in Sections 130.30 through 130.44 of the Baldwin Park Municipal Code, standards for noise have been incorporated into Subchapter 153.140 of the proposed Zoning Code. The section sets forth noise standards applicable to all land uses in all zones and compliments the noise provisions contained in the Municipal Code. Development Agreement — Administrative Procedures, Part 17 of Subchapter 153.120 of the Proposed Zoning Code Subchapter 153.120 of the proposed Zoning Code is added in accordance with State law. It allows an applicant for a development project assurance that upon approval of the project the applicant may proceed with the project in accordance with existing policies, rules and regulations and conditions of approval at the time authority is granted to proceed with a project. Applications for development agreements shall contain, but not limited to, the following: duration of the agreement, permitted uses, density and intensity of uses, height and size of buildings and any dedications. The Planning Commission shall make a recommendation to the City Council on all development agreements. In reviewing a development agreement, the City Council shall make the following findings: 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement; and CAAmy\AMY\WORD\Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Paae 7 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; and 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole; and 4) The development agreement is consistent with the provisions of California Government Code sections 65864 through 65869.5. Additionally, a majority vote of the entire City Council is required to approve a development agreement. Developments agreements shall be recorded with the Los Angeles County Recorder and shall be reviewed at least once every twelve (12) months. Procedures to amend or cancel a development agreement are the same as the original adoption. Reasonable Accommodation — Administrative Procedures, Part 20 of Subchapter 153.120 of the Proposed Zoning Code The Reasonable Accommodation section establishes a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation to zoning regulations, as provided by Federal and State law, and establishes criteria to be used when considering these requests. The primary purpose if this process is to provide flexibility in the application of land use, zoning, or building regulations, policies, or procedures for individuals with disabilities or developers of housing for persons with disabilities when it is necessary to eliminate barriers to equal housing opportunities. This subchapter includes a provision for it applicability, a list of proceedings as to how applications may be filed and what shall be included in the applicant's request, and findings that shall be analyzed before any action is taken. Written determinations on an applicant's request shall be made within approximately 30 days and may be appealed to the appropriate authority. Drive -Thru Establishments— Standards for Specific Land Uses and Activities, Part 7 of Subchapter 153.120 of the Proposed Zoning Code The City's current Zoning Code does not provide for any development standards for drive -thru establishments. However, through the City's Design Review process, staff has required new drive -thru establishments maintain a minimum vehicular stacking area. The minimum required vehicular stacking area varies on the use that the drive - through serves. The current Zoning Code allows for drive- C\Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 8 thru establishments within the following zoning designations with approval of a conditional use permit: F -C, Freeway Commercial; C -2, General Commercial; O -I, Office Industrial; C -M, Commercial Manufacturing; I -C, Industrial Commercial; and I, Industrial zones. Sections 153.120.220 through 153.120.240 in the proposed Zoning Code set forth new development standards and use regulations, including minimum lot size, queuing distances, two -way drive ways, submittal of a circulation plan, installation of trash receptacles, screen walls and maximum allowable speaker system noise. In the proposed Zoning Code, drive - through establishments would be permitted with the approval of a conditional use permit in the C -2, F -C, C -1 and I zones. Drive- through establishments are not permitted in the C -1 or M- U zones, which are typically neighborhood serving or within the City's downtown area. Furthermore, the Redevelopment Project Area Overlay also prohibits drive- through establishments. Comments from the public, at the May 11, 2011 Planning Commission Study Session, and a letter (Attachment #2) were provided to staff from advocates that support stricter development standards on and prohibit drive - through facilities in neighborhood serving zones and the downtown area to enhance the aesthetics of streetscapes and to promote pedestrian facilities and walkability. Other requested standards by the advocates include: only allowing drive - through facilities within zones that have direct access to the freeways, development of a healthy food zone, prohibition of all fast food restaurants, distance requirements from residential uses and public recreation areas, new standards for site and building design and minimum lot size requirements. As stated in a prior paragraph, staff has addressed some of the advocates concerns regarding drive - through establishments including, minimum lot size, new design guidelines, noise and circulation. However, some of their requests are policy direction requests which have not been addressed since they are not reflected in the General Plan or provided as direction from the City's policymakers. SUBDIVISION CODE UPDATE Chapter 152 of the Baldwin Park Municipal Code contains the development standards that are intended to supplement and implement the Subdivision Map Act, as set forth in California Government Code Sections 66410 et seq. That chapter regulates the design and improvement of the subdivision of land within the City. Current subdivision requirements have the Advisory Agency or Zoning Administrator (staff level) as the hearing officer(s) on the tentative parcel or tract map, respectively. As part of the comprehensive Subdivision Code Update, C: \Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 9 public hearings for tentative maps will now be held by the Planning Commission as the approving authority and the City Council as the appeal authority. One significant addition to the chapter is new development standards for commercial condominium subdivisions which are intended to safeguard the health and safety of the community and purchaser. Development standards for these types of subdivisions include, architectural and site design, landscaping, lighting, lot coverage, open space, refuse areas, signage, and covenants, conditions and restrictions (CC &R's). Residential condominium subdivisions that are conversions of existing apartment buildings are also addressed. Those regulations work to provide for the housing needs for all economic segments of the community while also protecting the rights of tenants, protecting the health, safety and welfare of the public and potential purchasers, promoting home ownership and increasing owner - occupied units that are affordable to all economic segments of the community. Part of the application review process includes both the City's Building Official and the responsible Fire Agency (Los Angeles County Fire) inspecting the premises. It is the responsibility of the Building Official to evaluate the condition of the structures and determine any needed repairs to bring the project into compliance with City building code requirements, housing code requirements and State requirements for residential condominiums applicable at the time of permit issuance. The responsible Fire Agency shall inspect the premises and all structures to determine the sufficiency of fire protection systems service all structures, report any deficiencies and indicate if those deficiencies are required to be corrected by law. Since the chapter deals with the conversion of existing apartment buildings, specific noticing requirements are included to protect the existing tenants and their rights. Not only does that include ample notice which begins with a minimum 180 -days written notice to tenants of the property owner's intention to convert the apartment building to individual units, but also each tenant shall be provided an exclusive right to contract for the purchase of their respective unit on the same or more favorable terms to the general public. As a result of the deficiencies found during the various inspections by the responsible Fire Agency, City Planner and Building Official, required upgrades may include such things as: installation of new windows and doors, upgrade of the existing electrical system throughout the property, replacement of areas damaged by pests, new landscaping and irrigation systems, additional parking to meet the current Zoning Code requirements, sound attenuation material and fire detection and protection systems. Minimum design standards for new subdivisions are also included in the updated Subdivision Code so all newly created subdivisions are consistent with the C:\Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 10 objectives for high design quality set forth in the General Plan, provide for residential neighborhoods and developments that promote healthy living environments and protect the health, safety and welfare of the community. Minimum design standards include: access to parcels, minimum development standards for alleys, cul -de -sacs, turn - arounds, dead end streets, curbs, sidewalks and parkways. Additionally, there are minimum standards for relating a new subdivision to the existing street system already in place. The changes to the chapter have been reviewed and approved by the City's Engineering Division. DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL Currently, the City implements design guidelines for a variety of development throughout the City, however, not all development is subject to design guidelines. The table below identifies the current desiqn guidelines and the proposed design guidelines, and the current landscape design manual and the proposed landscape design manual. TABLE #2 CURRENT AND PROPOSED DESIGN GUIDELINES CURRENT DESIGN PROPOSED DESIGN GUIDELINES GUIDELINES Single - Family Residential Single - Family Residential — The new Development guidelines would replace the existing 3 different types of guidelines for single - family Single - family Detached Residential tract Development types of development and would apply to all new single - family residential construction Single- family Detached Planned including small lot single - family development Residential Development and exterior alterations to any existing dwelling. Multi - Family Residential — These guidelines would apply to all attached multi- family residential development regardless of Multi - Family Residential their type of ownership, including apartments, town homes and condominiums. Smaller infill projects as well as large master planned project are subject to these guidelines. Design Guidelines for Commercial Commercial Guidelines — Guidelines for and Industrial Development within commercial development are separate from the Sierra Vista Redevelopment industrial development. These guidelines Project Area —these guidelines would apply to all new commercial only apply to specific areas and development including exterior alterations and additions to existing developments and are not applicable citywide. CAAmy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 11 CURRENT DESIGN PROPOSED DESIGN GUIDELINES GUIDELINES The City of Irwindale has indicated Irwindale that is located across reflect the City's objectives to improve the Alderson Avenue in Sub Area #2 of the appearance of all commercial areas in Sierra Vista Redevelopment Project Baldwin Park. Industrial Guidelines — Guidelines for 4125 Alderson Avenue —If the current industrial development are now separate from commercial development. These guidelines will apply to all new industrial development including exterior alterations and additions to existing developments and reflect the City's objectives to improve the appearance of all industrial areas in Baldwin Park. Mixed Use Guidelines — These are new auidelines which will be applied to ar'y proposed development in the MU -1 or MU -2 Zones. Landscaping Design Landscape Design Guidelines — These Guidelines, adopted in 1993 to guidelines have been updated to reflect be in compliance with State law. recent changes to State law (AB 1881) which the City is required to comply with. ISSUES FROM THE MAY 11 2011 PLANNING COMMISSION MEETING At the Planning Commission study session on May 11, 2011, time was provided to the Commissioners and audience to ask specific questions about their property or the proposed development standards contained in the Zoning Code Update. For those questions that could not be easily answered, Staff indicated the answers to those questions would be brought forward in the staff report at the time of the public hearing. The table on the next page shows a summary of the questions and staff's response in accordance with the proposed Zoning Code update. TABLE #3 RESPONSES TO QUESTIONS ABOUT THE PROPOSED ZONING CODE UPDATE QUESTION /CONCERN RESPONSE What is the zoning of the property in The City of Irwindale has indicated Irwindale that is located across that this property is zoned M -1, Light Alderson Avenue in Sub Area #2 of the Manufacturing. Sierra Vista Redevelopment Project Area 4125 Alderson Avenue —If the current If the proposed zone change is C: Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Pape 12 QUESTION /CONCERN RESPONSE business leaves the property, would the approved the existing use would property owner be able to lease the become non - conforming. Yes, it property to another similar business? would be able to lease the property to another similar business provided that there is not a lapse of more than 180 days with the new owner obtaining a business license, otherwise the use would be deemed abandoned and the new Zoning Code applies (Section 153.599 of the current Zoning Code). Section 153.600 of the current Zoning Code states that a non - conforming use jhali be abated in I twenty (LO) years. j h warehouse louse use wILI III I LI IC new / -li Would property owners along Arrow Zone would not be permitted. Highway be able to construct a Warehouse uses would be allowed in warehouse in the new I -C Zone? the I Zone with a conditional use permit. Currently, Allan Company's facility is within the / (Industrial) Zone and their use is allowed with approval of a conditional use permit. Based on the proposed Zoning Code update, this zone would be changed to / -C Zone. What would be the status of Allan Within the proposed / -C Zone, Allan Company and what would happen if the Company's use as a recycling facility zone changed? would still be permitted with a conditional use permit and no other recycling facility would be permitted within a radius of 3000' feet. Allan Company has submitted an email addressing the proposed zone change Attachment #3). Cities along the Arrow Highway corridor had discussed a joint powers authority regarding implementing Redevelopment along the Arrow redevelopment along the corridor. Highway Corridor. However, since the status of redevelopment is unknown at the state level, the item has been tabled indefinitely. If a property is /becomes non- The City is not updating the existing conforming, what ordinary repair and section of the Zoning Code dealing C: Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 13 QUESTION /CONCERN RESPONSE maintenance are /would be permitted? with nonconforming buildings, structures and uses. Section 153.608 of the current Zoning Code states: "The ordinary repair and maintenance of a nonconforming building or structure shall be permitted if the cost thereof does not exceed, in any consecutive 12 -month period, an amount equal to one -half or more of the then established assessed value of the building or structure." This same standard applies in the proposed Zoning Code update. Drive -thru establishments See page #7 of this report. PLANNING COMMISSION PUBLIC HEARING JUNE 8, 2011 There were several individuals that spoke at the Planning Commission meeting held on June 8, 2011 about the proposed Zoning Code changes. Most inquiries were for changes to specific properties, which staff was able to answer. In addition, representatives from the California Center for Public Health Advocacy (CCPHA) and the Baldwin Park Resident Advisory Committee (BPRAC) spoke in favor of additional design standards for drive - through establishments. There were also several individuals who spoke about the proposed changes from light industrial to multi - family residential to Alderson Street north of Ramona Boulevard west of the railroad tracks. After hearing all of the public comments and careful deliberation, the Planning Commission discussed changing the area along Alderson Avenue to I -C, Industrial - Commercial. Staff indicated that this zoning designation would be similar to the current zoning designations of C -M, Commercial Manufacturing and I, Industrial. The Chair indicated that the I -C zoning designation for the entire area would be consistent with the uses currently there now and allow for less intensive uses adjacent to the residential uses. After the conclusion of the Commission's discussion the Commission voted 4 -0 to adopt staff's recommendation on all of the entitlements with the amendment to keep the area between 4117 through 4227 Alderson Avenue zoned as IC, Industrial Commercial. As such, staff has modified the proposed Zoning Map to reflect the Planning Commission's request. C:\Amy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP -115, Z -553, and AZC -163 October 5, 2011 Page 14 ILITMI _ A In summary, the Zoning Code, including the Zoning Map, the Design Guidelines, the Landscape Design Manual and the Subdivision Code provide a legislative framework to enhance and implement the goals, policies, plans, principles and standards of the 2020 General Plan. The provisions of the Zoning Code are interpreted and applied as the minimum requirements and the maximum potential limits for the protection of the public health, safety, comfort, convenience and general welfare of the City and its residents. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff and the Planning Commission recommend the City Council open the public hearing, receive any public comments and following the public hearing adopt the following: 1) Resolution 2011 -034, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED COMPREHENSIVE UPDATES TO THE ZONING CODE AND SUBDIVISION CODE, ESTABLISHMENT OF CITYWIDE DESIGN GUIDELINES AND AMENDMENTS TO THE GENERAL PLAN LAND USE POLICY MAP AND ZONING MAP (APPLICANT: CITY OF BALDWIN PARK) "; and 2) Resolution 2011 -035, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP (LOCATIONS: VARIOUS; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AGP- 115) "; and 3) Introduce for first reading Ordinance 1346, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY CAAmy\AMY\WORD \Reports \Council Reports\AGP -115 Z -553 AZC -163 ZC Update #3.doc AGP-1 15, Z-553, and AZC-1 63 October 5, 2011 Paae 15 OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC- 163)"; and 4) Resolution 2011-036, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING CITY-WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: DRG-11-1)." ATTACHMENTS #1, Map Identifying Properties with proposed Zone Changes and/or General Plan Amendments #2, Letter from Christina Cardenas, Regional Advocate Coordinator; CA Center for Public he—alth Advocacy, #3, E-mail from Kara Bouton, representing Allan Company, dated May 11, 2011 #4, Minutes, June 8, 2011 Planning Commission Meeting #5, CD Rom with—All Zoning Code Sections, Subdivision Code, Citywide Design Guidelines and Zoning Map #6, Environmental Information—initial Study & Negative Declaration of Environmental Impact #7, Resolution 2011-034, Negative Declaration of Environmental Impact #8, Resolution 2011-035, Amendments to the General Plan Land Use Policy Map (AGP-1 15) #9, Ordinance 1346, Restated and Amended Chapters 152 and 153, and the Zoning Map (Z-553 and AZC-163) #10, Resolution 2011-036, City-wide Design Guidelines and Landscape Design Manual (DRG 11 -1) CAAmy\AMY\W0RD\Reports\Coun61 Reports\AGP-1 15 Z-553 AZC-1 63 ZC Update #3.doc ilk 9 elk a • s ' / �,p � \ ; / r / . > \ "\ �i Ur•-.. tit �:'—). L.o \� -$rr_ ``�\�• .\ ? �,� /�� r P la��I s .Ili IIJ R3 i II =1 1 II I1 5 �—U R 4 ar�eM LC LL u i f W.. P Y � : $y�s1 = U') c Qi ® = L Q c m =mac a o o E E m N om0a N tQ ® rc� Q 0 Clj m m amcoNES N c a Ua_ cc oc ' ._ o o. m ,-. d,c N p' E EN � wT y N� C7 ® c r a avO�m NEcy Emm�mV a m O o o n. e O m N w C7 m CAN m c mom � o� m .- .m -m c m U CL 0 O i O. N a G X o o c C O O o OC7 w e c._ o c ai 0.21 0.- (,� N C 1 { {{ IL L G N ma O T N .., L 6� O N % t- ma Na / ' / �,p � \ ; / r / . > \ "\ �i Ur•-.. tit �:'—). L.o \� -$rr_ ``�\�• .\ ? �,� /�� r P la��I s .Ili IIJ R3 i II =1 1 II I1 5 �—U R 4 ar�eM LC LL u i f W.. P Y � : i 14419-1 .1 1 • t 0 0 ' I .. IsiEwl May 4, 2010 Dear Amy Harbin, On behalf of the California Center for Public Health Advocacy (CCPHA) and the Baldwin Park Resident Advisory Council ( BPRAC), we respectfully submit to you a request to consider the following information be included in the Zoning Code update. In May of 2010, the City Council adopted an urgency ordinance which placed a moratorium on all drive - through facilities. Subsequently, in June of 2010, the moratorium was extended for an additional nine (9) months specifically for restaurants with a drive - through only. The moratorium request was a result of concern regarding the negative impacts these facilities have on the health and built environment of our community. During a community engagement process, resident advocates from BPRAC provided a series of recommendations its response to a concern with the impact OT drive- through restaurant saturation on public health and walkability. Resident advocates attended walkability workshops hosted by the Local Government Commission (LGC) and CCPHA and discussed the impact of current drive - through design standards to sidewalks in the city. In addition, residents outreached to all city council members and met with council members Marlen Garcia and Monica Garcia to discuss their concerns and efforts to address the impact of drive - through restaurant establishments on their well being and children's safety. Both council members commended and supported the resident's commitment to the issue. On April 27t ", CCPHA staff attended a Planning Commission workshop for the comprehensive Zoning Code update. On behalf of the BPRAC, CCPHA staff spoke during the public comment section to share BPRAC's efforts in supporting the development of a Complete Streets Policy. CCPHA also requested the Planning Commission consider using the period of comprehensive updates to request additional changes to the zoning code to include stricter development standards for drive - through facilities and prohibit drive - through facilities in neighborhood serving zones and the downtown to enhance the aesthetics of streetscapes and to promote pedestrian facilities and walkability. CCPHA staff distributed a handout entitled: "Development Standards for Driveways ", prepared by Paul Zykofsky of the Local Government Commission and provided City Planner Amy Harbin a link to an LGC pedestrian safety presentation to share with the Planning Commission as requested by Chairman James Dexter. After reviewing the Draft Initial Study and Negative Declaration: City of Baldwin Park Comprehensive Updates of the Zoning and Subdivision Ordinances, Establishment of Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments, we learned that the updated zoning ordinance includes regulations addressing specific development standards for all development projects. We request that the development standards for drive - through facilities include additional standards that address the impacts these facilities have on the health and built environment of this community. Such standards fulfill the purpose of "connecting residential uses and everyday goods and services needs within an integrated neighborhood, thereby reducing the impacts to walkability, air quality, circulation, traffic and public health, thus promoting healthier lifestyles, enhance the city's appearance, encourage pedestrian activity and improving the built environment." (as stated in the Draft Initial Study and Negative Declaration) • Develop overlay district that will only allow drive - through facilities within the zones that have direct access to and from the 1 -10 and 605 Freeways. • Consider distance requirements between new and existing drive- through facilities (e.g., require that new drive- through facilities locate at least 1000 feet from existing facilities). • Develop a "Healthy Food Zone ": Public Heath Law and Policy (PHLP) developed a model ordinance that creates a "healthy food zone" by restricting fast food restaurants from locating within a certain distance from any school or other areas children are likely to frequent, such as parks, playgrounds or youth centers. • Prohibit all fast food restaurants, including drive - through, from locations near schools or other areas children are likely to frequent, such as parks, playgrounds, childcare facilities, and youth centers. A number of communities have implemented such a policy, which is designed to protect children from the negative health and safety affects of fast food, and Public Health Law and Policy (PHLP) has developed a model ordinance for creating such "Healthy Food Zones" (See attachment A and also available at http :/f w.n_planonline.org /nplan /products /model - healthy -food- zone - ordinance). • Additionally, consider minimum distance requirements from adjacent sensitive uses such as residential uses and public recreation areas. • Require applicants through a conditional use process to submit additional information to show how the proposed facilities will address the negative impacts to circulation, traffic, air quality, pedestrian environment, healthy food access etc • Limit the total number of drive - through facilities based on designated quadrants in the city. • Establish new standards for site and building design and landscaping that promote active transportation (including walking, bicycling, and transit) and support an attractive, safe built environment. (See attachment B) • Increase minimum lot size requirements to guarantee development standard compliance. Although this list is not exhaustive, the development of stricter standards such as these and others will serve the purpose and goals of the update. Given the fact that the downtown currently prohibits drive - through facilities, expanding restrictions to other zones would continue to advance community goals of improved aesthetics and pedestrian circulation. We recommend amending the zoning code to prohibit drive - through restaurants in ALL zones other than freeway accessible zones and continue to prohibit drive - throughs in the Downtown Commercial Core and the sub areas 2 and 3 of the Sierra Vista Redevelopment project area. i have also attached a report by the Southeastern Regional Planning and Economic Development District: Drive - Through Facilities Review Standards (Part Two: Model Zoning by Laws and Rules and Regulations) that may be used as a template for the update. (See attachment C), In conclusion, the California Center for Public 1-9ealth Advocacy is core Miffed to supporting residents as they strive to improve the health and built environment of their community and continue to serve as a collaborative partner on the complete streets efforts through the RENEW initiative. Through policy advocacy and community engagement efforts, including those that have contributed to the development of this letter, we look forward to supporting the update to the City of Baldwin Park Comprehensive Updates of the Zoning and Subdivision Ordinances, Establishment of Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments. If you have any questions related to this specific request, please contact Regional Advocate Coordinator, Christina Cardenas at 626.962.5900 or cc(o-)-publichealth advocacy. org. On behalf of the resident leaders of BPRAC, we look forward to seeing you at the May 11 th Planning Commission meeting to provide support during the update process. Sincerely, Christina Cardenas Regional Advocate Coordinator CA Center for Public Health Advocacy 14135 Francisquito Ave, Suite 202 Baldwin Park, CA 91706 [t] 626.962.5900 [f] 626.961.1609 ccCa)_publichealthadvocacy.org wvvw.publichealthadvocacy.org cause health does" t tzrsr happen ��MW Page 1 of 1 Amy Harbin From: Kara Bouton [kbouton @allancompany.com] Sent: Wednesday, May 11, 2011 5:31 PM To: Amy Harbin Cc: Jason Young; Stephen A. Young; Brooke Hubbard Subject: Zoning Code Update Ms. Harbin, Thank you for taking the time to discuss the zoning code update with us on Monday. We appreciate the efforts the City has made to try to address our concerns in this matter. However, as I mentioned then, we are an industrial operation and would like the zoning of all our Baldwin Park property to remain strictly industrial. An industrial - commercial zoning designation, indicates to us that the City is looking for a different kind of use for our neighborhood and creates an opportunity for our recycling operations to be edged out by higher end users encouraged by the commercial zoning. We understand that it is only properties on Arrow Highway that will be subject to a zoning change. Our remaining properties will continue as industrial. Therefore, we would like to request that the City reconsider the change in zoning on Arrow Highway and keep the area between Main Street and Bleecker Street consistently industrial. I understand that one option we have is to apply for a General Plan Amendment as it is the General Plan that sets the zoning. This is something we are considering. I look forward to working with you on this matter. Sincerely, Kara Bouton Allan Company 14620 Joanbridge Street Baldwin Park, CA 91706 (626) 962 -4047 (626) 628 -2122 Fax 9/19/2011 � J ■ s CITY OF BALDWIN PARK;;,; WEDNESDAY, JUNE 08, 2011 Planning Commission 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park James R. Dexter II, Chair Angela Alvarado, Vice Chair Ralph Galvan, David L. Muse, Natalie Ybarra Commissioners The Planning Commission of the City of Baldwin Park met in Regular Session at the above time and place. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair James R. Dexter 11, Vice Chair Angela Alvarado, Commissioners Ralph Galvan and David L. Muse. Absent: Commissioner Natalie Ybarra Also Present: Amy Harbin, City Planner, Salvador Lopez, Associate Planner, Jorge Zarza,'Assistant Planner, Marc Castagnola, Community Development Manager and Mayra Vargas, Secretary. A motion to excuse Commissioner Natalie Ybarra was made by Chair James R. Dexter II and seconded by Commissioner Ralph Galvan. All in favor. PRESENTATION Presentation by Representative from Waste Management on the Materials Recovery Facility and Transfer Station in the City of Azusa (corner of Irwindale Avenue and Gladstone Street). Chair Dexter called for presentation Representative presented a PowerPoint slide show of the proposed facility. Chair Dexter asked if Waste Management was the waste hauler for the city of Baldwin Park. Representative replied yes and that all Baldwin Park waste would be going to this facility in Azusa. Chair Dexter asked if Waste Management would be having ways to get the public more into recycling. Representative replied yes. Vice Chair Alvarado asked what will be the hours of operation. Representative replied that the facility will run 24 hours a day. Commissioner Galvan asked what trucks were going to be used for transportation of waste materials. Representative said that the majority was going to be Waste Management trucks, but they were going to allow other truck companies to use the facility to transport waste materials too. Chair Dexter thanked the representative from Waste Management and wished him good luck. PUBLIC COMMUNICATIONS Ken Woods, 4125 Alderson, spoke against the Waste Management project in Azusa. Richard Rascon, 1352 E. Garvey Avenue, spoke against the zoning code updates. He stated that the City was stealing and de- valuating his property again. Greg Tuttle, business owner Baldwin Park, stated that there was going to be too many trucks being used at the Waste Management facility in Azusa. He was not happy. Nicola Filip, <1738 Oakwood Street, Pasadena, stated he owned vacant land in the City and was not happy about the zone being changed on his property. Rosa, 14619 Pacific Ave., wanted her zone to be changed to residential. There being no further comments, Chair Dexter declared Public Communications. CLOSED. CONSENT CALENDAR 1) COMPREHENSIVE UPDATE TO CHAPTERS 152 (SUBDIVISION ORDINANCE) AND 153 (ZONING ORDINANCE), ESTABLISHMENT OF NEW CITYWIDE DESIGN GUIDELINES, AND FOCUSED AMENDMENTS TO THE GENERAL PLAN LAND USE POLICY MAP AND ZONING MAP (LOCATION: CITYWIDE; CASE NUMBERS: AGP -115, Z -553, AZC -163, AND DRG 11 -1). Chair Dexter called for staff report to Commission. City Planner Harbin presented staff report to Commission. Chair Dexter called for Commission questions to staff. There being no questions to staff, Chair Dexter declared Public Hearing OPEN. Ken Woods, 4125 Alderson, spoke against the Zoning Code updates. He is in opposition of the proposed zoning on Alderson and the railroad tracks. Joe Seay, 14846 Arrow Highway, stated that several of their properties will be affected by the new zone changes. The property on Arrow Highway will be affected as well making it more difficult for them to open up a warehouse in the, future. Christina Cardenas, California Center for Public Health Advocacy, thanked Commission an -a' staff. She asked the Commission to re-evaluate the recommendations they made regarding the drive-thru establishments. Maria Gonzales, 13623 Los Angeles St., felt that their recommendations were summarized in the staff report. She stated that she did not want food facilities near schools or parks. Greg Tuttle, business owner, wanted the Commission, to put themselves in the place of the Woods, the Seay's and the Baca's. He spoke for all the families stating that the Commission was wiping them out. Burt Pimentel, 4819 Cutler Avenue resident, spoke about part seven of the staff report. Cruz Baca, corner of Clark and Alderson, spoke against the changing of the zoning in the Alderson area. She believes that the change was un-realistic. She spoke about the traffic congestion and invited the Commission and staff to visit and see the traffic on Alderson. Nicola Filip, 1738 Oakwood Street, Pasadena, stated that City Planner Harbin answered his earlier concerns. Rosa Guerrero, resident, 14619 Pacific Avenue. She stated that she would like a better Baldwin Park for everybody. Amelinda Bass, 14501 Jeremie Avenue, spoke against the zoning code changes. She stated that the changes were not fair. Steven Robleski, 3820 Willow Avenue, spoke against the zoning code changes. He felt that the changes were going to take businesses and homes away from the residents. There being no further interest, Chair Dexter declared Public Hearing CLOSED. City Planner Harbin went over the questions and concerns of the public. Chair Dexter asked City Planner Harbin how many different zones we currently have. City Planner Harbin replied 10-11 zones. Chair Dexter asked if the new changes would simplify the zoning. City Planner Harbin went over the different zones that the City currently has and their uses. Chair Dexter asked how many years staff has been working on these changes. City Planner Harbin replied that it has been 9 years. Chair Dexter stated that staff has been transparent and worked hard on the changes. Commissioner I'Viuse thanked staff for being thorough and informative. He added that the Commission takes their decisions on the zoning matters very seriously. Commissioner Muse added that these changes are not the end, but a new beginning. Vice Chair Alvarado thanked staff and public. She added that she couldn't see the City building apartments or condos along a railroad track. Chair Dexter stated that he would recommend that the properties at 4117-4145 Alderson Ave. remain 1, Industrial Zone, which was the Woods' property. He added that the properties on 4215-4227 Alderson would be changed to I-C, Industrial Commercial and not Multi - Family' Residential zone. City Planner Harbin stated that currently the properties at 4117-4145 Alderson are zoned 1, Industrial Zone and the properties at 4215-4227 Alderson are zoned C-M, Commercial Manufacturing Zone. She stated that the same uses that are allowed in the C-M zone will be allowed in the I-C zone. Chair Dexter called for a brief recess to get exact verbiage. Meeting was paused at 8:37pm. Chair Dexter called the meeting back to session at 8:39pm. Chair Dexter clarified that the properties from Downing 4117-4227 would all be changed and incorporated into the I-C, Industrial Commercial zone and directly across the street from those properties, the proposed plan is to change to I-C so that it will flow Industrial into the Alderson property. a) Motion: Approve Resolution PC 11-11, entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED COMPREHENSIVE UPDATES TO THE ZONING AND SUBDIVISION ORDINANCES, ESTABLISHMENT OF CITYWIDE DESIGN GUIDELINES, AND FOCUSED GENERAL PLAN AND ZONING MAP AMENDMENTS (APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: AGP -115, Z -553, AZC -163, AND DRG 11 -1); and Moved by Chair James R. Dexter 11, seconded by Vice Chair Angela Alvarado. All in favor. As amended by the Commission's discussion regarding the Alderson Avenue. b) Motion: Approve Resolution PC 11 -12, entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP (LOCATION: VARIOUS; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AGP - 115); and fi_ ._ re -- James ^_ Moved by Chair James R. Dexter II, seconded by Commissioner David L. Muse. All in favor. c) Motion: Approve Resolution PC 11 -13, entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN AMENDMENT TO, CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE MUNICIPAL CODE AND THE ZONING MAP (LOCATION: CITYWIDE; APPLICANT; CITY OF BALDWIN PARK; CASE NUMBERS: Z -553 AND AZC -163); and Moved by Chair James R. Dexter 11, seconded by Commissioner Ralph Galvan. All in favor. d) Motion: Approve Resolution PC 11 -14, entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMEDNING THAT THE CITY COUNCIL ESTABLISH CITY -WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN GUIDELINES ( LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: DRG- 11 -1) ". Moved by Chair James R. Dexter 11, seconded by Commissioner Ralph Galvan. All in favor. 2) HOUSING ELEMENT UPDATE (AGP -114) Staff recommends that the Planning Commission, open the public hearing and following the public hearing adopt Resolution PC 11 -10 (APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AGP -114). Chair Dexter called for staff report to Commission. City Planner Harbin stated that Laura Stetson would be presenting the staff report. Laura Stetson from Hogle- Ireland, 201 S. Lake Avenue Suite 308, Pasadena, presented report to Commission. Chair Dexter called for Commission questions to Ms. Stetson. There being no questions from Commission, Chair Dexter declared Public Hearing OPEN. Cruz Baca, resident, spoke for the working homeless residents and asking if there is a plan as to where the City was going to facilitate these people. There being no further interest, Chair Dexter declared Public Hearing CLOSED. Chair Dexter asked City Planner Harbin about the homeless shelters. City Planner Harbin replied that there would be emergency homeless shelters allowed in Industrial Commercial Zone. Commissioner Muse asked if the information received for the Housing Element was taken from the census. City Planner Harbin replied no. There being no further discussion, chair Dexter called for a motion. Motion: Approve "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMENDING THAT THE CITY COUNCIL APPROVE AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008 -2014 PLANNING PERIOD AND ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AGP- 114) ". Moved by Vice Chair Angela Alvarado, seconded by Commissioner David L. Muse. All in favor. REPORTS OF OFFICERS 3) Update on the Materials Recovery Facility and Transfer Stations —Azusa and Irwindale. City Planner Harbin stated that the agenda for Irwindale City Council stated that it would approve a contract with Impact Sciences to prepare a new Draft EIR. City Planner Harbin stated that all of the entitlements for the City of Azusa were approved for their Materials Recovery Facility and Transfer Station. Commissioner Muse asked if the MRF's in the City of Azusa and Irwindale were a done deal and if the residents of Baldwin Park have no say. City Planner Harbin replied no, adding that the MRF in Azusa is much further along than the City of Irwindale. The City of Irwindale is starting again from square one. Commissioner Muse commented that the City of Azusa Materials Recovery Facility would have less of an impact on the City of Baldwin Park than the Materials Recovery Facility of the City of Irwindale. Community Development Manager Castagnola stated that nothing is for sure and that when the EIR is circulated from the City of Irwindale, the City of Baldwin Park would have an opportunity to make our comments on the project. COMMISSION / STAFF COMMUNICATIONS Commissioner Galvan thanked the staff for all their work on the Zoning Code Update & Housing Element. Chair Dexter thanked Laura Stetson and staff for doing a great job. Vice Chair Alvarado also thanked the staff. ADJOURNMENT k-Alair Dexter called for a motion to E- XDiOUrced meeting at 9:011 pm. Motion: Approve ADJOURNMENT Moved by Clair Jaynes R. Dexter ll, secon le I by Commissioner Ralph Galvan. All in favor. Approved as presented by the Planning Commission at their meeting held on July 27, 2011. James R. Dexter II, Chair City of Baldwin Park Planning Division ATTEST: Mayra Vargas, Secretary City of Baldwin Park Planning Division TJ SMA Mal k • I ' ! • es ! #: � 1 a DRAFT INITIAL STUDY D NEGATIVE s ; mmmmik COMPREHENSIVE UPDATES ANT, SUBDIVISION ORDINANCES, ESTABLISHMENT GUIDELINES, FOCUSED GENERAL PLAN AND ZONING 1. AMENDMENTS Lead Agency: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 April 2011 This page intentionally left blank. TABLE OF CONTENTS Notice of Availability and Intent to Adopt a Negative Declaration ................ Draft Negative Declaration ................. ............................... InitialStudy ............................. ............................... ................. General Information .......................... ..... ............................... . Project Description ........................ ............................... Initial Study Checklist ...................... Environmental Evaluation .............. .......... ............................... References ......................... Determination .... - ................................................................................................. ............................... 43 Table 1: LIST OF TABLES LIST OF FIGURES Exhibit 1: Regional Map ...................... . ........................... ............................... Exhibit 2: Vicinity Map ............. ..:............................ . Exhibit 3: Properties with Proposed Zone Changes and /or General Plan Amendments ......................... 7 This page intentionally left blank. NOTICE OF AVAILABILITY AND INTENT TO ADOPT A NEGATIVE DECLARATION FOR COMPREHENSIVE UPDATES OF ZONING AND SUBDIVISION ORDINANCES, ESTABLISHMENT OF CITYWIDE DESIGN GUIDELINES, AND FOCUSED GENERAL PLAN AND ZONING MAP AMENDMENTS DATE: April 18, 2011 TO: Interested Agencies, Organizations, and Individuals Notice is hereby given that City of Baldwin Park has completed an Initial Study for the Comprehensive Updates to the Zoning and Subdivision Ordinances, establishment of Citywide Design Guidelines, and focused General Plan amendments (proposed project, or project) in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the Guidelines for Implementing the California Environmental Quality Act (Government Code Section 15000 et seq.). PROJECT LOCATION: The proposed project will affect all zoning districts throughout the City of Baldwin Park, which is located in the San Gabriel Valley approximately 15 miles east of downtown Los Angeles. The City encompasses approximately 6.8 square miles. DESCRIPTION OF THE PROPOSED PROJECT: The proposed project is the adoption and implementation of the revised Zoning Ordinance (Chapter 153 of the Municipal Code) and Subdivision Ordinance (Chapter 152 of the Municipal Code), establishment of new Citywide Design Guidelines and focused amendments to the General Plan land use policy map and Zoning Map to achieve consistency. The Zoning and Subdivision Ordinances and the new Citywide Design Guidelines implement the General Plan, which was comprehensively updated in 2002. The project is proposed to achieve consistency with and implement General Plan goals and policies. Also, the project involves focused amendments to the General Plan land use policy map and zoning map to reflect adopted policy. The proposed project consists of changes to regulatory documents that guide the development of properties citywide. The project will not directly result in any new construction. POTENTIAL IMPACTS: No potentially significant environmental impacts of the project have been identified. PUBLIC REVIEW PERIOD: Begins: April 18. 2011 Ends:_ Mav 9. 2011 The Initial Study /Negative Declaration is being circulated for public review and comment for a period of 20 days. Any person may submit written comments to the Community Development Department before the end of the review period. If you challenge the City's action in court you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Community Development Department prior to the end of the review period. Comments may be sent by mail, fax, or e -mail to the following address: Amy Harbin, AICP, City Planner Phone: (626) 813 -5261 City of Baldwin Park Fax: (626) 962 -2625 Community Development Department Email: AHarbin @baidwinpark.com 14403 E. Pacific Ave 2 "d Floor Baldwin Park, CA 91706 LOCATION WHERE DOCUMENT CAN BE REVIEWED: The City of Baldwin Park has prepared an Initial Study and a Draft Negative Declaration for the project, pursuant to CEQA. Copies of these documents may be reviewed online at w\&w.baldwinpark.com, or at the following locations during normal business hours: 1) City of Baldwin Park Community Development Department, 14403 E. Pacific Ave 2nd Floor, Baldwin Park, CA 91706; and 2) Baldwin Park Library, 4141 Baldwin Park Boulevard, Baldwin Park, CA 91706. DD� h Amy Harbin, ICP; City lanner City of BAIdwi Park DRAFT NEGATIVE DECLARATION PROJECT: COMPREHENSIVE UPDATES OF ZONING AND, SUBDIVISION ORDINANCES, ESTABLISHMENT OF CITYWIDE DESIGN GUIDELINES, AND FOCUSED GENERAL PLAN AND ZONING MAP AMENDMENTS PROJECT LOCATION: Entire City of Baldwin Park, Los Angeles County, California LEAD AGENCY AND PROJECT PROPONENT: City of Baldwin Park PROJECT DESCRIPTION: The proposed project is the adoption and implementation of the revised Zoning Ordinance (Chapter 153 of the Municipal Code) and Subdivision Ordinance (Chapter 152 of the Municipal Code), establishment of new Citywide Design Guidelines, and focused amendments to the General Plan land use policy map and Zoning Map to achieve consistency. The Zoning and Subdivision Ordinances and the new Citywide Design Guidelines implement the General Plan, which was comprehensively updated in 2002. The project is proposed to achieve consistency with and implement General Plan goals and policies. Also, the project involves focused amendments to the General plan land use policy map and Inning mare to tell @Ct adopted poiioy. The proposed project consists of changes to regulatory documents that guide the development of properties citywide. The project will not directly result in any new construction. A copy of the initial Study is attached. Questions or comments regarding this Initial Study /Negative Declaration may be addressed to: Amy Harbin, AiCP, City Planner Phone: (626) 813 -5261 City of Baldwin Park Fax: (626) 962 -2625 Community Development Department Email: AHarbin @baldwinpark.com 14403 E. Pacific Ave 2nd Floor Baldwin Park, CA 91706 DETERMINATION: The conclusion of the Initial Study is that the project will not cause a significant impact on the environment. A NEGATIVE DECLARATION has been prepared. FINDING OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT: Based on the Initial Study of possible significant effects of the proposed project, it has been determined that the project will not have a significant adverse effect on the environment. Preparation of an Environmental Impact Report is not required. DECLARATION OF COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: This document has been prepared in accordance with the California Environmental Quality Act, Date: Amy Harbigf, Al City Planner City of Baldwin ark PIP - c e, INITIAL STUDY PROJECT: COMPREHENSIVE UPDATES OF ZONING AND SUBDIVISION ORDINANCES, ESTABLISHMENT OF CITYWIDE DESIGN GUIDELINES, AND FOCUSED GENERAL PLAN AND ZONING MAP AMENDMENTS General Information: Project Title: City of Baldwin Park Comprehensive Zoning establishment of Citywide Design Guidelines, amendments (AZC -163, AGP -115, Z -553) 2. Lead Agency Name and Address: City of Baldwin Park Community Development Department 14403 E. Pacific Ave 2"° Floor Baldwin Park, CA 91 706 3. Contact Person: Amy Harbin, AICP, City Planner Phone: (626) 813 -5261 Fax: (626) 962 -2625 E -Mail: AHarbin @baidwinpark.com 4. Project Location: Ordinance and Subdivision Ordinance updates, and focused General Plan and Zoning Map The proposed project will apply to all properties within the City of Baldwin Park. Located in the San Gabriel Valley approximately 15 miles east of downtown Los Angeles, the City encompasses approximately 4,337 acres (6.8 square miles). Abutting the City boundaries are the cities of Irwindale, West Covina, Industry, and El Monte, as well as an unincorporated Los Angeles County Area. Figure 1, Regional Map, shows the City's location within Los Angeles County. Figure 2, Vicinity Map, identifies the city boundaries in a more local context. 5. Permit application(s) for the project: AZC -163, AGP -115, Z -553 6. General Plan Designation /Zoning: N /A; the project affects all General Plan land use designations and zoning districts (zones) 7. Surrounding Land Uses: The City of Baldwin Park is surrounded by the cities of Irwindale, West Covina, Industry, and El Monte and unincorporated Los Angeles County. Surrounding development includes residential, commercial, mixed use, public, industrial, and open space uses. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments "`�� •fir "S^R �\ "iA. vs ,�q� M }*'�5. '.•'�'y.. 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I' 1? iontd s le d r � + kE � ra'DJ'i:h Q'7'Ca ''� +d.. ✓UlesupU Rfi" %r3 fi8t ter; l T q e a� -r`� r"` i'` f y `` VDCaCi,l-f21Rid�b ,r^^ •''allriQa '°�,'"tr k 'al nut t a 18 s F: r In ustry Soyth�_'San,Jose M, ills FYI= aw&rs �s'�,.'�:.t ,�� ii�Ct-�..�tepJ•tl's� °1L%fi�5 � ^-- �;- ;..,� -` �.,i' I� :.�`:'. f / u �. t PDVJI trtd H =Igrlifi r :y7�+t "L�v VIhitt a f bra Heights � u� r r < Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments '.IJOI i $ca7e Regional fo aP . Exhibit t 21 P a c , Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments ry %rwscai< Vicinity Maps . Exhibit 2 3 1 P 6 2,x: 8. Project Description Overview The City of Baldwin Park adopted a comprehensive General Plan update in 2002. The update introduced new policies, goals, and land use designations to enhance the City's character and facilitate adoption of more modern planning practices. The General Plan update created a foundation for future revisions to the City's Zoning Ordinance (Chapter 153 of the Municipal Code) and the Subdivision Ordinance (Chapter 152 of the Municipal Code), and created a framework for Citywide Design Guidelines to replace the brief guidelines that exist for multifamily residential and commercial development. The General Plan guides the City toward a future envisioned by residents, and the Zoning Ordinance (including the Zoning Map), Subdivision Ordinance, and Citywide Design Guidelines are the primary regulatory tools that help the City achieve that vision. In addition, the City proposes minor amendments to the General Plan Land Use Policy Map that were identified as "clean up" changes during the process of conducting a comprehensive General Plan maplzoning map consistency analysis. As its title General Plan suggests; the General plan is general in ,nature. The Zoning Ordinance Is the planning document used dais b those who yam, Y Y o implement the General Flan. The Zoning Ordinance specifies allowed uses, their location, development standards, and the implementation of standards. The Subdivision Ordinance detaiis regulations for the design, development, and improvement for the legal division of land, and for the required infrastructure improvements associated with land divisions. The Citywide Design Guidelines provide illustrative examples of the desired appearance for all types of development, from site planning to architecture and landscaping. The Citywide Design Guidelines establish City expectations and requirements for quality design. The common theme among these documents is that they regulate how development projects must proceed. Alone or in combination, the documents in and of themselves do not create physical impacts on the environment. They regulate unified and coordinated development processes; individual projects may have the potential to result in environmental impacts. However, through the application of these documents, development projects and land uses will achieve General Plan goals and policies established for the community, which are designed to enhance residential neighborhoods and business districts and lessen environmental impacts. Consistency Requirement State planning law requires consistency between the General Plan and zoning regulations and in particular, between the General Plan Land Use Policy Map and zoning districts. For example, General Plan multiple- family residential land use designations will typically include a range of expected housing types with minimum and maximum densities. In turn, the Zoning Ordinance will establish one or more zoning districts (referred to as zones in the new Zoning Ordinance) within the range of established density requirements in the General Plan. In addition, the Zoning Ordinance will provide exact development standards for each particular multiple- family zone, specifying lot size and shape requirements, minimum unit sizes, open space standards, and parking needs. State planning law says that consistency creates compatibility between the General Plan and zoning regulations by aligning objectives, policies, land uses, and established programs. Section 65860 further requires that when non - conformance occurs, the zoning regulations shalt be brought into conformance with the General Plan within a reasonable amount of time. Details of Proposed Project Components Zoning Ordinance Chapter 153 (Land Use) of the Baldwin Park Municipal Code has been comprehensively updated to: 1) achieve consistency with the General Plan, 2) clarify and streamline administrative review processes, 3) reflect modern land use provisions and development standards, and 4) make the Zoning Ordinance Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design, Guidelines. and Focused Genera! Plan and Zoning leap Amendments 41 _ . easier to use and implement. The most apparent change is the use of tables and graphics to simplify the document for easier reference. Other changes include the elimination of duplicative zones, creation of new Mixed Use zones to implement General Plan policy, and incorporation of development standards for specific elements associated with development projects. Duplicative zones have been eliminated and incorporated into other similar zones. The Office - Industrial (0-1) zone is being eliminated and will be incorporated into the Industrial- Commerciai (C -1) zone. Individual office uses will now be allowed in several different zones as well as the C -1 zone. This change will provide flexibility in the types and sizes of offices that can be established in various zones, and will allow certain office uses that serve City residents to locate in closer proximity to residential districts, with the potential to eliminate unnecessary vehicle trips and provide convenience. The Central Business District (CBD) zone will also be eliminated and replaced with the Mixed Use 1 and 2 (MU -1 and MU -2) zones. Mixed use zones allow most of previously allowed commercial and retail uses, but also allow residential units in conjunction with the overall development proposal. Lastly, the duplicative Commercial - Manufacturing (C -M) zone will be deleted with some uses included with the C -1 zone. The new zones, and specifically the MU -1 and MU -2 zones, are created to employ modern p1=r.r,- practices and to meet broader State objectives for sustainable development approaches mandated by Assembly Bill 32 (Health and Safety Code Section 38600 et seq.) and Senate Bill 375 (Transportation Planning: travel demand models; sustainable communities strategy; environmental review). The new Mixed Use zones will facilitate an integrated planning approach designed to connect residential uses and everyday goods and service needs in a central location within an integrated neighborhood, thereby reducing the vehicle trips associated with shopping, entertainment, and dining; reducing air quality impacts and greenhouse gas emissions; promoting healthier lifestyles; and lessening the impact on the surrounding circulation system. The updated Zoning Ordinance includes regulations addressing specific development standards for all development projects. The new sections include updated regulations for the size and placement of fences and walls; regulations detailing the location, amount, and standard size of parking stalls; requirements relating to the design, maintenance, and installation of landscape and irrigation systems, including water conservation measures; and the regulation of signage to promote high - quality urban design, enhance the City's appearance, and encourage pedestrian and traffic safety. Pursuant to State housing law and the Health and Safety Code, the updated Zoning Ordinance includes provisions for family day -care facilities, second dwelling units, and emergency shelters. Changes to the Zoning Map and General Plan Land Use Policy Map A by- product of the Zoning Ordinance zone modifications and 2002 General Plan Land Use Policy Map are related changes to the Zoning Map. The Zoning Map is a graphical representation of each zone. The elimination of zones and establishment of new zones to implement General Plan policies requires modification of the Zoning Map, Exhibit 3, Properties with Proposed Zone Changes and /or General Plan Amendments, indicates where zone changes are proposed either to achieve consistency with General Plan land use policy or to reflect elimination /combination of existing zones. As part of the analysis the City undertook to identify General Plan /Zoning Map inconsistencies, City staff discovered minor clean up amendments needed for the General Plan Land Use Policy Map. These proposed amendments are also shown on Exhibit 3. initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Nap Amendments sIL:r44: This page intentionally blank Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 6 1 P a c e. � }f /aG /)\ 22 { It » §\» �§ f \ \� ( \/ \\ \� 2/ I ;§ { }\ \ This page intentionally blank Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 8 l The proposed map changes either implement established land use policy or reflect established land uses and thus do not represent substantive changes. All previous General Plan designations were evaluated in the Certified Final Environmental Impact Report (FEIR) for the City of Baldwin Park 2020 General Plan Update (State Clearinghouse No. 99011014). Subdivision Ordinance Chapter 152 (Subdivisions) of the Municipal Code is being modified to add clarity and reflect provisions of the State Subdivision Map Act (Government Code Section 64410 et seq.). The proposed modifications are not considered substantial in relation to physical impacts, as the document will only provide guidance for the processing of subdivision maps. The proposed changes include inserting references to the State Subdivision Map Act, defining final acting authority on various applications submitted in connection with the Act such as lot line adjustments or parcel maps, and adding clarifying language for ease of use and understanding. The City has also added provisions for residential condominium conversions, commercial condominiums, and design standards for new residential subdivisions. Citywide Design Guidelines The City also rnlans adoption of C ywide Design Guidelines to complement the changes proposed in the Zoning and Subdivision Ordinances. The Design Guidelines will further enforce development standards to achieve quality design and encourage property maintenance. The Design Gulr'e'in=- include __ . vJiSs for all types of development; they address site design, architecture, landscaping, and overall integration of design themes within a development. The goal is to encourage design character, increase property values through increased investment in existing and proposed buildings, integrate environmental considerations through design applications, and create quality mixed -use districts. Individual projects will be influenced by the Guidelines. 9. Framework for Environmental Analysis This Initial Study has been prepared to analyze the potential effects resulting from changes to the Zoning Ordinance proposed to achieve consistency with the Baldwin Park 2020 General Plan . In addition, this document analyzes the effects associated with adoption of proposed revisions to the Subdivision Ordinance, establishment of Citywide Design Guidelines, and focused General Plan and Zoning Map amendments to achieve General Plan /zoning consistency. The action of adopting these documents and revising the General Plan land use policy map will not directly create any environmental impact, as adoption will not result directly in any construction activity. The provisions of the Zoning Ordinance, Subdivision Ordinance, and Citywide Design Guidelines will be applied to land use and development proposals, either on a ministerial or discretionary basis, as dictated by the terms of each document. No direct physical impacts on the environment are related to instituting the new standards within the updated Zoning Ordinance and Subdivision Ordinance, by establishing Citywide Design Guidelines, or through focused amendments to the General Plan land use policy map or Zoning Map to achieve consistency. Development proposals by land owners and their authorized agents will introduce the potential for physical impacts. Thus, the Ordinances and Design Guidelines could facilitate projects, the construction of which could produce environmental effects. Potential impacts are analyzed in this initial Study within this framework. Tiering upon General Plan EiR Tiering involves the incorporation by reference of generalized discussions from a previous Environmental Impact Report (EIR) into a subsequent environmental document in order to focus the discussion within the subsequent document on issues specific to the action under review. Section 15152 of the California Environmental Quality Act states clearly that agencies are encouraged to tier environmental analyses to avoid repetitive discussion within subsequent environmental documents and focus on issues directly related to the topic of evaluation. Using the tiering process does not allow for avoidance of a discussion related to issues directly affected by an action, but does limit the examination of issues to those that were not addressed in a previous EIR, and should incorporate measures designed to reduce or avoid initial Study for Comprehensive updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused Genera' Plan and Zoning Map Amendments 9 lr a C c. environmental impacts. Tiering is appropriate in situations where the proposed action is consistent with the General Plan or where changes in zoning will produce conformity with the General Plan. This Initial Study is tiered upon the certified Final EIR (FEIR) for the 2002 City of Baldwin Park 2020 General Plan Update (State Clearinghouse No. 99011014). The comprehensive revisions to the Zoning Ordinance, revisions to the Subdivision Ordinance, and the Citywide Design Guidelines have been prepared to implement General Plan goals, policies, and implementation programs. Thus, the impacts associated with the long -term implementation of the General Plan through the Zoning Ordinance, Subdivision Ordinance, and Citywide Design Guidelines largely have been analyzed in the prior General Plan FEIR. This Initial Study focuses on assessing any changed conditions since 2002 certification of the General Plan FEIR that may result in new environmental effects not previously identified, 10. Other Public Agencies Whose Approval Is Required No other approvals are necessary from any public agencies. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General flan and Zoning Map Amendments 10 '! � INITIAL STUDY CHECKLIST The Checklist presented in this Section follows the Checklist format and presentation of information identified in the CEQA Guidelines, Appendix G. Potential environmental effects of the project are classified and described in the checklist under the following general headings: • "No Impact" applies where the impact simply does not apply to projects like the one involved. For example, if the project site is not located in a fault rupture zone, then the item asking whether the project would result in or expose people to potential impacts involving fault rupture should be marked as "No Impact." • "Less- Than - Significant Impact' applies where the impact would occur, but the magnitude of the impact is considered insignificant or negligible. For example, a development which would only slightly increase the amount of surface water runoff generated at a project site would be considered to have a less- than - significant impact on surface water runoff. • "Potentially Significant unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "! �� ' �� -- Significant impact.' incorporated mitigation measures must be outlined in the checklist, and a discussion must be provided which explains how the measures reduce the impact to a less -than- significant level. This designation is appropriate for a Mitigated Negative Declaration, where potentially significant issues have been analyzed and mitigation measures have been recommended. • "Potentially Significant Impact" applies where the project has the potential to cause a significant and unmitigatable environmental impact. If there are one or more items identified as a "Potentially Significant Impact," an EIR is required. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning 14ap Amendments '1iF "ice MN Substantiation: a) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic vistas within the City. The project does not propose the construction of any new structures that could block views. New development standards and regulations in the updated Zoning Ordinance are consistent with maximum density and intensity allowances permitted by the Baldwin Park 2020 General Plan. Therefore, the proposed project will have no impact on scenic vistas.' b) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic resources within the City's planning area.2 The California Department of Transportation (Caltrans) does not list any highways within the City of Baldwin Park as officially designated scenic highways.3 The project does not involve the removal or alteration of any scenic resources. Adoption and implementation of the Zoning and Subdivision Ordinances, Citywide Design Guidelines, and minor map amendments will have no impact on scenic resources within view of any State Scenic Highway. C) No Impact. The updated Zoning and Subdivision Ordinances and Citywide Design Guidelines are intended to provide a framework for future development projects to implement during site and architectural design. The new standards contained within each document will improve the appearance of the City and accomplish the goals and policies established in the General Plan for urban design. No construction will be afforded through adoption of the standards contained in any of the documents. The visual character of the City will not be degraded through implementation of the updates to the Zoning and Subdivision Ordinances or new Citywide Design Guidelines. Baldwin Park General Plan 2002, Open Space and Conservation Element (p. asc -1). 21bid, 2 California Department of Transportation, California Scenic Highway Mapping System, (http: / /www. dot. ca. gov /hq /LandArch /scenic/schwy.htm) Consulted 2/1/2011. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 12i, -fie Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less-Than- Significant No Impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, X including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect the day or X nighttime views in the area? Substantiation: a) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic vistas within the City. The project does not propose the construction of any new structures that could block views. New development standards and regulations in the updated Zoning Ordinance are consistent with maximum density and intensity allowances permitted by the Baldwin Park 2020 General Plan. Therefore, the proposed project will have no impact on scenic vistas.' b) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic resources within the City's planning area.2 The California Department of Transportation (Caltrans) does not list any highways within the City of Baldwin Park as officially designated scenic highways.3 The project does not involve the removal or alteration of any scenic resources. Adoption and implementation of the Zoning and Subdivision Ordinances, Citywide Design Guidelines, and minor map amendments will have no impact on scenic resources within view of any State Scenic Highway. C) No Impact. The updated Zoning and Subdivision Ordinances and Citywide Design Guidelines are intended to provide a framework for future development projects to implement during site and architectural design. The new standards contained within each document will improve the appearance of the City and accomplish the goals and policies established in the General Plan for urban design. No construction will be afforded through adoption of the standards contained in any of the documents. The visual character of the City will not be degraded through implementation of the updates to the Zoning and Subdivision Ordinances or new Citywide Design Guidelines. Baldwin Park General Plan 2002, Open Space and Conservation Element (p. asc -1). 21bid, 2 California Department of Transportation, California Scenic Highway Mapping System, (http: / /www. dot. ca. gov /hq /LandArch /scenic/schwy.htm) Consulted 2/1/2011. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 12i, -fie d) No Impact. The proposed project does not involve any construction project. Section 153.140.040 of the updated Zoning Ordinance includes regulations to minimize light and glare impacts of any development projects. Any project undertaken will require review by designated review authorities to enforce these standards and the new Citywide Design Guidelines. No impact will result. Potentially Significant Impact Potentially Significant Unless Less -Than- Mitigation Significant No Incorporated Impact Impact II. AGRICULTURE AND FOREST RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in cci=gcirr, irnr +& �..._ y „runts on agriculture and farmland. In - determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and the forest carbon measurement methodology provided in the Forest Protocols adopted by the California Air Resources Board. Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), X as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause X rezoning of, forest land (as defined in Public Resources Code section 12220(g)) or timberland (as defined in Public Resources Code section 4526)? d) Result in the loss of forest land or conversion of forest land to non - forest use? X Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused Genera, Pian and Zoning Map Amendments i31P g Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? Substantiation: Less -Than- Significant No Impact Impact 0 a) No Impact. The City has no agriculturally designated land use designations or zones,' and no major farm operations remain in the City. According to the C_:alifornin riivizin„n of Fan- ;;land ivlapping and Monitoring Program, no lands within Baldvvin Park are designated as farmland of local or statewide importance, unique farmland, or prime farmland.' No impact will result. b) No Impact. The City has no zones specifically intended for agricultural production, and no major farm operations remain in the City. The California Department of Conservation indicates that no Williamson Act contracts exist in the City of Baldwin Park;' as such, no impact will result. c -d) No Impact. Baldwin Park is a fully urbanized community, with vegetation limited to street trees and groundcover in local parks and on private properties. The City had no areas designated for forest land or timberland prior to this project, and therefore does not propose any rezonings that would affect any such areas. The Land Cover Mapping and Monitoring Program (LCMMP) identified one area in Baldwin Park as potential forest land, Barnes Park.' The LCMMP is a satellite photo survey conducted jointly by the California Department of Forestry and Fire Protection and the United States Department of Agriculture Forest Service Region B. As such, areas are often identified through this program as forest land that are actually urban parks with limited hardwood trees. Barnes Park is generally composed of turf for field sports and a playground, and is not considered forest. No forest or timberland exist in Baldwin Park; no impact will result. e) No Impact. No farmland or forest land exists within the City of Baldwin Park; thus, no conversion of any land use will affect farmlands or forest land. No impact will occur. a Baldwin Park General Plan 2002, Land Use Element (p. LU -24 to LU -27). s California Department of Conservation, Farmland Mapping and Monitoring Program. FMMP Survey Area. ( http : / /vww,consrv.ca.gov /dlrp /fmmp /overview /survey_area_map.htm), Consulted 2/112011. California Department of Conservation. Williamson Act Program. (ftp: / /ftp.consrv.ca.gov/ pub /dirp /FMMP /pdf 12008 /los08.pdf). Consulted 2/112011. ' California Department of Forestry and Fire Protection and the USDA Forest Service. California Land Cover Mapping and Monitoring Program (LCMMP) (http: / /frap.cdf.ca.gov/ projects /iand_coverlindex.htmf). GIS data mapped 4/712010. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 141P a E, e Potentially Significant Impact Potentially Significant Unless Less -Than- Mitigation Significant No Incorporated Impact Impact Ili. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air X _. quality violation? c) Result in a cumulatively considerable net v increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial % pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Substantiation: a) No Impact. The City of Baldwin Park is located within the South Coast Air Basin (SCAB). Air quality in the basin is poor due to its meteorological setting and substantial amount of pollutant emissions. The Basin is considered a "non- attainment" area for ozone and fine particulate matter (PM2.5)8. The Basin is under the Jurisdiction of the South Coast Air Quality Management District ( SCAQMD), which has primary responsibility for non - vehicle related air quality management. The California Air Resources Board (CARE) has primary oversight regarding vehicle related emissions. In a joint effort, SCAQMD and CARB adopted the 2007 Air Quality management Plan (AQMP), creating policies and programs to address regional air quality. The AQMP contains pollution reduction strategies, which are targeted at reducing direct emissions of NO,,, PM2,5, SO,, and volatile organic compounds (VOCs) generated by mobile sources such as light and heavy -duty trucks, ships, aircraft, and passenger vehicles, as well as off -road machinery such as construction equipment and consumer products such as aerosol sprays and paints. Key control strategies rely on more efficient combustion engine exhaust systems, lower emission propulsion systems, use of cleaner alternative fuels, and limits on total emissions from various sources. The proposed project will have no affect on air quality since none of the project components will result directly in any development project. The development regulations and guidelines in the document implement several General Plan goals and policies relating directly to air quality and 'South Coast Air Quality Management District Final 2007 Air Quality Management Plan. June 2D07 (p. ES -1). Initial Study for Comprehensive Updates of Zoning and Subdivision, ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Nap Amendments 151Pcce greenhouse gas emissions, including facilitation of land use development patterns (mixed use) that can reduce vehicle miles traveled and application of environmental building design for passive heating and cooling of interior spaces. Long -term application of the new standards for development projects will aid in the attainment of goals and policies of the General Plan, adopted in 2002. Consistency between the City's land use and transportation policies and the regional AQMP were previously examined in the General Plan FEIR, certified in 2002. Impacts were determined to be less than significant. Implementation of the mitigation measures adopted for the Baldwin Park General Plan goals and policies and related EIR were found to reduce the air emission impacts. The proposed project advances the goals and policies of the adopted General Plan. Adherence to the goals and policies and the proposed standards for adoption would not impact air quality and would not conflict with or obstruct implementation of the applicable air quality plan. b) No Impact. The proposed project will guide how future proposed projects are developed, but will not authorize any plan or project for construction. The standards and directives contained within the documents would not result in any direct emissions that would contribute to an existing or potential violation of an air quality standard. None of the documents comprising the project include any provisions that would supersede or otherwise conflict with rules and procedures governing assessment or control of air pollutant em ssions. Any f:a`ure o popcoeu development projects will be required to adhere to all General Plan goals and policies set forth in the 2020 General Plan. Potential emissions would, therefore, not exceed levels anticipated in the General Plan EIR, and no new or more significant impacts relative to air quality standards would result from the proposed project. c) No Impact. The Basin is currently designated as non- attainment with respect to federal and state ozone standards, as well as federal fine particulate (PM2.5) standards. Ozone levels result from complex set of photochemical reactions stemming from a combination of regional meteorological conditions and basin -wide emissions of a variety of pollutants, including oxides of nitrogen and carbon monoxide. Fine particulates are emitted in the form of fugitive dust and as a component of vehicle exhaust. The General Plan EIR concluded that long -term mobile and stationary emissions associated with implementation of the 2020 General Plan would contribute to a significant and unavoidable air quality impact, given the City's location within a non - attainment region. The proposed project would not result in the emission of air contaminants beyond those anticipated in the General Plan EIR. The documents put in place new and revised standards for development projects to abide by, and support General Plan policies and goals intended to reduce air quality impacts. All development projects will be required to meet the requirements of the Zoning and .Subdivision Ordinances and Citywide Design Guidelines, as well as goals and polices in the adopted General Plan and all mitigation measures included to alleviate impacts associated with emissions. Current measures used for the control of air emissions such as SCAQMD Rule 403, which requires control of fugitive dust generation, will continue to be enforced and included as methods to control pollutant emissions. Furthermore, land uses and design standards included in the Zoning and Subdivision Ordinances and Citywide Design Guidelines are aimed at implementing recent State legislation to encourage a reduction in the need for vehicle trips and facilitate improved urban planning practice. The City of Baldwin Park is incorporating two mixed -use zones into the revised Zoning Ordinance in conformance with General Plan goals and polices. The Mixed Use zones will allow the City to take advantage of the benefits afforded by a mix of residential and commercial uses to achieve a reduction in the need to travel by car for typical everyday goods and services such as groceries, entertainment, and dining. By locating the land uses in close proximity, air emissions from vehicles are minimized, healthier communities are created, impacts to the circulation system are lessened, and sprawl is reduced. The City has also located Mixed Use zones near the Metrolink rail line, which will help to encourage a greater reduction in air pollutant emissions through use of mass Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan, and Zoning Map Amendments 161raCE transit for work commutes. The Citywide Design Guidelines include environmental design elements such as building orientation for passive heating and cooling, light - colored roofs and pavements, and strategically placed shade trees to reduce energy consumption and reduce greenhouse gas emissions. The Subdivision Ordinance also includes standards for site design with regard to passive heating and cooling. Baldwin Park will continue to cooperate with SCAQMD and SCAG to implement the goals of the General Plan Air Quality Element and the AQMP. Transportation control measures included in the adopted General Plan focus on reducing the number of trips, improving traffic flow, and utilizing alternative methods of transportation, all of which help reduce total emissions that contribute to ozone and particulate levels in the region.' Implementation of the proposed project would not change or otherwise interfere with pollution control strategies and would not change any of the impacts anticipated in the General Plan EIR. The documents would not by themselves or in conjunction, therefore, have considerable effects on the levels of regional ozone or particulates. d) No Impact. Sensitive receptors include children, the elderly, pregnant women; and tho- - with existing health problems that are affected by air pollution.'0 The revised Zoning Ordinance promotes new land uses and regulations consistent with General Plan goals and policies and is designed to alleviate air quality r C_ fhre;;gy a r"Au ,inn "' �. .�uu i". I.. venicle miies traveled in personal vehicles and siting of land uses in close proximity to public transportation and essential goods and service establishments. The Citywide Design Guidelines will create a positive unified and aesthetically pleasing developed environment. The Subdivision Ordinance only specifies new approval authority for individual application and includes elements for conformity with existing State Law and will not impact air quality, Individual projects will be required to adhere to the new standards contained in the project documents to ensure individual development projects are consistent with the goals and policies contained in the General Plan and established to minimize impacts on air quality within the City and region. This project would not result in any adverse air quality impacts to sensitive receptors. e) No Impact. The land uses specified in the Zoning Ordinance would not typically be expected to create substantial odors; only inappropriate disposal practices would create unwanted odors. All future applicants would be expected to conduct business operations in accordance with currently accepted practices and adhere to City policies regarding odor control. Businesses operated in the City of Baldwin Park must store waste in approved covered receptacles and contract with the prescribed disposal company to routinely remove all waste produced at the site to a municipal waste disposal facility. Adherence to existing City regulations will limit the escape of odors to the open air. No new odor sources would result from adoption of the proposed project. S Baldwin Park General Plan FEIR, 2002 (p. 43). 10 California Air Resources Board. Air Quality and Land Use Handbook: A Community Health Perspective, April 2005 (p.9). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning l0ap Amendments i7 j e Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated IV. BIOLOGICAL RESOURCES, Would the Project: a) Have a substantial adverse affect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse ^ff of _ riparian habitat or other sensitive Vnatural community identified in local or regional plans, polices, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) though direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f} Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Substantiation: Less -Than- Significant No Impact Impact EN 0 X 9 M X a) No impact. The City of Baldwin Park is highly urbanized and built out, with no forest, river, wildlife, or similar resources. " As such, no unique, rare, or endangered species of animals or plants exist " Baldwin Park General Plan 2002, Open Space and Conservation Element (p. OSC -5). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines. and Focused General Plan and Zoning Map Amendments 181.vac. within the City.12 Therefore, the project will have no impact on endangered, threatened, or rare species or their habitats; or locally designated species. b) No Impact. The City is highly urbanized and built out. What open space does exist is in the form of managed parks and recreational areas. Information included in the 2002 General Plan FEIR indicates that Baldwin Park does not contain any natural areas that support riparian or other sensitive natural communities. C) No Impact. Since Baldwin Park is fully urbanized, there are no remaining natural wetlands. Existence of small areas of artificially created wetland conditions due to urban runoff and storm drainage systems is considered possible, but unlikely. Adverse impacts to wetlands would not occur as a result of implementing the proposed project. d) No Impact. Given its built -out, urban character and the fact that Baldwin Park is surrounded by urban communities, no wildlife dispersal or migration corridors or wildlife nursery sites pass through or exist within Baldwin Park. Thus, the project will have no impacts on the migaation of native or I species. e) No Imp - -t. �evtiv n 153.565 tier oiagh i bo.575 of the Baldwin Park Zoning Ordinance govern tree protection in the City of Baldwin Park. These sections of the Zoning Ordinance, adopted in 2010. are carried forward into the Zoning Ordinance update and are substantively the same. The project will have no impact on preservation or conservation plans. f) No Impact. No Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan applies to any property within Baldwin Park. Thus, no impact will result. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as X defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource X pursuant to §15064.5 c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? "2 Baldwin Park General Plan FEIR, 2002 - Appendix A, initial Study (p. 19). California Department of Fish and Game. Natural Community Conservation Planning. ( http : / /www.dfg.ca.gov /habcon /nccp /status /) Consulted 4/11/2011. 14 U.S. Fish and bVidlife Services. Habitat Conservation Plans: Regional Summary Report. ( http : / /ecos.fws.gov /conserv_piansl) Consulted 4111/2011. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning I ✓rap Amendments 19 1 F a r e Substantiation: a) No impact. The Baldwin Park Historical Society has identified several structures of regional and local importance. These are listed in the Baldwin Park 2020 General Plan and recommended for preservation.15 In addition, the City's Zoning Code contains a Historic Designation Section that protects and encourages preservation of the City's heritage. This project does not propose any changes to historic designations of any recognized historical sites or structures, and would not change or have any effect upon the City's existing preservation objectives or policies. This project would not authorize any adverse impacts to a historical resource. The proposed Citywide Design Guidelines encourage rehabilitation of existing buildings, some of which may be already designated as historic or could be considered historic. Impacts associated with any individual rehabilitation project on known historic resources would be analyzed at that time. Therefore, no impact would occur. b) No impact. The City of Baldwin Park is largely built out and does not contain any known archeological resources.16 Previous construction and other human activities have 'likely disturbed or destroyed any archaeological resources that may have been present in the past. The potential for uncovering such significant resource within the city is therefore considered remote, and no iMpact is anticipated as a result of this project. c) No Impact. The City of Baldwin Park is largely built out and does not contain any known paleontological resources (plant and animal fossils).17 Previous land development and other human activities have likely disturbed or destroyed any paleontological resources that may have been present in the past. The potential for uncovering significant paleontological resources during new construction or redevelopment projects is therefore considered remote. Since this project would not authorize any plans for construction or redevelopment, it would have no direct effects on paleontological resources. Therefore, no impact would occur. d) No Impact. This project would not authorize any plans for development/construction or redevelopment; therefore, it would have no impact on human remains. Procedures to notify the County Coroner and Native American representatives are implemented in accordance with California Health and Safety Code Section 7050.5 for all development projects within the City. The update to the Zoning and Subdivision Ordinances, establishment of Citywide Design Guidelines, and minor map adjustments to General Plan and Zoning Maps will not authorize construction or physically disturb any site within the City. Therefore, no impact would occur to human remains. $ Baldwin Park General Plan 2002, Open Space and Conservation Element (p. OSC -7). 6 Baldwin Park General Plan FEIR- Appendix A, Initial Study (p. 19). t7 Baldwin Park General Plan FEIR- Appendix A, Initial Study (p. 19). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design, Guidelines, and Focused General Plan, and Zoning Map Amendments 20 1 Potentially Significant Impact Potentially Significant Unless Less -Than- Mitigation Significant No Incorporated impact Impact 101. GEOLOGY AND SOILS. Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoninn Mart issued by the State Geologist for the area or based on other substantial evidence of " no ~r =n fault? Referto Division 0T .Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic - related ground failure, including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a X result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in X Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting X the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citvwide Design Guidelines, and Focused General Plan and Zoning ivlap Amendments 211P c c. Substantiation: a) No Impact. No active faults traverse the City of Baldwin Park.'$ No portions of Baldwin Park are located with a State- designated Alquist - Priolo Earthquake Hazard Zone.,9 The proposed project includes updates to the Zoning and Subdivision Ordinances, establishment of Citywide Design Guidelines, and minor map adjustments to the General Plan and Zoning Maps for consistency purposes. The proposed project is a series of policy documents that will not directly result in any new construction. Policy implementation will not authorize any construction within the City. As such, no impact would result, ii and iii) No impact. The proposed project is a series of policy documents that will not directly result in any new construction. The project establishes development regulations for all development activity. Based on Baldwin Park's location within the seismically active Southern California region, existing and future structures would be susceptible to ground shaking events. Any future construction will be required to ernnlnv hiiilµlinn set f.. L- «- City's r• -� y ua get IU1 L! 1 Ir1 Lilt' 1,,J S Bullcsing Code, including specific provisions for seismic design of structures. No impacts associated with ground shaking or liquefaction would occur from implementation of the updates to the Zoning and Subdivision! Ordinance, establishment of Citywide Design Guidelines, or focused General Plan and Zoning Map amendments. iv) No Impact. Baldwin Park's topography is relatively flat, with no canyons or steep topographic incisions within the City. Impacts involving landslides or mudflows would not occur. 20 b) No Impact. The project consists of adoption of policy documents that will not result directly in the construction of any development. The City of Baldwin Park is highly urbanized, with very few vacant parcels that could generate significant erosion or topsoil loss. Temporary disturbance of soils associated with any future potential development is controlled through routine compliance with a Storm Water Pollution Prevention Plan (SWPPP), as required under the National Pollutant Discharge Elimination System (NPDES) General Construction Permit. The proposed project will not put any policies in place that would increase soil erosion or result in the loss of topsoil. c) No Impact. Liquefaction and seismically induced settlement or ground failure are generally associated with strong seismic shaking in areas where ground water tables are at relatively shallow depths (within 50 feet of the ground surface) and/or when the area is underlain by loose, cohesionless deposits. Data provided by water service providers in Baldwin Park indicate that the depth to groundwater is more than 50 feet. Therefore, the potential for liquefaction is considered low', The proposed project will not directly result in the construction of buildings within any area that could lead to damage from liquefaction, subsidence, landslide, or collapse. All development projects pursuant to Zoning and Subdivision Ordinance regulations will be required to adhere to the development standards contained in the California Building Code or Uniform Building Code to prevent hazardous soil conditions that could lead to building failure. Ground settlement hazards would be identified by on -site geologic investigations that are required of individual developments. Existing City development project review practices include review of soils and geotechnical reports which document in -field conditions. Standard engineering techniques are required, as appropriate, to guard against seismic - related hazards. The project does not, itself, propose construction of any new specific development. No impact from liquefaction, lateral spreading, subsidence, liquefaction, or collapse would occur as a result of the proposed project. 8 Baldwin Park General Plan 2002, Public Safety Element (p. PS -4). 4 California Department of Conservation and California Geologic Survey, Alquist - Priolo Earthquake Fault Zones. (http: / /www. quake.ca,gov /gmapslap /ap- maps.htm) Consulted -411112011. 20 Baldwin Park General Plan FEIR- Appendix A, Initial Study (p. 20). Baldwin Park General Plan FEIR, 2002 (p. 89 -91), Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidefines, and Focused General Plan and Zoning Map Amendments 22jPPc, E, d) No Impact. Per the General Plan, the presence of expansive soils, and the identification of measures to eliminate this constraint such as removal and replacement with suitable engineered materials, will be determined through site- specific geotechnical evaluations to be conducted as part of the City's routine development review procedures. No construction is authorized through adoption of the proposed updates to the Zoning and Subdivision Ordinance, establishment of Citywide Design Guidelines, or focused amendments to the General Plan land use policy map. Development regulations are consistent with adopted General Plan land use policy. Thus, no impact would occur relative to expansive soils, e) No Impact. Baldwin Park does not allow the use of septic systems for wastewater disposal; all projects are required to connect to the public sewer system. No impact from the use of septic systems or alternative waste disposal systems would occur. Potentially Sionifican_t_ Potentially Unless Less -Than- Significant Mitigation Significant No Impact lncoroorated Im>lact Impact vll. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Substantiation: a) Less- Than - Significant Impact. Atmospheric gases, which allow solar radiation into the atmosphere but prevent heat from escaping, thus warming the Earth's atmosphere, are often referred to as greenhouse gases. Greenhouse gases are released into the atmosphere by both natural and anthropogenic (human) activity, The principal greenhouse gases resulting from anthropogenic activity that enter and accumulate in the atmosphere are carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), and fluorinated gases such as hydrofluorocarbons. The accumulation of these gases in the atmosphere at levels in excess of natural activity levels increases the Earth's temperature, resulting in changing climatic conditions in different parts of the planet, including California. Potentially adverse long -term climate change effects in California have been predicted by the California Climate Action Team, a consortium of California governmental agencies formed to coordinate efforts to meet the state's greenhouse gas reduction targets. Such climate change effects could include: • Reduced snow pack and water runoff from snow melt in the Sierra Fountains, adversely affecting California's water supplies • Increased temperatures, drier conditions that could increase wildfire hazards • Sea -level rise that could increase flood hazards along parts of the California coastline, increase intrusion of salt water into coastal aquifers, and potentially increased storm runoff and high tides could overwhelm sewer systems Initial Study for Comprehensive Updates ofZoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 23 1PF, , The Baldwin Park General Plan identifies five goals and 21 policies in the Air Quality Element that will contribute to better air quality in the City and throughout the region.22 Specifically, goals and policies in the General Plan call for reduced vehicular emissions (one of the primary contributors to greenhouse gas emissions) through land use planning that mixes uses and encourages pedestrian activity and use of the City's Metrolink Station. In addition, policies support transportation demand management and alternative forms of transportation. The proposed project would not change or conflict with any of these policies; the project would in fact implement these policies. The General Plan Land Use Element called for the creation of a new Mixed Use General Plan land use designation. New zones are proposed as part of the project, the MU -1 and MU -2 zones, to implement this General Plan policy. These zones are created to stimulate a pedestrian core in the downtown, near the Metrolink Station, and along Maine Street, and to also meet broader State objectives for sustainable development approaches mandated by Assembly Bill 32 (Health and Safety Code Section 38500 et seq.) and Senate Bill 375 (Transportation Planning: travel demand models; sustainable communities strategy; environmental review). The new Mixed Use zones will facilitate an integrated planning approach desinnpri to connect residential _ .a.. --- •- ��. �.��ucniial u�c� end everyday gapes and service needs in a central location within an integrated neighborhood, thereby reducing the vehicle trips associated with shopping, entertainment, and dining; reducing air quality impacts and `reenhouse g promoting healthier lifestyles; and lessening the impact on the ,greenhouse a wuoc as emissions; surrounding circulation system. The proposed update to the Zoning Ordinance also carries forward the recently adopted Tree Protection Ordinance, which will foster maintenance of existing City trees and provide policies for planting new trees. Trees utilize carbon dioxide in the air to develop roots, leaves, and limbs, thereby sequestering the carbon in the tree structure. In addition, trees provide shade and transpire water, lowering air temperature and thereby cutting energy use and related greenhouse gas emissions at the point of energy production. The proposed project does not include any regulations or other policies that would encourage inefficient building practices that affect the volume of greenhouse gas emissions that otherwise would occur under existing land use policy. The proposed project does not change any land use policy or any building regulations that would raise or otherwise change development levels that could contribute to an increase in greenhouse gas emissions. The proposed project does not authorize any specific development project; as such, its adoption would not directly generate any greenhouse gas emissions. Adoption and implementation of the proposed project would not affect building energy demands nor generate any additional vehicle trips (nor more miles traveled) beyond those that would be associated with the existing General Plan. Review of future projects will continue to be carried out to ensure that the projects are consistent with all General Plan goals, objectives, and policies, including those that help the City contribute to regional greenhouse gas reduction efforts. New California Building Code regulations, in effect beginning January 1, 2011, will further increase energy efficiency in new residential buildings, thus reducing total energy demand and thereby reducing the level of greenhouse gas emissions generated from coal, natural gas, and oil -based energy sources. Adherence to such policies and guidelines would reduce potential impacts to a less- than - significant level. b) Less - Than - Significant Impact. A variety of standards and regulations have been passed in California since the 1970s that either directly or indirectly affect greenhouse gas emissions and climate change. Of those regulations, Assembly Bill 32, the California Climate Solutions Act of 2006 (AB 32), is considered the most important legislation designed to decrease greenhouse gas emissions in California history. AB 32 requires that statewide greenhouse gas emissions be 22 Baldwin Park General Plan 2002, Air Quality Element (p. AQ -15 to AQ -18). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 24 1= sue reduced to 2000 levels by the year 2010, 1990 levels by the year 2020, and to 80 percent less than 1990 levels by year 2050. These reductions will be accomplished through an enforceable statewide cap on greenhouse gas emissions that will be phased in starting in 2012. In 2008, Senate Bill 375 (SB 375) was adopted to implement AB 32 goals for reduction of transportation -based greenhouse gas emissions through the direct linkage between regional transportation and land use /housing planning. As discussed in Section VII a) above, new zones were created to implement General Plan policy prescribing mixed -uses along the Maine Avenue corridor, in downtown, and near the Metrolink station. As such, the project will help achieve the goals of reducing vehicular trips and thereby help reduce total vehicular -based greenhouse gas emissions. The project is consistent with the City's General Plan, and does not conflict with AB 32, SB 375, or any plans or programs that have been adopted to achieve those legislative mandates. In addition, the City is participating with the San Gabriel Valley Council of Governments (SGVCOG) and the Southern California Association of Governments (SCAG) in the development of the regionwide Sustainable Communities Strategy to Implement SB 375 b reducing .ehilWar -based greenhouse gas emissions. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant No Impact impact Vlll. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably X foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a X list of hazardous materials sites compiled pursuant to Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for the people residing or working in the project area? Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Pier, and Zoning Map Amendments 251�.G; . Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for the people residing or working in the project area? g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent LO urbanized areas or where residences are intermixed with wildlands? Substantiation: a -b) No Impact, The proposed project consists of policy documents that will not directly result in any new construction. The proposed changes implement policies and programs approved in the adopted General Plan or implement changes in State law. The new development standards created within the updated documents and design guidelines create a framework for future projects to follow affecting the appearance, location, and allowable uses within various land use districts. Adoption and implementation of the new standards will not provide exceptions to existing laws governing the use and disposal of any hazardous materials. The City's Household Hazardous Waste Element and Source Reduction and Recycling Element, respectively, outline methods for the safe disposal of hazardous wastes generated and formalize the City's integrated waste management procedures . 23 The project would not conflict with any portions of the Household Hazardous Waste Element nor the Source Reduction and Recycling Element, and would not exempt any future development from the City's programs to control and safely dispose of hazardous materials and wastes. No impact from use, transport, or disposal of hazardous wastes or materials is anticipated. c) No Impact. The proposed project does not involve any development activity. Section 153.140.030 of the proposed Zoning Ordinance includes performance standards regarding the handling of hazardous materials. Individual development projects will be required to comply with these requirements and any other applicable City regulations relating to hazardous materials. No impact would result. d) No Impact. Since the project involves no physical ground- disturbing activities or hazardous, no impact on a site listed on the Cortese database will occur. Any development project on any identified contaminated site will be required to comply with all City, County, and State regulations regarding remediation. No impact will result from the project. e, f) No impact. The City is not located within two miles of a public airport or private air strip.24 No impact will occur. 22 Baldwin Park General Plan 2002, Open Space and Conservation Element (p. OSC -3). 24 Baldwin Part: General Plan FEIR- Appendix A, initial Study (p. 21). initial Study for Comprehensive Updates o,`Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning 10ap Amendments 26 1 = a g) No Impact. The Baldwin Park Multi- hazard Functional Plan and the Baldwin Park Emergency Preparedness Plan outline emergency response actions in the event of a hazardous materials emergency.25 The project involves the updates to the Zoning and Subdivision Ordinances, establishment of Citywide Design Guidelines, and focused General Plan amendments. The proposed project consists of a series of policy documents that will not directly result in any new construction. The proposed changes implement policies and programs approved in the City of Baldwin Park's 2002 General Plan Update or implement changes in State law. No change or interference with these emergency response plans will occur. h) No Impact. Baldwin Park is a fully urbanized area; no wildland fire hazards exist within the City.26 No impact from wildland fire would occur. Potentially Significant Potentially Unless Less -Tf kaan- Significant Mitigation Significant No IX. HYDROLOGY AND WATER QUALITY. Impact Incorporated Impact Impact Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies X or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of the pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage X pattern of area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of the existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 25 Baldwin Park General Plan 2002, Public Safety Element (p. PS -11). 26 Baldwin Park General Plan FEIR- Appendix A, Initial Study (p. 21). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 2i1Pag e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Im act Incor orated Impact Impact f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? rA EA j) Inundation by seiche, tsunami, or mudflow? X Substantiation: a) No Impact. The proposed project does not involve any development activity and thus will not involve any discharges to water bodies. Development projects will be required to comply with the City's local procedures to control storm water runoff to prevent violations of regional water quality standards, in accordance with its co- permittee obligations under the countywide municipal storm water permit program, a component of the NPDRS of the federal Clean Water Act. No impact on water quality standards or waste discharges would occur. b) No impact. The proposed regulatory documents implement General Plan land use policy and will not result in any development beyond that anticipated in the General Plan and analyzed in the General Plan FEIR. As stated in the General Plan FEIR, long -term implementation of land use policy will not result in a significant environmental impact.27 Thus, impacts associated with the proposed implementation documents will not be significant. c, d) No Impact. The project is a series of policy documents and will not result directly in the construction of any development. New development would not be permitted in any area that could significantly alter the drainage pattern of an area nor create any new sources of runoff. Future development projects will be required to construct necessary drainage improvements to adequately accommodate any additional runoff, in compliance with existing City requirements.28 Therefore, no impact would occur. e) No Impact. The project is a series of policy documents and will not result directly in the construction of any development. All future projects will be required to implement regulations related to the NPDES for the control of runoff during construction and operation of the project through the approval of Storm Water Pollution Prevention Programs and Water Quality Management Plans. No physical ground disturbance will be authorized with adoption of the 27 Baldwin Park General Plan FEIR, 2002 (p, 74 -75 and Appendix A p. 22). `s Baldwin Park General Plan FEIR - Appendix A, Initial Study (p. 22). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused Generai Plan and Zoning 14ap Amendments 28 I P a c e, updated Ordinances, establishment of design guidelines, or map adjustments. No impact on storm water drainage systems or from additional sources of polluted runoff would occur. The proposed project would alter the land use designations and zoning classifications on certain properties within the City. Although some of these include changes from residential to commercial uses and vice versa, due to the relatively low amount of these changes and the likelihood that the amount of polluted runoff would not be substantially altered by the different land uses, a less than significant impact is anticipated. f) No Impact. The proposed project consists of a series of policy documents that will not directly result in any new construction. No new sources of runoff, waste discharges, or hazardous material sites would arise from adoption and implementation of the updated Ordinances, design guidelines, or minor map amendments. Any development project pursuant to these regulations will be required to comply with City, County, and State regulations that protect water quality. The project will not impact water quality. g, h) No Impact. The City of Baldwin Park is not located within a 100 -year flood hazard area.29 The National Flood Insurance Program rate maps classify all of Baldwin Park as Area X (little nh =nr-= -_ flooding). No impact would occur. i) No Impact. Baldwin Park lies within the inundation zone of the Sana Fe dam. However, as indicated in the General Plan FEIR, inundation hazards are less than significant, due to the design of the Santa Fe dam and the fact that water is present only a few months of the year.31 The proposed project does not authorize any development that would increase the risk of exposure of people or structures to dam inundation hazards beyond that identified in the 2002 General Plan FEIR. No impact would result. j) No impact. The City of Baldwin Park is not located near any body of water or water storage facility that would be considered susceptible to seiche.32 Baldwin Park is located many miles inland from the Pacific Ocean and as such, is not subject to tsunami hazards. The City is relatively flat and fully urbanized and therefore is not susceptible to mudfiows. No impact would result. ao Baldwin Park General Plan FEIR - Appendix A, Initial Study (p. 23). ,0 FEMA Flood Insurance Rate IVaps (FIRMs) for Baldwin Park (Revised September 26, 2008). ,2 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 23). Baldwin Park General Plan FEIR, 2002 - Appendix A: Initial Study (p. 23). initia! Study for Comprehensive Updates Of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 2 91= _ Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact X. LAND USE. Would the project: a) Physically divide or disrupt an established X community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan cnarifir nl�n local coastal program, or zoning ordinance) adopted for the purpose of avoiding or iItlgating an environmental effect`? c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? Substantiation: a) No Impact. The proposed project involves focused zone changes and General Plan amendments (refer to previous Exhibit 3). The zone changes are proposed to achieve consistency with adopted General Plan land use policy; that policy has been put in place to provide for compatibility between adjacent land uses, and to work toward cohesive land use patterns. The limited General Plan land use policy map amendments that are proposed represent refinements to land use policy that the City has identified as necessary to accommodate additional mixed -use development along key corridors and at selected nodes, and to better preserve established single- family neighborhoods. These proposed revisions will encourage compatible uses. Therefore, no impact will result. b) No Impact. The proposed project will not conflict with any applicable land use plan. The revisions to the Zoning Ordinance and associated changes to the Zoning Map are design to achieve consistency with the General Plan. The updated Subdivision Ordinance and Citywide Design Guidelines will also implement General Plan goals and policies. Therefore, no impact will result. c) No Impact. The City of Baldwin Park is highly urbanized and built out with no forest, river, wildlife, or similar resources.33 As such, Baldwin Park does not have a habitat or natural community conservation plan. Therefore, no impact will result. 3' Baldwin Para: General Plan 2002, Open Space and Conservation clement (p. OSC -5). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citvwide Design Guidelines, and Focused General Plan and Zoninc Map Amendments 30 1_ a- e Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant No Impact impact XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to X the region and to the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site X delineated on a local general plan, specific plan or other land use plan? Substantiation: a -b) No impact. No known mineral resources exist within the City of Baldwin Park.34 Therefore, no impact will result. XII. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 34 Baldwin Park General Plan 20002 FEIR. Appendix A, Initial Study (p. 23), Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Desian Guidelines, and Focused General Pian and Zoning 14ap Amendments Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant Impact Incorporated Impact 1rA P No Impact KI X 0 311 ='acc Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact For a project within the vicinity of a private X airstrip, would the project expose people residing or working in the project area to excessive noise levels? Substantiation: a, b) Less- Than - Significant Impact. The proposed project implements land use policies established in the Baldwin Park General Plan. As indicated as the General Plan FEIR, this land use policy will not expose persons to unacceptable noise levels, Since the proposed project would not change or conflict with land use policies or any noise element policies, impact would be less than significant. c) No Impact. The proposed project does not involve any development activity, nor does the project allow for any new land uses in Baldwin Park that would lead to the establishment of a noise environment different than that existing in the City today. All land use activities will be required to comply with the noise regulations contained in Section 153.140.070 of the updated Zoning Ordinance. No impact will result. d) No Impact. The proposed project includes updates to the Zoning and Subdivision Ordinances, establishment of Citywide Design Guidelines, and minor map adjustments to the General Plan and Zoning Maps for consistency purposes. The proposed project is a series of policy documents that will not directly result in any new construction. The proposed changes implement policies and programs approved in the City of Baldwin Park's 2002 General Plan Update or implement changes in State law. Since no construction is involved through the proposed changes to the Zoning and Subdivision Ordinance, design guidelines, and map adjustments; no temporary increase in noise levels would occur. No impact is anticipated. e, f) No Impact. No public airport or private airstrip exists within two miles of Baldwin Park, and no airport land use plans are applicable within the City limits.36 No impact would result. 35 Baldwin Park General Plan FEIR 2002, p. 72. as Baldwin Park General Plan FEIR 2002 - Appendix A, Initial Study (p. 24). lnitial Study for Comprehensive Updates,of Zoning and Subdivision Ordinances, Citywide Design Guidelines. and Focused General Plan and Zoning Map Amendments 321F`ac:� Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No imoact Incor orated Impact Impact Xill. POPULATION AND HORSING. Would the project: a) Induce substantial population growth in the area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension or roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? Substantiation: a) No Impact. The proposed project implements established General Plan land use policy. Neither the revised Zoning Ordinance, Subdivision, nor Citywide Design Guidelines allow for increases in housing density or nonresidential land use intensities beyond those set forth in the General Plan. The focused General Plan land use policy map amendments that are proposed either reflect existing land uses or allow for recycling of properties at intensity levels consistent with established patterns. The proposed project does not involve any changes to roadways or other infrastructure that support growth. Thus, the project will not induce growth. b, c) No Impact. As described in response to item a above, the proposed project implements adopted land use policy. The focused General Plan amendments either protect established neighborhoods or provide opportunities for new housing through the introduction of new mixed -use zones. Also, the revised Zoning Ordinance includes provisions to address second units, transitional housing, and emergency shelters, all provisions which accommodate new housing in the community. The project would not displace people, as it does not involve the demolition of any housing. No impact with regard to housing displacement or displacement of persons will result. Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 331 - a -e) Less- Than - Significant Impact. The proposed project does not involve any development activity. The project implements General Plan policies and programs and in particular, adopted land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan FEIR. The General Plan FEIR concluded that measures are in place to meet public services needs through the review of individual projects and the application of standard City requirements.37 Impact on public services would be less than significant. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No XV. RECREATION impact Incorporated Impact Impact a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be accelerated? b) Goes the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? r,Baldw{n Park General Plan FEIR 2002 - Appendix A, Initial Study (p. 25). initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 34iP EN Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incomorated Impact Impact XIV. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of the new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire Protection? X b) Police Protection? X c) Schools? X d) Parks? X e) Other public facilities? X Substantiation: a -e) Less- Than - Significant Impact. The proposed project does not involve any development activity. The project implements General Plan policies and programs and in particular, adopted land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan FEIR. The General Plan FEIR concluded that measures are in place to meet public services needs through the review of individual projects and the application of standard City requirements.37 Impact on public services would be less than significant. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No XV. RECREATION impact Incorporated Impact Impact a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be accelerated? b) Goes the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? r,Baldw{n Park General Plan FEIR 2002 - Appendix A, Initial Study (p. 25). initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 34iP EN Substantiation: a) Less- Than - Significant impact. The proposed project does not involve any development activity. The project implements General Plan policies and programs and in particular, adopted land use Policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan FEIR. As indicated in the General Plan FEIR, new development activity facilitated by land use policies will lead to demand for increased park space; however, the City has limited ability to provide additional park facilities. While this impact was identified in the General Plan FEIR as significant and unavoidable 38 adoption of the Zoning Ordinance, Subdivision Ordinance, Citywide Design Guidelines, and minor amendments to the General Plan land use policy and zoning maps will not result in any new development potential beyond that previously analyzed. Also, provisions in the revised Zoning Ordinance and Citywide Design Guidelines require private open space as part of development projects in part to relieve impacts on public recreation facilities. No new impact on park and recreation facilities would occur as part of the project. b) No Impact. The proposed project does not involve the development of any recreational facilities. Thus, no impact would result.. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial X in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratios on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, X including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design X feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 3e Baldwin Park General Plan FEIR, 2002 (pp. 81 -85). initia! Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 35iFage Substantiation: a, b) Less- Than - Significant Impact. The proposed project consists of a series of policy documents that will not directly result in any new construction and as such, will not directly result in the generation of vehicle trips. The proposed changes implement policies and programs approved in the City of Baldwin Park 2020 General Plan or implement changes in State law. As indicated in the General Plan FEIR, new development activity facilitated by land use policies will, over the long term, lead to a decrease in operating conditions at five intersections from level of service (LOS) D to LOS F, and one intersection now operating at LOS F will not improve. While these impacts were identified in the General Plan FEIR as significant and unavoidable,39 adoption of the Zoning Ordinance, Subdivision Ordinance, Citywide Design Guidelines, and minor amendments to the General Plan land use policy and zoning maps will not result in any new development potential beyond that previously analyzed. Also, the inclusion of Mixed II!se zone- -All J Y4 ill help reduce overall trips over time by creating complementary uses within walking distance of each other. No new impact on the roadway system would occur as part of the project. c) No Impact. There are no airports in Baldwin Park. The Zoning Ordinance does not allow for building heights in excess of 50 feet; thus, regulations will not allow for any structures that would affect air traffic patterns of safety. No impact would result. d) No Impact. The proposed project does not involve any roadway design or construction. Standards in the Zoning Ordinance address the need to provide clear vision triangles at intersections to enhance pedestrian and vehicular safety. No impact would result. e) No impact. The proposed project does not involve any building activity. Provisions are included in the Zoning Ordinance and Citywide Design Guidelines to address public safety and emergency access through the site plan review process, which includes consultation with public safety personnel. No impact would result. f) No Impact. The updates to the Zoning and Subdivision Ordinance, establishment of Citywide Design Guidelines, and adoption of focused General Plan land use policy map amendments will have no direct affect on any local or regional policies involving support of alternative transportation. These documents implement General Plan policies that support mixed -use development and use of alternative transportation modes. The new Mixed Use zones have the potential to positively influence alternative transportation use by allowing a mix of uses near local and regional transportation facilities such as existing bus lines and Metrolink train facilities. No negative impacts on alternative transportation policies would occur. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Sionificant No Impact Incorporated Impact Impact XVII. UTILITIES ARID SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 3' Baldwin Park General Plan FEIR, 2002 (pp. 45 -64). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide design Guidelines, and Focused General Plan and Zoning Map Amendments X 36 1 -ac e. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and rasn4irroc 1, or are .. or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g, water quality basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and /or odors)? Substantiation: Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact incor orated Impact Impact 0 9 a, b, e) No Impact. The proposed project does not involve any development activity. The project implements General Plan policies and programs and in particular, adopted land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan FEIR. Furthermore, the project would not change or interfere with Regional Water Quality Control Board wastewater treatment requirements. The FEIR concluded that no impacts on any wastewater treatment capabilities public services would occur. ¢0 40 Baldwin Park General Plan FEIR, 2002 (pp. 75 -76). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Cffywide Design Guidelines, and Focused General Plan and Zoning lvlap Amendments 37 1 r I,, e C) No Impact. The proposed project does not involve any development activity. The project implements General Plan policies and programs and in particular, adopted land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan EIR. The FEIR concluded that no impacts on any wastewater treatment capabilities public services would occur.41 d) No Impact. The proposed project does not involve any development activity. The project implements General Plan, policies and programs and in particular, adopted land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan EIR. The FEIR concluded that no impacts on water supplies or water supply infrastructure would occur, 42 f, g) Less - Than - Significant Impact. The proposed project does not involve any development activity. The project implements General Plan policies and programs and in particular, adopted land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan FEIR and thus will n^+, len cau d - w any souti waste pi`OQUGtIOn beyond that previously indicated. As indicated in the General Plan FEIR, new development activity facilitated by land use policies will lead to increased solid waste production over the long term. County landfills are nearing capacity, and any additional waste production will strain capacity, although the City has recycling and reuse programs in place to reduce volumes entering the waste stream. While this impact was identified in the General Plan FEIR as significant and unavoidable, 43 adoption of the Zoning Ordinance, Subdivision Ordinance, Citywide Design Guidelines, and minor amendments to the General Plan land use policy and zoning maps will not result in any new development potential beyond that previously analyzed. No new impact on landfills would occur as part of the project. h) No Impact. The proposed project does not include any development activity and in particular, no storm water treatment control facilities. No impact would result. 44 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (F. 26). Baldwin Park Genera! Plan FEIR, 2002 (pp. 73 -75). °'" Baldwin Part: General Plan FEIR, 2002 (pp. 77 -79). Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 3 8 1 P a p e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or elinnin A^+ SE important epos dent exarnpies of the major periods of California history or prehistory? b) Does the project have impacts that are Y. individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Substantiation: a) Less - Than - Significant impact. The results of the preceding analyses and discussions of responses to the entire Initial Study Checklist have determined that the proposed project would have no effect upon sensitive biological resources, and would not result in significant impacts to historical, archaeological or paleontological resources. The City of Baldwin Park does not contain any forest, river, wildlife, or similar resources, which would preclude impacts to unique, rare, endangered, or threatened species. Several existing structures have been identified within Baldwin Park for preservation, although the updates to the Zoning and Subdivision Ordinances, establishment of Citywide Design Guidelines, and minor map adjustments to the General Plan and Zoning Maps will not affect regulations protecting historical or cultural resources. The updates, design guidelines, and map changes do not authorize any plan for a development or redevelopment on any property within the City of Baldwin Park. The updated Zoning Ordinance, revised Subdivision Ordinance, and Citywide Design Guidelines are intended to provide a framework for future projects to follow in order to achieve the goals and polices of the General Plan. The updates to the Zoning and Subdivision Ordinance, establishment of Design Guidelines, and minor map adiustments to the General Plan and Zoning Maps for consistency would not result in any effects that would degrade the quality of the environment. b) Less - Than - Significant impact. Cumulative effects resulting from implementation of the City's goals and policies were evaluated in the General Plan FEIR. The proposed update to the Zoning Ordinance, revisions to the Subdivision Ordinance, establishment of Citywide Design Guidelines, Initial Study for Comprehensive Updates df Zoninc and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 39i ape and General Plan land use policy map and Zoning Map changes provide consistency between stated General Plan goals and policies aimed at minimizing negative environmental impacts over the long term. No General Plan policies would be changed or modified through adoption of the proposed revisions. Adoption and implementation of the proposed project would not create any impacts beyond those previously identified in the General Plan FEIR. No development projects are associated with the proposed project, and thus the project would not contribute to short -term or long -term cumulative impacts. C) Less -Than- Significant Impact. The proposed project does not involve any development activity. Rather, the project implements adopted General Plan land use policy, including policies and programs aimed at enhancing conditions in Baldwin Park. The Zoning and Subdivision Ordinances and Citywide Design Guidelines are designed to implement planning approaches that integrate complementary uses and work to reduce travel in personal vehicles and commuting to work. By achieving the associated reduction in vehicle travel a corresponding reduction in air quality emissions, traffic impacts, urban sprawl, and outdoor water use can be realized. The new C'i PiPP l- 1.11 -- and rfoct,.., n+ ;I. r....i .. ...:�� ass— i =• • eq �;y _+ � 4a ds will ass— m promoting a good quality of life in Baldwin Park. The revisions to the Subdivision Ordinance are proposed specifically to achieve conformity with existing State Law and introduce changes in approval authority to simplifv eyisthri nrnr-P-ZCir.q details. The minor amendments to the General Plan land use policy map and zoning map will create conformity between the two, and will and accomplish the goals and policies presented in the Baldwin Park 2020 General Plan. The project would not result in substantial adverse effects on human beings. Initial Study for Comprehensive Updates or Zoning and Subdivision Ordinances, Citywide Desion Guidelines, and Focused General Plan and Zoning Map Amendments 40 1F ac: IN California Air Resources Board. Air Quality and Land Use Handbook: A Community Health Perspective. April 2005. California Department of Conservation. Farmland Mapping and Monitoring Program. 2008. California Department of Conservation. Williamson Act Program. 2006. California Department of Conservation and California Geologic Survey, Alquist- Prioio Earthquake Fault Zones. <http: / /www. quake .ca.gov /gmapsla,p /ap_maps.htm> California Department of Fish and Game. Natural Community Conservation Planning <http://www.dfg.ca.gov/habcon/nccp/status/> California Department of Forestry and Fire Protection and the USDA Forest Service. California Land Cover Mapping and Monitoring Program (LCMMP), 2006. California Department of Transportation. California Scenic Highway Mapping System. Updated December 7, 2007, California Geological Survey, Alquist- Priolo Earthquake Fault Zones. <http: / /www.conservation.ca. gov /cgs /rg hm /ap /Pages /affected. aspx> City of Baldwin Park. City of Baldwin Park General Plan 2020 Final Environmental Impact Report. (SCH # 99011014). September, 2002. City of Baldwin Park. Comprehensive General Plan 2020. 2002. City of Baldwin Park. Code of Ordinances, Municipal Code. Federal Emergency Management Agency. Flood Insurance Rate Map Number 06037C1 700F, September 28, 2008. South Coast Air Quality Management District, Final 2007 Air Quality Management Plan. June 2007. U.S. Fish and Wildlife Services. Habitat Conservation Plans: Regional Summary Report, <http://e--Qs.fws.gov/conserv—Plans/> initia! Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused Genera; Pian and Zoning Map Amendments 41 I -' r Lead Agency: City of Baldwin Park Community Development Department 14403 E Pacific Ave 2nd Floor Baldwin Park, CA 91706 Contact: Amy Harbin, AICP, City Planner Consultant to the City: Hogie- Ireland, Inc. 201 S. Lake Avenue, Suite 308 Pasadena CA q1. 1 n1 (626)356 -4460 V Managing Principal: Analyst: Laura Stetson, AICP Genevieve Sharrow Phone: (626) 813 -5261 Fax: (626) 962 -2625 E -Nail: AHarbin @baidwinpark.com AQMP Air Quality Management Plan BMP Best Management Practice CARB California Air Resources Board EIR Environmental Impact Report FIRM Flood Insurance Rate Map FMMP Farmland Mapping and Monitoring Program LOS Level of Service NPDES National Pollution Discharge Elimination System SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SWPPP Stormwater Pollution Prevention Plan initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused General Plan and Zoning Map Amendments 421PF.c e DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared, I find that although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described previously have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the project MAY have a significant effect on the environment and an ENVRIONMENTAL IMPACT REPORT is required. I find that the project MAY have a significant effect(s) on the environment, but as least on effect 1) has been adequately analyzed in an earlierdocu,� ent pursuant to applicable legal standard, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. If the effect is potentially significant impact or potentially signif car et —less mitigated an ENVIRONMENTAL IMPACT REPORT is required, but it must anal ze onl the effects that need to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. L. Date: Initial Study for Comprehensive Updates of Zoning and Subdivision Ordinances, Citywide Design Guidelines, and Focused Genera; Plan and Zoning Map Amendments X n n Amy Harbin (AiC CCC Planner CommunityDevel pm Department 14403 E. Pacifi c . ve 2 "d Floor Baldwin Park, CA 91706 431 M ., ,. Ic7z&Y•]>L1j9L• ► ► • �' • IN WOMAN •' •.• •; !� • WHEREAS, in connection with the proposed amendments to the Zoning Code, the Subdivision Code, the General Plan Land Use Map, the Design Guidelines and tie Zon yin mg Map, Initial Study for the Cornprehensive updates of the Zoning and Subdivision Ordinances, Establishment of Citywide Design Guidelines, and Focused V ' V �� - .o t7enerai plan anud Zoning fviajJ I-AmenCit "Vents was prepared on IJehalf of the Planning Division, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act. WHEREAS. the Negative Declaration, which is attached hereto as Exhibit A and incorporated herein as if fully set forth, was made available for public review and comment pursuant to law. WHEREAS, the Negative Declaration has been prepared incorporating any comments received during the review period and any responses to those comments. WHEREAS, the City Council has read and considered the Negative Declaration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines that the Negative Declaration was prepared pursuant to CEQA and State and local guidelines. SECTION 3. The City Council has reviewed and considered the information contained in the Initial Study, the Negative Declaration and public comments, and finds that there is no substantial evidence that the proposed project will have a significant effect on the environment. Resolution 2011 -034 Page 2 SECTION 4. The City Council, based upon its public review, approves and adopts the Negative Declaration. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Planning Commission Secretary who shall forward the Notice of Determination to the Los Angeles County Clerk for filing. PASSED AND APPROVED this 5th day of October, 2011. MANUEL LOZANO •etAiOR nvr.^ i' ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2011 -034 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 5th day of October, 2011 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK C:\ Amy \AMY\WORD \ResolutionsOrdinances \Council Resolutions\AGP -115, Z -553, AZC -163 and DRG 11 -1 Env #3.doc VAMAT01 iv, 1I A -IZ, k I WAI i T AI ZU�� RESOLUTION NO. 2011 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP (LOCATION: VARIOUS; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AGP -115) WHEREAS, the City of approved a comprehensive update to the City's General Plan (General Plan 2020) in November 2002; WHEREAS, the City filed an application requesting amendments to the General Plan Land Use Map in order to be consistent with the City's General Plan 2020, AGP -115; WHF:RGdC 6turiy sessions a.,nd /r)r A,,r:rk- ShllpS nn the - )rr)nf-,.e^!J amendments to the General Plan Land Use Policy Map for both the public and Planning Commission were held on April 27, 2005, February 11, 2009, April 29, 2009, April 27, 2011 and May 11, 2011; WHEREAS, based on oral testimony and documentary evidence during the duly noticed public hearing on June 8, 2011, the Planning Commission adopted Resolution No. 11 -11 recommending City Council approval of Negative Declaration for the proposed comprehensive update to Chapters 152 and 153 of the City's Municipal Code, a new citywide design guidelines and amendments to the General Plan Land Use Map and Zoning Map; WHEREAS, based on oral testimony and documentary evidence during the duly noticed public hearing on June 8, 2011, the Planning Commission adopted Resolution No. 11 -12 recommending the City Council adopt an amendment to the General Plan Land Use Policy Map; and WHEREAS, the City Council conducted a duly noticed public hearing on August 3, 2011 to receive comments and consider an amendment of the General Plan Land Use Map. WHEREAS, the City Council voted to leave the public hearing open and continued the item to August 17, 2011. WHEREAS, at the City Council meeting on August 17, 2001, staff conducted a presentation on the amendment of the General Plan Land Use Policy Map. WHEREAS, the City Council voted to leave the public hearing open and continued the item to October 5, 2011. Resolution 2011-035 October 5, 2011 Page 2 WHEREAS, the City Council conducted a duly noticed public hearing on October 5, 2011 to receive comments and consider an amendment of the General Plan Land Use Policy Map. i1OTT, TMEREFORE, TAE CITT COUNCIL OF THE CITY OF BALDW16 ]'ARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines the amendment to General Land Use Map is consistent with the General Plan's objectives, policies and programs. SECTION 3. The City Council hereby finds and determines the amendment to the General Land Use Map is required by public interest, convenience and necessity. SECTION 4. The City Council, based upon its public review, approves and adopts the amended General Plan Land Use Map, in its entirety, as set forth in Exhibit A of this Resolution. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 5th day of October, 2011. Resolution 2011-035 October 5, 2011 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk to the City Council of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2011-035 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 5th day of October, 2011 by the following vote: AYES: COUNCILMEMBERS: ,NOES- C0UNCIL-MFMRFRS- ABSENT- COUNCILMEMBERS- ALEJANDRA AVILA CITY CLERK Ell i'Ll F94 ! ! ! is ! !' s ! ! �, ! ! , ! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC-1 63) WHEREAS, the City is proposing a comprehensive update to the Zoning Ordinance, Case No. AZC-163, to achieve consistency with the ('jpnpr,ql Plan 2020 and state law, by restating and amending (-hnntp-r 153 of the City's Municipal Code, in its entirety, as set forth in Exhibit A of this Resolution WHEREAS, the City is proposing a comprehensive update to the Zoning Map designations, Case No. Z-553, to achieve consistency with the General Plan 2020, by restating and amending the current zoning map, in its entirety, as set forth in Exhibit B of this Resolution. WHEREAS, the City is proposing a comprehensive update to the City's Subdivision Regulations, by restating and amending Chapter 152 of the City's Municipal Code, in its entirety, as set forth in Exhibit C of this Resolution. WHEREAS, study sessions and/or workshops on the proposed comprehensive updates to Chapters 152 and 153 of the City's Municipal Code and the Zoning Map for both the public and Planning Commission were held on April 27, 2009, February 11, 2009, April 29, 2009, April 27, 2011 and May 11, 2011. WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on June 8, 2011 to receive comments and consider an amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map. WHEREAS, based on oral testimony and documentary evidence during the duly noticed public hearing on June 8, 2011, the Planning Commission adopted Resolution No. 11-11 recommending City Council approval of Negative Declaration for the proposed comprehensive update to Chapters 152 and 153 of the City's Municipal Code, a new citywide design guidelines and amendments to the General Plan Land Use Policy Map and Zoning Map. Ordinance 1346 October 5, 2011 Paae 2 WHEREAS, the City Council conducted a duly noticed public hearing on August 3, 2011 to receive comments and consider an amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map. WHEREAS, the City Council voted to leave the public hearing open and continued the item to August 17, 2011. WHEREAS, at the City Council meeting on August 17, 2001, staff conducted a presentation on the amendment to Chapters 152 and 153 of the City's Municipal Code and Zoning Map. WHEREAS, the City Council voted to leave the public hearing open and continued the item to October 5, 2011. WHEREAS, the City Council conducted a duly noticed public hanri.nn nn r)r-fn x-m-ments and consider an --be .5, 20111 to r,-aC1--3,iV10 %,%Jill GlllU %, lu 1 C311 amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines the amendments to the Chapter 153 and to the Zoning Map are consistent with the General Plan's objectives, policies and programs. SECTION 3. The City Council hereby finds and determines the amendments to Chapters 152 and 153 and to the Zoning Map are required by public interest, convenience and necessity. SECTION 4. The City Council, based upon its public review, approves and adopts the comprehensive update to the Zoning Ordinance by restating and amending Chapter 153 of the City's Municipal Code, in its entirety, as set forth in Exhibit A. SECTION 5. The City Council, based upon its public review, approve and adopt the comprehensive update to the Zoning Map designations by restating and amending the current zoning map, in its entirety, as set forth in Exhibit B. SECTION 3. The City Council, based upon its public review, approves and adopts the comprehensive update to the City's Subdivision Regulations by restating and amending Chapter 152 of the Municipal Code, in its entirety, as set forth in Exhibit C. C:\Amy\AMY\k/VORD\ResolutionsOrdinances\CounciI Ordinances\AZC-163 and Z-553 #4.doc Ordinance 1346 October 5, 2011 Page 3 SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. PASSED AND APPROVED this 5th day of October, 2011. MANUEL LOZANO, MAYOR rA STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS ALEJANDRA AVILA, CITY CLERK C:\Amy\AMY\WORD\ResolutionsOrdinances\CounciI Ordinances\AZC-163 and Z-553 #4.doc s - ! A1Ii-114 JA �7 Ill ► ►! ► A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING CITY -WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: DRG11 -1). WHEREAS, the City Council adopted Resolution No. 89 -20 on March 1, 1989 establishing Design Review Guidelines specifically for Multi - Family Residential projects; WHEREAS, the City Council adopted Resolution No. 91 -37 on July 3, 1991 establishing Design Review Guidelines specifically for Commercial marl I-A , as spa11Uust reai ueveBop we + projects located, within +t€ .me boundaries of 'the Sierra Vista Redevelopment Project Area; WHEREAS, the City Council adopted Resolution No. 93 -21 on February 21, 1993 adopting a landscape design manual; WHEREAS, the City Council adopted Resolution No. 93 -84 on July 21, 1993 establishing Design Review Guidelines specifically for Single - Family Detached Planned Residential development, Single - Family Detached Residential Tract development and other Single - Family Residential Construction specified in the guidelines; WHEREAS, the City is proposing a comprehensive set of City -wide Design Guidelines and Landscape Design Manual, Case No. DRG 11 -1, to achieve consistency with the General Plan 2020; WHEREAS, study sessions and /or workshops on the proposed Citywide Design Guidelines and Landscape Design Guidelines for both the public and City Council were held on April 27, 2005, February 11, 2009, April 27, 2011 and May 11, 2011; WHEREAS, based on oral testimony and documentary evidence during the duly noticed public hearing, on June 8, 2011, the Planning Commission adopted Resolution No. 11 -11 recommending City Council approval of Negative Declaration for the proposed comprehensive update to Chapters 152 and 153 of the City's Municipal Code, a new citywide design guidelines and amendments to the General Plan Land Use Map and Zoning Map; WHEREAS, based on oral testimony and documentary evidence during the duly noticed public hearing on June 8, 2011, the Planning Commission adopted Resolution No. 11 -14 recommending the City Council establish City -wide Design Guidelines, which is attached hereto as Exhibit Resolution 2011-036 October 5, 2011 Page 2 A and incorporated herein as if fully set forth, and a Landscape Design Manual, which is attached hereto as Exhibit B and incorporated herein as if fully set forth; and WHEREAS, the City Council conducted a duly noticed public hearing on August 3, 2011 to receive comments and consider the comprehensive City-wide Design Guidelines and a Landscape Design Manual. WHEREAS, the City Council voted to leave the public hearing open and continued the item to August 17, 2011. WHEREAS, at the City Council meeting on August 17, 2001, staff conducted k�ns;e f�;+ -AA- r-1 01-1 Lll�, �'%J11IFile - "z'. N� ity-vvidu Design Guidelines and a Landscape Design Manual. WHEREAS, the City Council voted to leave the public hearing open and continued the item to October 5, 2011. WHEREAS, the City Council conducted a duly noticed public hearing on October 5, 2011 to receive comments and consider the comprehensive City-wide Design Guidelines and a Landscape Design Manual. !11wW*_1jzjjffd • •6M memow""Im =11g; 6 4QZN SECTION 1. The recitals above are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines the establishment of the comprehensive City-wide Design Guidelines and the Landscape Design Manual are required by public interest, convenience and necessity. SECTION 3. The City Council, based upon its public review, repeals City Council Resolution No. 89-20, Resolution No. 91-37 and Resolution No. 93-84, and approves and adopts the comprehensive city-wide Design Guidelines as set forth in Exhibit A. SECTION 4. The City Council, based upon its public review, repeals City Council Resolution No. 93-27, and approves and adopts the Landscape Design Manual as set forth in Exhibit B. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and shall forward a certified copy hereof to the Secretary of the Planning Commission. C:\Amy\AMrWORD\ResolutionsOrdinances\CounciI ResolutionsORG 11-1 #1doc Resolution 2011-036 October 5, 2011 Paqe 3 PASSED AND APPROVED this 5th day of October, 2011. I I'M ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES Ss. CITY OF BALDWIN PARK j 1, ALEJANDRA AVILA City Clerk of the City of Baldwin Park City Council, do hereby certify that the foregoing Resolution 2011-036 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 5th day of October, 2011 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK C:\Amy\AMY\WORD\ResolutionsOrdinances\CounciI ResolutionsORG 11 -1 #3.doc 11 �� BALD WI P- A, R- K i"s DATE: ,4 CITY OF BALDWIN PARK S AW &15-0—R T Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community a lopment Mana Amy L. Harbin, AICP, City Plann' October 5, 2011 SUBJECT: Continued from August 17, 2011. Housing Element Update (AGP -114) This report recommends City Council approve the update to the City's Housing Element of the General Plan for Planning Period 2008 -2014. CEQA/NOTICING The Planning Division has completed an environmental analysis, and has determined that the project will not have a significant impact upon the environment. Pursuant to that information, a Draft Negative Declaration of Environmental Impact has been considered by the Planning Commission and that body has recommended the document for adoption by the City Council. A Notice of Public Hearing was published in the San Gabriel Valley Tribune on July 22, 2011 at 1 /8th of a page and posted at City Hall, Esther Snyder Community Center, and Barnes Park on July 22, 2011. BACKGROUND /DISCUSSION The Housing Element is one of the seven mandatory elements required for the City's General Plan, and it specifies ways in which housing needs of existing and future resident populations can be met. State law requires that each city and county update their Housing Element on a pre- determined cycle. The Planning Period for this cycle extends from adoption to June 30, 2014. The Housing Element is comprised of five sections: (1) Needs Assessment; (2) Housing Constraints; (3) Housing Resources; (4) Review of previous Accomplishments from the 2000 Housing Element; and (5) Housing Plan. This update to the Housing Element is essentially a modification which addresses the California Department of Housing and Community Development ( "HCD ") comments and concerns and new State legislation related to Housing Elements. AGP -114 October 5, 2011 Paae 2 One of the primary components of the Housing Element is public participation. The California Government Code at Section 65583(c)(8) states: "The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort." As a result, the City held a public participation workshop on October of 2008 with both the Housing and Planning Commissions as well as sent invitation letters to agencies and organizations that serve low- income, moderate - income, and special needs community in Baldwin Park. Additionally, the public workshop was publicized in both the San Gabriel Valley Tribune as well as La Opinion. Furthermore, in addition to this public hearing held by the Planning Commission, the City Council will hold a public hearing prior to the adoption of the final version of the Housing Element. SUMMARY OF HOUSING ELEMENT SECTIONS (1) Needs Assessment This section addresses demographic characteristics, employment patterns, and income levels. These patterns and trends are used to assist in defining the City's housing policies and programs. Projections are utilized to show how Baldwin Park is expected to change in the coming years. (2) Housing Constraints There are many factors that constrain the provisions of adequate and affordable housing in a city. This section analyzes the potential and actual constraints including governmental and non- governmental which impact production and maintenance of housing for all persons regardless of income or disability. If there are constraints that impact the achievement of the housing goals, the City should address then and where appropriate remove those constraints which affect the maintenance, improvement, and development of housing. (3) Housing Resources Resources that are available for the development, rehabilitation, and preservation of housing are analyzed in this section. This includes the availability of land, financial resources, and administrative resources. This section also includes the City's Regional Housing Needs Allocation (RHNA) which was allocated to the City by the Southern California Association of Governments (SCAG) in accordance with California State Law. For the 2008 -2014 Planning Period the City was assigned 744 units over four (4) economic categories. The table on the next page identifies the number of affordable housing units by economic category which shall be planned for during the 2008 -2014 planning period. C:\Amy\AMY\WORD \Reports \Council Reports\AGP -114 HE #3.doc AGP -114 October 5, 2011 Page 3 REGIONAL TABLE #1 • USING NEEDS ALLOCATIO FOR 2008-2014 A PERIOD INCOME GROUP % OF COUNTY MFI* NUMBER OF UNITS PERCENTAGE OF TOTAL UNITS Above- Moderate Income 120 %+ 321 41% Moderate Income 81 -120% 123 17% Low Income 51 -80% 115 16% Very Low Income 0 -50% 185 26% TOTAL 744 100.00% *Median Family Income Since the current RHNA projections use January 1, 2006 as the baseline year for the currant ?nnA_9n1 A ninnn9nn nnr:,na :..- ...J:.. }:....... Mn%i - +r.mn+ ...,.:a., ....a.....a... sn ±rsr! .,:nom_ nnnn v'v,.. _vvv tea+ v A . . _M a.� Nve ivu, J6a9 : °vvi °vis °va av up `vas �.°vi ii a.aa nw 'v "va a:�u uvtvu :pie i °vv L °vvv toward the current RHNA. During this time 211 dwelling units have been constructed, approved, or projected in varying income categories which are credited toward the City's current RHNA numbers. TABLE #2 PROGRESS TOWARD 2008 -2014 REGIONAL HOUSING NEEDS ALLOCATION (4) Review of Previous Accomplishments from the 2000 Housing Element Housing Element Law requires each community assess the achievements under adopted housing programs as part of the update to their current housing element. While the results can be qualitative where necessary, the results should be quantified and need to be compared with what was projected. If there are significant shortfalls between the projections and actual achievements, the reasons for the discrepancies must be discussed in this section. C:\Amy\AMY\WORD \Reports \Council ReportsWGP -114 HE #3.doc Units Second Income Group Built & Units Second Unit Total RHNA RHNA Projection Balance Approved Approved Above - Moderate 179 179 321 142 Income Moderate 3 23 42 68 123 55 Income Low Income 6 6 115 109 Very Low Income 0 185 185 TOTAL 188 23 42 253 744 491 (4) Review of Previous Accomplishments from the 2000 Housing Element Housing Element Law requires each community assess the achievements under adopted housing programs as part of the update to their current housing element. While the results can be qualitative where necessary, the results should be quantified and need to be compared with what was projected. If there are significant shortfalls between the projections and actual achievements, the reasons for the discrepancies must be discussed in this section. C:\Amy\AMY\WORD \Reports \Council ReportsWGP -114 HE #3.doc AGP -114 October 5, 2011 Paae 4 (5) Housing Plan The goals and polices contained in the Housing Element address the City's identified needs and are implemented through housing programs offered through various City departments including the City's Community Development Commission and Housing Division. In order for the City to make adequate provisions for the housing needs of all income levels, the programs identified in this section shall do the following: 1) Conserve the existing affordable housing stock; and 2) Assist in the development of affordable housing; and 3) Provide adequate sites to achieve a variety and diversity of housing; and 4) Remove governmental constraints as necessary; and 5) Promote equal housing practices. The housing programs contained in the I-Hrni isino Element include current programs as well as new programs which will address the City's unmet housing needs and respective changes to State Laws. COMMENTS RECEIVED On May 16, 2011, the City received a letter from the California Public Utilities Commission regarding the Negative Declaration of Environmental Impact for the Housing Element. Specifically, the letter (Attachment #3) requests that the City add language to the General Plan update that any future housing development adjacent to or near the railroad right -of- way is planned with the safety of the rail corridor in mind. However, railroad safety is out of the scope of the Housing Element and language was not added. 1:2 A, TAP► 11- mail, - +9Ce7o1-iiggdul'MIngI t At the Planning Commission meeting on June 8t ", there was little public comment, and only clarification on the placement of emergency shelters, which is required pursuant to State law. At the conclusion of the public hearing, the Planning Commission voted 4 -0 to recommend the City Council approve the updated Housing Element for the 2008 -2014 Planning Period. This report has been reviewed and approved by the City Attorney's Office as to legal form and content. It is recommended by the Planning Commission and Staff that the City Council open the public hearing, receive any public comments, and following the public hearing adopt Resolution 2011 -038 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY CAAmy\HMY\WORD \Reports \Council Reports\AGP -114 HE #3.doc AGP-1 14 October 5, 2011 Page 5 OF BALDWIN PARK APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008-2014 PLANNING PERIOD AND ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP-11114)." ATTACHMENTS #1, Draft Housing Element #2, Environmental Information—Initial Study & Negative Declaration of Environmental Impact #3, Comment Letter dated May 16, 2011 from the California Public Utilities Commission #4, Resolution of Approval 2011-038 C:\Amy\AMY\W0RD\Reports\Counci1 Reports\AGP-1 14 HE #3.doc Q ZfA .1 a S: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 May 201 1 This page intentionally left blank. Baldwin Park Housing Element Table • Contents Page Introduction............................................................................... ............................... HE -1 Community Needs Assessment ........................................................... ............................... HE -7 Population Trends ........................... Household Characteristics ........... Housing Profile . ............................... .................. HE -7 ................. HE -11 ............... HE -20 HousingConstraints .................................................................................. ..........................HE -37 Governmental Constraints ........................................................... ............................... HE -37 MarketConstraints ....................................................................... ............................... HE -62 Environmental Constraints ......................................................... ............................... HE -64 Infrastructure Constraints ........................................................... ............................... HE -65 HousingResources ..................................................................................... ..........................HE -67 Availability of Sites for Housing ....................................................... ..........................HE -67 Regional Housing Needs Allocation ( RHNA) .............................. ..........................HE -67 Residential Sites Inventory .......................................................... ............................... HE -69 Administrative and Financial Resources ....................................... ..........................HE -79 Energy Conservation Opportunities ............................................... ..........................HE -83 Evaluation of Accomplishments for Prior Adopted Housing Element ..................HE -85 HousingPlan .......................................................................................... ............................... HE -95 Appendix A: Qualified Agencies Interested in Purchasing At -Risk Projects ........... A -1 Appendix B: Sites Inventory: Parcel Listing ........................................ ............................... B -1 Appendix C: Detailed Sites Analysis ..................................................... ............................... C -1 Baldwin Park 2020 General Plan Housing Element List of Tables Table Page B-1 Population Growth: Baldwin Park and Surrounding Cities, IggO'2OO7 ............ EIE-8 H'2 Population and Growth Ig4O-2O3O ............................................................................. HE'8 H-3 Aac Distribution ............................................................................................................... HE-Q H-4 Race and Eninicity -----------------------------------B[E-IO B-5 Household Characteristics ------------------------------HE-l2 H'6 Households bn Income Category ............................................................................... HE-I4 H'7 Tenure Bv Income Category br Household Type ................................................... ItE-l4 B-8 Employment by Occupation -----------------------------.HE-l5 ll-p Median Earnings br Occupation ................................................................................ HE-D5 H-D} Disability bn Age ...... — ........... ........ ............................................................................. IIE'l7 Il'Il Special Needs Households .............................. ...... ..................................................... HE-I8 B-12 Housing Unit Growth .................................................................................................. BE-2O B-lJ Housing Unit Types .................................................. ................................................... HE-2l H-14 Tenure and Vacancy ---------------------------------'HE'22 H-15 Age ofHousing Stock2OO6-----------------------------'fqE-2} Il-16 Overcrowding bv Tenure ............................................................................................ HE-Z4 H-17 Median Home Prices, 20O7 ......................................................................................... HE-25 H-18 Apartment Rental Rates .............................................................................................. TJE-28 I{-19 2007 Los Angeles County Fair Market Rents ........................................................ HE-26 fl-20 Households Experiencing Cost Burden .----------------------.}IE-27 B-21 Housing Affordability .................................................................................................. HE-28 H-22 Assisted Housing -------------------------------.FIE-30 H-23 Market Value ot At-Risk Projects .............................................................................. IIE-33 H-24 Rent Subsidies Required to Preserve At-Risk Rental Units ............................... HE'33 H-25 Summary of Existing Housing Need ----------.8E-34 H-26 Housing Assistance Needs cd Low- and Moderate-Income Households ......... HE'35 }g'27 General Plan Residential Land Use Designations ----------------.HE'40 H-20 Permitted and Conditionally Permitted Uses within Residential Zones ....... fIE~42 E{-29 Development Standards for Residential Zones ..................................................... £[E-43 H-30 Development Standards for Small-Lot Single-Family D ----'l{E-44 fI'31 Development Standards for Mixed-Use Zones ..................................................... fIE'46 B-32 Parking Requirements --------------------------------'HE-47 H-33 Open Space Requirements ------------------------------HE'48 H-34 Density Bonus Opportunities ----------------------------.HE-5} H-35 Planning Permit Fees ..................................................................................................... IlE-55 H-36 ZOO7 Baldwin Park Impact Fees ................................................................................ HE'56 }I-37 Total Impact Fees (Sample) -----------------------------.HE-57 B-39 Development Review Time Frames .......................................................................... BE-dO H-39 Disposition of Conventional Home Purchase Loan Application for the Los Angeles Long Beach Glendale MSA ................................................................ HE-d3 Baldwin Park 2O2O General Plan Housing Element List of Tables (continued) Table Page fI-41 Progress towards RHNA ............................................................................................. HE-6O H-42 Summary of Residential Capacity on Vacant Land ............................................... B[E-7O l�^43 nfIlcsiden�a]C on Residential Land ........... HE-7l B-44 Mixed-Use Areas -----------------------.BE-7Z H-45 Sample History of Lot Consolidations -----------------------BE-7d H-40 Sample history oz Realistic Capacity HE-77 H-47 Comparison of Sites Inventory and ElllNA ............................................................. HE-7g H-48 ProiuctcdLow- aud Housing Fund Deposits -------.HE-8O H'49 Summary of 2000 Quantified Objectives and Progress .............................. ...... _HE-85 TI-50 ------------------.BUE-88 H-5I Summary of 2008-2014 Quantified [} ------------------11E-ll2 List of Figures Figure Page H-1 Mcriuo Earnings by 2UOO .............................................................. IIE'IO zn H-2 Baldwin Park Median Age bvRucc/E 2OO6 .............................................. HE-D }I'} Household Income Distribution, 2OO6 ..................................................................... EOE-l3 H-4 Sites Inventory -------------------------------------HE-73 Baldwin Park 2O2O General Plan Housing Element This page intentionally left blank. Baldwin Park 2020 General Plan Housing Element Pq . . The California Legislature ideiitiiies the attainment of a decent home and a suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature mandates that all cities and counties prepare a housing element as part of their comprehensive General Plan. The Baldwin Park Housing Element identifies the existing and projected need for housing in the community in terms of affordability, availability, adequacy, and accessibility. The Element sets forth a strategy to address the City's identified housing needs, including specific implementing programs and activities. • W, • " • • i • • The Housing Element is one of the seven mandatory elements of the General Plan, and it specifies ways in which the housing needs of existing and future resident populations can be met. It must be updated every five years, consistent with State Housing Element laws; this Housing Element covers a period extending from adoption to June 30, 2014. The Housing Element is comprised of five sections: ■ Needs Assessment ■ Housing Constraints ■ Housing Resources ■ Review of Previous Accomplishments from the 2000 Housing Element ■ Housing Plan Baldwin Park 2020 General Plan HE -1 Housing Element The Element begins with an overview of the City's housing needs, identified in the Needs Assessment. The Housing Constraints Section provides a review of potential market, governmental, and environmental constraints to meeting the City's identified housing needs. The Housing Resources section evaluates land, administrative, and financial resources available to address the City's housing goals. In the Review of Previous Accomplishments section, the City identifies the progress made toward goals established in the prior Housing Element. The Housing Plan addresses the identified housing needs, and includes a series of housing goals, policies, and programs. The California Legislature states that a primary housing goal for the State is ensuring every resident has a decent horne and suitable living environment. Section 65580 of the California Government Code describes the goal in detail: The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farm - workers, is a priority of the highest order. • The early attainment of this goal requires cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. • The provision of housing affordable to low- and moderate - income households requires the cooperation of all levels of the government. • Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for housing needs of all economic segments of the community. • The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. State law requires housing elements to be updated every four or eight years to reflect a community's changing housing needs, unless otherwise extended by State legislation. (The 2008 -2014 Housing Element was extended by State legislation.) The Government Code also requires that each draft Housing Element be reviewed by the California Department of Housing and Community Development and that the Department's findings be incorporated prior to adoption, or that specified findings be made in response to the Department's comments. Baldwin Park 2020 General Plan HE -2 Housing Element In response to changing State law pertinent to housing elements, this updated Housing Element addresses new State laws that are intended to facilitate and expedite the construction of affordable housing. Extremely Low Income — AB2634 requires local jurisdictions to assess the housing needs of extremely low- income households, in addition to the established requirement to examine the needs of very-low, low -, and moderate - income households. The extremely low- income is defined as 0 to 30 percent of the Area Median Income. The Needs Assessment includes extremely low- income households in discussions on housing need. ■ Land Inventory and Analysis — AB2348 (Chapter 724) amended housing element law to include more specific requirements for the content of the land inventory and analysis section. Specifically, the land inventory must include parcel- specific listing of available sites including the parcel number or "unique" reference. The land inventory is included as Appendix B. Constraints for Persons with Disabilities — SB520 requires that housing elements identify potential and actual constraints upon the development, maintenance and improvement of housing for persons with disabilities. The Constraints section addresses possible constraints for persons with disabilities. Implementation Program #20 includes avenues to reduce and remove these constraints. ■ Emergency Shelters — S132, Chapter 633 requires that local governments assess homeless need and identify opportunities for addressing this need through siting of emergency shelters. Implementation Program #16 is included in the Housing Plan to comply with State law. The Baldwin Park General Plan consists of nine elements: Land Use, Urban Design, Economic Development, Circulation, Housing, Open Space and Conservation, Public Safety, Noise, and Air Quality. The Housing Element complements other General Plan elements and is consistent with the policies and proposals set forth by the Plan. For example, residential densities established in the Land Use Element are incorporated within the Housing Element and form the basis for establishing the residential capacity within the City. Environmental constraints identified in the Safety Element, such as areas of the City in which potential residential development could be impacted by flood waters, are recognized in the Housing Element. Whenever any element of the General Plan is amended, the Housing Element will be reviewed and modified, if necessary, to ensure continued consistency between elements. Baldwin Park 2020 General Plan HE -3 Housing Element MMUNTIVIE A number of local and regional plans and programs relate to the Housing Element. Brief descriptions of these plans and programs follow. State Housing Element law requires the Southern California Association of Governments (SCAG) to create a plan every five years that summarizes regional housing needs for both existing conditions, as well as for a five -year planning period. The planning period was extended by State law, and the current planning period for SCAG jurisdictions encompasses eight years (2006- 2014). This plan, known as the Regional Housing Needs Assessment (RHNA), allocates regional housing needs by income level among member jurisdictions. SCAG has determined the City's housing needs for the period 2006 -2014 is 744 new housing units. Baldwin Park Redevelopment Project Areas The Baldwin Park Redevelopment Agency has adopted six redevelopment project areas to revitalize blighted areas in the City. Twenty percent of the tax increment generated from these project areas is set aside for affordable housing programs and projects. Consistency must be achieved between the goals and policies in this Housing Element and those established in the redevelopment plans for these projects. The Consolidated Plan is a five -year planning document required of all jurisdictions receiving Federal Housing and Urban Development (HUD) funding. Baldwin Park's 2005 -2010 Consolidated Plan fulfills the City's statutory requirements for the City's two entitlement programs: Community Development Block Grant (CDBG) and HOME investment Partnership (HOME). The major purpose of the Consolidated Plan is to encourage jurisdictions to develop a plan for addressing the needs for low income groups that are intended beneficiaries of HUD programs. The Plan is required to describe the jurisdiction's housing and community development needs, set out a strategy that establishes priorities, and establish a short -term investment plan that outlines the intended use of resources. The Housing Element builds upon the City's Consolidated Plan. The Zoning Ordinance is the key device for implementing the General Plan. The General Plan, when adopted in 2002, introduced a new mixed -use (Mixed -Use) category to allow for integrated retail, office, and residential uses within in the City's downtown Baldwin Park 2020 General Plan HE -4 Housing Element area and selected areas along transit routes. To implement the General Plan, the City is in the process of comprehensively revising the Zoning Ordinance, now to include two mixed -use zones (Mixed -Use 1 and Mixed -Use 2) that provide opportunities for medium- and high- density residential mixed -use developments, with limited commercial, institutional, office, and service uses. The Zoning Ordinance, which implements higher densities in the Mixed -Use areas, is scheduled for adoption in the summer of 2011, prior to adoption of the Housing Element. As such, all sites identified in this Housing Element are determined to be adequate and sufficient sites are available to meet the City's regional housing needs by income level. • • • • The Housing Element must reflect the values and preferences of the residents, and U1C1 C1V1 C, c1L1LC11 pill llCl1JA61Vn is an 'llllpol lallL l.ollpollellt of the UC VC1Vp1r1e11L of this Element. The City encourages and solicits the participation of its residents and other �J1v.:C.`�.`� yr aa —i yi— vu.�ial ii, c 111—ii LY de°v'Cl F—C-L and prioritizing expenditure of funds. Section 65583(c)(7) of the Government Code states, "The local government shall make diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort." This process not only includes residents of the community, but also coordinates participation among local agencies and housing groups, community organizations, and housing sponsors. The public was invited to participate in a Planning Commission and Housing Commission joint study session on October 8, 2008. The Draft Housing Element is available for review at City Hall and on the City's website starting September 22, 2008. To ensure that the housing concerns of low- and moderate - income and special needs residents were addressed, individual invitation letters were distributed to agencies and organizations that serve the low- and moderate - income and special needs community in Baldwin Park. These agencies were invited to review and comment on the 2008 -2014 Housing Element and to attend the joint study session on October 8, 2008. Included in the invitations were: ■ Baldwin Park Community Center ■ Baldwin Park Family Service Center ■ California Family Counseling Network ■ Casa Cardenas ■ Catholic Charities (San Gabriel Valley Region) ■ Center for Aging Resources Heritage Clinic Pasadena ■ Center for Integrated Family and Health Services (The Family Center) ■ Children's Bureau (Baldwin Park Office) ■ East Valley Community Health Center ■ East San Gabriel Valley Coalition for the Homeless ■ Foothill Family Service ■ Jewish Family Resource Services ■ La Puente Valley Mental Health Center Baldwin Park 2020 General Plan HE -5 Housing Element ■ Los Angeles County Department of Health Services, Public Health Alcohol and Drug Program Administration ■ New Hope Christian Counseling Centers ■ Project Sister ■ Redeemer Food Bank ■ SPIRITT Family Services • Santa Anita Family Service (and Santa Anita Senior Services) • Serenity Infant Care Home, Inc. • YWCA -WINGS (Women in Need Growing Strong) At the October 8, 2008 study session, public comment was received on the Housing Element. Specifics regarding the RHNA were answered for the Housing Commission. Two comments were received from audience members. One comment was related to continued availability of the Draft Housing Element for review and comment, The second comment was related to homelessness, thanking the City for making efforts to assist the homeless through revisions to the Zoning Ordinance consistent with SB 2. Staff informed the audience and Commissions that the Element was currently on the City's website, and would remain there throughout the State Department of Housing and Community (HCD) review period. The public was invited to comment on the Element at any time during this review period. In addition, once HCD has reviewed the Draft Element, public hearings will be held before the Planning Commission and City Council to review the Final Element. A revised draft will be posted on the City's website for public review. Agencies and organizations that serve the low- and moderate - income and special needs community in Baldwin Park will be invited to review the revised draft and provide comments. Following the study session, a comment letter was received on November 11, 2008. The comment letter was also reviewed and considered by HCD. In response to the comments received, the following revisions to the Housing Element were made: revisions to Programs 2, 9, and 16; expanded analysis of needs for disabled persons and large households; additional analysis of capacity for emergency shelters; and expanded discussion of realistic capacity for housing units, including methodology. Data from a variety of resources inform the crafting of the Housing Element. One of the most cited sources is the 2000 Census; the Census, though dated, provides consistent demographic characteristics that are widely accepted. California Department of Finance 2007 Population and Housing supplements the 2000 Census data. Additional information has been drawn from the 2004 Comprehensive Housing Affordability Strategy (CHAS) data, which is drawn from Census 2000 data. CHAS data is based on special tabulations for the U.S. Department of Housing and Urban Development (HUD) from sample Census data. Baldwin Park 2020 General Plan HE -6 Housing Element The Housing Needs Assessment addresses population characteristics, employment patterns, income levels, and illustrates how Baldwin Park has grown and changed. This assessment identifies patterns and trends that serve as the basis for defining the City's housing policies and programs. Projections are provided to show how the community is expected to change in the coming years. The data used in this needs assessment have been collected from a variety of sources, including the U.S. Census Bureau (1990 and 2000 Census, 2006 American Community Survey), California Department of Finance, and SCAG. For demographic data, estimates are used to show changes in conditions since the 2000 Census. Many of these estimates (such as the 2006 American Community Survey) are shown solely as percentages, as the raw numbers carry a significant margin of error, especially for smaller geographical areas such as cities. Nonetheless, the percentages give a general indication of population and employment trends. The information contained in the 2004 Comprehensive Housing Affordability Strategy (CHAS) for Baldwin Park is based on special tabulations from sample Census 2000 data for HUD. Thus, the number of households in each category often deviates slightly from 100 percent due to extrapolations to the total household level. Because of this, interpretations of CHAS data should focus on proportions and percentages, rather than on precise numbers. As with any other built -out city, Baldwin Park will have to address housing needs through such tools as redevelopment, infill development, neighborhood revitalization, and planned density. To clarify the type of housing that will be needed to meet anticipated future demand, Housing Element law requires an assessment of population and employment trends. Characteristics such as age, ethnicity, and employment influence the type and cost of housing needed or in high demand. Tracking demographic changes helps the City better plan for, respond to, and /or anticipate changing housing demand. Since Baldwin Park incorporated in 1956, there have been two periods of substantial growth. Between 1960 and 1970, the population increased 39 percent, to 47,285 residents, due to single - family housing construction. During the 1970 to 1980 period, the population grew another 37 percent to 69,330 due to multi- family housing construction and an increase in household size. In 2000, the Census Bureau indicated that the City had reached a population of 75,753. More current population estimates place the population at 81,146 (California Department of Finance, 2007). Between 1990 and 2007, Baldwin Park's population increased by 17 percent, the majority of which occurred between 2000 and 2007. This population change closely paralleled the experiences of Baldwin Park 2020 General Plan HE -7 Housing Element many surrounding communities and was only slightly less than increases in Los Angeles County as a whole. Table H -1 Population Growth: Baldwin Park and Surrounding Cities, 1990 -2007 Jurisdiction 1990 2000 2007 Change 1990 -2007 % Change 2000 -2007 Baldwin Park 69,330 75,753 81,146 17% 7% Azusa 41,333 44,371 48,640 180/0 100/0 Covina 43,207 47,144 49,720 15% 5% El Monte 106,209 116,249 126,282 19010 9% Industry 580 1,004 804 39% -20% lrcvindale 1,050 1,472 5 655: 58°r/; i2 v La Puente 36,955 41,009 43,338 17 %6% `x.TeS� C, o-,Jim 9^ vvv iv4,v9 116,7 J.i 10 O 80/1 Los Angeles County 8,863,1641 9,519,338 10,331,939 179/o 90/0 Source: U.S. Census 1990, 2000 and California Dept. of Finance, 2007 Estimates of future growth indicate a moderate yet steady increase in population over the next 20 years. SCAG estimates that the population of Baldwin Park will reach 91,219 by the year 2030, an average population increase of 0.62 percent per year. Table H -2 Population and Growth 1940 -2030 Year Population Number Growth from Previous Decade 1960 33,951 1970 47,285 39% 1980 50,554 7% 1990 69,330 37% 2000 75,753 90/0 2007 81,146 7% 2020 (projection) 88,880 100/0 2030 (projection) 91,219 30/6 Sources: U.S. Census 1990,2000; 2007 California Department of Finance; 2004 SCAG RTP Projections M Population age distribution serves as an important indicator of housing needs, as housing needs and preferences change as an individuals or households grow older. Young families tend to focus more on cost and the ability to become first -time homebuyers. Cost and Baldwin Park 2020 General Plan HE -8 Housing Element access to services are important to seniors because they may be on fixed incomes and have mobility limitations. Table H -3 shows the age distribution of Baldwin Park residents, as reported by the 2000 Census. Table H -3 Age Distribution Age group 1990 2000 2006 Number Percent Number Percent Percent Preschool (0 -4 years) 7,471 110/0 7,324 100/0 7% School Age (5 -17 years) 16,912 24% 19,153 25% 27% College Age (18 -24 years) 9,428 14% 9,000 12% 80/0 Young Adult (25 -44 years) 22,626 33% 23,231 31% 27% T 2 :,7.77,_ A,.�,. 1 AZ G A 1V11UU1e Ag k4_3 6`t years rt tl �+n 7,VG`J °r 13 /O 1L,463 10 �° ZI �O Senior Adults (65+ years) 3864 6% 4,666 69/o 10% Total 69,330 100 1/0 75,8371 100 %' 100 0/0 ' Median Age - 26.9 1 32.6 Source: U.S. Census 1990, 2000 and American Community Survey 2006 In 2006, young adults (25 -44 years old) and school -age children (5 -17 year old) constituted the largest age group, both at 27 percent, followed by the middle -age group (45 -64 years old), at 21 percent. Since 1990, the proportion of residents within the preschool and young adult age groups has been declining, a trend seen nationwide'. The middle -age group (45 -64 years old), on the other hand, has increased consistently. This trend shows that the City's residents are becoming older in general, as evidenced by the increasing median age in the City. An aging population indicates that in the future, demand will be higher for smaller housing units and housing programs such as housing repair services for seniors. Race and Ethnicity Table H -4 shows the racial /ethnic distribution of population in Baldwin Park. Over the last decade, Baldwin Park's ethnic composition has been gradually shifting, a trend seen throughout California. In 1980, the two most prevalent groups in the community were Whites (35 percent) and Hispanics (58 percent) (Consolidated Plan 2005 -2010, Community Development Department), but by 1990, the population of Whites had declined to 15 percent, while the Hispanic population had increased to 71 percent. The Asian population also experienced a dramatic increase, nearly tripling, from 4 percent to 12 percent. Since 1990, the Hispanic and Asian populations have continued to gradually increase, while the White population has continued to decline. 1 Profile of the California Young Population (Age 16 -24). California State Library. Rosa Maria Moller Ph.D. 2004 Baldwin Park 2020 General Plan HE -9 Housing Element Table H -4 Race and Ethnicity by Person Racial /Ethnic Group 1990 Population 2000 Population 1990 to 2000 Population Change Baldwin Park Los Angeles County Baldwin Park Los Angeles County Baldwin Park Los Angeles County White 150/0 41% 7% 31% -80/0 -100/0 Hispanic 71% 38% 79% 450/6 80/0 7% Black 2% 110/0 10/0 9010 -10/0 -10/0 Asian/Pacific Islander 110/0 100/0 12% 12% 00/0 2% Other 00/0 0010 1% 3% 1% 2% Total 1000/0 1000/0 100% 100% 90/0 110/0 Source: I LS, Census 1990, 2000 and A rneric -m Cerarnuniry c,,n ey 2006 111�1 -37 Figure H -1 shows the income disparity between ethnic /racial groups in the City and County. Asian households earned a median household income of $52,561 in Baldwin Park, an income 25 percent higher than all households in the County. White households in Baldwin Park earned incomes that were approximately 35 percent lower than White households countywide. Hispanic and Black households earned more, but were still below the County average income of $42,189. All Households White alone {not Hispanic /Latino} Hispanic /Latina alone Asian alone Black/African American alone Source: U.S. Census 2000 Figure H -1 Median Earnings by Race /Ethnicity, 2000 Los Angeles County ■ Baldwin Parr Baldwin Park 2020 General Plan HE -10 Housing Element Age distribution also varies significantly by race and ethnicity (Figure H -2), as the average age of White and Asian residents tends to be older than that of Hispanic and Black residents. Figure H -2 Baldwin Park Median Age by Race /Ethnicity, 2006 All White alone (not Hispanic /Latino) Hispanic /Latino alone Asian alone Black/African alone Source: U.S. Census American Community Sun ey 2006 Household Characteristics Household type and size, income level, the presence of persons with special needs, and other household characteristics may affect access to and demand for housing and housing programs. This section details the various household characteristics in Baldwin Park. MOTOIRM Household characteristics and types can impact the type of housing needed. For instance, single - person households often occupy smaller apartment units or condominiums, such as studio and one - bedroom units. Married couples often prefer larger single - family homes, particularly if they have children. This underscores the need to provide a diversity of housing opportunities to provide households of different ages and types the opportunity to live in Baldwin Park. The U.S. Census Bureau defines a household as all of the people who occupy a housing unit. A household is different than a housing unit, as housing units are living quarters (homes, apartments, mobile homes, etc.). A household refers to the group of persons living in a housing unit. According to the California Department of Finance, at the beginning of 2007, the average household size in Baldwin Park was 4.65 people. This represents a 5 percent increase over the 4.43 average size in January 2000. Baldwin Park's average household size is much higher than that of Los Angeles County as a whole, which averaged 3.13 persons per household. Baldwin Park 2020 General Plan HE -11 Housing Element The data in Table H -5 indicate that Baldwin Park appears to be a stable, family- oriented community, with 89 percent of all households classified as families. This proportion has remained very stable between 1990 and 2000 (86 percent in 1990). The City has a much higher proportion of family households than the County (68 percent), the State (69 percent), and the nation (68 percent). Perhaps the most striking figure in Table H -5 is the increase in the proportion of families with no children, a jump of 1,591 families over the course of the decade. This was marked by corresponding decreases in families with children and single households. Table H -5 Household Characteristics Household Type 1990 2000 Percent Change Number Percent Number Percent in Household Total Households: 16,614 100.011/0 16,961 100.00/0 2.19/0 Families 14,2871 86.09/ , 15,0691 88.8% . 5.5%. :th children 10,290 61.9 (0 9,481 55.99/0 -7.9% with no children 3,997 24.19/0 5,588 32.9% 39.8% Non - Families 2,327 14.0% 1,892 11.2% - 18.7% Singles 1,751 10.5% 1,379 8.1% - 21.2% Others 576 3.5% 513 3.0% - 10.9910 Average Household Size - 4.44 Average Family Size 4.33 4.53 4.6% Renter - Occupied 40% 39% -1.5% Owner- Occupied 1 60% 61% 1 1.7% Source: U.S. Census 1990 and 2000 Household size and composition are often interrelated. Communities with a large proportion of families with children tend to have a large average household size. In Baldwin Park, however, the proportion of families without children has dramatically increased, while at the same time the average family size has also increased since 1990. The increase in household size may be due to an increase number of extended family members sharing the home, while the increase in families without children may be due to the rise in the senior population, who tend not to have children in the household. Income and Employment Income Profile Household income is a critical, although not the only, factor affecting housing opportunity because it determines a household's ability to purchase or rent housing and balance housing costs with other necessities. Income levels can vary considerably among households, affecting preferences for tenure, location, and housing type. While higher - income households have more discretionary income to spend on housing, low- and moderate - income households have a more limited choice in the housing they can afford. Baldwin Park 2020 General Plan HE -12 Housing Element The 2000 median household income in Baldwin Park was $41,629, slightly below the median household income for Los Angeles County ($42,189). Figure H -3 shows that overall, Baldwin Park has a larger proportion of residents (41 percent) earning less than $35,000 per year. In other income categories, though, the proportion of City residents earning between $35,000 and $74,999 is slightly higher than the County average. However, the proportion of residents earning above $75,000 is substantially lower in the City (6 percent) than in the County (14 percent) MA AAA f P�W�LyF,�4g9p�q 1�l� ${ US $0-14,00 Figure H -3 Household Income Distribution, 2006 { Los Angeles, County sl5al&wInPark Source: U.S. Census American Community Survey 2006 For housing planning and funding purposes, the State Department of Housing and Community Development (HCD) uses five income categories to evaluate housing need based on the Area Median Income (AMI) for each county: ■ Extremely Low - Income Households earn between 0 and 30% of AMI ■ Very Low - Income Households earn between 31 and 50% of AMI ■ Low- Income Households earn between 51 and 800/o of AMI ■ Moderate - Income Households earn between 81 and 120% of AMI ■ Above Moderate - Income Households earn over 120% of AMI The CHAS special Census tabulations developed for HUD provide a specific breakdown of household income adjusted for family size. As shown in Table H -6, moderate- and above moderate - income households comprise the largest share of all households, and the low - income households comprise the second largest category. According to the 2000 CHAS, less than 12 percent of the City's total households are classified as extremely low income (0 -30 percent of AMI), less than 14 percent are classified as very low income (31- 50 percent of AMI), and approximately 20 percent were classified as loin income (51 -80 percent AMI). The County slightly outpaces Baldwin Park at both ends of the income spectrum, with somewhat higher percentages of moderate /above - moderate incomes as Baldwin Park 2020 General Plan HE -13 Housing Element well as of extremely low incomes. The trend is reverse in the very low- and low- income categories, where the City has slightly larger proportions than the County. Table H -6 Households by Income Category Source: HUD CHAS Data Book, 2004 (Based on 2000 Census) HOuSiiig tenure refers to whether a unit 15 Owned Or rented. Tenure is closely correlated with income, as those households with lower incomes most usually cannot afford to buy al i. -vnSio ieuL wiui L111S fact, renters in Baldwin .Cares earned lower incomes overall, with about 40 percent earning less than half the median income for the County. There was a significant difference between renter and owner households, as the proportion of owners earning less than half the median income was only 15 percent. Elderly renters are shown to be in the most precarious financial situation, with nearly three - quarters earning less than half of the median income. Table H -7 Tenure By Income Category by Household Type Household Type Extremely Low Income (0 -30% AMI) Very Low Income (31 -50% AMI) Low Income (51 -809/o AMI) Moderate /Above Renter - Occupied Households Extremely Low- Very Low - Income Low - Income Moderate - Income Household Type Income 0 -30% 31 -500/6 51 -800/. 81 %+ Baldwin Park 11.2% 13.3% 20.2% 55.2% Los An eles County 13.2% 11.3% 15.6% 60.0% Source: HUD CHAS Data Book, 2004 (Based on 2000 Census) HOuSiiig tenure refers to whether a unit 15 Owned Or rented. Tenure is closely correlated with income, as those households with lower incomes most usually cannot afford to buy al i. -vnSio ieuL wiui L111S fact, renters in Baldwin .Cares earned lower incomes overall, with about 40 percent earning less than half the median income for the County. There was a significant difference between renter and owner households, as the proportion of owners earning less than half the median income was only 15 percent. Elderly renters are shown to be in the most precarious financial situation, with nearly three - quarters earning less than half of the median income. Table H -7 Tenure By Income Category by Household Type Household Type Extremely Low Income (0 -30% AMI) Very Low Income (31 -50% AMI) Low Income (51 -809/o AMI) Moderate /Above Moderate - Income (810/.+AMI) Renter - Occupied Households Elderly (62+ years) 46% 2811/o 13% 14% Small Families (2 -4 persons) 16% 190/0 26% 39% Large Families (5+ persons) 17% 20% 25% 38% Others 26% 20% 12% 42% Total Renters 19% 20% 24% 37% Owner - Occupied Households Elderly (62+ years) 17% 17% 32% 35% Small Families (2 -4 persons) 50/0 6% 13% 7511/o Large Families (5+ persons) 3% 9% 20% 67% Others 90/0 10% 6% 75% Total Owners 6% 9% 18% 67% Total Households 110/0 130/o 200/o 550/o Source: HUD CHAS Data Book, 2004 (Based on 2000 Census) Baldwin Park 2020 General Plan HE -14 Housing Element Employment Trends of Residents Current and future housing needs in Baldwin Park are impacted by the labor and employment characteristics of residents. Different occupations often translate into different wage levels. Wage directly impacts a household's ability to afford to certain types of housing, the ability to rent or own housing, and the ability to adequately maintain housing. According to the 2000 Census, an estimated 26,153 employed persons resided in Baldwin Park. This number was significantly lower than in 1990, when 28,573 residents reported having jobs. This drop is significant, especially considering that the City's overall population grew by over 6,423, but may be partly due to the increase in school age and senior populations, which are less likely to be employed. Table H -8 shows the type of occupations held by Baldwin Park residents. Between 1990 and 2000, there was an increase in the proportion of residents in sales and office occupations and a decrease in construction and maintenance jobs. This is an important trend, as sales and office occupations have lower wage earnings (Table H -9). Table H -8 Employment by Occupation Occupation 1990 2000 Employees % of all jobs Employees % of all jobs Managerial/Professional 3,786 13% 3,936 15% Service occupations 8,069 28% 4,740 180/0 Sales and office occupations 3,469 12% 6,899 26% Farming, fishing, forestry 692 20/o 69 00/0 Construction, maintenance 6,727 24% 2,804 110/0 Production/Transportation 5,830 20% 7,705 29% Total 128,573 1000/. 26,153 1000/0 Source: U.S. Census 2000 and American Community Survey 2006 Table H -9 shows that the median earnings for Baldwin Park residents were slightly higher than in the County as a whole in service occupation, construction and maintenance, and production and transportation employment categories. Baldwin Park 2020 General Plan HE -15 Housing Element Table H -9 Median Earnings by Occupation Occupation Baldwin Park Los Angeles County Managerial/Professional $42,573 $60,603 Service occupations $23,698 $21,492 Sales and office occupations $25,478 $34,372 Farming, fishing, forestry NA $18,199 Construction, maintenance $34,435 $31,083 Production/Transportation $27,345 $24,612 Source: American Community Survey 2006 Certain groups have more difficulty finding decent, affordable housing due to their special circumstances. Special circumstances may be related to income earning potential, family characteristics, the presence of physical or mental disabilities, or age - related health issues. As a result, certain groups typically earn lower incomes and have higher rates of overpayment for housing, or overcrowding. A central goal of the Housing Element is to assist persons with special needs in meeting their housing needs. Elderly The elderly are a large and rapidly growing segment of the population in Baldwin Park. Specific housing needs of the elderly include affordable housing, supportive housing (such as intermediate care facilities), and other housing that includes a planned service component. According to the 2000 Census, 6.2 percent of the population, or 4,666 persons, in Baldwin Park are over the age of 65, compared to the 9.7 percent in the County. Many elderly persons have limited income potential, as they are most often retired and have fixed incomes (retirement funds and Social Security income). This poses a special problem with regard to housing affordability. Per HUD's CHAS Databook, Baldwin Park has 1,157 elderly households that earn low and moderate incomes (less than 80 percent AMI). AM, A tT Both mentally and physically disabled residents face housing access and safety challenges. Disabled residents often need affordable, conveniently located housing which, where necessary, has been specially adapted for wheelchair accessibility, along with other physical needs. The living arrangements for persons with disabilities can depend on the severity of the disability. Many disabled persons live at home in an Baldwin Park 2020 General Plan HE -16 Housing Element independent environment and receive the assistance they need through the help of other family members. To maintain independent living, disabled persons may require other kinds of assistance. This can include special housing design features for the physically disabled and in -home supportive services for persons with medical conditions. Disabled people, in most cases, are of limited incomes, often receiving Social Security income only, with housing costs taking the majority of their monthly income. Because people with disabilities spend a higher percentage of income on housing, overcrowding is frequent as housing expenses are shared with others, oftentimes live -in caretakers. In addition, the adults often have the problems of securing and paying for childcare. They may have the further burden of obtaining an education or training for themselves to increase their incomes. In addition, disabled persons may face difficulty finding accessible housing (housing that is made accessible to people with disabilities through the positioning of appliances and fixtures, the heights of installations and cabinets, layout of unit to facilitate wheelchair movement, etc.). Many Baldwin Park residents have personal disabilities that prevent them from working, restrict their mobility, or make it difficult to care for themselves. In 2000, 24 percent of the population reported a disability, slightly higher than the County proportion of 20 percent. A significant proportion of the senior population (51 percent) is disabled. Table H -10 Disability by Age Age Group 2000 Total Persons Persons with a Disability % of Total Age Group 5 -15 Years 16,486 739 4% 16 -64 Years 47,214 13,345 28% Over 65 Years 4,374 2,243 51.3% Total 68,0741 16,327 24% Source: U.S. Census 2000 California State Code Title 24 requires all multiple - family residential developments of three or more units, and stacked condominium developments of four or more units, to be accessible to disabled persons. However, because Title 24 regulations were not in effect at the time that many of the City's housing units were constructed, it is likely that there exists a shortage of housing units accessible to people with disabilities. The City's home improvement program provides funding to eligible residents to assist in the construction of improvements to provide access to housing for disabled persons. In addition, Baldwin Park does not require special building codes or onerous project review to improve or convert housing for persons with disabilities. Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning and other land -use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use a dwelling. Baldwin Baldwin Park 2020 General Plan HE -17 Housing Element Park adopted a reasonable accommodation ordinance as part of the comprehensive Zoning Ordinance update in 2011. 07M_ State law identifies two specific family groups as having special housing needs: large families /households and families with female heads of households. The reasons for their special need status varies and may include lower income status, the presence of children, and the need for financial assistance, as well as the available of suitably sized housing. Table H -11 Special Needs Households Source: U.S. Census 2000 and American Community Survey 2006 Large Households In general, large households (with five or more members) are identified as a group with special housing needs based on the limited availability of adequately sized, affordable housing units. Larger units are often fairly expensive. As such, large households are often forced to reside in smaller, less expensive units or double up with other families or extended family to save on housing cost. This can result in overcrowding. The 2000 Census reported 7,385 large households with five or more members in Baldwin Park, of which 59 percent owned a home. These households are usually families with more than two children or families with extended family members such as in -laws or grandparents living in the same housing unit. According to CHAS data, 81 percent of large- family owners and 92 percent of large - family renters experienced one or more housing problems. Housing problems include overcrowding, cost burden, and substandard conditions. Female- headed Households In 2000, 2,825 female- headed households lived in Baldwin Park, representing 17 percent of all households. Female- headed households with children made up 9 percent of all households. Single- parent households require special consideration and assistance because of the greater need for day care, health care, and other services. Female- headed households with children in particular tend to have lower incomes, thus limiting housing availability for this group. In addition, these households have a greater need for Baldwin Park 2020 General Plan HE -18 Housing Element Female Headed Female- Headed Households with Data Year Characteristics Large Households Households Children 2000 Total Households 7,385 2,8251 1,5831 of all households 440/o 17% 9010 Renters 41% 52% 65% Owners 59% 48% 35% Source: U.S. Census 2000 and American Community Survey 2006 Large Households In general, large households (with five or more members) are identified as a group with special housing needs based on the limited availability of adequately sized, affordable housing units. Larger units are often fairly expensive. As such, large households are often forced to reside in smaller, less expensive units or double up with other families or extended family to save on housing cost. This can result in overcrowding. The 2000 Census reported 7,385 large households with five or more members in Baldwin Park, of which 59 percent owned a home. These households are usually families with more than two children or families with extended family members such as in -laws or grandparents living in the same housing unit. According to CHAS data, 81 percent of large- family owners and 92 percent of large - family renters experienced one or more housing problems. Housing problems include overcrowding, cost burden, and substandard conditions. Female- headed Households In 2000, 2,825 female- headed households lived in Baldwin Park, representing 17 percent of all households. Female- headed households with children made up 9 percent of all households. Single- parent households require special consideration and assistance because of the greater need for day care, health care, and other services. Female- headed households with children in particular tend to have lower incomes, thus limiting housing availability for this group. In addition, these households have a greater need for Baldwin Park 2020 General Plan HE -18 Housing Element accessible daycare and other supportive services. The City's Housing Authority and Recreation and Community Services Department provide housing and supportive services that offer support programs to female headed households. The Housing Authority provides rent subsidies through the Section 8 Voucher program. The Recreation and Community Services Department offers affordable childcare programs to low - income families. Additionally, the City supports the Teri G. Muse Family Service Center, which is a central facility for non - profit agencies offering social, health, and human services to the residents of Baldwin Park. Services include various types of counseling and health programs for individuals and families. All services are offered at low or no cost to participants. Homeless Persons Homelessness continues as a regional and national issue. Services and facilities available for the homeless are coordinated in Baldwin Park and Los Angeles County as a continuum of care. The continuum of care begins with assessment of the needs of the homeless individual or family. The person /family may then be referred to permanent housing or to transitional housing where supportive services are provided to prepare them for independent living. The goal of a comprehensive homeless service system is to ensure that homeless individuals and families move from homelessness to self - sufficiency, permanent housing, and independent living. Because of the transient nature of homelessness, gauging an estimate of homeless persons is difficult. One source of information on homelessness in the City of Baldwin Park is the 2003 East San Gabriel Valley Homeless Count Survey conducted for East San Gabriel Valley Coalition for the Homeless (ESGVCH). This non - profit organization provides emergency shelters and other forms of assistance to homeless families and persons, as well as at -risk low - income persons in the East San Gabriel Valley, which includes the City of Baldwin Park. The ESGVCH is an active partner with the Continuum of Care of Homeless Services in East San Gabriel Valley. The 2003 Homeless Count Survey was prepared by the Institute of Urban Research and Development, and was conducted to enhance the region's knowledge of the number and background of homeless persons living in East San Gabriel Valley on any given day. The survey identified approximately 2,703 adults and children in East San Gabriel Valley who are homeless every day. Of these individuals, an estimated 57 homeless adults are from the City of Baldwin Park. The ESGVCH provides its services to the area's homeless and at -risk populations through a series of facilities. These facilities include a Homeless Emergency Assistance Center in the neighboring city of Covina, a Services Access Center housed in the West Covina Community Services Center, and emergency winter shelters established in local churches on a rotating basis. In addition, homeless persons in Baldwin Park are provided with transportation to these facilities from the Family Service Center in Baldwin Park. The Center provides community resources to individuals who need social services such as food, transportation, and referrals. Baldwin Park 2020 General Plan HE -19 Housing Element The City of Baldwin Park relies upon the services provided by ESGVCH and allocated CDBG funds to financially assist the operations of the ESGVCH, which appears to adequately serve the needs of the local homeless population. Farmworkers The City of Baldwin Park is primarily urbanized. INTO farming operations exist in the City. As such, the City has no seasonal housing needs for crop - related farmworker jobs. us This section addresses characteristics of the housing supply in Baldwin Park, including type, age, condition, costs, and availability. Baldwin Park is a built -out city and in recent years, has experienced only a modest growth in its housing stock. The 2000 Census reported 17,179 housing units in Baldwin Park, representing an increase of approximately 2 percent since 1990 (Table H -12). Year 2007 estimates show a 2 percent growth since 2000. Overall, the City has experienced a growth of 4 percent since 1990. The level of growth in Baldwin Park is similar to that experienced in the majority of nearby cities and closely paralleled the housing growth of the County of Los Angeles as a whole. Table H -12 Housing Unit Growth Jurisdiction 1990 2000 2007 Change 2000 -2007 % Change 1990 -2007 Baldwin Park 17,179 17,430 17,781 2% 4% Azusa 13,232 13,013 13,516 4% 2% Covina 16,110 16,364 16,537 10/0 3% El Monte 27,167 27,758 28,780 4% 6% Industry 139 124 124 00/0 -110/0 Irwindale 282 378 412 90/0 46% La Puente 9,285 9,660 9,699 0% 4% West Covina 31,112 32,058 32,797 2% 5% Los Angeles County 3,163,3431 3,270,909 3,382,356 3% 70/o Source: U.S. Census 1990, 2000 and CA Dept. of Finance, 2007 Diversity in the types of housing available within a community promotes equal housing opportunity for persons of all income levels. A balanced housing stock allows households Baldwin Park 2020 General Plan HE -20 Housing Element of all income levels, age, and size the opportunity to find housing suited to their needs. In the 1950s, Baldwin Park housing unit mix was predominantly single - family, but over the years, the community has matured and the housing stock has gradually becoming more diversified, providing for a wider range of housing choices. Although much of the multi- family housing growth occurred during the 1950s, 1960s, and 1980s, it slowed from 1990 on. The table below summarizes the housing mix in 1990, 2000, and 2007. As shown in the table below, the majority of housing units in Baldwin Park consist of single- family homes, making up 78 percent of the City's housing stock, with multi - family comprising 20 percent and mobile homes filling out the remaining 2 percent. According to the State Department of Finance, the City's housing stock has grown by 4 percent since 1990. Multi - family units increased by 7 percent since 1990, while the number of single - family units increased by 5 percent. The only category that experienced a decrease in the number of total units is the Mobile Homes, Trailers, and Other category ( "Other" refers to cars, campers, etc), which experienced a 61 percent reduction. since 1990. The reduction that occurred between 2000 and 2007 to this group of housing units is primarily due to the elimination of two nonconforming mobilehome parks within the City. These parks were closed by the property owners; one was converted to a conforming use and one remains vacant. There two other existing, nonconforming mobilehome parks in the City containing 56 residential units. Table H -13 Housing Unit Types Housing Type 1990 2000 2007 2000- 2007 Percent Change in Units Number of Units Percent of Total Number of Units Percent of Total Number of Units Percent of Total Single - Family Detached 11,522 67% 11,747 67% 11,997 68% 2% Single - Family Attached 1,632 9% 1,861 110/0 1,878 11% 1% Total Single - Family 13,154 77% 13,608 7811/o 13,875 78% 2% Multi- Family 2 -4 Units 562 3% 601 3% 610 3% 1% Multi- Family 5+ Units 2,766 16% 2,878 17% 2,953 17% 3% Total Multi - Family 3,328 19010 3,479 20% 3,563 20% 2% Mobile Homes, Trailer & Other 697 4% 343 2% 275 2% -25% Total 17,179 100% 117,430 100% 117,713 100% 2% Source: CA Department of Finance, 1990 and 2007 Tenure Housing tenure refers to whether a unit is owned or rented. Table H -14 shows that the ratio of owners to renters in Baldwin Park remained steady between 1990 and 2006, with 61.9 percent of Baldwin Park residents owning the home in which they live. This speaks to the stability of the City's residential neighborhoods. The housing stock was developed with the intention of providing reasonably priced, detached single - family home Baldwin Park 2020 General Plan HE -21 Housing Element ownership opportunities. It remains owner - predominate today, with only 38.1 percent of units in Baldwin Park occupied by renters. Table H -14 Tenure and Vacancy Tenure 1990 2000 Percent Change in Units Number Percent of Total Number Percent of Total Total Housing Units 16,614 100.00/0 16,961 100.00/0 2.09% Renter - Occupied 6,626 39.9% 6,612 39.0% - 0.21% Owner Occupied 9,988 160.1% 10,349 161.0010 3.61% Rental Vacancy Rate 3.60/o 1.9010 - Owner Vacancy Rate 1.20/n t,2e/� - Overall Vacancy Rate 3.29% 2.69% Note: C: u , cy rH l d other vacancies ..a adds, o.n to o er /rent^ nd ng s �� of but not occupied. Source: U.S. Census 1990 and 2000. Vacancy The vacancy rate indicates a relationship between supply and demand. According to SCAG, a certain level of vacancies in the housing market is desirable. A 2 percent vacancy rate for homes, and a 5 percent vacancy rate for rentals are considered optimal. A limited vacancy rate is an indication that demand for housing is outpacing supply and usually results in higher housing costs, reducing housing opportunities for low- income households. With a housing stock comprised of 39 percent rental units and 61 percent owner- occupied units in Baldwin Park, the weighted optimum vacancy rate should be approximately 3.17 percent. In 2000, the vacancy rate had decreased for both owner - occupied units and rental units, resulting in a low overall vacancy rate. A limited vacancy rate increases competition for housing and can result in higher housing costs, reducing housing opportunities for lower - income households. The California Department of Finance estimates an overall vacancy rate for Baldwin Park of 2.69 percent in 2007, indicating a tight market. Housing Issues Housing Conditions The age and condition of Baldwin Park's housing stock is an indicator of potential rehabilitation needs. Commonly, housing over 30 years of age may need some form of major rehabilitation, such as a new roof, foundation work, plumbing, etc. The housing stock in the City is aging. The age of the housing stock, as defined by the year the units were built, is shown in Table H -15. As of 2006, approximately 65 percent of all housing Baldwin Park 2020 General Plan HE -22 Housing Element units in the City were built prior to 1960, making many of these close to or over 30 years old. Only about 11 percent of the units in Baldwin Park were built between 1990 and 2005. Table H -15 Age of Housing Stock, 2006 Age Year Built % of All Housing Units 7 years or less 2000 or later 7% 8 -17 years 1990 to 1999 4% 18 -27 years 1980 to 1989 21% 28 - 47 years 1960 to 1979 26% 48 - 67 years 1940 to 1959 39% 168 years or more I 1939 or earlier Source: American Community Survey 2006 Most of the housing stock in Baldwin Park remains in good condition. Very few housing units in the City are considered substandard, and the City actively addresses those that are through code enforcement and housing rehabilitation loans and grants. Between 2000 and 2008, City building inspectors and code enforcement officers estimate that approximately 24 units were red - tagged. Red - tagged units were severely damaged to the extent that the structure was too dangerous to inhabit. Of these units, approximately two- thirds were demolished, while one -third were rehabilitated. Overcrowding Overcrowding is an indicator of a lack of affordable housing. The prevalence of overcrowding varies significantly by income, type, and size of household. Generally, very low- and low - income households and large families are disproportionately affected by overcrowding. However, cultural differences also contribute to overcrowding conditions since some cultures tend to have larger household sizes. The Census defines overcrowded households as units with more than 1 person per room, excluding bathrooms, kitchens, hallways, and porches. Severely overcrowded households are households with more than 1.5 persons per room. Overcrowding in Baldwin Park has become a problem over the years. As the number of residents increases, so does the demand for City services (i.e., schools, police, and fire). Moreover, overcrowding also presents negative impacts to neighborhoods and housing, such as an increase in traffic, deterioration of homes and infrastructure, and increased levels of on- street parking. Table H -16 displays the prevalence of overcrowding in Baldwin Park. As indicated by the 2000 Census, close to 46 percent of households were overcrowded (7,864 units). The incidence of overcrowding was significantly higher in Baldwin Park than in the County (23 percent). The percentage of severely overcrowded households in Baldwin Park was Baldwin Park 2020 General Plan HE -23 Housing Element 29.4 percent (4,992 units) in 2000, also much higher than that of the County (15 percent). Overcrowding is typically more prevalent among renters than among owners. Over 57 percent of renter households experienced overcrowding in 2000 (3,856 units), compared to only 38 percent of owner households (4,008 units). Given that population growth is expected to continue to exceed housing opportunities, the issue of overcrowded housing will remain pertinent to Baldwin Park. As such, a need exists in Baldwin Park for the development of larger units and the rehabilitation of existing units to accommodate large families. Table H -16 Overcrowding by Tenure Source: U.S. Census 2000 The City has resources in place to address overcrowded conditions. Because most new developments in Baldwin Park consist of three- and four - bedroom units, encouraging overall residential development and removing constraints to development are important goals that will help increase the supply of housing for large families and help ameliorate overcrowded conditions. The primary financial resource available to assist overcrowded households is funding through the City's Home Improvement Residential Program (HIRP). This program can provide financial assistance for the construction of bedroom additions to eliminate overcrowding conditions. Information about this resource is available on the City's website and at public counters. Housing Costs The cost of housing in a community is directly correlated to the number of housing problems and affordability issues. High housing costs can price low- income families out of the market, cause extreme cost burdens, or force households into overcrowded or substandard conditions. Ownership Housing The median home price in Baldwin Park in October 2007 was $410,000. This was nearly 8 percent lower than the median home price in August 2006, revealing a drop in home prices during that one -year period. While much of region is expected to see home prices decline following the sub -prime mortgage market collapse of 2007, overall home sale prices throughout Southern California will continue to be dramatically higher than in Baldwin Park 2020 General Plan HE -24 Housing Element 2000 # of all riousing Units % of all Housing Units % of all Renter Units I % of all (Owner Units Overcrowded (1 -1.5 persons /room) 2,872 16.90/o 19.1010 15.5% Severely Overcrowded (A.5 persons /room) 4,992 29.4% 38.8% 23.4% Total Overcrowded (> 1 persons /room) 7,864 46.4% 57.9% 38.90/o Source: U.S. Census 2000 The City has resources in place to address overcrowded conditions. Because most new developments in Baldwin Park consist of three- and four - bedroom units, encouraging overall residential development and removing constraints to development are important goals that will help increase the supply of housing for large families and help ameliorate overcrowded conditions. The primary financial resource available to assist overcrowded households is funding through the City's Home Improvement Residential Program (HIRP). This program can provide financial assistance for the construction of bedroom additions to eliminate overcrowding conditions. Information about this resource is available on the City's website and at public counters. Housing Costs The cost of housing in a community is directly correlated to the number of housing problems and affordability issues. High housing costs can price low- income families out of the market, cause extreme cost burdens, or force households into overcrowded or substandard conditions. Ownership Housing The median home price in Baldwin Park in October 2007 was $410,000. This was nearly 8 percent lower than the median home price in August 2006, revealing a drop in home prices during that one -year period. While much of region is expected to see home prices decline following the sub -prime mortgage market collapse of 2007, overall home sale prices throughout Southern California will continue to be dramatically higher than in Baldwin Park 2020 General Plan HE -24 Housing Element 2000. The median home price for Los Angeles County at large was higher than in Baldwin Park, at $525,000. Los Angeles County median home prices have remained steady since August of 2006, and have actually increased by nearly 5 percent despite conditions nationwide. According to DataQuick, three condominiums sold in Baldwin Park in October, 2007 for an average price of $379,000. Table H-17 Medi Prices, 2007 County /City /Area Oct. 2006 Oct. 2007 % Change Baldwin Park $450,000 $410,000 -8.890/0 Azusa $432,500 $389,000 - 10.06% Covina $489,000 $437,500 - 10.530/o Fl Vlonte Q462,500 , $410,000 11.350/ La Puente $460,000 $400,000 - 13.04% Coma $4oc �On $45n nn 10,E Los Angeles County $525,0001 500,000 -4.760/. Source: DataQuick Information Systems The National Association of Homebuilders compiles and publishes a quarterly housing affordability index. The index calculates the percentage of homes that were sold during a three -month period that would be affordable to a family earning the region's median income. The index assumes buyers will finance 90 percent of the purchase price with a 30 -year fixed -rate mortgage, and takes into account prevailing interest rates, property taxes, and insurance costs. During 2006 and the first part of 2007, the Los Angeles -Long Beach - Glendale metropolitan statistical area ranked among the least affordable metro areas in the country. According to the index, in 2006, less than 2 percent of the population in the Los Angeles metropolitan area could afford a median - priced home. During the second quarter of 2007, the proportion of residents that could afford to buy a median - priced home in the region increased, but still remained extremely low at 3 percent of the population. However, this proportion increased, even while the cost of the median priced home went up by 6 percent, indicating a rise in median incomes. Rental Housing Current data on apartment rents was compiled from intereet rental services (Table H- 18). The survey indicated that the majority of apartments were two - bedroom units and that only a small number of single- family homes, generally three bedrooms, were available for rent. Because four - bedroom apartments are rare, many large families may need to rent a single- family home to avoid overcrowded conditions. As Table H -19 shows, the lower end of rental units generally fall within the range of HUD - determined fair market rents for the County of Los Angeles. Baldwin Park 2020 General Plan HE -25 Housing Element Table H -18 Apartment Rental Rates Unit Size Apartments Median 1 bedroom $850 - $1,300 $900 2 bedroom $1,000 - $1950 $1,300 3 bedroom $1,330 - $2,495 $1,800 Source: WestsideRentals.com, Apartments.com. Search performed on November 29, 2007. Table H -19 2007 Los Angeles County Fair Market Rents I Efficiency I One -Bed I Two -Bed I Three -Bed i Four -Bed 1 $1,016 $843 i $1,269 $1,704 $2,051 Source: HUD User 2007 Overpayment and Affordability State and federal standards specify that households spending more than 30 percent of gross annual income on housing experience a housing cost burden. Housing cost burdens occur when housing costs increase faster than household income. When a household spends more than 30 percent of its income on housing costs, it has less disposable income for other necessities such as health care. In the event of unexpected circumstances such as loss of employment and health problems, lower- income households with a burdensome housing cost are more likely to become homeless or double up with other households. Homeowners with a housing cost burden have the option of selling the homes and become renters. Renters, on the other hand, are vulnerable and subject to constant changes in the housing market. Table H -20 shows the connection between income, household type, and cost burden. The proportion of households experiencing cost burden declined significantly as income increased. Overall cost burden was most prevalent among renter households in all income categories. In particular, extremely low- income large family renters (93 percent) and very low- income large family renter households (79 percent) had the highest proportion of cost burden compared with the proportion experiencing cost burden citywide (37 percent). Baldwin Park 2020 General Plan HE -26 Housing Element Table H -20 Households Experiencing Cost Burden Household Type Extremely Low Income (0 -30 %) Very Low Income (31- 50 0/.) Low Income (51- 80 %) Moderate/ Above Moderate (81%') All Income Categories Renter - Occupied Households Elderly (62+ years) 67% 71% 510/0 24% 60% Large Families (5+ persons) 93% 79% 20% 00/0 37% Total Renters 85% 85% 31% 2% 42% Owner - Occupied Households Elderly (62+ years) 53% 250/6 240/o 22% 28% Large Families (5+ persons) 700/o 96010 700,61 13 0/.1 34% Total Owners 64010 73% 62% 19010 340/o l Tntal Rnn Ahnldg 7Ro /, 800/,1 4806 150/ v 1 170/ i ; Source: IT TI Book, 2iv4 (UnSc G 2VOO Census) v A (Based Affordability Affordability is determined by comparing the cost of housing to the income of local households. The high housing costs in Los Angeles County impact communities far beyond the affordability problem. The lack of affordable housing contributes to high levels of housing cost burden, overcrowding, and even homelessness. In assessing housing affordability, the California Health and Safety Code Section 50052.5 provides the following definition of affordable housing cost based on the area median income level (AMI) adjusted by family size and income level: Using these updated affordability thresholds, current housing affordability, at the County level, can be estimated for the various income groups (Table H -21). Comparing housing costs and maximum affordable prices for low - income households shows that low - income households are being priced out of the Los Angeles County rental and ownership market. Given the median home prices presented in Table H -17, single- family home ownership is beyond the reach of even the most moderate - income households. Even condominiums are likely to be too expensive to be bought without incurring a cost burden. Baldwin Park 2020 General Plan HE -27 Housing Element Calculation of Affordable Housing Cost for Owner Calculation of Affordable Housing Cost for Renters Extremely Low Income(0 -300/o MFI) 30% of 300/o AMI 30% of 30% AMI Very Low Income 0 -50% MFI 300/o of 50% AMI 30% of 50% AMI Lower Income 51 -80010 MFI 30% of 70% AMI 30% of 60010 AMI Moderate Income (81- 120% MFI) 35% of 110% AMI 30% of 110% AMI Using these updated affordability thresholds, current housing affordability, at the County level, can be estimated for the various income groups (Table H -21). Comparing housing costs and maximum affordable prices for low - income households shows that low - income households are being priced out of the Los Angeles County rental and ownership market. Given the median home prices presented in Table H -17, single- family home ownership is beyond the reach of even the most moderate - income households. Even condominiums are likely to be too expensive to be bought without incurring a cost burden. Baldwin Park 2020 General Plan HE -27 Housing Element In the rental market, lower- income households generally cannot afford the market rents in Baldwin Park unless they find a modestly priced studio apartment. While moderate - income households may be able to afford one - bedroom units in the City, such units are too small for large households. Moderate - income large families are unlikely to be able to afford even reasonably priced rental homes. Table H -21 Housing Affordability Income Group AMI adjusted by size Affordable Payment Housing Costs Maximum Affordable Price Renter Owner Utilities Taxes & Insurance Home Rental Extremely Low (0 -30% MFI) 30% AMI One Person 1 $11,880 $297 $297 $50 $80 $29357 $247 Small Family $15,270 $382 $382 $100 $90 $33,708 $282 F- n- n Famil- _ _ __ _ ______ _ �; $l` o�^ $42 $42� $1 L 1z $9� fi :Y35,"t m :299 Large Family $18,300 $458 $458 $150 $100 $36,476 $308 Very Low (30 -50% MFI) 50% AMI One Person $19,800 $495 $495 $85 $115 $51,858 $410 Small Family $25,450 $636 $636 $125 $130 $67,020 $511 Four Person Family $28,250 $706 $706 $175 $140 $68,778 $531 Large Family $30,500 $763 $763 $200 $145 $73,392 $563 Lower (50 -80% MFI) 60 0/oAMI 70 0/oAMI One Person $23,760 $27,720 $594 $693 $100 $165 $75,238 $494 Small Family $30,540 $35,630 $764 $891 $150 $190 $96,816 $614 Four Person Family $33,900 $39,550 $848 $989 $200 $210 $101,738 $648 Large Family $36,600 $42,700 $915 $1,068 $250 $220 $105,034 $665 Moderate Income (81 -120% MFI) 110% AMI One Person $43,560 $1,089 $1,271 $100 $215 $167,967 $989 Small Family $55,990 $1,400 $1,633 $150 $260 $214,998 $1,250 Four Person Family $62,150 $1,554 $1,813 $200 $280 $234,277 $1,354 Large Family $67,100 $1,678 $1,957 $250 $300 $247,351 $1,428 Notations: 1. Small Family = 3 persons; Large Families = 5 persons 2. Property taxes and insurance based on averages for the region 3. Calculation of affordable home sales prices based on a down payment of 10 0/6, annual interest rate of 65 %, 30- year mortgage, and monthly payment 30% of gross household income 4. Rased on Los Angele County MFI $56,500 and 2007 HCD State Income Limits 5. Monthly affordable rent based on payments of no more than 30% of household income Baldwin Park 2020 General Plan HE -28 Housing Element Housing Authority The Baldwin Park Housing Authority (BPHA) is responsible for the administration of Public Housing and Section 8 Rental Assistance Programs in the City. The Section 8 Rental Assistance Program provides rental subsidies to low- income families which spend more than 30 percent of their gross income on housing costs. The program pays the difference between 30 percent of the recipients' monthly income and the federally approved payment standard. Eligibility for the distribution of Section 8 assistance is determined by the BPHA based on the total annual gross income and family size, and is limited to U.S. citizens and specified categories of non - citizens who have eligible immigration status. As of February 2008, 715 households received rental assistance under ..7__ 7�77T n_ _�__ _ n _____ -____ 1 ^s ^inn applicants _ ___ -_ 'list. the waiting State law requires an analysis of existing assisted rental units that are at risk of conversion to market rate. This includes conversion through termination of a subsidy contract, mortgage prepayment, or expiring use restrictions. The following at -risk analysis covers the period of 2008 through 2018. The City uses various funding sources, including Redevelopment Housing Set - Aside, HUD funding sources, and Section 8 rental assistance to preserve and increase the supply of affordable housing in Baldwin Park through the acquisition and /or rehabilitation of renter - occupied units and the rehabilitation of owner - occupied units. Financial assistance is provided to both non - profit and for - profit housing developers. Table H -22 presents the inventory of affordable housing developments in Baldwin Park. In 2007, 9 affordable rental housing projects were located in Baldwin Park, providing approximately 494 affordable units to lower- income households. Of these units, 40 percent are reserved for seniors and 60 percent are reserved for families. The following is a summary of the assisted developments projects listed in Table H -22. Clark Terrace: Clark Terrace is a 79 -unit apartment complex owned by Goldrich and Kest. Built in 1979, the complex is assisted under HUD's Section 221(d)(4) program, which provides mortgage insurance to private developers to facilitate the development of rental housing. Projects financed under this program have no binding low income restrictions; however, affordability is controlled by a Section 8 contract. In 1999, the 20- year Section 8 contract expired. The property owner filled for renewal of the contract which expires in 2011. Baldwin Park 2020 General Plan HE -29 Housing Element Table H -22 Assisted Housing Assisted Year Tenant Affordable Total Funding Program Earliest Developments Built Type Units Units Conversion Date Clark Terrace 1979 Elderly 78 79 HUD Section 221(d)(4) 2011 14315 Clark St. HUD Section 8 Baldwin Park, CA 91706 Foster Avenue 1974 Family 40 40 HUD Section 241(f) 5/1/2035 13630 Foster Ave. Baldwin Park, CA 91706 Frazier Park 1982 Family 60 60 HUD Section 221(d)(4) 2008 3243 Frazier St. HUD Section 8 Baldwin Park, CA 91706 I Ramona Park 1980 Family 49 491 HUD Section 8 2020 1 13870 Ramona Blvd. CHFA Bald , BaldvJn Party C A n1706 Robert H. McNeill 1987 Elderly 12 12 Public Housing Not Applicable Manor Syracuse Park 1972 Family 36 36 HUD Section 2360)(1) 7/1/2012 12728 Syracuse Park HUD Section 8 Ave. Baldwin. Park, CA 91706 TELACU Las Palomas 2001 Family 75 75 HUD Section 202 2041 3834 Monterey Ave. HUD Section 8 Baldwin Park, CA 91706 TELACU Senior 1991 Elderly 74 74 HUD Section 202 2033 Complex HUD Section 8 14442 E. Pacific Ave. Baldwin Park, CA 91706 Villa Ramona 2004 Elderly 70 71 TCAC 2047 13030 Ramona Blvd. Family Baldwin Park, CA 91706 Source: California Housing Partnership Corporation and City of Baldwin Park, 2007 Foster Avenue: Foster Avenue is a 40 -unit apartment complex owned by Foster Apartments Corporation, a community based organization. This project was initially funded with a HUD Section 2360)(1) loan. In 1995, the original owner, Southern California Industries, transferred ownership to Foster Apartment Corporation, which received funding from HUD Section 241(f) to purchase the property. The project will remain affordable until the year 2035. Frazier Park: Frazier Park is a 60 -unit apartment complex also owned by Goldrich and Kest. Built in 1982, the complex is assisted under HUD's Section 221(d)(4) program, and affordability of the project is governed by the Section 8 Contract. As of 2008, the project was in the process of getting final approval to extend the contract, which expires in 2008. According to the management company, it is the owners' intent to retain all units in this project as affordable housing for the foreseeable future. Baldwin Park 2020 General Plan HE -30 Housing Element Ramona Park: Ramona Park is a 49 -unit apartment complex owned by Goldrich and Kest. Built in 1980, the complex was financed under HUD's Section 8 New Construction and the California Housing Finance Agency (CHFA) programs. The CHFA funding imposes affordability controls on the project until November 2020. The Section 8 contract is also due to expire November 2020. Robert H. McNeill Manor: The Baldwin Park Housing Authority (BPHA) owns and administers Me Neil Manor, a project -based public housing unit. McNeil Manor is a 12- unit low- income senior (62 years or older) housing development. Syracuse Park: Syracuse Park is a 60 -unit apartment complex owned by Syracuse Park LDP. Built in 1972, this project was financed by HUD Section 2360)(1) program, which offers reduced interest loans to developers to construct multi - family projects. In return for preferential financing, the project is subject to a low - income restriction, with the option of paying off the loan after 20 year and eliminating the affordability controls. Syracuse Park also received public assistance with Section 8 contract; however, that contract expired 1999. The Section 8 contract has been renewed on an annual basis. In 1991, the owners filed a notice of intent to extend the affordability control on this project in exchange for additional incentives. The proposal was approved and the earliest possible conversion date of this project is 2012. TELACU Las Palomas: Built in 2001, this 75 -unit apartment complex is owned by the East Los Angeles Community Union (TELACU), a non - profit entity. The project was financed by HUD's Section 202 program, which offers direct loans to agencies that develop housing for elderly and disabled. In return, low- income use restrictions on the project are secured for the full 40 -year mortgage term due in 2041. TELACU Senior Complex: This project is a 74 -unit apartment complex also owned by TELACU and financed by HUD's Section 202 program. Built in 1991, the low - income use restrictions on the project are secured for the full 40 -year mortgage term due in 2031.The 20 -year Section 8 contract will expire in November 2011. Villa Ramona: Built in 2004, this project offers 71 total units of affordable housing, of which half are reserved for senior and the remainder reserved for families. The developer, Thomas Safran, received tax credits from the State to assist with the construction costs. At the time of approval, the Community Development Commission approved $1,555,000 in assistance to the developer, of which $200,000 was utilized for off -site, surrounding neighborhood improvements. The $200,000 accrues a 0% interest and is due and payable in 2048. The remaining $1,355,000 matures in 2047 and accrues 3.49% simple interest per annum. At -Risk Units Over the next ten years (2008- 2018), three federally assisted developments that provide 174 affordable units have expiring Section 8 contracts. These projects — Clark Terrace, Frazier Park, and Syracuse Park — are owned by for - profit corporations, and as such are Baldwin Park 2020 General Plan HE -31 Housing Element considered at high risk of conversion. The likelihood of each project not continuing their Section 8 contracts would depend on whether the owners can command higher rents on their units in the open market than by continuing their Section 8 contract. Preservation and Replacement Options Preservation of at -risk projects can be achieved in a variety of ways, with adequate funding availability. These include: ■ Transfer of ownership to nonprofit developers and housing organizations ■ Providing rental assistance to renters through other funding sources ■ Purchase affordability covenants ■ Refinance mortgage revenue bonds Alternatively, units that are converted to market rate may be replaced with new assisted multi- family units with specified affordability timeframes. Transfer of Ownership Transferring ownership of the affordable units to a nonprofit housing organization is a viable way to preserve affordable housing for the long term and increase the number of government resources available to the project. The feasibility of this option depends upon the willingness of the owner to sell, funding sources to actually buy the property, and the existence of a nonprofit organization with sufficient administrative capacity to manage the property. Additionally, projects in which all of the units are affordable, rather than just a portion, are more likely to be feasible because they can participate in ownership transfers more simply. A list of qualified agencies that have indicated interest in purchasing projects that are at -risk of converting to market rate is attached as Appendix A. In Baldwin Park, the estimated market value for the 174 affordable units in the at -risk projects is evaluated in Table H -23. The current market value for all affordable at -risk units is estimated to be approximately $13 million. Rental Assistance State, local, or other funding sources can also be used to provide rental subsidies to maintain the affordability of at -risk projects. These subsidies can be structured to mirror the Section 8 program, whereby the subsidy covers the cost of the unit above what is determined to be affordable for the tenant's household income (including a utility allowance) up to the fair market value of the apartment. Given the mix of unit sizes of the at -risk developments, the total annual subsidy to maintain the 174 at -risk units is estimated at over $1,300,000 each year. Baldwin Park 2020 General Plan HE -32 Housing Element Table H -23 Market Value of At -Risk Projects Type of Units Units at Risk 0 -bdrm 0 1 -bdrm 139 2 -bdrm 29 3 -bdrm 6 4 -bdrm 0 Total 174 Annual Operating Costs $653,000 Gross Annual Income $1,840,217 Net Annual Income $1,187,217 Market Value $13,059,382 . 1. Median Rent: Studio= $750,1 -bed = S816,2-bed= $I,133, 3 -bed = $1,700,4-bed= $2,150 2. Average Size: Studio = 500 sqft, 1-bed = 700 sqft, 2 -bed = 900 sqft, 3 -bed =1200 sqft, 4 -bed =1500 sqft 3.5% vacancy rate and annual operating expenses per square foot = $5.00 4. Market value = Annual net project income * multiplication factor (ratio of the price of a real estate investment to its annual rental income) 5. Multiplication factor for a building in moderate condition =11 Table H -24 Rent Subsidies Required to Preserve At -Risk Rental Units Unit Size Total Units Fair Market Rents Very Low- Income (<50 0/oAMI) Affordable Monthly Cost (300/o AMI) Affordable Annual Cost (30% AMI) Cost of Utilities Per Unit Subsidy Total Annual Subsidy 0 -bdrm $843 $19,800 $495 $5,940 $85 $5,196 $0 1 -bdrm 139 $1,016 $22,600 $565 $6,780 $125 $6,912 $960,768 2 -bdrm 29 $1,269 $25,450 $636 $7,635 $175 1$9,693 1$281,097 3 -bdrm 6 $1,704 $28,250 $706 $8,475 $200 $14,373 $86,238 Total 174 1 1 $1,328,103 Source: Hogle- Ireland, Inc. Purchase Affordability Covenants Another option to preserve the affordability of at -risk projects is to provide an incentive package to the owners to maintain the projects as low- income housing. Incentives could include writing down the interest rate on the remaining loan balance and /or supplementing the Section 8 subsidy received to market levels. The feasibility of this option depends on whether the complexes require rehabilitation or are too highly leveraged. By providing lump -sum financial incentives or on -going subsidies in rents or reduced mortgage interest rates to the owner, the City can ensure that some or all of the units remain affordable. Baldwin Park 2020 General Plan HE -33 Housing Element Construction of Replacement Units The construction of new low- income housing can be a means to replace at -risk units. The cost of developing new housing depends on a variety of factors including density, size of units, construction quality and type, location, and land cost. Assuming a development cost of $200,000 for a multi - family rental unit, the cost of replacing all 174 affordable at -risk units would be approximately $35 million. Estimates of Housing Need Several factors influence the degree of demand, or need, for housing in Baldwin Park. The four major needs categories considered in this element include: ■ Housing needs resulting from population growth, both in the City and the surrounding region ■ Housing needs resulting from the overcrowding of units - - - - - - - - - - -- - - ■ Housing needs that result when households pay more than they can afford for housing ■ Housing needs of "special needs groups" such as elderly, large families, female - headed households, households with a disabled person, farm workers, and the homeless Table H -25 Summary of Existing Housing Need Overpaying Households Special Needs Groups Renter 2,767 Elderly Persons 4,666 Owner 3,505 Disabled Persons 16,327 Total 6,273 Large Households 7,385 Extremely Low- Income (0 -300/o MFI) 78% Female Headed Households 2,825 Very Low - Income (31 -50% MFI) 800/o Female Headed Households with Children 1,583 Low - Income (51 -80% MFI) 48% Farm workers 0 Overcrowded Households I Homeless 57 Renter 3,856 Owner 4,008 Affordable Units At -Risk of Conversion 174 Total 7,864 Source: 2000 Census, 2000 Comprehensive Housing Affordability Strategy, City of Baldwin Park CHAS data, developed by the Census for HUD provides detailed information on housing needs (e.g. housing cost burden) by income level for different types of households in Baldwin Park. The CHAS defines housing problems to include: ■ Units with physical defects (lacking complete kitchen or bathroom) ■ Overcrowded conditions (housing units with more than one person per room) ■ Housing cost burden, including utilities, exceeding 30 percent of gross income Baldwin Park 2020 General Plan HE -34 Housing Element ■ Severe housing cost burden, including utilities, exceeding 50 percent of gross income In 2000, specific households in Baldwin Park had disproportionate housing needs. In general, renter - households had a higher level of housing problems (76 percent) compared to owner households (60 percent). Among the 428 elderly renter - households in the City, 51 percent were at or below 80 percent of Area Median Income. Nearly 60 percent of elderly renters had one or more housing problems. Large renter families, which were by far the category most affected by housing problems, constituted about 18 percent of all households in the City. Over 92 percent of large renter families reported having some housing problems. Table H -26 Housing Assistance Needs of Low- and Moderate - Income Households Household by Type, Income, and Housing Problem Renters Owners Total Households Elderly F urge Families Tn—ni Renters I Elderly T a Families T___, Owners Extremely Low Income (0 -30% MFI) 195 520 1,289 199 148 611 1,900 % with any housing problems 67% 1000/0 910/0 53% 97% 71% 84016 016 Cost Burden >30% 67% 93% 85% 53% 70% 64010 78% % Cost Burden >50% 62% 810/0 760/o 30% 68% 50% 68% Very Low Income (31 -50% MFI) 118 615 1,338 199 405 916 2,254 % with any housing problems 71% 1000/0 95% 25% 100% 75% 87% % Cost Burden >300/o 71% 79% 85% 25% 96% 73% 80% % Cost Burden >50% 42% 17% 32% 180/0 79% 61% 440/o Low Income (50 -80% MFI) 57 745 1,567 389 870 1,858 3,425 % with any housing problems 51% 92% 80% 24% 91% 74% 76% % Cost Burden >30% 51% 20% 31% 24% 70% 62% 48% % Cost Burden >50% 00/0 0% 1% 13% 22% 27% 15% Total Households 428 3,010 6,652 1,202 4,338 10,280 16,932 % with any housing problems 60% 92% 76% 28% 81% 60% 66% % Cost Burden >30 60% 37% 42% 28% 34% 34% 37% % Cost Burden >50 40% 17%1 210/o 15% 14% 15% 17% Note: Data presented in this table is based on special tabulations from sample Census data. The number of households in each category usually deviates slightly from the 10011/o count due to the need to extrapolate sample data out to total households. Interpretations of this data should focus on the proportion of households in need of assistance rather than on precise numbers. Source: HUD Comprehensive Housing Affordability Strategy (CHAS) Databook, 2000. Baldwin Park 2020 General Plan HE -35 Housing Element This page intentionally left blank. Baldwin Park 2020 General Plan HE -36 Housing Element IMM=161 I [-I I Mnd , Governmental, market, infrastructure, and environmental factors may constrain the provision of adequate and affordable housing in a city. State law requires that Housing Elements analyze potential and actual governmental and non-governmental constraints to the production, maintenance, and improvement of housing for all persons of all income levels and disabilities. Should constraints preclude the achievement of housing goals, State Housing Element law requires jurisdictions to address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. This section addresses these potential constraints that affect the supply of housing in Baldwin Park. GovPrnmP_nfnI Con-Orninfe. 11 16 ')1 1eA_O CL jurisdiction may impose for the maintenance, development and improvement of housing. Local governments have the inherent power to impose those restrictions that are reasonably related to the promotion and maintenance of public health, safety, and general welfare; these powers are referred to as police powers. However, many policies and regulations that are put into place have an unintended consequence that may indirectly affect local housing development. Restrictions on property that are too overbearing or too costly may restrict affordable housing development, as an example. This section reviews governmental constraints in the City of Baldwin Park that may relate to housing development. Local government housing regulations are necessary to assure: (1) that housing is constructed and maintained in a safe manner, (2) that the density and design of housing is consistent with community standards, and (3) that adequate infrastructure to support new housing is provided. Local policies and regulations can also affect the price and availability of housing and, in particular, the availability of affordable housing. Land use controls, site improvement requirements, fees and exactions, permit processing procedures, and other factors may constrain the maintenance, development, and improvement of housing. The City of Baldwin Park has not adopted growth control measures or taken measures to reduce potential housing development. The City has acted to preserve existing high- density, multiple-family projects and has provided development opportunities for a variety of housing types. Consistent with State law (Section 65583), this section addresses five potential constraints to housing development: ■ Land use controls ■ Building codes and their enforcement ■ Fees and exactions Baldwin Park 2020 General Plan HE-37 Housing Element ■ Processing and permit procedures ■ Housing for people with disabilities IM Land use controls are policies, regulations, plans, and other methods of regulating the possible uses and development of property, including such things as zoning, subdivision regulations, and floodplain regulation. The two primary regulatory documents in Baldwin Park are the General Plan and the Zoning Ordinance (Title XV, Chapter 153 of the Municipal Code). The General Plan, required by Government Code Section 65000 et seq., is a comprehensive, long -range policy document that guides physical development in Baldwin Park. General Plan law requires seven elements or chapters, which includes the Housing Element. Although all of the elements provide policy guidance on the built environment, the Land Use Element has a direct relationship to uses on property. The Land Use Element provides the long -term vision and direction for land uses and development through a series of goals, policies, and implementation measures. The Land Use Element also includes a map with land use designations that describe the distribution of types, amounts, and location of land uses. Baldwin Park's Land Use Element was adopted in 2002 and contains goals and policies specifically for residential development. The Zoning Ordinance serves to implement these policies through development standards and zoning districts. Baldwin Park is in the process of comprehensively updating the entire Zoning Ordinance and preparing citywide design guidelines, with adoption anticipated in summer 2011, prior to adoption of this Housing Element. According to the Land Use Element, 49 percent (2,138 net acres), or approximately half of the land in the City, is designated for residential use, including mixed -use development. The majority of housing consists of low- density, single - family housing, (averaging close to 7.8 dwelling units per acre) covering, approximately 1,783 acres. This pattern reflects Baldwin Park's origins as a suburban community, where many subdivisions developed immediately following World War II to accommodate a burgeoning middle class and rising incomes. According to the California Department of Finance, between 2000 and 2007, the housing stock in Baldwin Park increased from 17,430 to 17,781 units, or 2.0 percent. Implementation of the General Plan Land Use Plan is expected allows for development of an additional 1,407 dwelling units beyond the 2007 level, which is an average of fewer than 71 units per year over a 20 -year period. Baldwin Park 2020 General Plan HE -38 Housing Element General Plan Land Use Classifications The Land Use Element provides for three residential land use classifications, with allowable densities ranging from 8.7 units per acre in low- density areas to over 20 units per acre in the higher - density- multiple family designations. In addition, one mixed -use land use category is intended for development of a mix of commercial, office, and residential uses. Single - Family Residential (0 -8.7 du /ac) This category is established to allow traditional single - family homes, with one dwelling permitted per legal lot. Residences in this category consist generally of single - family detached houses with private yards. Permitted density is 0.0 to 8.7 dwelling units per acre. Additional uses considered appropriate within this category include religious and educational institutions, group homes, community care facilities, and parking lots for adjacent commercial and industrial uses, provided any such use meets development and use criteria set forth in the City's zoning regulations. Garden Multi- Family (8.8 -12 du /ac) This category provides for moderate density housing either as attached or detached units at a density range of 8.8 to 12.0 dwelling units per acre. These residences include usable private and common open space. Additional uses considered appropriate within this category include religious and educational institutions, group homes, community care facilities, and parking lots for adjacent commercial and industrial uses, provided any such use meets development and use criteria set forth in the City's zoning regulations. Multi- Family (12.1 -20 du /ac) This Multi- Family Residential category allows dwelling unit types similar to Garden Multi- family, but at higher densities. Dwellings consist typically of apartments and condominiums built at a density range of 12.1 to 20.0 dwelling units per acre. These residences include usable private and common open space. Additional uses considered appropriate within this category include religious and educational institutions, group homes, community care facilities, and parking lots for adjacent commercial and industrial uses, provided any such use meets development and use criteria set forth in the City's zoning regulations. Mixed -Use (0 -30 du /ac) The Mixed -Use category has been established to provide opportunities for mixtures of commercial, office, and residential uses in the same building, on the same parcel of land, or side by side within the same area. Allowable uses include those identified in the Multi - Family Residential and General Commercial categories. The General Commercial category includes opportunities for a broad range of retail, office, and service- oriented commercial uses. Multi- family residential development is allowed at densities up to 30 units per acre without a requirement for commercial uses. Commercial development is allowed up to an FAR of 1.5 without a requirement for accompanying residential uses. However, commercial uses are permitted on the ground floor of an otherwise residential building. If a site in an area designated Mixed -Use Baldwin Park 2020 General Plan HE -39 Housing Element includes both residential and commercial uses, a density incentive of 25 percent may be granted, permitting an overall FAR of 2.0. Table H -27 General Plan Residential Land Use Designations Source: Baldwin Park General Plan, 2002 Zoning Ordinance The City of Baldwin Park is in the process of comprehensively updating its Zoning and Subdivision Codes, and preparing citywide design guidelines to complement the zoning regulations. Draft documents have been completed, and the City anticipates adoption of the updated Zoning and Subdivision Codes and design guidelines during the summer of 2011, prior to adoption of this Housing Element. The draft Zoning Ordinance has been revised drafted be easier to use, consistent with new State laws, and consistent with the General Plan. In particular, the Zoning Ordinance introduces two mixed -use zones, described below, and allows for small -lot subdivisions to increase home ownership opportunities. Although the draft Zoning Ordinance has not yet been adopted by the City, based on the pending adoption of a comprehensively revised Zoning Ordinance, HCD staff has recommended that to satisfy the provision of housing law relating to review of government constraints to housing development, that the draft Zoning Ordinance rather than current zoning regulations be reviewed. Development standards for housing are established herein referred to as the Zoning Ordinance, and are following provides a general description of some standards set forth in the Zoning Ordinance. Residential Zones in the draft Zoning Ordinance, not considered excessive. The of the residential development The Zoning Ordinance provides for four residential zones and two mixed -use zones. Baldwin Park 2020 General Plan HE -40 Housing Element Permitted Consistent General Plan Designation Densities Zoning District Typical Residential Types Single - Family Residential 0 -8.7 du /ac R -1- 7,500, R -1 Detached single - family dwellings on individual lots with private yards Garden Multi - Family 8.8.12 du /ac R -G Attached and detached units usable private and common open space Multi - Family 12.1 -20 du /ac R -3 Apartment and condominiums Fixture of commercial, office, and Mixed-Use 30 du/ac MU -1, MU -2 residential uses in the same building on the sam e parcel l_a_nr_l , n.,r _ c.,i.r_l(_ - by cirle within the same area Source: Baldwin Park General Plan, 2002 Zoning Ordinance The City of Baldwin Park is in the process of comprehensively updating its Zoning and Subdivision Codes, and preparing citywide design guidelines to complement the zoning regulations. Draft documents have been completed, and the City anticipates adoption of the updated Zoning and Subdivision Codes and design guidelines during the summer of 2011, prior to adoption of this Housing Element. The draft Zoning Ordinance has been revised drafted be easier to use, consistent with new State laws, and consistent with the General Plan. In particular, the Zoning Ordinance introduces two mixed -use zones, described below, and allows for small -lot subdivisions to increase home ownership opportunities. Although the draft Zoning Ordinance has not yet been adopted by the City, based on the pending adoption of a comprehensively revised Zoning Ordinance, HCD staff has recommended that to satisfy the provision of housing law relating to review of government constraints to housing development, that the draft Zoning Ordinance rather than current zoning regulations be reviewed. Development standards for housing are established herein referred to as the Zoning Ordinance, and are following provides a general description of some standards set forth in the Zoning Ordinance. Residential Zones in the draft Zoning Ordinance, not considered excessive. The of the residential development The Zoning Ordinance provides for four residential zones and two mixed -use zones. Baldwin Park 2020 General Plan HE -40 Housing Element Low - Density Single- Family Residential Zone (R -1- 7,500) The R -1 -7,500 zone provides areas for the development of detached single - family dwelling units on lots greater than or equal to 7,500 square feet in size. The zone is intended to protect and stabilize desirable characteristics of single - family residential areas, including larger lot sizes and separation from incompatible land uses. Single - Family Residential Zone (R -1) The R -1 zone provides areas for the development of detached single - family dwelling units. The zone is also intended to protect and stabilize desirable characteristics of single- family residential areas. The minimum lot size is 5,000 square feet. Garden Multi - Family Residential Zone (R -G) The R -G zone provides an environment suitable for both small -lot detached or attached dwelling units where more than one unit may be built on a lot. The intent is to promote desirable characteristics for medium- density neighborhoods. Maximum density is 12.0 units per acre. High Density Multi - Family Residential Zone (R -3) The R -3 zone provides opportunities for persons to live higher- density, multiple -unit developments, such as apartments or condominiums with common open space and other shared amenities, and allows for planned developments. Mixed -Use Zone 1 (MU -1) The MU -1 zone provides opportunities for primarily commercial, office, institutional, and business uses emphasizing retail, entertainment, and service activities at grade in addition to medium- and high- density residential uses. Such development is intended to facilitate an internally oriented group of activities which are functionally integrated through the relationships between location and types of uses and structures, the efficient use of land and optimal site planning, and various design elements. The maximum residential density is 30 dwelling units per acre, with a minimum lot area of 15,000 square feet. Mixed -Use Zone 2 (MU -2) The MU -2 zone provides opportunities for primarily medium- and high- density residential mixed -use developments, with limited commercial, institutional, office, and service uses distributed in a manner sensitive in scale and design to the street environment and adjacent residential areas. Commercial uses are oriented toward meeting local neighborhood needs. The maximum residential density is 15 dwelling units per acre, with a minimum lot area of 15,000 square feet. However, lots with a minimum of 20,000 square feet may be developed up to a density of 30 units per acre. This zone allows for horizontal and /or vertical mixed -use. An incentive (0.5 increase in FAR) is offered for commercial projects that include a residential component in Mixed -Use areas. Baldwin Park 2020 General Plan HE -41 Housing Element Permitted Uses within Residential Zones Detached single - family residential dwelling units are permitted in all residential zones by right, including R -G, R -3, MU -1, and MU -2. Duplexes and multi - family dwelling units are not permitted in R -1- 7,500, and R -1. Manufactured housing is permitted in single - family zones consistent with State law. Mobile home parks require a conditional use permit in all residential zones (see Table H -28). Second dwelling units are allowed as an accessory use in the R -1 zone. Table H -28 Permitted and Conditionally Permitted Uses within Residential Zones Notes: P = permitted by right; CUP = conditional use permit; A = accessory use Source: Baldwin Park Zoning Ordinance, 2011. The Code allows for Planned Developments (PDs), implemented via an overlay zone. The PD provides a mechanism to put in place more flexible development regulations on an individual project basis. Any property owner wishing to use the PD approach is required to apply for a zone change. The PD provisions do not allow underlying use regulations or densities to be modified. Residential neighborhoods in Baldwin Park are very well established, and future development activity in this fully developed community is expected to occur outside of the low- density residential neighborhoods. In particular, the City promotes development in mixed -use areas of downtown. The City's strategy is to intensify and promote residential opportunities in downtown to leverage access to transportation and encourage higher- density development in a mixed -use setting. Baldwin Park 2020 General Plan HE -42 Housing Element P CUP A -- Permitted use Conditional use permit required Accessory use Use not avowed Land Use R -1 -7,500 R -1 R -G R-3 MU -1 MU -2 ° Adult Day %are Facutes l l.J P CUP ( CUP P CUP -- -- Condominiums -- -- P ( P P P Dwellings, Duplex -- -- P P -- -- Dwellings, Multi - Family -- -- P P P P Dwellings, Single- Family P P P P -- -- Dwellings, Live -work Units -- -- -- -- P P Residential Care Homes (6 or fewer residents) P P P P -- -- Residential Care Facilities (more than 6 residents) CUP CUP CUP CUP CUP CUP Mobile Homes P P P P -- -- Mobile Home Parks CUP CUP CUP CUP -- -- Second Dwelling Units -- A -- -- I -- -- Notes: P = permitted by right; CUP = conditional use permit; A = accessory use Source: Baldwin Park Zoning Ordinance, 2011. The Code allows for Planned Developments (PDs), implemented via an overlay zone. The PD provides a mechanism to put in place more flexible development regulations on an individual project basis. Any property owner wishing to use the PD approach is required to apply for a zone change. The PD provisions do not allow underlying use regulations or densities to be modified. Residential neighborhoods in Baldwin Park are very well established, and future development activity in this fully developed community is expected to occur outside of the low- density residential neighborhoods. In particular, the City promotes development in mixed -use areas of downtown. The City's strategy is to intensify and promote residential opportunities in downtown to leverage access to transportation and encourage higher- density development in a mixed -use setting. Baldwin Park 2020 General Plan HE -42 Housing Element Residential Development Standards The development standards summarized in Tables H -29 and H -30 include the most pertinent development standards of the non - specific plan areas in Baldwin Park. These regulations can affect the ability of property owners to construct and maintain housing. Table H -29 Development Standards for Residential Zones Source: Baldwin Park Zoning Ordinance, 2011. Baldwin Park 2020 General Plan HE -43 Housing Element Specific Development Standards R -1 -7,500 R -1 R -G R -3 Regulations Lot Area - Minimum 7,500 sf 5,000 sf 5,000 sf 5,000 sf 153.040 Part 2 Lot Depth - Minimum 50 ft 50 ft 50 ft 50 ft Lot Width - Minimum 50 ft 50 ft 50 ft 50 ft Corner lot 55 ft 55 ft 55 ft 55 ft T r,_Uv.�_ge T,T LUt I.UVC1a�'C - 1V1a2:1r1LL1r11 I Au I `tV %O `tJ %0 JV %O OV %O Front Yard Setback - Minimum regal 7( r;. 7n r; ; r; yJ r- rJ Lot with a side entry garage 15 ft 15 ft , , 153.130.030 Lot adjacent to R -1 -7,500 or R -1 zone - - 20 ft 20 ft Side Yard Setback - Minimum General 5 ft 5 ft 10 ft loft Corner lot 10 ft 10 ft 15 ft 15 ft - with a side entry garage 20 ft 20 ft -- - 153.130.030 Reversed corner lot 15 ft 15 ft 15 ft 15 ft - with a side entry garage 20 ft 20 ft - - Lot adjacent to R -1 -7,500 or R -1 zone - - 20 ft 20 ft Rear Yard Setback - Minimum General 20 ft 20 ft loft loft 153.130.030 Lot adjacent to R -1 -7,500 or R -1 zone -- - 20 ft 20 ft Open Space Area, Common - Minimum - -- 250 sf /du 250 sf /du 153.040.040 Open Space Area, Private - Minimum 20% of net 20% of net 200 sf /du 200 sf /du 153.040.040 lot area lot area Density - Maximum 5.8 du /ac 8.7 du /ac 12 du /ac 20 du /ac Building Height - Maximum 27 ft 27 ft 27 ft 35 ft 153.130.040 Building Length - Maximum -- - 125 ft 125 ft Building Width - Minimum 20 ft 20 ft - - Distance between Buildings - Minimum - - 10 ft 10 ft Floor Areas - Minimum Efficiency - -- 500 sf 500 sf One Bedroom 900 sf 900 sf 700 sf 700 sf Two Bedrooms 1,050 sf 1,050 sf 900 sf 900 sf Three Bedrooms 1,200 sf 1,200 sf 1,100 sf 1,100 sf Each Additional Bedroom 200 sf 200 sf 200 sf 200 sf Source: Baldwin Park Zoning Ordinance, 2011. Baldwin Park 2020 General Plan HE -43 Housing Element Table H -30 Development Standards for Planned Development Overlay Zone Development Standards R -1 R -G R -3 Project Lot Area - Minimum 1.5 acres net 40,000 sf net 30,000 sf net Project Lot Depth - Minimum Single - Loaded: 150 ft N/A N/A Double - Loaded: 200 ft Density- Maximum 8.7 du /ac 12 du /ac 20 du /ac Individual Lot Area - Minimum 4,000 sf 3,700 sf 3,000 sf Individual Lot Width - Minimum Interior Lot 40 ft 38 ft 35 ft Corner Lot 45 ft 43 ft 40 ft Individual Lot Depth - Minimum soft 75 ft 70 ft Front Yard Setback - Minimum Habitable portion of structure 0 It i5 It i5 It Garage with roll-up door 18 ft 18 ft 18 ft GnrpQP without roll -up door ' 7Q ft- 2- fr 20 ft e Side Yard Setback - Minimum Interior Lot 5 ft 5 ft 5 ft Corner Lot 10 ft loft loft Rear Yard Setback - Minimum 15 ft 15 ft 15 ft Open Space Area, Private - Minimum 600 sf /du - minimum 300 sf /du - minimum 300 sf /du - minimum dimension 15 ft dimension 12 ft dimension 10 ft Open Space Area, Common - Minimum 400 sf /du - minimum 300 sf /du - minimum 250 sf /du - minimum dimension 40 It dimension 30 ft dimension 30 ft Minimum Floor Areas One Bedroom 900 sf 900 sf 900 sf Two Bedrooms 1,250 sf 1,250 sf 1,250 sf Three Bedrooms 1,400 sf 1,400 sf 1,400 sf Four Bedrooms 1,600 sf 1,600 sf 1,600 sf Each Additional Bedroom 200 sf 200 sf 200 sf Building Width - Minimum 30 ft 20 ft 20 ft Building Height - Maximum 27 ft 27 ft 27 ft Public Street Width - Maximum 40 ft curb to curb 40 ft curb to curb 40 ft curb to curb with60 ft right -of -way with 60 ft right -of- with 60 ft right -of- including sidewalks way including way including and parkway sidewalks and sidewalks and parkway parkway Individual Lot Site Coverage - 500/o 600/0 65010 Maximum Guest Parking — Minimum 1.5 spaces /du 1.5 spaces /du 1.5 spaces /du Source: Baldwin Park Zoning Ordinance, 2011. Baldwin Park 2020 General Plan HE -44 Housing Element The City of Baldwin Park regulates the type, location, density, and scale of residential development to protect and promote the health, safety, and general welfare of residents, as well as implement the policies of the General Plan. The Zoning Ordinance establishes restrictions on lot size and area, yards and setbacks, lot coverage, building height, parking, and minimum unit size. Baldwin Park is a predominantly built -out community. Development in the City in recent years has most often been achieved through recycling of existing uses; therefore, compatibility with surrounding uses is important. These standards in Baldwin Park are similar to those established for surrounding communities in the San Gabriel Valley, and do not pose a constraint to residential development. The City has tailored the standards to allow properties to achieve maximum permitted densities while retaining neighborhood character and amenities. As demonstrated in Chapter 4, Housing Resources, all recent developments surveyed have achieved residential densities that are near or above maximum permitted densities. As such, Baldwin Park's cumulative development standards are not considered a constraint to development To address the prevailing problem of overcrowding in the City (nearly half of all housing units — 46 percent — are overcrowded), Baldwin Park has adopted minimum unit sizes in the Zoning Ordinance. The minimum unit size requirements are not a constraint to development, as they are generally lower than unit sizes of recent developments. Recent developments that included affordable units have also provided unit sizes in excess of these requirements. In addition, the City has procedures available, including the Specific Plan and Planned Development Overlay processes, whereby these requirements could be modified. Table H -31 identifies development standards applicable to all development in the mixed - use zones. Certain development standards may be subject to special conditions. In the MU -1 zone, no more than 25 percent of the ground floor is to be developed with and dedicated to residential uses. Pedestrian access shall be incorporated into all development within the MU -1 and MU -2 zones, and parking between the sidewalk and buildings is prohibited. In addition, the housing portion of horizontal mixed use is not allowed at intersection corners. Baldwin Park 2020 General Plan HE -45 Housing Element Table H -31 Development Standards for Mixed -Use Zones Development Standards MU -1 MU -2 Specific Regulations Lot Area - Minimum 15,000 sf 15,000 sf Lot Depth - Minimum 100 ft 100 ft Lot Width - Minimum 50 ft 40 ft Lot Coverage - Maximum 70% 60% Front Yard Depth - Minimum* Oft 0 ft 153.130.030 Side Yard Width - Minimum 0 ft 10 ft 153.130.030 Rear Yard Depth - Minimum loft 15 ft 153.130.030 Common Open Space Area - Minimum 100 sf /du 100 sf /du Private Open Space Area - Minimum 36 sf /du 36 sf /du Density - Maximum 30 du/ac 15 -30 du /ac B,_,iIAit T�oi Rl,r - l�Aaxinnj n F.- Building Length - Maximum 125 ft 125 ft Floor Areas - Minimum Efficiency One Bedroom Two Bedrooms Three Bedrooms Each Additional Bedroom 500 sf 700 sf 900 sf 1,100 sf 200 sf 500 sf 700 sf 900 sf 1,100 sf 200 sf Source: Baldwin Park Zoning Ordinance, 2011. *Note: Stand -alone residential uses have a minimum front yard depth of 10 feet. Parking Requirements City parking standards for residential developments are tailored to the vehicle ownership patterns associated with different residential uses. However, some jurisdictions can impose excessive parking requirements, which can limit the overall production of housing. Parking is very expensive to provide and can consume valuable space that could have been otherwise used for additional housing or amenities such as common open space or private open space. Jurisdictions can implement greater parking requirements to avoid parking spillovers in adjacent neighborhoods. This is a common issue related to denser, multi - family residential uses that are adjacent to single - family areas. The Zoning Ordinance requires parking based on the number of units on the property. Parking requirements for residential uses are listed in Table H -32. For single - family detached, duplexes, condominiums, and townhouse developments, the Zoning Ordinance requires two enclosed parking spaces plus one additional garage or surface space where a dwelling unit contains five or more bedrooms. Apartment requirements for parking include one carport space per dwelling unit, plus one other space per dwelling unit. Senior housing requires only one space per dwelling unit. Guest parking requirements for all residential projects, not including single - family detached units, require one guest parking space per three dwelling units. Baldwin Park 2020 General Plan HE -46 Housing Element Table H -32 Parking Requirements Land Use Minimum Number of Spaces Required Caretaker Housing 1 space/dwelling space/dwelling unit Day Care Facilities a. Small- Family Day Care Home a. No requirement beyond standard single - family use b. Large - Family Day Care Home b. 2 spaces for single - family dwelling plus 1 space /employee not residing in the home plus 1 space for drop -off and pick -up c. Day Care Facility c. 1 space /employee plus 1 space /facility vehicle plus 1 space /S children (or adult, if adult day care ) at facility licensed capacity Dwelling: a. Single - family Detached, Duplex, a. 2 garage spaces /dwelling unit, plus 1 additional garage or surface space Condominium, and Townhouse where dwelling unit contains 5 or more bedrooms b. Apartments b. 1 carport space /dwelling unit, plus 1 other space /dwelling unit c. Efficiency Apartments C. 1 space /dwelling unit d. Senior Housing ( d. 1 space /dwelling unit e. Second Units e. 1 enclosed space /dwelling unit I ' For all but single- family detached, Guest Parking shall be provided at 1 space/3 dwelling units Mobile Home Park 2 s aces /mobile home site plus 1 guest s ace /5 sites Source: Baldwin Park Zoning Ordinance, 2011. Notes: Building area defined as gross usable area If more than one use is located on a site (mixed -use), the number of required off - street parking spaces is equal to the sum of the requirements prescribed for each use. However, the shared use of parking facilities may be permitted where nonresidential uses that are primarily utilized in the daytime share parking facilities with a primarily nighttime use and /or primarily Sunday use, and vice versa. These uses must be located within 300 feet of each other. Shared parking provides opportunities for mixed -use development to maximize available land, by developing parking that can be used by both residents and visitors to commercial establishments, consistent with City standards. Open Space Requirements To improve the living environment of residential neighborhoods, communities typically require housing to have a certain amount of open space, such as yards, common space, and landscaping. In Baldwin Park, open space is reflected in setbacks and lot coverage requirements, as well as minimum square footage requirements per dwelling unit. The Baldwin Park Zoning Ordinance divides open space into two categories: common open space and private open space. Common open space area is available for the common use or enjoyment of all persons residing on the lot upon which such open space is located. Private open space area, other than a required yard area, consists of that which is immediately adjacent to the dwelling unit served, and which is available for the exclusive use of the occupants of the dwelling unit. Table H -33 identifies the different open space requirements for different residential and mixed -use zones. Baldwin Park 2020 General Plan HE -47 Housing Element Table H -33 Open Space Requirements Open Space Area R -1 -7,500 R -1 R -G R -3 MU -1- MU -2* Specific Requirements Regulations Common — Minimum - -- 250 sf /du 250 sf /du 100 sf per unit 153.040.040; 151070.030 20% of net 20% of net per unit 36 sf p 151040.040; Private — Minimum lot area lot area 200 sf /du 200 sf /du (Minimum dimension 153.070.030 shall be 6 ft) Small-Lot Single - Family 15% of net 15% of net 153.040.110; Developments: Private — - - ].or area lot area - -- 153.040.040 Minimum inurre. Rald�vLl Pariz Inning Ordinance 20111, *Note: Mixed -Use Standards are still under discussion and subject to change. Site Improvements Site improvements and property dedications are important components of new development and contribute to the creation of decent housing. These may include: Reservation of sites for parks, recreation facilities, fire stations, libraries, or other public uses Dedication for streets, highways, alleys, access rights, bikeways, walkways, equestrian trails, rights -of -way for drainage and erosion control facilities, and other public easements, and public utility easements. Baldwin Park has the authority to impose conditions of approval on a final tract map or parcel map, requiring the subdivider to dedicate real property for streets, alleys, drainage, public utility easements and other public easements, as indicated in Section 152.11 of the Subdivision Code. The Zoning Ordinance also requires site planning and general development standards for new residential development including standards for architectural design, fences and walls, refuse collection facilities, property maintenance, and street dedications. The requirements are further articulated in the citywide design guidelines. Providing for a Variety of Housing Types The Land Use Element and Zoning Ordinance contain the basic standards that allow for the development of a variety of housing types. The Zoning Ordinance development standards are considered standard for suburban communities in Los Angeles County and Southern California and do not impede the ability to develop housing at appropriate densities. Baldwin Park 2020 General Plan HE -48 Housing Element Second Units Baldwin Park permits the construction of second dwelling units consistent with State law. The Zoning Ordinance allows for attached or detached second residential units to be constructed in the R -1, R -G, and R -3 zones as an accessory use. Additional conditions are standard and do not impede the creation of second units, including: • The owner of the property must reside within the primary or second dwelling unit, and may rent, but not sell the second unit. • Second dwelling units must be located within the rear 50 percent of the lot, and should incorporate similar architectural features as the primary dwelling. • The second unit must meet all minimum development standards for the zoning district in which it is located, including but not limited to height, setbacks, lot coverage, and distance from animal- keeping areas. • Each detached second dwelling unit is limited in height to one story. For a second unit attached to the existing single- family unit, the height must not exceed the height of the existing structure. • For a detached second unit, the total floor space of the unit must not exceed 1,000 square feet. For a second unit attached to the existing single- family dwelling unit, the floor area of the second unit must not exceed 30 percent of the floor area of the existing unit, provided, however, that a minimum of 400 square feet of habitable area shall be permitted. • One enclosed parking space is required for the second unit, in addition to any other parking required for the primary unit. The Zoning Ordinance defines allows a second dwelling unit as an attached or detached dwelling unit which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing dwelling unit. Multi - Family Housing Multi - family housing is permitted by right in the R -G and R -3 residential zones. Two - family units (duplexes) are only permitted in the R -G and R -3 residential zones, and not in the R -1 -7,500 and R -1 zones. Mixed -Use Development Mixed -use development, specifically the integration of residential and commercial uses, is a relatively new housing concept in Baldwin Park. The General Plan, when adopted in 2002, introduced the new Mixed -Use category allowing for the potential of integrated retail, office and residential uses in the City's historic downtown area and along a section of North Maine Avenue. Complementing the General Plan, the Zoning Ordinance introduces two mixed -use zones (MU -1 and MU -2) that provide opportunities for primarily medium- and high - density residential mixed -use developments, with limited commercial, institutional, office, and service uses. The Zoning Ordinance, which implements higher densities in the Mixed -Use areas, will be adopted in 2011, prior to adoption of the Housing Element. Baldwin Park 2020 General Plan HE -49 Housing Element Manufactured and Mobile Homes The Baldwin Park Zoning Ordinance defines manufactured or mobile homes a transportable structure that is built on a permanent chassis and designed to function as a dwelling when connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems. Manufactured housing is permitted by right on all residential zoned properties, pursuant to State law. Mobile home parks developments, (defined as any area or tract of land where two or more lots are rented or leased, held out for rent or lease to accommodate manufactured homes or mobile homes) are conditionally permitted in all of the residential zones except MU-1 and MU-2. Residential Care Facilities Residential care facilities serving six or fewer persons are considered a regular residential use and are permitted in all residential districts pursuant to State law. The Zoning Ordinance, under Section 153.220.190, defines residential care homes as residential homes that provides 24-hour non-medical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. The code also defines and conditionally permits residential care facilities, defined to be those facilities that provide 24-hour non-medical care for more than 6 persons of the same service population. Such facilities may provide nursing, dietary and other personal services, but not surgery or other primary medical treatments that are customarily provided in convalescent facilities or hospitals. This classification includes retirement homes. Furthermore, the Zoning Ordinance also defines adult care facilities as a facility that provides super-vision and non-medical care to more than 6 adults, including elderly persons, on a less than 24-hour basis. An adult day care home is defined as a home that provides supervision and non-medical care to 6 or fewer adults, including elderly persons, in the provider's home on a less than 24-hour basis. Under the Permitted and Conditionally Permitted Uses within Residential Zones table, Adult Day Care Facilities and Group Homes (six or fewer residents) are listed. Adult Day Care Facilities are conditionally allowed in each residential zone, while a Group Home, with six or few residents, is permitted by right within each residential zone. Adult Day Care Facilities are also conditionally allowed in the Commercial Neighborhood Commercial (C-1), General Commercial (C-2), Mixed-Use I (MU-1), and Mixed-Use 2 (MU-2) zones. Residential care homes are permitted in all residential zones, and residential care facilities (more than six persons) are conditionally permitted in all residential and mixed-use zones. Baldwin Park 2020 General Plan HE-50 Housing Element Supportive Housing In a supportive housing development, housing can be coupled with social services such as job training, alcohol and drug abuse programs, and case management for populations in need of assistance, such as the homeless, those suffering from mental illness or substance abuse problems, and the elderly or medically frail. A supportive housing development in the form of a residential care facility serving six of fewer persons is treated as a residential use, consistent with State law, but are subject to development standards for the zoning district in which they are located. Similarly, supportive housing that functions as an apartment would be treated as such in the permitting process. Large supportive housing developments that function like an apartment are processed in the same manner as other types of large multi - family developments. Emergency and Transitional Housing The City's Zoning Ordinance makes generous provisions for housing opportunities for special needs residents. Emergency shelters and transitional shelters are allowed in the City based on the type and character of development. Emergency shelters provide short -term shelter for homeless persons. Transitional housing provides longer -term housing (up to two years), coupled with supportive services such as job training and counseling, to individuals and families who are transitioning to permanent housing. Siting for emergency and transitional housing is based on the character of development (residential, commercial, etc.), not the population these developments serve. Consistent with State law, small transitional housing serving six or fewer people is considered a regular residential use and permitted in all zones where residential uses are permitted. Transitional housing for more than seven people that is operated as a residential care facility is conditionally permitted in all residential zones and the Cl and C2 zones. Transitional housing that functions as a regular multi- family use (such as apartments) is permitted where multi - family uses are permitted. To facilitate the development of emergency housing and comply with State law, the City's Zoning Ordinance was amended to permit emergency shelters by right in the Commercial- Industrial (C -I) zone. The C -I zone accommodates a wide range of commercial and industrial uses, with the emphasis on uses that provide manufacturing and technical skills employment. The C -1 zone is located along the 1 -10 and 1 -605 freeways, along Arrow Highway at the City's northern border, and an area in the eastern part of the City at Ramona Boulevard. Allowed uses in the C -I zone include offices, manufacturing, assembly, industrial, storage, fabrication, research, and testing establishments. Areas zoned C -I present opportunities for land recycling and the establishment of an emergency shelter. The C -1 zone was created as part of the comprehensive Zoning Ordinance update to consolidate the prior Commercial - Manufacturing, Office - Industrial, and Industrial - Commercial zones, and to reflect General Plan land use policy. The consolidation substantially expanded C -I zoned properties throughout the City, for a total of approximately 185 acres. The C -I zone responds to land use trends and City objectives to phase out heavy, dirty industrial uses and accommodate lighter manufacturing uses that include a commercial component. The new focus on commercial activities within this Baldwin Park 2020 General Plan HE -51 Housing Element zone will facilitate access to commercial services and goods for residents of any future emergency shelters. Properties zoned C -I are served by regional transportation options, with ready access to the Interstate -10 and major roads such as Ramona Boulevard, as well as regional bus routes and the downtown Metrolink commuter rail station. Realizing the expense associated with new construction, Baldwin Park identified areas zoned C -I to have a mix of medium- to large -sized buildings that would lend themselves to reuse as homeless shelters. There are multiple lots that are underutilized, containing only a small commercial storefront on a portion of the lot. Some lots have a primary use as storage. There are at least three properties within the C -I zone with existing infrastructure and buildings that were listed for lease or sale as of early 2009. In addition, the City has identified approximately 16.8 acres of vacant land zoned for C -I development, based on Los Angeles County Assessor data. Conditions for approval of emergency shelters consistent with State law are clearly r. � 7 , L spe%iiieu. in Life - ing Ordinance. Voncanons pC1111ULCU uy JlatC law include: ■ The maximum number of beds /persons permitted to be served nightly; ■ Off - street parking based on demonstrated need, but not to exceed parking requirements for other residential or commercial uses in the same zone; ■ The size /location of exterior and interior onsite waiting and client intake areas; ■ The provision of onsite management; ■ The proximity of other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; ■ The length of stay; ■ Lighting; and ■ Security during hours that the emergency shelter is in operation. The development and management standards for emergency shelters in the Baldwin Park Zoning Ordinance were drafted to be consistent with revised State law. Specific provisions for emergency shelters in Baldwin Park include: ■ The emergency shelter may contain a maximum of 30 beds; ■ One parking space is required for every five beds, in addition to two spaces for employees; ■ Interior onsite waiting and client intake areas must be at least 200 square feet. Outdoor onsite waiting areas may be a maximum of 100 square feet, and must be located within 50 feet of the public right -of -way; ■ Onsite management is required during hours of operation; ■ No more than one emergency shelter is permitted within a radius of 300 feet. ■ Temporary shelter may be provided to residents for no more than six months; ■ Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights -of- way, and of an intensity compatible with the neighborhood; and ■ The emergency shelter provider /operator shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, Baldwin Park 2020 General Plan HE -52 Housing Element security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees. Farmworker Housing Only 69 Baldwin Park residents held "Farming, Forestry, and Fishing" occupations at the time of enumeration of the 2000 Census. These persons are most likely employed in plant nurseries, landscaping, or gardening companies. No agricultural operations occur in Baldwin Park, and the Zoning Ordinance does not permit any agricultural uses. Thus, the City does not foresee a need to provide farmworker housing pursuant to the State Employee Housing Act (Section 17000 of the Health and Safety Code). Density Bonus The Baldwin Park Zoning Ordinance establishes housing incentives to assist in the provision of affordable housing for low- and moderate- income households (see Table H- 34). Table H -34 Density Bonus Opportunities Source: CA Government Code Section 65915 Consistent with State law (California Government Code 65915), developers in Baldwin Park can receive density bonuses of 20 to 35 percent, depending on the amount and type of affordable housing provided, and "concessions ", exceptions from normally applicable zoning and other development standards. Developers may seek a waiver or modification of development standards that have the effect of precluding the construction of a housing development meeting the density bonus criteria. The developer must show that the waiver or modification is necessary to make the housing units economically feasible. State density bonus regulations also include incentives and concessions. A developer can receive an incentive or concession based on the proportion of affordable units for target groups. Incentives or concessions may include, but are not limited to, a reduction in setback and square footage requirements and a reduction in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. Baldwin Park 2020 General Plan HE -53 Housing Element Additional Bonus for % Target Units Minimum % of Bonus Each 1% Increase in Required for Maximum Group Units Granted Target Units 35% Bonus Very Low - Income 5% 20% 2.5% 110/0 Low - Income 100/0 20% 1.5% 20% Moderate Income (Condo or PUD Only) 100/0 5% 10/0 40% Senior Citizen 1000/0 20% -- - Housing Development Source: CA Government Code Section 65915 Consistent with State law (California Government Code 65915), developers in Baldwin Park can receive density bonuses of 20 to 35 percent, depending on the amount and type of affordable housing provided, and "concessions ", exceptions from normally applicable zoning and other development standards. Developers may seek a waiver or modification of development standards that have the effect of precluding the construction of a housing development meeting the density bonus criteria. The developer must show that the waiver or modification is necessary to make the housing units economically feasible. State density bonus regulations also include incentives and concessions. A developer can receive an incentive or concession based on the proportion of affordable units for target groups. Incentives or concessions may include, but are not limited to, a reduction in setback and square footage requirements and a reduction in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. Baldwin Park 2020 General Plan HE -53 Housing Element The City of Baldwin Park uses the California Building Code, 2007 Edition, as the basis of its building standards, including rules and standards pertaining to the construction, alteration, repair, moving, demolition, conversion and maintenance of all buildings and structures. No restrictions or amendments have been adopted that would constrain the development of housing. Enforcement of building code standards does not constrain the production or improvement of housing in Baldwin Park, but instead serves to main the condition of the City's neighborhoods. Energy Conservation Title 24 of the C alifnrnia AdgninistratiA e Cnde mandates imifnrm PnPrgy conservation standards for new construction. Minimum energy conservation standards implemented thrnilgh Title 24 and the Cit -y's Zoning Ordi nance m2y 2rrre2sp initial rnncrructi �. a .o Ordinance „- -- '--- costs, but reduce operating expenses and expenditure of natural resources over the long run. Fees and Exactions The City of Baldwin Park charges planning fees to process and review permits for residential developments. Some Baldwin Park fees were adjusted in 2008 for the first time in 18 years. These fee increases are reflective of higher costs to complete administrative review of documents and applications. In order for fee increases and proposed fees to meet legal standards, those fees cannot exceed the actual cost to provide the related services (including staff time and overhead). Revised fees in Baldwin Park are consistent with State law and do not exceed actual costs of administrative processing. Fees charged in Baldwin Park are, in general, lower than many surrounding communities in Los Angeles County. A survey of neighboring jurisdictions (Azusa, Covina, El Monte, and West Covina) indicates that permit fees in Baldwin Park are less than all jurisdictions surveyed (see Table H -35). The City also charges a limited number of impact fees to ensure that services and infrastructure are in place to serve the planned developments (see Table H -36). Although impact fees and requirements for offsite improvements add to the cost of housing, these fees and requirements are necessary to maintain the quality of life within a community. Baldwin Park's impact fees include a dwelling unit fee, park fees, and school fees. Los Angeles County provides sewer to the City and charges a related sewer connection fee. The dwelling unit fees are applied to pay a portion of the costs identified for public facilities used for transportation services, storm drain facilities, and police and fire services. Baldwin Park 2020 General Plan HE -54 Housing Element Table H -35 Planning Permit Fees Permit Type Fee Neighboring Jurisdiction Fees Administrative Adjustment $500 N/A Zone Variance or Conditional Use Permit (CUP) $1,500 $1,975 to $3,804 Amendment to the Zoning Ordinance or General Plan $2,900 $3,165 to $11,100 Zone Change only $2,400 $4,700 to $5,000 Development Plan Costs incurred by staff, $2,500 min. deposit. N/A Specific Plan Costs incurred by staff, $2,500 min. deposit. $8,200 Conditional Use Permit (CUP) - Modification I $5001 $1,585 to $1,722 Conditional Use Permit (CUP) — Renewal $500 Design Review Fees $350 to $3,850 $322 to $6,100 Categorical Exemption $60 $35 to $95 Negative Declaration $800 N/A EIR (Review Only) $70/hour $4,500 EIR (Preparation) Actual costs incurred plus 15% of total costs Actual costs incurred plus 150/o admin fee Tentative Parcel Map $3,000 $1,833 Tentative Tract Map Starts at $3,500 $2,400 to $5,953 Site Plan Review $2,500 N/A Parcel Map — Final Map $3,000 + 75 /parcel N/A Tract Map — Final Map $3,500 + 75 /lot N/A Appeals to the Zoning Administrator, Planning Commission or City Council $800 $427 to $790 Building Permit Fees (Single - Family) $1,156 to $2,465 N/A Building Permit Fees (Multi - Family) $1,084 to $2,825 N/A Source: City of Baldwin Park. City of Azusa, City of Covina, City of El Monte, and City of West Covina, 2007 Baldwin Park 2020 General Plan HE -55 Housing Element Table H -36 2007 Baldwin Park Impact Fees Impact Fees Single Family Condominium Multi- Family Mobile Home Flood Control Protection $0.90 per square foot of roof area, not to exceed $50,000 Fees Traffic Congestion Relief $43.63 per unit Fees The Parkland Impact Fee or In -Lieu fee is based on the amount of land to be dedicated that provides three (3) acres of park area for 1,000 residents. Park Parkland Fees area is based on the number of dwelling units to be constructed and the density factor of 4.44 persons per dwelling unit (Chapter 154: Development Fees, of the Baldwin Park Municipal Code). Parkland fees generally are approximately $6,900 per unit. Sewer Connection Fee $1,750 $1,313 $1,050 $1,050 School Fee , $234 per square feet Art in Public Places Fee' One Percent (1 0/o) of the Total Building valuation Source: City of Baldwin Park, 2007; Sewer Fee: Los Angele County Sanitation District, July 2007. Notes: Art in Public Places Fee only applies to residential development projects with more than four (4) dwelling units, and the fee is based on the amount that is equal to one percent (1 0/6) of the total building valuation. Fees charged in Baldwin Park are comparable to, and even less than, those of surrounding communities in Los Angeles County. A 2007 National Impact Fee Survey surveyed 38 California jurisdictions and estimated an average total impact fee of $26,392 for single family residences and $17,558 for multi - family units within the state. The same study included two Los Angeles County jurisdictions: Lancaster and Long Beach. A review of neighboring Covina was also conducted for this Housing Element. The chart below indicates that Baldwin Park's impact fees are slightly higher than both of these other cities, due mostly to the City's parkland fee of approximately $6,900 per unit. The Quimby Act allows the legislative body of a city or county, by ordinance, to require the dedication of land, the payment of fees in -lieu of, or a combination of both, for park and recreational purposes as a condition to the approval for a final tract map or parcel map. The Baldwin Park General Plan sets clear goals for the expansion of public parks in the City. As of 1999, the City had 27 acres of parkland, an estimated 0.4 acres of park space per 1,000 residents. This is significantly less than established guideline recommendations of between 2.5 and 3.0 acres of parks per 1,000 residents. While the park fee is high, Baldwin Park's highly urbanized nature in conjunction with the limited amount of parkland justifies this impact fee. In an effort to promote second dwelling units, affordable housing, and senior housing, the City does have parkland fee exemptions and fee reductions for these uses. New second dwelling units, on a property with one existing single - family house, only have to pay half of the required in -lieu parkland fees. Residential development restricted by covenant to occupancy for low- and moderate - income households and /or senior citizens Baldwin Park 2020 General Plan HE -56 Housing Element are exempted from parkland fees. Affordable housing projects are also exempt from the art in public places fee. Affordable housing projects in Baldwin Park pay substantially less in impact fees, as indicated in Table H -37. Table H -37 Total Impact Fees (Sample) City Total Impact Fees Single Family Multi-Family Baldwin Park $14,836 $13,616 Baldwin Park - Affordable Housing $7,874 $5,654 Covina $11,594 $9,008 Lancaster S12.1031 $8,538 Long Beach $8,363 $5,513 ')OAR Notes: 1. Impact fees include flood control fee, traffic impact fee, Quimby /parkland fee, sewer fees, school impact fees, and art in public places fee (residential projects with 4 or less units, including single family residential units, are exempt from art in public places fee). 2. Assumes an average unit size of 2000 square feet for single family units and an average unit size of 1500 square feet for multi- family units. 3. Art in public places fee assumes a building valuation of $1 million and a 10 unit building (Single Family and any projects with 4 or less units exempt) 4. Quimby fee assumptions ($6,900) are drawn from September 1, 2004 Baldwin Park Staff Report recommending adoption of the Quimby fees and related calculations. Processing and Permit Procedures The development review process is an important tool that helps ensure that new housing meets all necessary health and safety codes and is supplied with all necessary utilities and infrastructure. Yet, the development review process can also constrain opportunities for the development of lower- income housing, particularly through the indirect cost of time in the process and the direct cost in fees. The Planning Division, under the Community Development Department, is the lead agency in processing residential development applications, and as appropriate, coordinates the processing of these applications with other City departments and agencies. The City uses various development permits to ensure quality housing while minimizing the costs associated with lengthy reviews, and provides a procedural guide to facilitate the submittal process. Such permits include Plan Review /Design Review, Conditional Use Permit, Variances, and Administrative Adjustments. The Planning Division also reviews tentative tract and parcel map applications. Baldwin Park 2020 General Plan HE -57 Housing Element Plan Review /Design Review Procedures The Plan Review /Design Review portion of the development process is mandatory for all development and subdivision projects, excluding single - family residential projects that are not a part of a subdivision of five or more lots. The intent of Plan Review /Design Review is to promote and enhance good design and site relationships in order to provide for more orderly development within the City. It includes review of design, layout, and other features of proposed developments. In addition, the process aids the developer /designer by permitting staff to identify design and code deficiencies prior to the submittal of more costly construction drawings required by the Building Division. The process for Plan Review /Design Review includes the following: 1. Pre - submittal review of conceptual drawings is recommended before an application is submitted to the Planning Division. 2. Plan Review /Design Review application is required before review can begin. incomplete applications will delay process. 3. Proposal will be reviewed by staff committees with a decision of approval, approval with conditions, or denial made on the basis of completeness of the application, conformance with applicable Codes, and aesthetic considerations. 4. Decision letter will be mailed out within 30 days from the day that the completed application was submitted. 5. Denials can be appealed to Planning Commission. Approved drawings may proceed to request any additional approvals or permits, including plan check with the Building Division. Planning Commission & City Council Public Hearing Procedures Conditional use permits (CUP), variances, tentative tract maps, and zoning and general plan amendments requirements all require Planning Commission recommendations or approvals. These requirements are similar to those of the majority of California cities. Development permits such as tentative tract maps and zoning and general plan amendments require City Council approval, following a Planning Commission recommendation. The process for Planning Commission and /or City Council approval includes the following process: 1. The Planning Commission and City Council typically conduct public hearings twice a month. Applications must be submitted approximately 45 to 60 days before the scheduled Planning Commission public hearing. Specific submittal deadline dates are available in the Planning Division office. Baldwin Park 2020 General Plan HE -58 Housing Element 2. When an application is received, it is date - stamped and checked for completeness within 30 days. If the permit required a Plan Review /Design Review permit, required components for completeness should be provided at that time. 3. Coordination reports are prepared and a copy of the plans and /or elevations is forwarded to the appropriate City departments and non -City agencies for review and comment. 4. After submittal, the permit application is considered by the Planning Division and other departments. All agency concerns regarding the application are discussed as well as necessary design changes, recommended conditions of approval, and environmental findings. 5. When the Planning Division determines that a Negative Declaration or an Environmental Impact Report is required, the appropriate process must be coiilpJeted prior to scheduling the item for public hearings. 6. Prior to the Planning Commission meeting, Notices of Hearing are mailed to all property owners within a three hundred foot radius of the property. Prior to the meeting, notices are posted on -site, at City Hall, and at the Baldwin Park Community Center. Concerned residents may contact the Planning Division and submit written comments regarding the application. They may also formally address the Planning Commission at the Public Hearing regarding the proposal. Staff prepares a report for each item on the Commission agenda. At their meeting, the members of the Planning Commission review staff recommendations, public testimony and the applicant's presentation. The Commission either approves or denies the permit. S. Minutes of the Planning Commission meeting are prepared for public review. 9. The Commission's decision is final unless appealed. The owner /applicant or any concerned person may file an appeal of the Commission action with the City Clerk for hearing by the City Council. Any such appeal must be filed within ten calendar days of the Commission action; the appeal process begins at City Clerk and must be accompanied by the appeal fee. 10. If required, the permit is usually scheduled for Council action after the Commission meeting. The City Clerk prepares the Council agenda and may be contacted regarding the scheduling of agenda items. Processing and Permit Time Frame From submittal to Planning Commission hearing, a subdivision request (tract map or parcel map) takes on average 4 to 6 weeks (see Table H -38). Other entitlements required Baldwin Park 2020 General Plan HE -59 Housing Element for the project are processed concurrently with the subdivision request. A project that requires a variance, zone change, or general plan amendment adds approximately 8 to 10 weeks to the process. Additionally, building permits generally take 6 to 8 weeks to process. Table H -38 Development Review Time Frames Application Estimated Processing Time Plan Review /Design Review 30 days Conditional Use Permit 4 -6 weeks Planning Commission Review 4 -6 weeks Variance 4 -6 weeks Parcel Map or Tract Map 4 -6 weeks Zoning Map Amendment e -10 weeks General Plan Amendment 8 -10 weeks __� __ -- ° Env�ror��enta� nC�rCW (not including an environmental impact report) I Processed in conjunction with the application. it's included in the overall processing time. Building Permit 6 -8 weeks for plan check Source: City of Baldwin Park Staff Processing times may be substantially longer if an environmental impact report (EIR) is required for a project. Housing for Persons with Disabilities Pursuant to State law, Baldwin Park permits state - licensed residential care facilities serving six or fewer persons in all of its residential zoning districts by right. Adult day care facilities (defined as having more than six persons) require a CUP in all residential zones. As stated previously, the City has adopted the California Building Code. Standards within the Code include provisions to ensure accessibility for persons with disabilities. These standards are consistent with the Americans with Disabilities Act. No local amendments that would constrain accessibility or increase the cost of housing for persons with disabilities have been adopted. To accommodate disabled persons in public facilities, the City defers to Title 24 of the California Handicap Accessibility Code. The definition of "family" may limit access to housing for persons with disabilities when municipalities narrowly define the word, illegally limiting the development of group homes for persons with disabilities, but not for housing similar sized and situated families. The Baldwin Park Zoning Ordinance includes the following definition of family: A group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including the joint use of common areas of the premises which they occupy and sharing household activities and responsibilities such as meals, chores, and expenses. Notwithstanding the foregoing, any group of persons required to be considered as a "family" for zoning purposes pursuant to California Baldwin Park 2020 General Plan HE -60 Housing Element Health & Safety Code Sections 1267.8,1566 .3,1568.0831,1569.85,11834.23, or any other state law shall be deemed to be a family for purposes of this code. This definition does not discriminate nor limit access to housing for persons with disabilities. The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation to rules, policies, practices and procedures where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. While fair housing laws intend that all people have equal access to housing, the law also recognizes that people with disabilities may need extra tools to achieve equality. Reasonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. For developers and providers of housing for people with disabilities who are often confronted with siting or use restrictions, reasonable accommodation provides a means of requesting from the local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities and counties are required to consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be "reasonable" based on fair housing laws and the case law interpreting the statutes. State lave allows for a statutorily based four -part analysis to be used in evaluating requests for reasonable accommodation related to land use and zoning matters and can be incorporated into reasonable accommodation procedures. This analysis gives great weight to furthering the housing needs of people with disabilities and also considers the impact or effect of providing the requested accommodation on the City and its overall zoning scheme. Developers and providers of housing for people with disabilities must be ready to address each element of the following four -part analysis: • The housing that is the subject of the request for reasonable accommodation is for people with disabilities as defined in federal or state fair housing laws; • The reasonable accommodation requested is necessary to make specific housing available to people with disabilities who are protected under fair housing laws; • The requested accommodation will not impose an undue financial or administrative burden on the local government; and • The requested accommodation will not result in a fundamental alteration in the local zoning code. To create a process for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development, and use of housing for people with disabilities the City created a reasonable accommodation ordinance as part of the comprehensive Zoning Ordinance update. The City will provide notice to the public of the availability of an accommodation process at all counters where applications are made for a permit, license or other authorization for siting, funding, development, or use of housing and on the City's website (Program 19). Baldwin Park 2020 General Plan HE -61 Housing Element Market Constraints Many factors that relate to housing costs are related to the larger housing market in general. Land costs, construction costs, and labor costs all contribute to the cost of housing, and can hinder the production of affordable housing. Additionally, the availability of financing can limit access to homeownership for some low - income households. Market - related constraints are part of regional trends related to housing and local jurisdictions seldom have any control over these. Construction Costs Construction costs vary widely according to the type of development, with multi - family housing generally being less expensive to construct than single- family homes, relative to the number of dwelling units. However, there is wide variation within each construction type, depending on the size of the unit, the number and quality of amenities provided, quality of construction, and the types and quality of materials used. Another factor related to construction costs is the number of units built at one time. As the number increase, overall costs generally decrease as builders can benefit from the economies of scale. Additionally, manufactured housing (including both mobile homes and modular housing) may provide for lower.- priced housing by reducing construction and labor costs. N. ! . Land is perhaps the major variable cost component in producing new housing. A very limited amount of vacant land is available in Baldwin Park. A survey of land sales reveals that only four residential lots were listed between January and September 2007. One of these lots, under an acre in size and with an existing duplex, contains an approved tentative tract map to subdivide the lot into five lots for single- family homes. Another property that recently sold is vacant, but plans are underway to build 13 townhouses. One of the residential lots is zoned for industrial use, but has an existing single- family residential home. The average cost per square foot for these sites is at $40 per square foot, or $1.7 million per acre. Labor Costs The California Labor Code applies prevailing wage rates to public works projects exceeding $1,000 in value. Public works projects include construction, alteration, installation, demolition, or repair work performed under contract and paid for in whole or in part out of public funds. State law exempts affordable housing projects from the prevailing wage requirement if they are financially assisted with only redevelopment housing set -aside funds. However, if other public funds are involved, which is often the case, prevailing wage rates may still be triggered. While the cost differential in prevailing and standard wages varies based on the skill level of the occupation, prevailing wages tend to add to the overall cost of development. In the case of affordable housing projects, Baldwin Park 2020 General Plan HE -62 Housing Element prevailing wage requirements could effectively reduce the number of affordable units that can be achieved with public subsidies. The availability of financing for a home greatly affects a person's ability to purchase a home or invest in repairs and improvements. The Home Mortgage Disclosure Act (HMDA) requires lending institutions to disclose information on the disposition of loan applications by income, gender, and race /ethnicity of applicants. Table H -39 presents the disposition of home purchase loan applications in 2005 by income of the applicants. The data is for the Los Angeles -Long Beach - Glendale MSA, of which Baldwin Park is a part. The data includes purchases of one- to four -unit homes as well as manufactured homes. Over 86 percent of the loan applications were received from above moderate- income households (earning greater than 120 percent of Median Family Income (MFI)). Moderate - income households (80 to 120 percent of MFI) and lower - income households (less than 80 percent MFI) accounted for seven percent and two percent, respectively. (Income data was unavailable for five percent of the applicants.) Origination refers to loans approved by the lender and accepted by the applicant. The overall loan origination rate was under 56 percent, and this rate decreased as income decreased. These rates can be expected to contract further as a recent national survey conducted by the Federal Reserve found that more than half of banks responding reported they had tightened their lending standards for subprime mortgages. Additionally, slightly more than ten percent of responding banks said they had recently tightened lending standards, while none reported easing standards.2 Table H -39 Disposition of Conventional Home Purchase Loan Applications for the Los Angeles -Long Beach - Glendale MSA Applicant Income Total Apps. Percent of Total % Orig. % Denied % Other* Lower Income ( <80% MFI) 7,048 2% 27.6% 38.2% 34.2% Moderate Income (80 to 120% MFI) 22,823 7% 50.7% 21.5% 27.80/b Upper Income ()1200/o MFI) 269,321 86% 57.1% 17.9% 24.9% All 1 312,667* 1 1000/01 55.60/o 18.50/o 25.9% Source: Home Mortgage Disclosure Act (HMDA), 2005. * "Other" includes applications approved but not accepted, withdrawn, and files closed for incompleteness. * *Totals do not match up based on the unavailability of income data for some applicants. z Daily News, 8/13/07: No -down mortgage a relic, buyers face more scrutiny. http://www.dailynews.comJbusiness/ci-6616413 Baldwin Park 2020 General Plan HE -63 Housing Element Baldwin Park has several environmental constraints that affect potential development. These constraints - associated with seismic activity, liquefaction, and potential dam failure - can preclude or restrict the development of housing. This section examines these constraints. Seismic Activity The potential for seismic activity and ground shaking in Baldwin Park depends on the proximity to the affected fault and the intensity of the seismic event along the fault. Like many cities in Southern California and along the base of the San Gabriel Mountains in particular, Baldwin Park lies near several fault zones, although no Aquist- Priolo .Earthquake Fault Zones (active faults' ) had been mapped within the Baldwin Park city limits. Movement along any of the regional faults or fault zones (Whittier, Puente Hills, - �� S dose, Sierra Ma re, Indian iiiils, aiiu Rayn ona) nas t' he potential to create groundshaking in the City. The severity of shaking depends up the location of the earthquake, its intensity, and the duration. The City has implemented the California Building Code seismic safety standards for structural construction. The City will continue to enact these and other seismic safety programs to minimize hazards from earthquakes and other seismic hazards. Liquefaction A secondary effect from earthquakes includes liquefaction. Liquefaction is the loss of strength that can occur in loose, saturated soil during or following seismic shaking. This condition can produce a number of ground effects, including lateral spreading, boils, ground lurching, and settlement of fill material. Liquefaction hazards can occur in areas where groundwater exists near the ground surface. Data provided by water service providers in Baldwin Park indicate that a depth to groundwater is more that 50 feet, and therefore liquefaction hazards are generally low. However, maps published by the State Division of Mines and Geology (1998) document areas of historic liquefaction occurrence in the southwest portion of Baldwin Park. Liquefaction hazards, where present, can generally be remedied by standard engineering practices. Failure of the Santa Fe Dam due to seismic activity has the potential to impact the City of Baldwin Park, as well as other nearby communities. The dam is located on the San Gabriel River, about four miles downstream from the mouth of the San Gabriel Canyon and approximately one -half mile north of Baldwin Park. The San Gabriel River originates on the southern slopes of the San Gabriel Mountains. It flows through precipitous canyons to the base of the mountains, thence across a broad alluvial cone to Santa Fe Reservoir, and through the San Gabriel Valley to Whittier Narrows Reservoir. Santa Fe Baldwin Park 2020 General Plan HE -64 Housing Element Dam is an essential element of the Los Angeles County Drainage Area flood control system. The primary purpose of the dam is to provide flood protection for the densely populated area between the dam and Whittier Narrows Reservoir. The dam is owned and operated by the Los Angeles District of the Army Corps of Engineers. Army Corps of Engineers flood emergency plan data indicates that failure of the Santa Fe Dam would result in the entire City of Baldwin Park being flooded. Water depths would range from 2 to 12 feet, with shallow depths located at a farther distance from the dam. State law requires every dam owner develop and maintain an emergency plan to be implemented, in the event that the dam in catastrophically breached. Each dam - specific emergency plan includes a map that shows the potential limits of the flood that could result of a flood that could result if the dam should fail while filled to capacity. These flood maps are considered as a worst -case scenario. Since most dams in Southern California are not normally filled to capacity, the possibility of inundation in the City of Baldwin Park is remote. Infrastructure Constraints In planning for future residential development, it is important to evaluate current service levels provided to existing residents, deficiencies in the levels of services provided, and the need for additional public services and facilities to support new development. This section addresses the ability of water and wastewater utilities to serve an increase in population. Water Potable water in Baldwin Park is provided by three water companies: Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company. The Valley County Water District is the City's largest water supplier and serves approximately 55,000 people in parts of Baldwin Park and neighborhood cities. Their main water source is supplied from wells beneath their service area from the Upper San Gabriel Groundwater Basin, including four wells in Baldwin Park. The San Gabriel Valley Water Company supplies water exclusively from groundwater wells to customers in Baldwin Park and surrounding cities. Most of the wells are located in Baldwin Park and El Monte, and six of the company's reservoirs serve Baldwin Park. The City's smallest water supplier is the Valley View Mutual Water Company, which supplies approximately eight percent of Baldwin Park's population. It also receives water from wells. A major issue these water companies confront is the water contamination. Baldwin Park is located in one of four San Gabriel Valley Superfund sites identified by the Environmental Protection Agency (EPA). High concentrations of volatile organic compounds, cleaning solvents historically used by machine shops and drycleaners, have been found in many of the wells in Baldwin Park. Water utilities have been able to continue to provide their customers with clean water by shutting down wells in Baldwin Park 2020 General Plan HE -65 Housing Element contaminated areas, installing "wellhead" treatment systems, blending contaminated water with clean water to meet drinking water standards, and obtaining water from neighboring utilizes. The EPA, in conjunction with local agencies, is working on a long - range plan to extract the contaminated water and replace it with treated and cleaner water. Valley County Water District, the main water supplier to Baldwin Park, has not reached their maximum capacity for water production from wells. They have the potential to increase their average production of well water to meet an increase in water demand as a result of new residential development. Wastewater Baldwin Park lies within the service area of Los Angeles County Sanitation District No. 15. Wastewater generated within the City is discharged to local sewer lines maintained by the City for conveyance to the County Sanitation District of Los Angeles County truck sewer network. Wastewater is treated at the San Jose Creek Water Reclamation Plant (SJCWRP) near the City of Whittier, where it is treated and reused as groundwater recharge and irrigation of parks, schools, and greenbelts. Authorities at the Los Angeles County Sanitation District No. 15 consider the trunk system and treatment facilities adequate at the present time. The Los Angeles County Department of Public Works, Sewer Maintenance Division, and the Baldwin Park Engineering Division consider the sewer line system adequate to handle foreseeable future development. Baldwin Park 2020 General Plan HE -66 Housing Element This section analyzes the resources available for the development, rehabilitation, and preservation of housing in Baldwin Park. This includes an evaluation of the availability of land resources, the City's ability to satisfy its share of the region's future housing needs, the financial resources available to support the provision of affordable housing, as well as the administrative resources available to assist in implementing the City's housing programs. "• • • • • • • SCAG has assigned each community a share of the region's projected housing need for tilP 7'1PTiod of 2008'2014 Therefore, a -the 'Housing Period herefore, all important component of -the 'Hol.'lsing ifCHICflt is the identification of land resources and assessment of these sites' ability to meet the J a l .. P .. r„i,;.L •ii I— iCv- C - i-i o—`u A = l i__ rte' - projected ' -" ?ei"g oo .. i� ,.1a n ea :, esidnl�. g.xI.. iii t vacant and underutilized areas of the Multi - Family Residential area (R -3 zone) and within areas designated as Mixed -Use by the General Plan. The following discussion summarizes the residential growth potential in these areas and concludes by demonstrating that these sites can address the City's share of regional housing needs. Regional Housing Needs Allocation (RHNA) California State law requires each city and county to have land zoned to accommodate its fair share of regional housing need. This share for the SCAG region is known as the Regional Housing Needs Allocation, or RHNA. The California Department of Housing and Community Development determined that the projected housing need for the Southern California region (including the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial) is 699,368 new housing units for this Housing Element planning period. SCAG allocated this projected growth to the various cities and unincorporated county areas within the SCAG region, creating the RHNA. The RHNA is divided into four income categories: very low, low, moderate, and above moderate. As determined by SCAG, the City of Baldwin Park's fair share allocation is 744 new housing units during this planning cycle, with the units distributed among the four income categories as shown in Table H -40. The City must demonstrate that its land inventory is sufficient to facilitate and encourage the development of affordable housing that is accessible to a variety of income groups. Baldwin Park 2020 General Plan HE -67 Housing Element Table H -40 Baldwin Park RHNA Income Group % of County MFI RHNA (Housing Units) Percentage of Units Very Low3 0 -50% 185 26% Low 51 -80% 115 16% Moderate 81 -120% 123 17% Above Moderate 120%+ 321 41% Total Low - Income 744 1000/0 Since the RHNA uses January 1, 2006 as the baseline for growth projections for the Housing Element planning period of 2008 to 2014, jurisdictions may count any new units produced since January 1, 2006 toward the RHNA. A portion of the RHNA has already been achieved with housing units constructed, under construction, and approved. Specifically, 211 units have been constructed or approved since January 1, 2006, including 6 low - income units, 3 moderate - income units, 23 second units, and 179 above moderate - income units, which can all be credited against the RHNA. Table H -41 Progress towards RHNA Low- and Moderate - Income Units A number of recent projects have included low- and moderate - income units in exchange for density bonuses. The following projects included affordable units. Conditions of approval include the recording of covenants to ensure maintenance of these affordable units for at least 30 years: • DC Walnut /Kenmore (16 total units; 2 low - income) 3 2000 Census data indicates that 45.7 percent of the City's very low- income population qualifies as extremely low- income, earning less than 30 percent of the MFI. Baldwin Park 2020 General Plan HE -68 Housing Element Units Built and Approved Second Units Approved Second Unit Projection Total RHNA RHNA Balance Above Moderate - Income 179 -- -- 179 321 142 Moderate - Income 3 23 42 68 123 55 Low - Income 6 -- -- 6 115 109 Very low- income -- -- -- 0 185 185 Total 188 23 42 253 1 744 491 Low- and Moderate - Income Units A number of recent projects have included low- and moderate - income units in exchange for density bonuses. The following projects included affordable units. Conditions of approval include the recording of covenants to ensure maintenance of these affordable units for at least 30 years: • DC Walnut /Kenmore (16 total units; 2 low - income) 3 2000 Census data indicates that 45.7 percent of the City's very low- income population qualifies as extremely low- income, earning less than 30 percent of the MFI. Baldwin Park 2020 General Plan HE -68 Housing Element DC Center /Monterey (8 total units; 2 low- income) DC Walnut /Monterey (12 total units; 2 low- income) developments. DC Baldwin Park Boulevard (52 total units; 3 moderate - income). This project received a density bonus in exchange for the affordable units. Second Units Also included in the RHNA credits are 23 second units built or entitled since 2006. These units are anticipated to be affordable to moderate - income households given their comparable size and rent relative to small rental units in Baldwin Park (studios to one - bedroom units). Based on review of rents conducted in March 2008, the median rent for a one - bedroom rental unit in Baldwin Park was $900, with rents ranging from $850 to $1,300. The median rent for a two- bedroom rental was $1,300, with rents ranging from $1,000 to $1,950.4 Apartments renting for less than $989 (for one - person households) and less than $1,250 (for small families) meet the affordability criteria for moderate - income households set forth in Table H -21 of the Community Needs Assessment. Of all one- and two - bedroom units surveyed, more than half meet the affordability criteria for individuals and small families with moderate income. Using this as a baseline, smaller one - bedroom or studio units such as second units will likely fall into the less expensive end of the spectrum. In addition, many second units are often rented to family members at little to no charge. As such, all projected second units are listed here as affordable to moderate - income households. The City projects that during the planning period, approximately 42 second units will be developed (7 per year), as 23 second units were approved between 2006 and 2008. These second units are included as credits consistent with HCD guidelines. With credits from units built, under construction, approved, and proposed since 2006, as well as projections on second units, the allocation of above - moderate income units has been met. A RHNA of 491 housing units remains, including 185 units for very low- income households, 109 units for low - income households, 55 units for moderate - income households, and 142 units for above - moderate income households. Residential Sites Inventory State law requires that jurisdictions demonstrate in the Housing Element that the land inventory is adequate to accommodate that jurisdiction's share of the region's projected growth. This is accomplished through an evaluation of the City's vacant and underutilized residential and mixed -use land. 4 Data collected on March 11, 2008 on Allspaces.com, WestsideRentals .com,4RentInLA.com, ApartmentHunterz.com, Move.com. No studios were identified as for rent during the search. Baldwin Park 2020 General Plan HE -69 Housing Element Baldwin Park is largely built out. The major constraint on residential construction is the lack of developable land and the resultant premium cost of finished units as demand exceeds supply. The inventory of vacant land designated for Multi - Family Residential development totals 1.4 acres. In the Garden Multi - Family Residential zone, there is one contiguous vacant parcel on Pacific Avenue totaling 3.2 acres. Table H -42 Summary of Residential Capacity on Vacant Land Source: Hogle- Ireland, Inc, 2008 Note: Realistic Potential Housing Units were calculated at 80 percent of maximum density As discussed in the Housing Constraints section, the Multi - Family Residential land use category correlates with the R -3 zone in the Zoning Ordinance, and permits densities of up to 20 units per acre. These vacant sites are likely to develop during the planning period, especially due to the limited amount of vacant residential land in the area. Two of the sites located on Ramona Boulevard are adjoining (Figure H -4). These two sites have the potential for lot consolidation and the development of at least 10 units. Assuming development at 80 percent of maximum capacity, together all of the vacant properties located in the R -3 zone have the potential to yield 23 units. The densities that can be achieved in this zone are appropriate to facilitate the production of housing that is affordable to moderate- income households. Opportunities for Intensification Baldwin Park also has a limited number of properties zoned R -3 that could potentially be redeveloped at higher densities These properties encompass over 12 acres, are transitional in nature, and can covert to multi- family residential use without Planning Commission or City Council approval. Infill trends in the City indicate that multi - family developments such as apartment and condominium developments are the most likely residential product to be produced. Recycling to higher- intensity uses is very probable given that the scarcity of land in Baldwin Park. Table H -43 presents a summary of residential capacity on underutilized residential land. A detailed listing of the underutilized properties is included in Appendix B. The City has only identified properties that have the potential for sufficient added capacity to make recycling of land economically feasible. For all properties included in this inventory, realistic capacity (800/o of maximum density) was more than twice the Baldwin Park 2020 General Plan HE -70 Housing Element Realistic Maximum Potential Affordability General Plan Zoning Density Acres Housing Units Level Garden Above - Residential R -G 12 du /ac 3.2 31 Moderate M ulti - Family I R -3 20 du /ac -- ' 1.41 __ 23 Moderate Residential Source: Hogle- Ireland, Inc, 2008 Note: Realistic Potential Housing Units were calculated at 80 percent of maximum density As discussed in the Housing Constraints section, the Multi - Family Residential land use category correlates with the R -3 zone in the Zoning Ordinance, and permits densities of up to 20 units per acre. These vacant sites are likely to develop during the planning period, especially due to the limited amount of vacant residential land in the area. Two of the sites located on Ramona Boulevard are adjoining (Figure H -4). These two sites have the potential for lot consolidation and the development of at least 10 units. Assuming development at 80 percent of maximum capacity, together all of the vacant properties located in the R -3 zone have the potential to yield 23 units. The densities that can be achieved in this zone are appropriate to facilitate the production of housing that is affordable to moderate- income households. Opportunities for Intensification Baldwin Park also has a limited number of properties zoned R -3 that could potentially be redeveloped at higher densities These properties encompass over 12 acres, are transitional in nature, and can covert to multi- family residential use without Planning Commission or City Council approval. Infill trends in the City indicate that multi - family developments such as apartment and condominium developments are the most likely residential product to be produced. Recycling to higher- intensity uses is very probable given that the scarcity of land in Baldwin Park. Table H -43 presents a summary of residential capacity on underutilized residential land. A detailed listing of the underutilized properties is included in Appendix B. The City has only identified properties that have the potential for sufficient added capacity to make recycling of land economically feasible. For all properties included in this inventory, realistic capacity (800/o of maximum density) was more than twice the Baldwin Park 2020 General Plan HE -70 Housing Element number of existing housing units for each parcel. Further, five of the sites involve adjoining parcels, increasing the likelihood of lot consolidation and the development of new housing units. On consolidated lots alone, there is the capacity for 76 new units. Three sites are located in Redevelopment Areas; two of these sites are adjacent to each other (the existing use is residential on both parcels, with a total of 5 units). Together, these two sites have the potential to yield 17 units. One parcel located in the Redevelopment Area is currently used for industrial purposes, but is designated in the General Plan and zoned for residential use. This site has the potential for 31 new dwelling units. See Appendix B for site specific details. The densities that can be achieved in the R -3 areas are appropriate to facilitate the production of housing that is affordable to moderate - income households. The moderately sized properties in this zone consist of a mix of multi - family and single - family units. Recyclable land within the R -3 zone has the capacity to yield 184 units. Table H -43 Summary of Residential Capacity on Underutilized Residential Land Source: Hogle- Ireland, Inc., 2008 Note: Realistic Potential Housing Units were calculated at 80 percent of maximum density Taken together, there is currently a reserve of vacant and underutilized residential land that can accommodate 238 new multi - family units. Mixed -Use Opportunity Areas One of the greatest opportunities for infill development in Baldwin Park is found in areas designated Mixed Use, including the greater downtown area and along North Maine Avenue. The potential for creation of residential units in mixed -use areas is predicated on the interest from developers - expressed to the City - and on the limited opportunities for higher- density development elsewhere in the City or in the immediate surrounding area. Consistent with the Land Use Element, the City encourages residential uses in areas designated as Mixed -Use to support a viable pedestrian district in downtown and along North Maine Avenue. The Land Use Element vision for Mixed -Use consists of both retail and commercial in conjunction with higher- density residential uses. In the Mixed -Use 2 area, either vertically integrated mixed -use projects are allowed, or stand -alone residential or stand -alone neighborhood commercial may be constructed. A density incentive (0.5 increase in FAR) is offered for commercial projects that include a residential component in Mixed -Use areas. Development within the Mixed -Use areas is permitted to achieve densities of 30 units per acre per the General Plan. Baldwin Park 2020 General Plan HE -71 Housing Element Realistic Maximum Existing Potential Affordability General Plan Zoning Density Acres Units Housing Units Level Multi - Family R -3 20 du /ac 12.09 24 184 Moderate Residential Source: Hogle- Ireland, Inc., 2008 Note: Realistic Potential Housing Units were calculated at 80 percent of maximum density Taken together, there is currently a reserve of vacant and underutilized residential land that can accommodate 238 new multi - family units. Mixed -Use Opportunity Areas One of the greatest opportunities for infill development in Baldwin Park is found in areas designated Mixed Use, including the greater downtown area and along North Maine Avenue. The potential for creation of residential units in mixed -use areas is predicated on the interest from developers - expressed to the City - and on the limited opportunities for higher- density development elsewhere in the City or in the immediate surrounding area. Consistent with the Land Use Element, the City encourages residential uses in areas designated as Mixed -Use to support a viable pedestrian district in downtown and along North Maine Avenue. The Land Use Element vision for Mixed -Use consists of both retail and commercial in conjunction with higher- density residential uses. In the Mixed -Use 2 area, either vertically integrated mixed -use projects are allowed, or stand -alone residential or stand -alone neighborhood commercial may be constructed. A density incentive (0.5 increase in FAR) is offered for commercial projects that include a residential component in Mixed -Use areas. Development within the Mixed -Use areas is permitted to achieve densities of 30 units per acre per the General Plan. Baldwin Park 2020 General Plan HE -71 Housing Element Zoning regulations have been tailored to facilitate housing development at these densities. The maximum residential density in the MU -1 zone is 30 dwelling units per acre, with a required minimum lot area of 15,000 square feet. In the MU -2 zone, the maximum residential density is 30 dwelling units per acre on lots with a minimum of 20,000 square feet. Lots less than 20,000 square feet in size have a maximum density of 15 units per acre. These provisions encourage lot consolidation to achieve greater densities. The sites inventory analysis identified 11 mixed -use sites with the potential combined capacity for 464 units (Table H -44). Figure H -4 indicates the location of all sites identified in this Housing Element, and a detailed listing of parcels is included in Appendix B. Due to the density at which the Mixed -Use sites are available, the potential units are counted toward the lower- income categories for the RHNA, consistent with State law. Table H -44 Mixed -Use Opportunity Areas Area General Plan Zoning Maximum Residential Density Acres Parcels Existing Housing Units Potential Housing Units Affordability Level Site A Mixed Use MU -2 30 du /acre 2.52 7 1 61 Lower Site B Mixed Use MU -2 30 du /acre 0.75 4 1 18 Lower Site C I Mixed Use MU -2 30 du /acre 0.91 3 2 22 Lower Site D Mixed Use MU -2 30 du /acre 0.64 2 0 15 Lower Site E Mixed Use MU -2 30 du /acre 2.80 6 0 68 Lower Site F Mixed Use MU -2 30 du /acre 0.74 4 2 17 Lower Site G Mixed Use MU -1 30 du /acre 6.43 1 0 154 Lower Site H Mixed Use MU -1 30 du /acre 2.05 8 2 49 Lower Site I Mixed Use MU -1 30 du /acre 1.08 8 1 24 Lower Site J Mixed Use MU -1 30 du /acre 1.53 8 0 36 Lower Site K Mixed Use MU -1 30 du /acre 13.34 15 0 370 Lower Total 32.79 66 9 834 Source: Hogle- Ireland, Inc., 2008 Notes: 1. Realistic Potential Housing Units were calculated at 80 percent of maximum density 2. All sites chosen involve more than 0.5 acres, some with lot consolidation of underutilized parcels 3. All sites chosen yield at least two times the number of existing units on site. Baldwin Park 2020 General Plan HE -72 Housing Element tli m �o �° This page intentionally left blank. Baldwin Park 2020 General Plan HE -74 Housing Element For several years, the City has entertained the idea of crafting a master plan for the downtown area. The primary objective in creating a master plan or specific plan was to have a comprehensive, coordinated approach to addressing physical and economic blight in downtown, and to reinvent downtown as a mixed -use pedestrian and transit - oriented urban village. To pursue this vision, the City entered into an exclusive negotiating agreement with a developer, but the significant national economic downturn that began in late 2007 caused the developer to withdraw from the process. Nonetheless, the City will continue to pursue the vision and absent a specific plan in the near term, the City applied the Mixed Use 1 (MU -1) zone district to downtown properties. The MU -1 zone allows individual property owners to construct new residential or mixed -use projects at densities up to 30 units per acre (or higher using a density bonus). If economic conditions improve during this Housing Element cycle, the City will reinitiate the specific plan /master plan process. Currently, sites within the Mixed -Use opportunity areas contain low- scale, aging 'iiiii�P'^ri. -� - `-r- �__'___-roc� ,.i ran _,___�11 � _L _- _� - ,i, l r�t�,vtt _. _-s %VXJ, ' f l.v l�.i• 1 Jli u�i..- i,ui�. L111�.L a small 1u1.114Jer of reoidelldal uVVelhng units. V 11111. 11103L Vl these parcels are separately owned and the development intentions of each specific landowner are unknown, the City maintains a vision for Baldwin Park with a mixed -use, vibrant, pedestrian district in downtown and on North Maine Avenue. In order to implement this vision, the City has adopted new zoning standards for these areas, intended to facilitate higher density residential developments associated with complementary commercial uses. The sites chosen are significantly underutilized given their size and location. In addition, new mixed -use development in the downtown will serve as a catalyst for more intense development in surrounding area. As market forces continue to push toward higher densities, recycling of underutilized land is expected to occur at an increasing rate. If the trend continues, the City can anticipate increased recycling of land, particularly in higher- density areas (designated Mixed -Use) where economies of scale can be realized. See Appendix C for a detailed analysis of Mixed -Use sites. Many of the residential and mixed -use sites chosen are contiguous parcels and provide opportunities for lot consolidation. The General Plan Land Use Element includes several policies to encourage lot consolidation and reuse of existing properties in the Mixed -Use areas to facilitate integration of residential and commercial uses. Since 2000, a number of projects have joined contiguous parcels as part of project development, many of which included affordable housing components, as indicated in Table H -45. The City's history of approvals listed in Table H -45 demonstrates that there is developer interest in consolidating parcels in the City, and that Baldwin Park has few constraints to lot consolidation associated with new projects. The Mixed -Use Opportunity areas listed in Table H -44 include a number of adjacent parcels to provide opportunities for lot consolidation. Because the City recognizes the Baldwin Park 2020 General Plan HE -75 Housing Element potential difficulties that may be associated with lot consolidations involving multiple property owners, more than adequate sites have been identified. Underutilized sites may be parceled together to provide the most appropriate developments. A tool to further incentivize lot consolidation is known as "graduated density zoning." This tool offers increased density based on the size of the site, thereby encouraging owners of adjoining properties to collaborate in development or to package parcels for sale. The City of Baldwin Park's revised Zoning Ordinance includes this provision for the MU -2 zone. In MU -2, sites of less than 15,000 square feet may develop up to a density of 15 du /acre, while those over 15,000 square feet may develop at 30 du /acre. This incentive has proven extremely effective in other Southern California jurisdictions, such as Simi Valley and Alhambra. Table H -45 vam.ple Mistonf of Lot 'Consvlidaiive ®$ Source: Baldwin Park., 2008 To encourage and facilitate the development, redevelopment, restoration, and intensification of the high- density residential and mixed -use within areas designated Mixed -Use in the General Plan, the City is in the process of amending the Zoning Ordinance (to be adopted prior to Housing Element adoption), including amendments to ensure that the development standards, incentives, and the overall vision for mixed -use in Baldwin Park is incorporated and furthered through appropriate development standards. Baldwin Park 2020 General Plan HE -76 Housing Element j Total t'lallning Affordable Total Square Commission Project Name /Address Zoning Total Units Units Lots Footage Approval Date Specific 71 attached 71 units 13022 -62 Ramona Blvd. Plan units (low) 8 120,245 August 4,1999 12800 -12806 Dalewood St. Specific 34 detached 3 units 3 159,429 June 4, 2001 Plan units (moderate) 14700 -14728 Badillo St. Specific 36 detached 7 units 2 146,730 March 28, 2001 Plan units (moderate) 3722 -3736 Merced Ave. PD (RG) 16 detached 2 units 3 61,803 October 9, 2002 units (moderate) 3714 -3728 Maine Ave. PD (R -1) 17 detached 1 unit 3 81,170 October 23, 2002 units (moderate) 4751 Center St. PD (R -1) 10 detached 2 units 2 54,542 April 23, 2003 units (low) 3940 -3948 Walnut St. PD (R -I) 16 detached 2 units 5 66,528 July 27, 2005 units (low) 4229 -4294 Walnut St. PD (R -1) 12 detached 2 units 2 55,074 August 24, 2005 units (low) 3427 -3421 Baldwin Park Specific 53 attached 3 units Blvd. Plan units (moderate) 3 117,845 May 14, 2008 Source: Baldwin Park., 2008 To encourage and facilitate the development, redevelopment, restoration, and intensification of the high- density residential and mixed -use within areas designated Mixed -Use in the General Plan, the City is in the process of amending the Zoning Ordinance (to be adopted prior to Housing Element adoption), including amendments to ensure that the development standards, incentives, and the overall vision for mixed -use in Baldwin Park is incorporated and furthered through appropriate development standards. Baldwin Park 2020 General Plan HE -76 Housing Element Realistic Capacity Consistent with HCD Guidelines, methodology for determining realistic capacity on each identified sites must account for land -use controls and site improvements. The Baldwin Park Sites Inventory utilized a conservative estimate of 80 percent of maximum development to demonstrate realistic capacity for development. However, most recent projects have achieved densities very near actual maximum densities, and many have exceeded maximums due to the use of density bonuses in exchange for the provision of affordable housing. Table H -46 outlines the results of a survey of six projects approved since 2000. Table H -46 Sample History of Realistic Capacity Notes: 1. Permitted Density refers to the permitted density per Zoning Ordinance and General Plan. Projects that were approved at densities above these permitted densities were approved in conjunction with density bonuses. 2. The Specific Plan included a zone change, which allowed a higher density on this site. Prior to rezoning, the site was Residential Garden, permitting densities of 12 units per acre. 3. The Specific Plan included a zone change on the majority of the parcels from C -2 and R -1 to residential. One parcel was R -3 prior to the zone change. Most projects achieved densities above maximum permitted limits through the use of Planned Development Permits and density bonuses. Only one project surveyed resulted in development at less than permitted maximum density, at 94 percent of maximum density. In addition, the survey also revealed one successful project that indicates the feasibility of development of both affordable housing and high- density housing in Baldwin Park. A 71 -unit very low- and low- income housing project, approved by Planning Commission in 1999 and completed in 2001, achieved a density of 25.7 units per acre. Based on development history in Baldwin Park, the assumption that new development may occur at 80 percent of maximum density (i.e. 16 units per acre in R -3 areas and 24 units per acre in Mixed -Use areas) represents a conservative estimate. However, because the City has approved a limited number of mixed -use projects and is relying on Mixed - Use for many of the sites, this conservative estimate was used for capacity analysis in this Housing Element. Both "vertical" and "horizontal" mixed -use development may occur in Mixed -Use areas, although the housing portion of mixed -use is not allowed at Baldwin Park 2020 General Plan HE -77 Housing Element Approval Total Permitted Actual Project Name /Address Date Zoning Units Density (1) Density I Difference 3427 -3421 Baldwin 2008 Specific Plan 53 12 du /ac (2) 19.26 du /ac -60% Park Blvd. 4229 -4294 Walnut St. 2005 PD (R -1) 12 8.7 du /ac 9.5 du /ac + 90/0 13356 -13358 Ramona 2003 R -G 10 12 du /ac 14.9 du /ac + 24% Boulevard 3714 -3728 Maine Ave. 2002 PD (R -1) 17 8.7 du /ac 9.14 du /ac +5% 3722 -3736 Merced Ave. 2002 PD (RG) 16 12 du /ac 11.3 du /ac -6% 13022 -62 Ramona Blvd. 1999 Specific Plan 71 20 du /ac (3) 25.7 +28.5% Notes: 1. Permitted Density refers to the permitted density per Zoning Ordinance and General Plan. Projects that were approved at densities above these permitted densities were approved in conjunction with density bonuses. 2. The Specific Plan included a zone change, which allowed a higher density on this site. Prior to rezoning, the site was Residential Garden, permitting densities of 12 units per acre. 3. The Specific Plan included a zone change on the majority of the parcels from C -2 and R -1 to residential. One parcel was R -3 prior to the zone change. Most projects achieved densities above maximum permitted limits through the use of Planned Development Permits and density bonuses. Only one project surveyed resulted in development at less than permitted maximum density, at 94 percent of maximum density. In addition, the survey also revealed one successful project that indicates the feasibility of development of both affordable housing and high- density housing in Baldwin Park. A 71 -unit very low- and low- income housing project, approved by Planning Commission in 1999 and completed in 2001, achieved a density of 25.7 units per acre. Based on development history in Baldwin Park, the assumption that new development may occur at 80 percent of maximum density (i.e. 16 units per acre in R -3 areas and 24 units per acre in Mixed -Use areas) represents a conservative estimate. However, because the City has approved a limited number of mixed -use projects and is relying on Mixed - Use for many of the sites, this conservative estimate was used for capacity analysis in this Housing Element. Both "vertical" and "horizontal" mixed -use development may occur in Mixed -Use areas, although the housing portion of mixed -use is not allowed at Baldwin Park 2020 General Plan HE -77 Housing Element intersection corners. The City has crafted the mixed -use standards so that maximum densities may be achieved through increased heights, decreased set -back requirements, and the potential for horizontal mixed -use. Baldwin Park's mixed -use areas do allow projects that do not include a residential component. However, incentives are in place in the General Plan and Zoning Ordinance to encourage the inclusion of residential uses in new developments. Specifically, the General Plan and Zoning Ordinance provide an FAR incentive in mixed -use areas: if residential uses are included, the permitted FAR for the commercial component is 2.0 rather than 1.5 for stand -alone commercial developments. In order to account for the extent to which uses other than residential are allowed in mixed -use areas, more than twice as many sites were identified in the 2008 -2014 Housing Element than were required to meet the RHNA (see Table H -47). The sites ident'if'ied represent the most realistic opportunities for redevelopment with residential uses, due to their underutilized nature and location near transit and services. In addition, t o 1 F s-„1., 1 1 r n 1 ' h Lnese situ on. represent approxiiiiaLuy tvdo -birds or ari imixeu-use areas in rile f-4--, i. t�s such, there are ample available opportunities for residential, mixed -use, and commercial development within Baldwin Park's mixed -use areas. Availability of Infrastructure and Services All residential and mixed -use sites identified in the inventory are located within urbanized areas, where infrastructure and public services are readily available. Public services and facilities are available to adequately serve all of the potential housing sites. Lateral water and sewer lines would be extended onto the properties from the adjoining public rights -of -way as development occurs. Any missing public improvements (e.g. curbs, gutters, sidewalks, etc.) along property frontages would also be constructed at that time. Site specific constraints are listed in the Sites Inventory Table, located in Appendix B. Comparison of Sites Inventory and RHNA Combined, the underutilized residential areas and the opportunity sites identified in the Mixed -Use areas have the potential to accommodate 649 residential. As Table H -47 indicates, these sites and the densities allowed will provide opportunities to achieve remaining RHNA goals for all income categories. The City has identified sites in Mixed -Use areas for 834 residential units and sites in underutilized and vacant residential areas to accommodate 238 units. Together these sites meet over 200 percent of the remaining RHNA. This surplus of units ensures that even if a fraction of the sites are developed, they will meet the City's remaining identified need for the planning period. Baldwin Park 2020 General Plan HE -78 Housing Element Table H -47 Comparison of Sites Inventory and RHNA Income Category Remaining RHNA after Credits Vacant Residential Sites Underutilized Residential MXU Sites Remaining RHNA Very Low 185 -- -- 417 0 Low 109 -- -- 417 0 Moderate 58 23 184 -- 0 Above Moderate 142 31 -- -- 0 Total Units 491 54 184 t 834 0 Source: Hogle- Ireland, Inc., 2008 Note: Realistic Potential Housing Units were calculated at 80 percent of maximum density The opportunity areas identified involve sites that can realistically be redeveloped with S'eC ,,t -4sl 7N 7Nrin:'� +aYi ice'- 7'Svrir� . S 1 r�� vu. use areas die coii0iuereu iiigiiiy Iricly iv experience recycling for two key reasons: 1) the high demand for more affordable housing throughout Los Angeles County, and 2) the availability of underutilized land in areas recently designated for mixed -use, with the potential for high- density residential development. The sites chosen are significantly underutilized given their size and location. In addition, the proposed new mixed -use development downtown will serve as a catalyst for more intense development in the surrounding neighborhoods. As market forces continue to push toward higher densities, recycling of underutilized land is expected to occur at an increasing rate. If the trend continues, the City can anticipate increased recycling of land, particularly in higher- density areas where economies of scale can be realized. Administrative and Financial Resources One of the major factors to consider in formulating programs to preserve affordable multi - family housing is whether sufficient resources exist. Specifically, it is important to examine the availability and adequacy of the financial and institutional resources to support such programs. The following provides an overview of financial and administrative resources available for preserving and creating new assisted multi- family units. Financial Resources Through the federal Community Development Block Grant Program (CDBG), HUD provides funds to local governments for a wide range of community development activities. These funds can be used for the acquisition or construction of affordable housing units, rehabilitation through a non - profit organization for housing, homebuyer assistance, rental assistance, and public service activities. Baldwin Park receives Baldwin Park 2020 General Plan HE -79 Housing Element approximately $1.5 million annually in CDBG funds which are currently committed to a variety of housing and community development programs. Another source of federal funds is available under the HOME (Home Investment Partnership) program. These funds can be used to assist tenants or homeowners through acquisition, construction, reconstruction, or the rehabilitation of affordable housing. A federal priority for use of these funds is preservation of the at-risk housing stock. Baldwin Park receives approximately $500,000 annually in HOME funds. Redevelopment Housing Set-Aside The Baldwin Park Redevelopment Agency manages six project areas. -Twenty percent of Agency F - -.1 the tax increment generated from these project areas is set aside for affordable housing pmzrams and rrojects. The AQencv -uses its housing set-aside funds to urovide affordable housing opportunities to Baldwin Park residents. The Agency generates approximately $1 million in annual redevelopment set-aside funds. The 2005-2009 Redevelopment Implementation Plan estimates deposits totaling over $24 million through 2036 (Table H-48). Table H-48 Projected Low- and Moderate-income Housing Fund Deposits Year Annual Deposit Cumulative Deposit 2004 $977,000 $977,000 2005 $1,008,425 $1,985,425 2006 $1,012,242 $2,997,667 2007 $1,016,353 $4,014,020 2008 $1,021,538 $5,035,558 2009 $1,002,153 $6,037,711 2010 $983,189 $7,020,900 2011 $964,635 $7,985,535 2012 $946,483 $8,932,018 2013 $928,720 $9,860,738 2014-2023 $8,389,459 $18,250,197 .2024-2036 $6,550,950 $24,801,1471 Source: RDA Implementation Plan 2005-2009 Goals and objectives of the Redevelopment Agency's supporting the development of new residential housing Boulevard and on both sides of Maine Avenue, and supporting residential uses in the downtown area. Implementation Plan include on the north side of Ramona facilitating construction of Baldwin Park 2020 General Plan HE-80 Housing Element Consistent with past expenditures of Low- and Moderate - Income Housing Fund Deposits, Baldwin Park anticipates continuing to direct resources towards the First - Time Homebuyer program and the Housing Improvement Rehabilitation Program, and to assist developers in the construction of new affordable housing. HUD Mark -to- Market Under the HUD program Mark -to- Market, the primary method for reducing spending while preserving assisted housing is through the technique of reducing the debt service and the subsidy levels on eligible properties. Restructuring occurs through a negotiated process of setting new market rents and corresponding debt and subsidy levels before or at contract expiration. Funding for this program is authorized by the U.S. Congress through September 30, 2011. HUD Section 811 Section 811 provides funding to nonprofit organizations to develop rental housing with the availability of supportive services for very low - income adults with disabilities, and provides rent subsidies for projects to help make them affordable to residents. HUD Section 202 Through the Section 202 program, HUD provides capital advances to finance the construction, rehabilitation or acquisition with or without rehabilitation of structures that will serve as supportive housing for very low- income elderly persons, including the frail elderly, and provides rent subsidies for projects to help make them affordable. This program helps expand the supply of affordable housing with supportive services for the elderly. It provides very low- income elderly with options that allow them to live independently but in an environment that provides support activities such as cleaning, cooking, and transportation. The TELACU Las Palomas affordable housing project, completed in 2001, was funded with Section 202. Low Income Housing Tax Credits The Low Income Housing Tax Credit (LIHTC or Tax Credit) program provides each state with a tax credit of $1.25 per person that it can allocate towards funding housing that meets program guidelines. These tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. The approval process to receive LIHTCs is very competitive in California. Villa Ramona, a 71- unit affordable housing project, was developed with LIHTCs in 2004. Section 8 Housing Choice Vouchers The Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher Program, which extends rental subsidies to very low - income households. The subsidy represents the difference between the excess of 30 percent of the recipient's monthly Baldwin Park 2020 General Plan HE -81 Housing Element income and the cost of the housing unit. As of February 2008, 715 households received housing choice vouchers under the HUD Section 8 program, and 3,309 applicants were on the waiting list. Administrative Resources Agencies with administrative capacity to implement programs contained in the Housing Element include the public agencies and departments within the City of Baldwin Park and local and national non-profit private developers. City of Baldwin Park Community Development Department The Community Development Department oversees the divisions of Redevelopment, Economic Development, Planning, Housing, Building and Safety, and Code Enforcement to Dromote economic development and maintain a livable community. The department's efforts in carrying out a wide range of community development activities are directed towards commercial revitalization, ensuring high-quality development and building, creation of jobs, and maintaining strong neighborhoods. The Planning Division of Community Development Department is responsible for meeting the community's current and future land use, urban design, economic, transportation and housing needs by updating and maintaining the City's General Plan and Zoning Ordinance, and utilizing these documents as guidelines for the development of policies and programs. In addition, the Planning Division will be responsible for tracking the number and affordability of new housing units that will be built during this planning period. The Code Enforcement Division is responsible for responding to code violations for substandard housing issues. Compliance is accomplished by cooperation and educating the public, treating all residents with courtesy and respect and by prosecuting all major violators. Baldwin Park Housing Authority The Baldwin Park Housing Authority is responsible for preserving, increasing, and improving the supply of affordable housing in the community. This is accomplished through administration of the Section 8 Housing Choice Voucher Program. The Department also manages the City's 12-unit public housing project, and works with developers to create new affordable housing opportunities for low income households. Baldwin Park Redevelopment Agency The Baldwin Park Redevelopment Agency was established to pursue the elimination of physical and economic blight in designated Redevelopment Project Areas and to assist in the preservation, construction, and rehabilitation of affordable housing. The Agency has six project areas: the San Gabriel River Redevelopment Project Area, Puente/Merced Redevelopment Project Area, West Ramona Redevelopment Project Area, Central Business District Redevelopment Project Area, Delta Redevelopment Project Area, and Sierra Vista Redevelopment Project Area. Baldwin Park 2020 General Plan HE-82 Housing Element Affordable Housing Developers An alternative to providing subsidies to existing owners to keep units available as affordable housing is for public or nonprofit agencies to acquire or construct housing units that would replace at -risk units lost to conversion to market rates. Described below are agencies that can serve as resources in the implementation of housing activities in Baldwin Park and Los Angeles County. National CORE National Community Renaissance (National CORE) is the new name for the combined group of companies that includes National Community Renaissance of California (formerly Southern California Housing Development Corporation), National Community Renaissance Development Corporation (formerly National Housing Development Corporation), and the Hope Through Housing Foundation. This combined agency develops, manages, and provides supportive services to 76 affordable housing communities nationwide. The East Los Angeles Community Union (TELACU) TELACU is a non - profit community development corporation founded in 1968. The non- profit is self- sustained by TELACU Industries, a for - profit family of companies which provides the economic means to fulfill TELACU's mission. TELACU builds, owns and manages affordable housing in cities throughout Southern California, including Alhambra, Baldwin Park, Hawthorne, Los Angeles, Montebello, Monterey Park, Moreno Valley, National City, Pasadena, Pacoima and Whittier. Two TELACU developments are located in Baldwin Park, TELACU Las Palomas (75 senior affordable units) and TELACU Senior Complex (74 senior affordable units). Thomas Safran & Associates Thomas Safran & Associates owns and manages over 3,000 units of affordable rental housing in California. This organization specializes in developing multi - family and senior housing projects, many of which have won awards from prestigious organizations. In Baldwin Park, Thomas Safran & Associates developed the Villa Ramona senior and family affordable project in 2004. Residential energy costs can impact the affordability of housing in that increasing utility costs decrease the amount of income available for rents or mortgage payments. Baldwin Park has many opportunities to directly affect energy use within its jurisdiction. Title 24 of the California Administrative Code sets forth mandatory energy standards for new housing development, and requires adoption of an "energy budget." There are a variety of ways to meet these energy standards. The home building industry must comply with these standards, while localities are responsible for enforcing the energy conservation Baldwin Park 2020 General Plan HE -83 Housing Element regulations. Some additional opportunities for energy conservation include various passive design techniques. Baldwin Park updated its General Plan in 2002 and included a variety of measures that will increase energy conservation opportunities. For example, the Open Space and Conservation Element includes policies to: Encourage innovative building designs that conserve and minimize energy consumption; and Encourage the residential and business community to install energy- saving features and appliances in existing structures. In addition, the Land Use Element introduces a new mixed -use land use designation, which supports compact urban development and reduced automobile usage through the collibination of multiple land uses in one location. The City s downtown Metrolink station provides opportunities, as indicated in the General Plan, for transit- oriented UC Jelopinuit and the facilitation of a pedestrian district. Me Circulation dement sets goals and policies to accommodate and support alternative modes of transportation, including public transportation and bicycles, and to facilitate pedestrian movement. Each of these measures can contribute to a cumulative reduction in energy consumption in Baldwin Park. Utility companies serving Baldwin Park also offer programs to promote the efficient use of energy and assist lower- income customers. Southern California Edison (SCE) offers a variety of energy conservation services as part of its Customer Assistance Programs (CAP). The Energy Assistance Fund helps income- qualified residential customers facing financial hardship to manage their electricity bills. These services are designed to help low - income households, senior citizens, permanently disabled, and non - English speaking customers control their energy use. The 2007 Residential Multifamily Energy Efficiency Rebate Program offers property owners and managers incentives on a broad list of energy efficiency improvements in lighting, HVAC, insulation, and window categories. These improvements are to be used to retrofit existing multi - family properties of two or more units. Additionally, the Southern California Gas Company offers various rebate programs for energy- efficient appliances and makes available to residents energy efficient kits at no cost. The Gas Company also offers no -cost weatherization and furnace repair or replacement services for qualified limited- income customers. The Comprehensive Mobile Home Program provides qualifying mobile home customers with no -cost energy conservation evaluations, installations of low -flow showerheads and faucet aerators, and gas energy efficiency improvements, such as duct testing and sealing of HVAC systems. The Designed for Comfort program provides energy efficiency design assistance, training, and incentives for housing authorities and owners of multi- family affordable and supportive housing projects (which offer homes to persons with special needs). Baldwin Park 2020 General Plan HE -84 Housing Element Evaluation of Accomplishments I for Prior Adopted Housing Elemen State Housing Element law requires communities to assess the achievements under adopted housing programs as part of the update to their housing elements. These results should be quantified if possible (e.g. rehabilitation results), but may be qualitative where necessary (e.g. mitigation of governmental constraints). These results then need to be compared with what was projected or planned. Where significant shortfalls exist between planning projections and actual achievements, the reason for such discrepancies must be discussed. The evaluation helps a jurisdiction identify the extent to which adopted programs have been successful in achieving stated objectives and addressing local needs, and how such programs continue to be relevant in addressing current and future housing needs. The evaluation provides the basis for recommended modifications to policies and programs in the updated element, and provides meaningful guidance for establishing new objectives. This section summarizes Baldwin Park's accomplishments toward implementing the 2000 -2005 Housing Element (extended by legislation to cover through June 30, 2008). Table H -49 summarizes the quantified objectives contained in the City's 2000 Housing Element and evaluates the progress toward fulfilling these objectives. A program -by- program review is presented in Table H -50. Table H -49 Summary of 2000 Quantified Objectives and Progress Baldwin Park 2020 General Plan HE -85 Housing Element Income Level Very Low Low Moderate Above Moderate Total Construction Objectives (RHNA) Goal 119 81 100 175 475 Progress 105 (88 %) 80 (99 %) 1 17 (17 %) 420 (240 %) 622 (131 0/6) Single - Family Rehabilitation Objectives Goal Sol 1001 1 1 180 Progress I 83 (46 %) - 1 83(460/0) Homeownership Assistance Objective Goal 5 29 16 - 50 FTH13 Progress 0(00/0) 32(710/.) 86(1720/o) MCC Progress 54 (120 %) - At -Risk Preservation Objectives Goal 174 - 174 Progress 174 (100 %) - d 174 (100 %) Baldwin Park 2020 General Plan HE -85 Housing Element For the last Housing Element cycle, the City was assigned a RHNA of 475 for the period of January 1, 1998 through June 30, 2005. Of these 475 units, 119 units were allocated to be affordable to very low - income households, 81 units to low - income households, 100 units to moderate - income households, and 175 units to upper- income households. The 2000 Housing Element was found to be in compliance by the State in 2003. The Element demonstrated that the City had adequate zoning and sites to meet its 1998 -2005 RHNA of 475. Baldwin Park maintained adequate sites within existing land use policy to facilitate the development of additional housing units. Based upon a review of Building Department records, between 1998 and 2005, 131 percent of the regional housing construction needs were met, though some of the income category goals were not achieved. A number of affordable housing projects were completed during the 1998 -2005 planning period, resulting in 2U2 new 'lower- income units. Major projects which contributed to the increase in affordable units included the TELACU Las Palomas and Villa Ramona projects. The TELACU Las Palomas project was built in 2001, and includes 75 apartments. The complex is owned by the East Los Angeles Community Union and was financed through HUD's Section 202 program, which offers direct loans to agencies that develop housing for the elderly and disabled. In return, low - income use restrictions on the project are secured for the full 40 -year mortgage term due in 2041. Villa Ramona is a 71 -unit affordable housing development by Thomas Safran & Associates. Completed during May 2004, the complex is a mix of senior and family units affordable to low - income (40 units) and very low- income (31 units) households. The project is located between Francisquito Avenue and Corak Street, on the south side of Ramona Boulevard. A number of other projects incorporate affordable units, providing mixed - income developments in Baldwin Park. This form of affordable housing avoids a concentration of poverty and provides social benefits for all residents. For example, the following projects received financial assistance or density bonuses from the City in exchange for affordability covenants: ■ 4430 Phelan /14745 Los Angeles St.: 9 total units (5 low- income units) ■ 3312 Big Dalton /14421 Merced Ave.: 14 total units (8 low- income units) ■ 14125 -14141 Merced: Ave.: 20 units (16 low - income units) ■ 4902 -4922 Bleecker St.: 11 total units (2 low- income units) ■ 14700 -14728 Ramona Blvd.: 36 total units (7 moderate - income units) ■ 12806 -12828 Dalewood St.: 34 total units (3 moderate - income units) ■ 3722 -3738 Merced Ave.: 16 total units (2 moderate - income units) ■ 3716 -3728 Maine Ave.: 17 total units (1 moderate - income unit) ■ 4725 Center St.: 10 total units (2 low- income units) ■ 13350 -13360 Ramona Blvd.: 10 total units (2 low - income units) The City has residential rehabilitation programs in place for both single- and multi- family housing. Baldwin Park offers low- interest, deferred rehabilitation loans to low - income owner households for needed repairs and maintenance. Since 2000, the City has Baldwin Park 2020 General Plan HE -86 Housing Element provided 51 rehabilitation loans and 32 grants to homeowners utilizing HOME, CDBG, and Redevelopment Set -Aside funds. Using CDBG and Redevelopment Set -Aside funds, the City offered low- interest loans and grants to multi -unit developments for rehabilitation and repairs through the Multi - Family Rehabilitation Program. During the 2000 -2008 planning cycle, the City assisted in the rehabilitation of 75 affordable units located at the TELACU Senior Complex. Increasing homeownership is another important City goal. Between 2000 and 2008, the City assisted 32 households in the purchase of their first homes. Rising home prices decreased the number of participants able to participate in this program from the 50 projected to 32 households. However, many households were also able to participate in the County's Mortgage Credit Certificate program (52 households), providing another source for first -time homebuyers to enter into homeownership in Baldwin Park. 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O R d' Ol W r- c� c3 0 N O N ccS w a u O v C v� --U o v A O v 6 u Q � O O 71 Qa4 a bQ '� -C O p t q q O O 4•+ .¢+ in, u v Q w bQ bq O bC •^C+ W y W wc6 > nn c5 .� •� u u•�rD,� C h rC v N v w u sU <C u _ u n ^� UOCUH bArw rz O u cd f'- c It oN bQa bq ' � bAO +•' (n ct F1 Cl$ y 5 U p Cr bC O O O ,t, tc cz O p ,9. v v v .CG -rz � o � � v %2L4 In, 00 cn p •cC c3 c 0 � c r v 'U V bq ° r.- -5 e U v bq v v c bq o bA v bc 104 7; 3 � v � ces s-� •� � 0 Gt Q u O w w u U W bfJ r. O R d' Ol W r- c� c3 0 N O N ccS w IMMMM The goals and polices contained in the Housing Element address Baldwin Park's identified housing needs and are implemented through a series of housing programs offered through City departments, the Redevelopment Agency, and the Housing Authority. Housing programs define the specific actions the City will undertake to achieve specific goals and policies. According to Section 65583 of the Government Code, Baldwin Park must make adequate provision for the housing needs of all income levels by identify programs to do all of the following: A) Conserve the existing affordable housing stock; B) Assist in the development of affordable housing; C) Provide adequate sites to achieve a variety and diversity of housing; D) Remove governmental constraints as necessary; and E) Promote equal housing practices Baldwin Park's housing plan for addressing unmet needs, removing constraints, and achieving quantitative objectives is described in this section according to the above five areas. The housing programs introduced on the following pages include programs that are currently in operation and new programs which have been added to address the City's unmet housing needs and changes to State laws. Quantified objectives identified in particular programs are estimates of assistance the City will be able to offer, subject to available financial and administrative resources. Baldwin Park 2020 General Plan HE -95 Housing Element A. Conserving the Existing Affordable Housing Stock Preserving the existing housing stock in Baldwin Park is a top priority for the City, and maintaining the City's older neighborhoods is vital to conserving the overall quality of housing in the community. The City supports neighborhood preservation through code enforcement and housing rehabilitation programs, as well as first -time homebuyer programs aimed at improving neighborhood stability and pride. In addition to maintaining the existing housing stock, Baldwin Park must also conserve affordable units in the community, including the preservation of assisted housing and rental subsidies. Goal 1.0 Maintain and improve the quality of existing housing and residential neighborhoods. Policy 1.1 Encourage the ongoing maintenance and repair of owner - occupied and rental housing to prevent deterioration of housing in the City. Policy 1.2 Promote the rehabilitation of substandard and deteriorating housing in areas designated for long term residential use. Promote efforts to remove substandard units which cannot be rehabilitated. Policy 1.3 Provide focused code enforcement and rehabilitation efforts in targeted neighborhoods to achieve substantive neighborhood improvements. Policy 1.4 Work to alleviate unit overcrowding by encouraging owners to add bedrooms, baths, and additional living areas in existing homes. Offer financial assistance for room additions to income - qualified households. Policy 1.5 Work to alleviate illegal conversions of garages and patios through code enforcement, supported by rehabilitation assistance. Policy 1.6 Cooperate with non - profit housing providers in the acquisition, rehabilitation, and maintenance of older apartment complexes as long- term affordable housing. Policy 1.7 Preserve low - income housing in the City at risk of converting to market rate by monitoring the status of pre - payment eligible projects and identifying financial and organizational resources available to preserve these units. Baldwin Park 2020 General Plan HE -96 Housing Element This program is a continuation of a CDBG code enforcement program and works in conjunction with the low- interest Rehabilitation Loan Program and Street Improvements Program. Deterioration and blight can be significant problems in low - income areas. Code enforcement is essential to ensuring housing conservation and rehabilitation. The City's Community Improvement Program is both proactive and reactive; concentrating efforts on reducing blighted conditions on major thoroughfares and in commercial, industrial, and residential areas. Objectives: • Continue to provide proactive code enforcement activities to maintain and improve housing and neighborhood conditions, qualities, .standards and property values. • Concentrate efforts on removing blighted conditions from specific areas, such as areas north of Ramona near Maine Avenue and in the southwestern section near the freeways, through the enforcement of existing building codes. Timeframe: Ongoing Responsible Agency: Community Development Department, Code Enforcement Division Funding Sources: Departmental Budget; CDBG funds Program 2: Home Improvement Residential Program (HIRP) The goal of this program is to offer residents an opportunity to live in a safe environment by offering rehabilitation assistance to low- and moderate- income single - family households. Three programs are included under the Housing Improvement Residential Program, which provide amortized loans, deferred loans, and grants. The Amortized Loan Program provides for substantial rehabilitation to very low -, low -, and moderate income households through loans of up to $35,000 at a 3% interest rate. The Deferred Loan Program provides loans up to $35,000 (at a 1% interest rate) for substantial rehabilitation to very low- and low- income households, seniors, and handicapped or disabled residents. The Residential Rehabilitation Grants provides grants of up to $5,000 to seniors, disabled, and very -low income households. Staff is considering that the grants be increased to $10,000. Objectives: ■ Rehabilitate owner - occupied housing units to remove substandard conditions. ■ Provide low interest and deferred loans and grants to lower- income families, with a goal of providing assistance to 25 households per year, providing assistance to a total of 150 households during the 2008 -2014 planning cycle. Baldwin Park 2020 General Plan HE -97 Housing Element • Continue to provide assistance through HIRP for the construction of bedroom additions to ameliorate overcrowding conditions. Continue to provide assistance through HIRP for home improvements that provide access and safety for disabled residents. • Continue to provide information on HIRP at public counters and on the City's website. Encourage use of the program to eligible residents who visit the planning department for permits or technical assistance on other types of renovations or remodels. Timeframe: Ongoing Responsible Agency: Community Development Department, Housing Division Funding Sources: CDBG; HOME, CalHOME, Redevelopment Housing Set -Aside dA94 "0 The goal of this program is to improve the City's multifamily rental housing stock while contributing to safe, decent, and sanitary living environments. This program focuses on investor -owned multi - family rental properties that can be renovated at a modest price. Amortized loans at 30/o interest rates are provided contingent on the property owner maintaining 51% of the rental units affordable for the life of the 20 -year loan. Objectives: • Redesign and remarket the Rental Rehabilitation Program to increase participation in the program among multifamily housing property owners. • Rehabilitate 11 low- and moderate - income units annually, for a total of 66 during the 2008 -2014 planning cycle. Timeframe: Implement program redesign and marketing by December 2011; provide loans annually Responsible Agency: Community Development Department, Housing Division Funding Sources: CDBG Program 4: Preservation of At -Risk Rental Housing Over the next 10 years (2008 - 2018), three federally assisted housing projects which provide a total of 174 affordable units have expiring affordability covenants. These projects — Clark Terrace, Frazier Park, and Syracuse Park — are owned by for - profit corporations, and as such are considered at high risk of conversion. While the owners have renewed the Section 8 contracts in the past (these three projects were all at -risk during the last planning cycle) and Frazier Park is in the process of getting final approval to extend its contract, it is unknown at this time whether the owners will continue to renew their Section 8 contracts in the future. Baldwin Park 2020 General Plan HE -98 Housing Element Objectives: • Monitor the status of the 174 affordable housing units that are at risk of converting to market rate. • Work with owners and property managers to discuss preservation options of affordable housing units at risk of converting to market rate. • Monitor Section 8 legislation and provide technical assistance to property owners as necessary. • Inform non - profit housing organizations of opportunities to acquire and continue affordability of at -risk units. • Inform residents in units that are converting to market rents of affordable housing programs available in the City, including Section 8 and other affordable housing developments. i imeframe: Monitor the status of at -risk units annually; inform residents and potential non - profit housing organizations upon learning of pending conversion. Responsible Agency: Community Development Department, Housing Division Funding Sources: CDBG; HOME; Redevelopment Housing Set -Aside B. Assist in the Development of Affordable Housing Baldwin Park encourages the development of housing units affordable to all segments of the community. However, the cost of new construction can be prohibitive to the development of affordable housing. Incentive programs, such as density bonuses and assistance with land assembly, offer a cost - effective means of providing affordable housing development. In addition, the Housing Element sets forth several first -time homebuyer programs aimed at moving renters into homeownership and promoting neighborhood stability. Goal 2.0 Assist in the development of housing affordable to low- and moderate- income households. Policy 2.1 Provide favorable home purchasing options to lower- and moderate - income households. Policy 2.2 Encourage developers of for -sale housing to utilize the City's first -time homebuyer assistance program to qualify for lower income applicants. Policy 2.3 Continue to provide rental assistance to very low - income households who are overpaying for housing. Policy 2.4 Offer financial and /or regulatory incentives where feasible to encourage the development of affordable housing. Baldwin. Park 2020 General Plan HE -99 Housing Element Policy 2.5 Assist residential developers in identifying and consolidating parcels suitable for new housing development. Policy 2.6 Actively pursue additional sources of funds for affordable housing Program 5: First -Time Homebuyer Program The Baldwin Park First -Time Homebuyer Program encourages the transition of low- and moderate - income renters into long -term homeownership. The Homebuyer Program provides low- and moderate - income households the opportunity to purchase a home through the use of gap financing and down payment assistance. Both new and existing housing within established maximum purchase prices are eligible. The City's First -Time Homebuyer Program includes four separate programs: HOME First -Time Homebuyer Program, Set -Aside Funds First -Time Homebuyer Program, Down Payment Assistance, and the Lease to Purchase Program. The HOME First Time Homebuyer Program offers gap financing in the form of no- interest loans of up to $140,000 to low - income households who are purchasing their first home. The Set -Aside Funds First Time Homebuyer Program offers no- interest loans to first -time homebuyers of moderate - income. The Down Payment Assistance Program loan assists low- to moderate - income households and is not restricted to first -time homebuyers. The program lends seven percent of the purchase price of the home to be used as down payment and for closing costs. The Lease to Purchase Program is a "lease to own" homeownership program that may be used in conjunction with other City programs that offer assistance to homebuyers. Objectives: • Expand home - ownership opportunities to low- and moderate - income first -time homebuyers. • Provide homeownership assistance to 12 households annually, for a total of 72 households during the 2008 -2014 planning period. Timeframe: Ongoing Responsible Agency: Community Development Department, Housing Division Funding Sources: HOME; Independent Cities Lease Finance Authority, Redevelopment Housing Set -Aside Program 6: Mortgage Credit Certificate (MCC) As a means of further leveraging homeownership assistance, the City participates with the Los Angeles County Community Development Commission (CDC) in implementation of a Mortgage Credit Certificate Program. An MCC is a certificate awarded by the CDC authorizing the holder to take a federal income tax credit. A qualified applicant awarded an MCC may take an annual credit against federal income taxes of up to 20 percent of the annual interest paid on the applicant's mortgage. This allows more available income to qualify for a mortgage loan and to make the monthly Baldwin Park 2020 General Plan HE -100 Housing Element mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding. Objective: ■ Continue to participate in the regional MCC program, and encourage applicants to City's first -time homebuyer program to take advantage of the program. Timeframe: Ongoing Responsible Agency: Community Development Commission of the County of Los Angeles; Community Development Department, Housing Division Funding Sources: Federal Income Tax Credit The Section 8 Housing Choice Voucher Program extends rental subsidies to very low - income, elderly, and disabled households who spend more than 30 percent of their gross income on housing. Participants are able to select any housing that meets the requirements of the program, and are not limited to units located in subsidized housing projects. The program is funded by HUD, and the Baldwin Park Housing Authority coordinates the program for Baldwin Park residents. As of February 2008, 715 Baldwin Park households received Section 8 Housing Choice vouchers, and 3,309 applicants were on the waiting list. Objectives: Participate in efforts to maintain, and possibly to increase, the current number of Housing Choice Vouchers available to Baldwin Park residents, and direct eligible households to the program. Encourage apartment owners to list their properties with the Baldwin Park Housing Authority as eligible to receive Section 8 tenants. Provide priority assistance to displaced households, households residing in substandard housing, and households spending greater than 50 percent of their income on housing costs. Timeframe: Ongoing Responsible Agency: Baldwin Park Housing Authority Funding Sources: HUD Section 8 Housing Choice Voucher Program Program 8: HOME Tenant -based Rental Assistance Program This new program addresses housing and affordability and alleviates overcrowding by expanding housing choice. The Tenant -based Rental Assistance Program directly assists individual low- income households by paying the difference between actual housing costs Baldwin Park 2020 General Plan HE -101 Housing Element and what a household can afford to pay. Tenants are free to select any standard unit, whether or not it is HOME assisted. Objective: ■ Provide rental assistance to 10 households per year that are currently on the Section 8 waiting list. Timeframe: Ongoing Responsible Agency: Community Development Department, Housing Division Funding Sources: HOME �,• • c • ••• • • �- •• _ -• For - profit and non - profit developers play a significant role in providing affordable housing. The City can assist in the provision of affordable housing through the utilization of CDBG, HOME, and Redevelopment Set -Aside funds to write down the cost of land for development of affordable housing. As part of the land write -down program, the City may also assist in the acquiring and assembling property and in subsidizing on- and off -site improvements. Objectives: • Continue to provide financial and regulatory incentives to increase the supply of affordable housing. Provide technical and financial (as available) assistance for the development of 20 new affordable housing units during the 2008 -2014 Housing Element using a combination of federal, state, and local funds to provide land cost write -downs and other construction assistance. Continue to meet with nonprofit developers to explore partnerships on a regular basis. • Assist developers in the assemblage of property and, as appropriate and necessary, provide land write -downs for affordable housing developments. • Provide technical assistance to developers to acquire and assemble properties for affordable housing development. • Focus a portion of assistance toward development projects that meet the needs of extremely low -, very low- and low - income renters and large families. Timeframe: Ongoing; meet with nonprofit developers at least every other year. Responsible Agency: Baldwin Park Redevelopment Agency; Community Development Department, Planning Division Funding Sources: CDBG; HOME; Redevelopment Housing Set -Aside Baldwin Park 2020 General Plan HE -102 Housing Element C. Provide Adequate Sites to Achieve a Variety and Diversity of • A key element to satisfying the housing needs of all segments of the community is the provision of adequate sites for all types, sizes, and prices of housing. The City, through the General Plan land use policies and the Zoning Ordinance, is responsible for ensuring adequate sites to accommodate its regional fair share of housing growth, and facilitates the development of affordable housing through regulatory and financial incentives. Goal 3.0 Provide adequate residential sites through appropriate land use and zoning designations to accommodate the City's regional share of housing needs. P(l1jcV 3.1 pY°C157iC�e {clY a raricrP of residential developmeM r<vr4J" . 'RnMv ' D -K s ,e Y i`' , O iii iaiuvviii a arn, including low density single - family homes, small lot single- family subdivisions, medium - density to:F.,,,home , and higher clens�ty apartments and condominiums. µ Policy 3.2 Implement the Land Use Element, and facilitate development of mixed - use residential projects near Downtown and along North Maine Avenue. Policy 3.3 Maintain consistency between General Plan land use policies and the Zoning Ordinance. Policy 3.4 Continue to provide opportunities for infill housing development in R -3 zones, in the City's Redevelopment areas, and in Mixed -Use areas. Policy 3.5 Promote mixed -use and higher- density housing in close proximity to commercial areas and transportation routes for accessibility to services. Policy 3.6 Continue to encourage second units on single - family lots. Program 10: Ensure Adequate Sites to Accommodate Regional Fair Share of Housing Growth Based on units developed, approved, and proposed, the City has met the a portion of its RHNA, with a remaining RHNA of 352 housing units, including 185 units for very low - income households, 109 units for low - income households, and 58 units for moderate - income households. As part of the Housing Element update, a vacant and underutilized sites analysis was performed. The analysis evaluated the development potential in the R- 3 zone and in Mixed -Use areas. The results of this analysis illustrated that Baldwin Park has adequate sites to accommodate its share of regional housing needs. Baldwin Park 2020 General Plan HE -103 Housing Element Objectives: Continue to provide appropriate land use designations and maintain an inventory of suitable sites for residential development. Make the vacant and underutilized residential sites inventory available to non- profit and for - profit housing developers on the City's website. Adopt revisions to the Zoning Ordinance prior to adoption of the 2008 -2014 Housing Element, to implement zoning for mixed -use sites identified. Timeframe: Ongoing; Update sites inventory every two years. Responsible Agency: Community Development Department, Planning Division Funding Sources: Departmental Budget The City completed a comprehensive update of its General Plan in 2002. The Land Use Element sets forth the City's policies for guiding local development and growth. These policies, together with zoning regulations, establish the amount and distribution of land uses within the City. The Land Use Element provides residential development opportunities in traditionally residential neighborhoods and in expanded areas designated Garden Multi- Family along Ramona Boulevard. The Land Use Element also introduced a new Mixed -Use category that allows densities of up to 30 units per acre. The higher densities allowed in this designation create opportunities for providing affordable housing. The City has completed a draft Zoning Ordinance revision to be consistent with the updated General Plan, and anticipates adoption of the Zoning Ordinance by mid -2011. Objective: Adopt revisions to the Zoning Ordinance prior to adoption of the 2008 -2014 Housing Element, to achieve consistency with the General Plan. Timeframe: By mid -2011 Responsible Agency: Community Development Department, Planning Division Funding Sources: Departmental Budget Program 12: Mixed -Use Sites Mixed -use development will add more residential units in the downtown area and along Maine Avenue. Such development is expected to enhance the market for downtown businesses and provide significant opportunities for affordable housing development. Elderly, less- mobile residents, as well as employees of nearby businesses will particularly benefit from such opportunities. The sites inventory indicates a potential for 464 new residential units in mixed -use areas. The City's development standards encourage the development of mixed -use in these areas and interest among developers to complete such projects within Baldwin Park is high. Baldwin Park 2020 General Plan HE -104 Housing Element Objectives: ■ Continue to facilitate the construction of residences in mixed -use developments. ■ Continue to provide incentives for lot consolidation in the MU -2 zone through the use of graduated density zoning. ■ Draft and make available at City counters a brochure outlining affordable housing incentives available to developers in Baldwin Park, including density bonuses and the Redevelopment Agency's affordable housing development incentives. ■ Provide marketing materials on the City's website that delineate site opportunities for mixed -use. ■ Provide technical assistance for interested developers, including land development counseling by City planners and Redevelopment staff and the facilitation of negotiations between property owners to encourage lot consolidation. ■ Establish a protocol to monitor development interest, inquiries and, progress towards mixed -use development. Periodically re- evaluate approach and progress. Timeframe: Ongoing; establish protocol to monitor development interest by 2011; re- evaluate approach and progress annually. Responsible Agency: Baldwin Park Redevelopment Agency; Community Development Department, Planning Division Funding Sources: Departmental Budget D. Remove Governmental Constraints Market and governmental factors pose constraints to the provision of adequate and affordable housing. Factors that pose constraints on the provision of housing include the costs of developing both ownership and rental housing, which are ultimately passed to the consumers; the availability and cost of mortgage and rehabilitation financing; and restrictive zoning or other development regulations. These factors tend to disproportionately impact lower- and moderate - income households due to their limited resources for absorbing the costs. To assist in affordable housing development, Baldwin Park addresses, and where legally possible, removes governmental constraints affecting the maintenance, improvement, and development of housing. The City is committed to removing governmental constraints that hinder the production of housing. In addition to the density bonuses and flexible development standards already in place, the City proposes revisions to the Zoning Ordinance to encourage housing opportunities for extremely low- income households and special needs persons. Goal 4.0 Mitigate governmental constraints to housing production. Baldwin Park 2020 General Plan HE -105 Housing Element Policy 4.1 Periodically review City regulations, ordinances, departmental processing procedures and residential fees related to rehabilitation and /or construction to assess their impact on housing costs, and revise as appropriate. Policy 4.2 Continue to utilize density bonus incentives to encourage market rate developments to integrate units affordable to lower income households. Policy 4.3 Continue to utilize the Specific Plan process as a means of providing flexible development standards for affordable housing development. Policy 4.4 Continue to utilize the Administrative Adjustment Process and concurrent review process as a means of streamlining development review procedures. Policy 4.5 Designate appropriate zoning districts for the location of transitional housing and emergency shelters, and maintain standards to enhance the compatibility of these uses with the surrounding neighborhood. Program 13: Land Use Controls The Housing Element looks to provide flexibility in residential development standards as a means of reducing the costs of development, thus enhancing unit affordability. The City will continue to utilize the Administrative Adjustment and Specific Plan processes to provide flexibility in height, setback, open space, and parking requirements. Objectives: • Provide flexibility in development standards such as open space, parking, setback and height limits through the Administrative Adjustment and Specific Plan processes. • Draft appropriate development standards to facilitate mixed -use development in areas designated as Mixed Use by the General Plan. Timeframe: Ongoing; Draft mixed -use development standards as part of the comprehensive Zoning Ordinance Update in 2011. Responsible Agency: Community Development Department, Planning Division Funding Sources: Departmental Budget Program 14: Density Bonus /Development Incentives Density bonuses are granted in Baldwin Park if a development meets California Government Code Section 65915. Pursuant to State law, the City offers density bonuses of between 20 and 35 percent for the provision of affordable housing, depending on the amount and type of housing provided. Financial incentives or regulatory concessions may also be granted when a developer proposes to construct affordable housing. Baldwin Park 2020 General Plan HE -106 Housing Element Objectives: • Continue to comply with State law provisions for density bonuses as a means to facilitate affordable housing development. • Continue to exempt affordable housing projects from certain development fees, such as Quimby and public art fees. Timeframe: Ongoing Responsible Agency: Community Development Department, Planning Division Funding Sources: Departmental Budget; Redevelopment Housing Set - Aside; CDBG; HOME Program 15: Expedite Project Review A community's evaluation and review process for housing projects contributes to the cost of housing because holding costs incurred by developers are ultimately reflected in the unit's selling price. The City plans to provide expeditious processing, which will include pre- submittal multi - departmental meeting with the project applicant to help guide the applicant through the process; design review committee findings within ten days of application filing; concurrent processing of applications; and priority scheduling of affordable housing projects for public hearings. Objectives: • Minimize the time required for project approvals, and provide fast track permit processing for projects with an affordable component. • Develop a process for concurrent processing of residential projects, and priority processing for affordable housing developments. Timeframe: Ongoing; develop concurrent process by December 2011 Responsible Agency: Community Development Department, Planning Division Funding Sources: Departmental Budget Program 16: Extremely Low - Income and Special Needs Housing Extremely low- income households and households with special needs have limited housing options in Baldwin Park. Housing types appropriate for these groups include: emergency shelters, transitional housing, supportive housing, and single -room occupancy (SRO) units. The East San Gabriel Valley Homeless Count Survey estimated 57 homeless in Baldwin Park in 2003. As part of the comprehensive Zoning Ordinance update, the C -I zone was modified to permit emergency housing by right. Specific siting standards and conditions for approval were developed better facilitate the provision of emergency housing. Baldwin Park 2020 General Plan HE -107 Housing Element Objectives: Continue to recognize housing opportunities for extremely low - income persons by allowing emergency shelters by right in the C -I zone, subject to those conditions and standards as consistent with State law. Subject emergency shelters to the same development standards as other similar uses within the C -I zone, except for those provisions permitted by State law and included in the Baldwin Park Zoning Ordinance for emergency shelters. Continue to allow the establishment of transitional and supportive housing that function as residential uses, consistent with similar residential uses and pursuant to SB 2. Amend the Zoning Ordinance to facilitate housing opportunities for extremely low - income persons by establishing definitions, performance standards, and siting regulations for single -room occupancy developments (SRO). Timeframe: Ongoing; Amend the Zoning Ordinance within three years of Housing Element adoption to address SROs. Responsible Agency: Community Development Department - Planning Division Funding Sources: Departmental Budget Program 17: Water and Sewer Service Providers In accordance with Government Code Section 65589.7 as revised in 2005, immediately following City Council adoption, the City must deliver to all public agencies or private entities that provide water or sewer services to properties within Baldwin Park a copy of the 2008 Housing Element. Objective: Immediately following adoption, deliver the 2008 -2014 Baldwin Park Housing Element to all providers of sewer and water service within the City of Baldwin Park. Timeframe: Within 30 days of adoption Responsible Agency: Community Development Department, Planning Division Funding Sources: Department Budget E. Promote Equal Housing Practices To fully meet the community's housing needs, Baldwin Park must assure that housing is accessible to all residents, regardless of race, religion, family status, age, or physical disability. Baldwin Park contracts with the Fair Housing Council of San Gabriel Valley to provide fair housing services. Activities to support fair housing practices include tenant /landlord activities such as mediation, information, investigation, counseling and referral services. Baldwin Park 2020 General Plan HE -108 Housing Element Goal 5.0 Promote equal housing opportunity for all residents. Policy 5.1 Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling, or renting of housing on the basis of race, religion, family status, national origin, physical handicap or other such characteristics. Policy 5.2 Continue to offer fair housing services to residents, including tenant /landlord dispute resolution and discrimination complaint investigation. Policy 5.3 Provide that displacement of low- income households is avoided and, where necessary, is carried out in an equitable manner. Policy 5.4 Require mobile home and trailer park owners proposing park closures to adhere to State relocation requirements. Policy 5.5 Encourage housing construction or alteration to meet the needs of residents with special needs such as the elderly and disabled. Program 18: Fair Housing Program The City contracts with the Housing Rights Center to provide fair housing services to renters and purchasers of housing in Baldwin Park. Services include housing discrimination response, landlord- tenant relations, and housing information counseling. Objectives: • Continue to assist households through the Housing Rights Center, providing fair housing services and educational programs concerning fair housing issues. Refer fair housing complaints to the Housing Rights Center and assist in program outreach. • Create a brochure that advertises the availability of fair housing counseling. Distribute the brochure at a variety of public locations, including public counters and the Baldwin Park Library. Provide information on fair housing resources on the City's website. • Continue to comply with all State and federal fair housing requirements when implementing housing programs or delivering housing- related services. • Implement recommendations from 2003 Analysis of Impediments to Fair Housing Choice related to fair housing. Timeframe: Ongoing Responsible Agency: Community Development Department, Housing Division Funding Sources: CDBG Baldwin Park 2020 General Plan HE -109 Housing Element .. .. The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation to rules, policies, practices, and procedures where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. While fair housing laws intend for all people have equal access to housing, the law also recognizes that people with disabilities may need extra tools to achieve equality. Reasonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. Reasonable accommodation provides a means of requesting from the local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities and counties are required to consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be "reasonable" based on fair housing laws and case law interpreting the statutes. Baldwin Park has a reasonable accommodation procedure clearly outlined in the Zoning Ordinance. Objective: Provide information to residents on reasonable accommodation procedures via public counters and the City website. Timeframe: December 2011 Responsible Agency: Community Development Department, Planning Division Funding Sources: Departmental Budget F. Ensure Compliance with Applicable Environmental Regulations In response to statewide concerns regarding water quality and flooding issues, in recent years the State Legislature has adopted laws that require these issues to be addressed as part of a jurisdiction's General Plan update. Because the Housing Element is the element most frequently updated, the laws cite Housing Element updates in particular as the trigger point for dealing with water quality and flood control issues. With regard to water quality and compliance with State Regional Water Quality Control Board requirements, Baldwin Park is a co- permittee under the Los Angeles County National Pollution Discharge Elimination System (NPDES) permit. The terms of the permit require that: ■ Each Permittee shall amend, revise, or update its General Plan to include watershed and storm water quality and quantity management considerations and policies when any of the following General Plan elements are updated or amended: (i) Land Use, (ii) Housing, (iii) Conservation, and (iv) Open Space. Baldwin Park 2020 General Plan HE -110 Housing Element Each Permittee shall provide the Regional Board with the draft amendment or revision when a listed General Plan element or the General Plan is noticed for comment in accordance with Cal. Govt. Code §65350 et seq. Baldwin Park completed a comprehensive General Plan update in 2002. The Open Space and Conservation Element includes policies that address protection of water resources from pollution. Goal 5 and accompanying policies 5.4 and 5.5 are incorporated into this Element by reference. AB 162, signed into law by Governor Schwarzenegger in 2007, requires cities and counties to increase consideration of flood risks when snaking land use decisions. The bill requires: Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and 'land that may accommodate floodwater for purposes of groundwater recharge and storm water management. ■ The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following: Identify information regarding flood hazards, including, but not limited to flood hazard zones, National Flood Insurance Program maps published by FEMA, information about flood hazards, designated floodway maps, dam failure inundation maps, areas subject to inundation in the event of the failure of levees or floodwalls, and other flood - related issues. (Government Code Section 65302.g.2.A provides the complete list.) ii. Establish a set of comprehensive goals, policies, and objectives for the protection of the community from the unreasonable risks of flooding. As part of the 2002 General Plan update, the City prepared a new Public Safety Element that addressed flooding. The Element states that federal flood maps (FIRM) designate all of Baldwin Park as Area C, meaning that minimal flood risks exist in the City. Goal 2.0 and the accompanying policies in the Public Safety Element are incorporated into this Housing Element by reference. Summary of Quantified Objectives Table H -51 summarizes the City's quantified objectives for the 2008 -2014 planning period by income group. ■ Construction of 352 new units, representing the City's remaining RHNA for the 2008 -2014 period, including 185 units for extremely low - /very low - income households, 109 units for low - income households, and 58 units for moderate - income households. Baldwin Park 2020 General Plan HE -111 Housing Element • Rehabilitation of 25 owner - occupied units per year, or 150 during the planning period. • Rehabilitation of 11 low- and moderate - income rental units annually, for a total of 66 during the 2008 -2014 planning cycle. • Conservation of 174 affordable units at risk of conversion to market -rate units. Table H-51 Baldwin Park 2020 General Plan HE -112 Housing Element Income Level Extremely Above Low Very Low Low Moderate Moderate Total Construction Objective (remaining 185 109 58 -- 352 RHNA) Owner - Occupied Re- lJ utarion 13V (� C Objective Rental Rehabilitation -- 13 53 -- 66 Objective At -Risk Units Conservation 174 -- -- -- -- 174 Objective Baldwin Park 2020 General Plan HE -112 Housing Element Baldwin Park Housing Elemen Appendix A Qualified • Interested Purchasing • - This page intentionally left blank. 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Table B -1: Baldwin Park 2008 -2014 Housinq Element - Vacant Land Inventory Parcel Number General Plan Allowable Potential Lot Realistic Infrastruct On-Site (APN) Designation Zoning Density Acres Consolidation Current Use Capacity ure Constraints du /ac Capacity 8437- 002 -029 Multi- Family Res R3 20 0.1338 no vacant 2 yes none 8438 - 001 -019 Multi - Family Res R3 20 0.3903 no vacant 6 yes none 8552 - 004 -017 Multi - Family Res R3 20 0.2970 no vacant 5 yes none 8552- 004 -022 Multi - Family Res R31 20 0.3592 yes vacanti 10 yes i none 8552 - 004 -023 1 Multi - Family Resl R31 20 1 0.2322 1 vacantl I yes I none Table B -2: Baldwin Park 2008 -2014 Housina Element - Residential Onnortunity Sites Inventory Parcel Number (APN) General Plan Designation Zoning Allowable Density (du /ac) Acres Potential Lot Consolidation Current Use Realistic Capacity (du) Infrastructure Capacity On -Site Constraints 8460 -005 -035 Multi - Family Res R3 20 0.53 Yes 1 dwelling unit, in RDA area 17 yes none 8460 -005 -018 Multi - Family Res R3 20 0.57 4 dwelling units, in RDA area yes none 8544- 025 -030 Multi- Family Res R3 20 0.20 Yes 1 dwelling unit 29 yes none 8544 - 025 -900 Multi- Family Res R3 20 0.98 commercial /public use yes none 8544 - 025 -034 Multi- Family Res R3 20 0.60 2 dwelling units yes none 8544 - 026 -016 Multi- Family Res R3 20 0.36 Yes 3 dwelling units 11 yes none 8544 - 026 -017 Multi - Family Res R3 20 0.29 2 dwelling units yes none 8550- 005 -023 Multi- Family Res R3 20 0.22 Yes youth home 11 yes none 8550- 005 -024 Multi - Family Res R3 20 0.47 youth home yes none 8558- 004 -907 Multi- Family Res R3 20 1.91 No industrial, in RDA area 31 yes none 8544 - 031 -034 Multi - Family Res R3 20 1.76 No church 28 yes none 8544- 026 -021 Multi - Family Res R3 20 0.25 No 2 dwelling units 4 yes none 8544- 026 -019 Multi - Family Res R3 20 0.24 No 2 dwelling units 4 yes none 8544- 023 -028 Multi - Family Res R3 20 1.07 No church 17 yes none 8542 - 008 -017 Multi - Family Res R3 20 0.26 No 1 dwelling unit 4 yes none 8542 - 004 -001 Multi - Family Res R3 20 0.16 No 1 dwelling unit 3 yes none 8542 -004 -009 Multi - Family Res R3 20 0.45 No 1 dwelling unit 7 yes none 8542 - 004 -004 Multi - Family Res R3 20 0.12 No 1 dwelling unit 2 8554- 005 -002 Multi- Family Res R31 20 1 0.97 No I commercial /industrial 16 yes none Table B -3: Baldwin Park 2008 -2014 Housing Element - Mixed Use Opportunity Sites Inventory Site Number Parcel Number (APN) General Plan Designation Zoning Allowable Density du /ac Acres Potential Lot Consolidation Current Use Realistic Capacity du Infrastructure Capacity On -Site Constraints Site 8543- 019 -001 MU MU -2 30 1.2896 yes commercial 61 yes none 8543- 019 -004 MU MU -2 0.1623 commercial yes none 8543- 019 -005 MU MU -2 0.1994 commercial yes none 8543- 019 -006 MU MU -2 0.1945 restaurant yes none 8543- 019 -034 MU MU -2 0.3347 grocerystore yes none 8543- 019 -037 MU MU -2 0.1783 commercial yes none 8543- 019 -038 MU MU-21 0.1620 commercial yes none Site B 8415- 009 -026 MU MU -2 30 0.2578 yes restaurant 18 yes none 8415- 009 -027 MU MU -2 0.1705 parking yes none 8415 - 009 -028 MU MU -2 0.1705 commercial yes none 8415- 009 -029 MU MU -2 0.1550 SFR yes none Site C 8415- 011 -002 MU MU -2 30 0.2190 yes SFR 22 yes none 8415- 011 -007 MU MU -2 0.4509 SFR yes none 8415- 011 -028 MU MU-21 0.23951 vacant Ives none Site D 8415- 009 -033 MU MU -2 30 0.1692 yes vacant, parking 15 yes none 8415- 009 -034 MU MU -2 0.4661 commercial yes none Site E 8554- 002 -001 MU MU -2 I 30 0.3301 yes light industrial 68 yes none 8554- 002 -007 MU MU-21 0.4536 light industrial yes _ none 8554- 002 -008 ^: U MU -2 0.4572 commercial, parking ye! s none 8554 -002 -030 MU MU -2 0.3443 light industrial yes none 8554- 002 -032 MU MU -2 0.6049 office, parking yes none X02 -033 4U' U 0.6051 auto related use yes none Site F 8554- 009 -015 MU MU -2 30 0.1386 yes SFR 17 yes none 8554- 009 -016 MU MU -2 0.1425 SFR yes none 8554- 009 -027 MU MU -2 0.3210 commercial, light industrial yes none 8554- 009 -900 MU MU -2 0.1418 parking yes none Site G 8544- 018 -047 MU MU -1 30 6.4335 no commercial, parking 154 yes none Site H 8437- 003 -001 MU MU-11 30 0.3774 yes gas station 49 yes none 8437 - 003 -002 MU MU -1 0.1544 commercial yes none 8437 - 003 -003 MU MU -1 0.1543 commercial yes none 8437- 003 -004 MU MU -1 0.1545 commercial yes none 8437 - 003 -027 MU MU -1 0.8790 post office yes none 8437- 003 -028 MU MU -1 0.1806 parking yes none 8437- 003 -029 MU MU -1 0.1448 commercial yes Incine Site I 8554- 001 -011 MU MU-11 30 0.1746 yes restaurant 24 yes none 8554- 001 -012 MU _ MU -1 0.2409 retail yes none 8554- 001 -013 _ MU MU -1 0.1571 retail yes none 8554- 001 -901 MU MU -1 0.1684 parking yes none 8554- 001 -904 MU MU -1 0.1690 parking yes none 8554 - 001 -907 MU MU -1 0.1728 parking yes none Site 8554- 001 -018 MU MU -1 30 0.6550 yes commercial, parking 36 yes none 8554- 001 -019 MU MU -1 0.2259 commercial yes none 8554- 001 -803 MU MU -1 0.2378 parking yes none 8554- 001 -806 MU MU -1 0.1867 parking yes none 8554- 001 -807 MU MU -1 0.2281 parking yes none Site K 8437 - 004 -064 MU MU -1 30 2.5172 yes lcommerclal, commercial, parking 370 yes none 8437 - 004 -062 MU MU -1 1.7771 vacant store, parking yes none 8437 - 004 -061 MU MU -1 2.5988 vacant store, parking yes none 8437- 004 -060 MU MU -1 1.1024 commercial, parking yes none 8437 - 004 -059 MU MU -1 0.2305 commercial, parking yes none 8437- 004 -065 MU MU -1 0.3835 commercial, parking yes none 8437- 004 -069 mul MU -1 0.9155 commercial, parking yes Incine 8437- 004 -063 MU MU -1 0.0330 commercial, parking yes none 8437- 004 -063 MU MU -1 0.0212 commercial, parking yes none 8437- 004 -959 MU MU -1 0.8458 commercial, parking yes none 8437 -004 -066 MU MU -1 0.5962 commercial, parking yes none 8437 -004 -070 MU MU -1 0.1983 commercial, parking yes none 8437- 004 -069 MU MU-11 0.3530 commercial, parking yes none 8437- 004 -067 mul MU-11 0.7275 parking yes Inone 8437- 004 -068 1 mul MU-11 1.0368 commercial, parking yes none This page intentionally left blank. This page intentionally left blank. Detailed Sites Analysis To show the potential for infill development to meet the remaining RHNA of 491 units, a site by site analysis of the most suitable sites for residential development was conducted. This section provides detailed information on the sites identified in the Mixed -Use areas of the City. A total of 834 Mixed -Use sites were identified, more than ample to meet the remaining RHNA of 491 units. General Plan goals and policies are tailored to foster lively, pedestrian- oriented mixed -use districts in areas designated Mixed -Use. These Mixed - Use sites were identified as being most suitable for recycling based on the unit -to- capacity potential and condition and maintenance of the existing buildings. The density of the identified sites facilitates the development of housing affordable to lower - income households. The City's new Zoning Ordinance contains provisions to encourage the development of mixed -use and higher density housing through the MU -1 and MU -2 zones. These development standards were tailored to achieve maximum densities and foster lively pedestrian and transit - oriented districts. Sites G, H,1, J, and K are all located near the Baldwin Park downtown core. All of these sites are located within the Central Business District Redevelopment Area. Community Redevelopment law requires that some housing development within redevelopment areas be affordable to lower income households. For new or rehabilitated dwelling units developed by public or private entities, 15 percent of those units are to be available at costs affordable to persons of low- or moderate - income. At least 30% of all new or rehabilitated dwelling units developed by the Baldwin Park Redevelopment Agency must be available at affordable housing cost to persons of low and moderate income. The Central Business District Redevelopment Project includes the following goals to alleviate blight in the Project Area: • New construction and rehabilitation of appropriate commercial and residential development. • Facilitate construction of supporting residential uses in the area. Site K is located at a prime site in Baldwin Park in the heart of downtown. For several years, the City has pursued the development of a specific plan in this area, including Site K as the primary anchor area. The City's vision for this area is to reinvent downtown as a mixed -use pedestrian and transit - oriented urban village using a comprehensive, coordinated approach to addressing physical and economic blight in downtown. To pursue this vision, the City entered into an exclusive negotiating agreement with a developer for Site K and neighboring parcels, but the significant national economic downturn that began in late 2007 caused the developer to withdraw from the process. Site K remains an excellent candidate for redevelopment as mixed use. As of 2009, a vacant grocery store was the primary use in this underutilized shopping center. Although originally constructed in 1989, the shopping center is aging, and the vast majority of area is occupied by surface parking. The site would be an excellent candidate for higher intensity transit oriented development, as it is adjacent to a Metrolink station. The developer formerly involved with the Specific Plan for this site estimated 340 new residential units on this site. The City's analysis estimates a potential capacity for 370 new units. This site alone meets the three - quarters of the City's remaining RHNA. Baldwin Park 2020 General Plan C -1 Appendix C Site G has the potential to yield approximately 154 units, and is located at the intersection of Maine Avenue and Clark Street, on the north end of the downtown core. This site is under common ownership, and is currently occupied by an aging commercial center, constructed in the mid- 1960s. More than half of the site is reserved for surface parking. In the past, there has been interest in development on this site. Together, Sites G and K meet all of the City's remaining RHNA of 491 housing units for the 2007 -2014 planning period. Site H, with an estimated capacity of at least 49 units, is also located on the prominent corner at Maine Avenue and Clark Street. The site provides opportunities for further development based on the size of the area (over 2 acres). The existing uses include a gas station, aging commercial buildings (built in the 1950s and 60s) containing retail and services including travel agencies and beauty salons, and a post office. There is ample surface parking on each parcel identified. There are seven parcels identified as part of tills site, which are ownedd by four property Owners. Site I is located at the intersection of Ramona Boulevard and Maine Avenue, and has a capacity of at least 24 units. Located adjacent to the Baldwin Park City Hall, this is a superior location for mixed -use development. The parcels that comprise this site currently contain a mix of low - intensity uses, including small restaurants, a furniture store, and ample surface parking. The buildings on the parcels were built between 1929 and 1955. The City of Baldwin Park is the current owner of three parcels that make up Site I. Site J has the capacity for at least 36 new housing units. This site encompasses over 1.5 acres and is located adjacent to the Metrolink station. This site is suitable for a transit - oriented mixed -use development. Existing uses include a recently constructed small commercial center and a bank building each with their own surface parking, in addition to a telephone company building and surface parking lots. At least two identified parcels are under common ownership. Baldwin Park is interested in pursuing a partnership to construct a parking structure on a portion of this site to serve the Metrolink Station. A mixed -use development in conjunction with this use would be appropriate. Sites A, B, C, and D are located in the North Maine Avenue Corridor. The North Maine Avenue Corridor is currently characterized by an indiscernible land use pattern which alternates between small commercial and residential uses. Two major public facilities on Maine Avenue — the Performing Arts Center and the Baldwin Park Continuing Education Center — present opportunities for establishment of complementary land uses. Sites A and B are located at the prominent corner of Maine Avenue and Olive Street. This corner is a focus area for the City where neighborhood serving retail and services may be combined with higher- intensity residential development. These sites' prominent location along one of the City's major corridors increases the potential for development in the planning period. Site A is composed of seven parcels, but ownership is split between only four persons /entities. Existing uses include surface parking and aging Baldwin Park 2020 General Plan C -2 Appendix C commercial structures (built between 1939 and 1963). Site B is located on the southeast corner of Olive Street and Maine Avenue. Composed of four parcels, two of these are currently under the same ownership. Existing uses include an aging restaurant with surface parking, a small commercial building, and a single - family residence. All buildings were constructed between 1948 and 1970. Sites C and D are both located on the east side of Maine Avenue, at the intersection of Cavette Place. Site C includes a vacant parcel of 0.24 acres. The other parcels each contain a single - family home, both over 60 years old, and one of which was listed for sale as of early 2009. The two sites not listed for sale are under common ownership. Site D contains two parcels, totaling over half of an acre. Currently, one parcel is predominantly vacant, with a portion devoted to surface parking. The other portion has a small commercial building, containing services and goods sales. Sites E and F are located just south of the Baldwin Park Metrolink station. Baldwin Park recognizes the train station as one key component of its program to enhance Downtown and create a mixed -use, vibrant community center. T he parcels that compose Site E have a combined capacity for at least 68 new housing units, developed at a density that accommodates affordable housing. Existing uses on Site E include light industrial buildings with outdoor storage, an aging medical office building, and an automobile repair shop. All buildings were built between 1950 and 1983. Existing uses on Site F include two older single - family residences (built in the 1950s), a small commercial building built in 1989, and extensive surface parking areas. Baldwin Park 2020 General Plan C -3 Appendix C � � ' J a • � � � � � s. � � • BALDWIN PARK 2008-2014 r' ! _ a1i s � April 2011 This page intentionally left blank. 1 |pyge Table of Contents Notice of Availability and Intent to Adopt a Negative Declaration ................................... ............................... i DraftNegative Declaration ................................................................................................ .............................ii InitialStudy ..................................................................................................................... ............................... 1 GeneralInformation ........................................................................................................ ..............................1 ProjectDescription .................................................................................................... ..............................4 InitialStudy Checklist ................................................................................................... ............................... 22 EnvironmentalEvaluation ............................................................................................ ............................... 23 References................................................................................................................... ............................... 52 Determination............................................................................................................... ............................... 54 List of Tables Table 1: Baldwin Park RHNA ................................................................................... ............................... 5 Table2: Meeting the RHNA ....................................................................................... ..............................6 Table3: Credits toward RHNA ................................................................................. ............................... 7 List of Figures Exhibit 1: Regional Location Map ................................................................................ ..............................2 Exhibit2: Project Vicinity Map ..................................................................................... ..............................3 Exhibit 3: Housing Sites Inventory Map ...................................................................... ..............................9 This page intentionally left blank. H I P a g, e NOTICE OF AVAILABILITY AND INTENT TO ADOPT NEGATIVE DECLARATION FOR THE PROPOSED ADOPTION AND IMPLEMENTATION OF THE BALDWIN PARK 2008 -2014 HOUSING ELEMENT DATE: April 18, 2011 TO: Interested Agencies, Organizations, and Individuals Notice is hereby given that City of Baldwin Park has completed an Initial Study for the project (Adoption and Implementation of the Baldwin Park 2008 -2014 Housing Element) in accordance with guidelines implementing the California Environmental Quality Act (Government Code Section 15000 et seq.). PROJECT LOCATION: The Baldwin Park 2008 -2014 Housing Element applies to all residential zoning districts and all General Plan land use designations that allow mixed -use development within the municipal boundaries of the City of Baldwin Park. Located in the San Gabriel Valley approximately 15 miles east of downtown Los Angeles, the City encompasses 4,337 acres. DESCRIPTION OF THE PROPOSED PROJECT: The project is the adoption and implementation of the Baldwin Park 2008 -2014 Housing Element, which represents an update of the City's certified Housing Element. The Housing Element is an integral component of the City's General Plan, as it addresses existing and future housing needs of all types for persons of all economic segments within the City. The City of Baldwin Park's long -term housing goal is to provide housing opportunities to meet the diverse needs of the community. The Initial Study assesses the potential impacts related to goals, policies, and implementation programs in the Housing Element, including the provision of adequate land to accommodate the City's regional housing needs assessment (RHNA). POTENTIAL IMPACTS: No potentially significant environmental impacts of the project have been identified. PUBLIC REVIEW PERIOD: Begins: April 19. 2011 Ends: May 20, 2011 The Initial Study /Negative Declaration is being circulated for public review and comment for a period of 30 days. Any person may submit written comments to the Community Development Department before the end of the review period. If you challenge the City's action in court you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Community Development Department prior to the end of the review period. Comments may be sent by mail, fax, or e -mail to the following address: City of Baldwin Park Community Development Department 14403 E. Pacific Ave 2nd Floor Baldwin Park, CA 91706 Fax: (626) 962 -2625 Email: AHarbin @baldwinpark.com LOCATION WHERE DOCUMENT CAN BE REVIEWED: The City of Baldwin Park has prepared an Initial Study and a Draft Negative Declaration for the project, pursuant to CEQA. Copies of these documents may be reviewed online at www.baldwinpark.com, or at the following locations during normal business hours: 1) City of Baldwin Park Community Development Department, 14403 E. Pacific Ave 2nd Floor, Baldwin Park, CA 91706; and 2) Baldwin Park Library, 4141 Baldwin Park Boulevard., Baldwin Park, CA 91706. 1 it -- U Det —�e Amy Harbin/AlC City Planner, City of Baldwin Park i 11='age PROJECT ADOPTION AND IMPLEMENTATION OF THE BALDV0N PARK 2008-2014 HOUSING ELEMENT PROJECT LOCATION: The Baldwin Park 2008-2014 Housing Element applies to all residential zoning districts and all General Plan land use designations that allow mixed-use development within the municipal boundaries of the City of Baldwin Park. Located in the San Gebha| Valley approximately 15 miles east of downtown Los Angeles, the City encompasses 4.337 acres. Figure 1, Project LnunUon. shows the City's location within Los Angeles County. LEAD AGENCY AND PROJECT PROPONENT: City of Baldwin Park PROJECT DESCRIPTION: The project io the adoption and implementation ofthe Baldwin Park 2008- 2014 Housing Bement which represents an update of the City's Housing Element. The Housing Bement is an integral component of the City's General P|un, ead addresses existing and future housing needs of all types for persons of all economic segment groups within the City. The City of Baldwin Park's long-term housing goal ia to prc:ida houming opportunities 0o meet the diverse needs of the community. The initial Study and Negative Declaration aaneae the potential impacts related to the provision of adequate land to accommodate the City's regional housing needs assessment (RHNA) and the goals and policies listed in the Housing Element. A copy of the Initial Study is attached. Questions or comments regarding this Initial Study/Negative Declaration may be addressed to: Amy Harbin, AICP, City Planner City of Baldwin Park Community Development en 14403 E. Pacific Ave 2n' Floor Baldwin Park, CAQ170G Phone: (G2G)D13'5281 Fax: (S2G)9G2-2G25 £-Mail. AHadbin@ba|dwinpark.00m DETERMINATION: The conclusion of the Initial Study is that the project will not cause o significant impact on the environment. A NEGATIVE DECLARATION has been prepared. FINDING OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT: Based on the Initial Study of possible significant effects of the proposed project, it has been determined that the project will not have o significant adverse effect on the environment. Preparation of an Environmental Impact Report in not required. DECLARATION OF COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: This document has been prepared in accordance with the California Environmental Quality Act. Da#e: Amy Harbin, A,1CP City Planner City of Baldwin jPar n|paom INITIAL STUDY PROJECT: ADOPTION AND IMPLEMENTATION OF THE BALDWIN PARK 2008 -2014 HOUSING ELEMENT DATE FILED: April 19, 2011 General Information: 1. Project Title: City of Baldwin Park 2008 -2014 Housing Element Update (AGP -114) 2. Lead Agency name and address: City of Baldwin Park Community Development Department 14403 E. Pacific Ave 2nd Floor Baldwin Park, CA 91706 3. Contact Person: Amy Harbin, AICP, City Planner Phone: (626) 813 -5261 Fax: (626) 962 -2625 E -Mail: AHarbin @baidwinpark.com 4. Project Location: The Draft Housing Element applies to all residential zoning districts and all General Plan land use designations that allow mixed -use development within the municipal boundaries of the City of Baldwin Park. Located in the San Gabriel Valley approximately 15 miles east of downtown Los Angeles, the City encompasses 4,337 acres. Abutting the City boundaries are the cities of Irwindale, West Covina, Industry, and El Monte, as well as an unincorporated Los Angeles County Area. Figure 1, Project Location, shows the City's location within Los Angeles County, Figure 2 identifies the city boundaries in a more local context. 5. Permit application(s) for the project: AGP -114 6. General Plan Designation /Zoning: Single - Family Residential (0 -8.7 du /ac), Garden Multi - Family (8.8 -12 du /ac), Multi - Family (12.1 -20 du /ac), and Mixed -Use (0 -30 du /ac). Low - Density Single - Family Residential Zone (R -1- 7,500), Single - Family Residential Zone (R -1), Garden Multi - Family residential Zone (R -G), High Density Multi- Family Residential Zone (R -3), and Mixed -Use Zone 1 (MU -1), Mixed -Use Zone 2 (MU -2). 7. Surrounding Land Uses: The City of Baldwin Park is surrounded by the cities of Irwindale, West Covina, Industry, and El Monte. The surrounding development includes residential, commercial, mixed use, public, industrial, and open space uses. Initial Study -- City of Baldwin Park 2008 -2014 Housing dement Update 1 1 P a g 4 MON Not to -, Ric, as Regional Map - Exhibit 1 Initial Study- 2008-2014 Housing Element Update N Baldwin Park, CA Initial Study — City of Baldwin Park 2008-2014 Housing Element Update 2 1 P a g e PA Valley Hacienda Heights Cent Vicinity Map - Exhibit 2 iniflal Study - 2008-2014 Housing Diemen,, Updele Bakiwin Park, CA Initial Study — City of Baldwin Park 2008-2014 Housing Element Update 3 1 P a o e 8. Project Description The project is the adoption and implementation of the Baldwin Park 2008 -2014 Housing Element, which represents an update of the City's certified Housing Element. The Housing Element is an integral component of the City's General Plan, as it addresses existing and future housing needs of all types for persons of all economic segment groups within the City. The Housing Element serves as a tool for decision - makers and the public in understanding and meeting housing needs in Baldwin Park. While the law does not require local governments to actually construct housing to meet identified needs, it does require that the community address housing needs in its discretionary planning actions. Goals and Policies The City of Baldwin Park's long -term housing goal is to provide housing opportunities to meet the diverse needs of the community. To make adequate provision for the housing needs of all economic segments of the community, the programs in the Housing Element aim to: • Conserve and improve the existing supply of affordable housing • Provide adequate housing sites for a variety of housing types • Assist in the development of affordable housing • Remove governmental constraints to the development of housing • Promote equal housing opportunities Project Objectives The City of Baldwin Park 2008 -2014 Housing Element Update seeks to achieve the following objectives: • Ensure internal consistency with the recently adopted General Plan • Meet recently enacted statutory requirements • Provide updated housing, population, and needs analysis • Incorporate the suggested responses to California Department of Housing and Community Development (HCD) comments Regional Housing Needs Assessment (RHNA) Article 10.6, Section 65580 — 65589.8, Chapter 3 of Division 1 of Title 7 of the Government Code sets forth the legal requirements for a housing element and encourages the provision of affordable and decent housing in suitable living environments for all communities to meet statewide goals. This Housing Element update is a statement by the City of Baldwin Park of its current and future housing needs, and a policy document that sets forth the City's goals, policies, and programs to address those identified needs. Specifically, Section 65580 states the housing element shall consist of "...an identification and analysis of existing and projected housing needs and a Statement of goals, polices, quantified objectives, financial resources and scheduled programs for the preservation, improvement, and development of housing." The housing element must also contain a five -year housing plan with quantified objectives for the implementation of the goals and objectives described in the housing element. State law requires the Housing Element be updated every four or eight years, unless extended by the legislature. Article 10.6, Section 65589 — 65589.8, Chapter 3 of Division 1 of Title 7 of the Government Code sets forth the legal requirements for a housing element and encourages the provision of affordable and decent housing in all communities to meet statewide goals. This Initial Study evaluates the environmental effects of the adoption and implementation of the 2008 -2014 Baldwin Park Housing Element. For housing program implementation, the planning period is from Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 4 1 P a c e July 1, 2008 through June 30, 2014. However, for purposes of accommodating the RHNA, the planning period is from January 1, 2006 through June 30, 2014. Government Code Section 65583 requires that housing elements include the following components: • An assessment of housing needs and an inventory of resources and constraints related to the meeting of these needs. • A statement of community goals, quantified objectives, and policies relative to the preservation, improvement and development of housing. • A program which sets forth a schedule of actions that the City is undertaking or intends to undertake, in implementing the policies set forth in the Housing Element. Several factors influence the demand for housing in the City of Baldwin Park. Four major "needs" categories considered in the Housing Element include: 1) Housing needs resulting from population growth, both in the City and the surrounding region; 2) housing needs resulting from overcrowding of units; 3) housing needs that result when households are paying more than they can afford for housing; and 4) housing needs of "special needs groups" such as the elderly, large families, female - headed households, households with a disabled person, farm workers, and the homeless. California housing element law requires that each jurisdiction develop local housing programs designed to meet their "fair share" of housing needs for all income groups. HCD's Housing Policy Division develops the Regional Housing Needs Assessments (RHNA) for each region of the State, represented by councils of governments. The Southern California Association of Governments (SCAG) determines the housing allocation for each city and county within its six - county jurisdiction. SCAG has assigned Baldwin Park a housing allocation of 744 units (Table 1). Table 1: Baldwin Park RHNA Indome�Cate of Number of Units Very Low Income 185 Low Income 115 Moderate Income 123 Above Moderate Income 321 Total Units 744 The RHNA covers the period of January 1, 2006 to June 30, 2014, whereas the Housing Element is intended to cover a six year period after June 30, 2008. Local jurisdictions, in updating their housing elements, may credit by applicable income category the actual housing units constructed, or under construction, during the 2 -'/ year gap (January 2006 to June 2008). Progress towards RHNA and Adequate Sites The City has already achieved a significant portion of its RHNA with housing units constructed, under construction, and approved since January of 2006. Specifically, the Housing Element identifies 211 units that were constructed or approved during 2006 -2008, including six low- income units, three moderate- income units, 23 second units (counted towards the moderate - income category), and 182 above moderate- income units. Because the environmental review of the dwelling units constructed or approved since January 1, 2006 was previously conducted on a project -by- project basis, this document will only be assessing the potential impacts related to the provision of adequate land to accommodate the remaining RHNA of 491 housing units, as detailed below. However, no land use changes are included as part of this Housing Element, and future projects will be required to complete individual project environmental review. Initial Study— City of Baldwin Park 2008 -2014 Housing Element Update 5 1 P a v e Table2: Meeting the RHNA Above Moderate- Income 179 -- -- 179 321 142 Moderate - Income 3 23 42 68 ' 123 55 Low - income 6 -- -- 6 115 109 Very low- income -- -- — 0 185 185 Total 188 23 42 253 744 491 State law requires that all housing elements address four key topics: needs, constraints, resources, and planning. A� �alysis of these topics provides the foundation for the preparation of a housing element. The Baldwin Paris Housing Element profiles community demographics and examines housing needs of various demographic groups, including owners versus renters, lower - income households, overcrowded households, the elderly, special needs groups, and the homeless, among others. This information is detailed in the Element. Constraints to Housing Production The Housing Element identifies constraints on the production of new housing, including governmental, environmental, and market constraints. By identifying these constraints, the City recognizes possible barriers to housing development and can adopt policies and programs in the Housing Element to remove or significantly reduce those barriers. The Baldwin Park Housing Element identifies the following circumstances that may act as barriers to development: • Land Use Controls • Building codes and their enforcement • Fees and exactions • Processing and permit procedures • Financing • Housing for people with disabilities Housing Resources and Availability of Sites The Housing Resources portion of the Element focuses on those opportunities available to the City to provide housing as required by State law. The most critical component is the sites inventory, which examines locations available to support new housing for persons of all income categories. Although the Housing Element covers the time period from 2008 to 2014, the State has established 2006 as the baseline for calculating units credited toward fulfilling the City's RHNA. Table 1 (Credits Towards RHNA) indicates the City's RHNA, the number of credited units, and the balance of units to be met under each income category. Credits include units constructed, units approved, and units proposed. Initial Study — City of Baldwin Paris 2008 -2014 Housing Element Update 6 1 P a g e Table 3: Credits Toward RHNA The Housing Element indicates that the City has been credited for 253 units and is therefore required to provide opportunities for an additional 491 units by 2014 in the very low, low, and moderate income categories. In assessing available inventory for residential sites, the Element considers mixed use sites, vacant properties, and underutilized residential zones. The analysis indicates that sufficient land is available to enable development of 834 units, well in excess of the 491 units required to meet the RHNA targets. Figure 3 identifies the sites identified in the Housing as available to accommodate this RHNA targets. ;V a r. • i ': a • •: According to housing element law (CA Govemment Code Section 65583.2), in addition to identifying adequate sites to accommodate the RHNA, jurisdictions must determine whether the inventory of sites can provide for a variety of types of housing, including housing for lower- income households. Section 65583.2 deems sites allowing at least 30 dwelling units per acre to be appropriate to accommodate housing for lower - income households. Consistent with the Land Use Element, the City encourages residential uses in areas designated as Mixed -Use to support a viable pedestrian district in the Downtown and along North Maine Avenue. The Land Use Element vision for Mixed -Use consists of both retail and commercial in conjunction with higher density residential uses. In the Mixed -Use II area, either vertically- integrated mixed -use projects are allowed, or stand -alone residential or stand -alone neighborhood commercial may be constructed. A density incentive (0.5 increase in FAR) is offered for commercial projects that include a residential component in Mixed -Use areas. Development within the Mixed -Use areas is permitted to achieve densities of 30 units per acre per the General Plan. Zoning regulations are tailored to facilitate housing development at these densities and consider appropriate setbacks, heights, and parking requirements. Housing element law also requires that a city accommodate a variety of housing types, including housing types that would be available to extremely low- income households and special needs persons. Housing types appropriate for these groups include emergency shelters, transitional housing, supportive housing, and single -room occupancy (SRO) units. Pursuant to SB 2, the City of Baldwin Park Zoning Ordinance recognizes housing opportunities for extremely low- income persons by allowing emergency shelters by right in the I -C zone, subject to those conditions and standards as consistent with State law. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 7 1 P a g e, r Incorne:Level vet' L ow, Low Moderate- , °Above M+aderate' Total RHNA 185 115 123 321 744 Credits 0 6 68 179 253 Balance 185 109 55 142 491 The Housing Element indicates that the City has been credited for 253 units and is therefore required to provide opportunities for an additional 491 units by 2014 in the very low, low, and moderate income categories. In assessing available inventory for residential sites, the Element considers mixed use sites, vacant properties, and underutilized residential zones. The analysis indicates that sufficient land is available to enable development of 834 units, well in excess of the 491 units required to meet the RHNA targets. Figure 3 identifies the sites identified in the Housing as available to accommodate this RHNA targets. ;V a r. • i ': a • •: According to housing element law (CA Govemment Code Section 65583.2), in addition to identifying adequate sites to accommodate the RHNA, jurisdictions must determine whether the inventory of sites can provide for a variety of types of housing, including housing for lower- income households. Section 65583.2 deems sites allowing at least 30 dwelling units per acre to be appropriate to accommodate housing for lower - income households. Consistent with the Land Use Element, the City encourages residential uses in areas designated as Mixed -Use to support a viable pedestrian district in the Downtown and along North Maine Avenue. The Land Use Element vision for Mixed -Use consists of both retail and commercial in conjunction with higher density residential uses. In the Mixed -Use II area, either vertically- integrated mixed -use projects are allowed, or stand -alone residential or stand -alone neighborhood commercial may be constructed. A density incentive (0.5 increase in FAR) is offered for commercial projects that include a residential component in Mixed -Use areas. Development within the Mixed -Use areas is permitted to achieve densities of 30 units per acre per the General Plan. Zoning regulations are tailored to facilitate housing development at these densities and consider appropriate setbacks, heights, and parking requirements. Housing element law also requires that a city accommodate a variety of housing types, including housing types that would be available to extremely low- income households and special needs persons. Housing types appropriate for these groups include emergency shelters, transitional housing, supportive housing, and single -room occupancy (SRO) units. Pursuant to SB 2, the City of Baldwin Park Zoning Ordinance recognizes housing opportunities for extremely low- income persons by allowing emergency shelters by right in the I -C zone, subject to those conditions and standards as consistent with State law. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 7 1 P a g e, This page intentionally left blank. Initial Study — City of Baidwin Park 2008 -2014 Housing Element Update 8 1 P a 9 e m �s, h. rn This page intentionally left blank. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 10 1 P a g e Resources to Meet Housing Needs The Housing Element indicates that two primary administrative resources are available to assist in the production of housing. The City's Planning Department processes and entities projects to ensure consistency with the City's General Plan and Zoning Ordinance. The Redevelopment Agency has set a specific goal for the production of affordable housing along with promoting the economic well -being of the City. In addition, affordable housing developers can assist with implementation of housing activities. The Element summarizes nine key financial opportunities available to assist in the production, revitalization, or obtainment of affordable housing, as follows: or Community Development Block Grants (CDBG) Program • HOME Investment Partnership • Redevelopment Housing Set -Aside • HUD Mark -to Market Program • HUD Section 811 Pronram • HUD Section 202 Program • Low Income Housing Tax Credits (LIHTC) ■ Section 8 Rental Assistance Program IMMMMM The Housing Plan section of the Element, based on the analysis provided in the needs, constraints, and resources sections, establishes the goals, policies, and programs that will guide City decision - making on housing issues. The Housing Plan is the crux of the Element and provides the basis for environmental review since the plan may lead indirectly to the production of housing. The goals and policies of the Housing Plan are: Goal Maintain and improve the quality of existing housing and residential neighborhoods. Policy 1.1: Encourage the ongoing maintenance and repair of owner- occupied and rental housing to prevent deterioration of housing in the City. Policy 12 Promote the rehabilitation of substandard and deteriorating housing in areas designated for long term residential use. Promote efforts to remove substandard units which cannot be rehabilitated. Policy 1.3: Provide focused code enforcement and rehabilitation efforts in targeted neighborhoods to achieve substantive neighborhood improvements. Policy 1.4: Work to alleviate unit overcrowding by encouraging owners to add bedrooms, baths, and additional living areas in existing, homes. Offer financial assistance for room additions to income qualified households. Policy 1.5: Work to alleviate illegal conversions of garages and patios through code enforcement, supported by rehabilitation assistance. Policy 1.6: Cooperate with non - profit housing providers in acquisition, rehabilitation, and maintenance of older apartment complexes as long -term affordable housing. Policy 1.7: Preserve low- income housing in the City at risk of converting to market rate by monitoring the status of pre - payment eligible projects and identifying financial and organizational resources available to preserve these units. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 11 I P a U e Goal 2 Assist in the development of housing affordable to low- and moderate- income households. Policy 2.1: Provide favorable home purchasing options to lower- and moderate - income households. Policy 2.2: Encourage developers of for -sale housing to utilize the City's first -time homebuyer assistance program to qualify for lower income applicants. Policy 2.3: Continue to provide rental assistance to very low- income households who are overpaying for housing. Policy 2.4: Offer financial and/or regulatory incentives where feasible to encourage the development of affordable housing. Policy 2.5: Assist residential developers in identifying and consolidating parcels suitable for new housing development. Policy 2.6: Actively pursue additional sources of funds for affordable housing. Goal 3 Provide adequate residential sites through appropriate land use and zoning designations to accommodate the City's regional share of housing needs. Policy 3.1: Provide for a range of residential development types in Baldwin Park, including love density single- family homes, small iot single - family subdivisions, medium density townhomes, and higher density apartments and condominiums. Policy 3.2: Implement the Land Use Element, and facilitate development of mixed - use residential projects near Downtown and along North Maine Avenue. Policy 3.3: Maintain consistency between General Plan land use policies and the Zoning Ordinance. Policy 3.4: Continue to provide opportunities for infill housing development in R -3 zones, the City Redevelopment areas, and Mixed -Use areas. Policy 3.5: Promote mixed -use and higher density housing in close proximity to commercial areas and transportation routes for accessibility to services. Policy 3.6: Continue to encourage second units on single - family lots. Goal 4 Mitigate governmental constraints to housing production. Policy 4.1: Periodically review City regulations, ordinances, departmental processing procedures, and residential fees related to rehabilitation and /or construction to assess their impact on housing costs, and revise as appropriate. Policy 4.2: Continue to utilize density bonus incentives to encourage market rate developments to integrate units affordable to lower income households. Policy 4.3: Continue to utilize the Specific Plan process as a means of providing flexible development standards for affordable housing development. Policy 4.4: Continue to utilize the Administrative Adjustment Process and concurrent review process as a means of streamlining development review procedures. Policy 4.5: Designate appropriate zoning districts for the location of transitional housing and emergency shelters, and maintain standards to enhance the compatibility of these uses with the surrounding neighborhood. Goal 5 Promote equal housing opportunity for all residents. Policy 5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical handicap or other such characteristics. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 12 1 P a g e. Policy 5.2: Continue to offer fair housing services to residents, including tenant/landlord dispute and discrimination complaint investigation. Policy 5.3: Provide that displacement of low- income households is avoided and, where necessary, is carried out in an equitable manner. Policy 5.4: Require mobile home and trailer park owners proposing park closures to adhere to State relocation requirements. Policy 5.5: Encourage housing construction or alteration to meet the needs of residents with special needs such as the elderly and disabled. The Implementation Measures included in the Housing Plan are: Program 1: Community Improvement This program is a continuation of a CDBG code enforcement program and works in conjunction with the low- interest Rehabilitation Loan Program and Street Improvements Program. Deterioration and blight can be significant problems in low- income areas. Code enforcement is essential to ensuring housing conservation and rehabilitation. The City's Community Improvement Program is both proactive and reactive; concentrating efforts on reducing blighted conditions on major thoroughfares and in commercial, industrial, and residential areas. Objectives: • Continue to provide proactive code enforcement activities to maintain and improve housing and neighborhood conditions, qualities, standards and property values. • Concentrate efforts on removing blighted conditions from specific areas, such as areas north of Ramona near Maine Avenue and in the southwestern section near the freeways, through the enforcement of existing building codes. Program 2: Home Improvement Residential Program (HIRP) The goal of this program is to offer residents an opportunity to live in a safe environment by offering rehabilitation assistance to low- and moderate- income single - family households. Three programs are included under the Housing Improvement Residential Program, which provide amortized loans, deferred loans, and grants. The Amortized Loan Program provides for substantial rehabilitation to very low -, low -, and moderate income households through loans of up to $35,000 at a 3% interest rate. The Deferred Loan Program provides loans up to $35,000 (at a 1 % interest rate) for substantial rehabilitation to very low- and low- income households, seniors, and handicapped or disabled residents. The Residential Rehabilitation Grants provides grants of up to $5,000 to seniors, disabled, and very-low income households. Staff is considering that the grants be increased to $10,000. Objectives: • Rehabilitate owner - occupied housing units to remove substandard conditions. ■ Provide low interest and deferred loans and grants to lower- income families, with a goal of providing assistance to 25 households per year, providing assistance to a total of 150 households during the 2008 -2014 planning cycle. • Continue to provide assistance through HIRP for the construction of bedroom additions to ameliorate overcrowding conditions. Continue to provide assistance through HIRP for home improvements that provide access and safety for disabled residents. • Continue to provide information on HIRP at public counters and on the City's website. Encourage use of the program to eligible residents who visit the planning department for permits or technical assistance on other types of renovations or remodels. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 13 1 P a g e Program 3: Rental Rehabilitation Program The goal of this program is to improve the City's multifamily rental housing . stock while contributing to safe, decent, and sanitary living environments. This program focuses on investor - owned multi - family rental properties that can be renovated at a modest price. Amortized loans at 3% interest rates are provided contingent on the property owner maintaining 51% of the rental units affordable for the life of the 20 -year loan. Objectives: ■ Redesign and remarket the Rental Rehabilitation Program to increase participation in the program among multifamily housing property owners. ■ Rehabilitate 11 low- and moderate - income units annually, for a total of 66 during the 2008 -2014 planning cycle. Program 4: Preservation of At -Risk Rental Housing Over the next 10 years (2008 - 2018), three federally assisted housing projects which provide a total of 174 affordable units have expiring affordability covenants. These projects — Clark Terrace, Frazier Palm, and Syracuse Park — are owned by for - profit corporations, and as such are considered at high risk of conversion. While the owners have renewed the Section 8 contracts in the past (these three projects were all at -risk during the last planning cycle) and Frazier Park is in the process of getting final approval to extend its contract, it is unknown at this time whether the owners will continue to renew their Section 8 contracts in the future. Objectives: • Monitor the status of the 174 affordable housing units that are at risk of converting to market rate. • Work with owners and property managers to discuss preservation options of affordable housing units at risk of converting to market rate. • Monitor Section 8 legislation and provide technical assistance to property owners as necessary. • Inform non - profit housing organizations of opportunities to acquire and continue affordability of at -risk units. • Inform residents in units that are converting to market rents of affordable housing programs available in the City, including Section 8 and other affordable housing developments. Program 5: First -Time Homebuyer Program The Baldwin Park First -Time Homebuyer Program encourages the transition of low- and moderate - income renters into long -term homeownership. The Homebuyer Program provides low - and moderate- income households the opportunity to purchase a home through the use of gap financing and down payment assistance. Both new and existing housing within established maximum purchase prices are eligible. The City's First -Time Homebuyer Program includes four separate programs: HOME First -Time Homebuyer Program, Set -Aside Funds First -Time Homebuyer Program, Down Payment Assistance, and the Lease to Purchase Program, The HOME First Time Homebuyer Program offers gap financing in the form of no- interest loans of up to $140,000 to low - income households who are purchasing their first home. The Set -Aside Funds First Time Homebuyer Program offers no- interest loans to first -time homebuyers of moderate - income. The Down Payment Assistance Program loan assists low- to moderate - income households and is not restricted to first -time homebuyers. The program {ends seven percent of the purchase price of the home to be used as down payment and for closing costs. The Lease to Purchase Program is a "lease to own" homeownership program that may be used in conjunction with other City programs that offer assistance to homebuyers. Initial Study — City of Baldwin Park 2008-2014 Housing Element Update 14 1 P a - e Objectives: Expand home- ownership opportunities to low- and moderate - income first -time homebuyers. Provide homeownership assistance to 12 households annually, for a total of 72 households during the 2008 -2014 planning period. Program 6: Mortgage Credit Certificate (MCC) As a means of further leveraging homeownership assistance, the City participates with the Los Angeles County Community Development Commission (CDC) in implementation of a Mortgage Credit Certificate Program. An MCC is a certificate awarded by the CDC authorizing the holder to take a federal income tax credit. A qualified applicant awarded an MCC may take an annual credit against federal income taxes of up to 20 percent of the annual interest paid on the applicant's mortgage. This allows more available income to qualify for a mortgage loan and to make the monthly mortgage payments. The value of the MCC must be taken into ccnsi^' °Y ° + ^� ", "k UGi QlIVl1 N� We mortgage lender in underwriting the loan and may be used to adjust the borrower's federal income tax withholding. Objective: ■ Continue to participate in the regional MCC program, and encourage applicants to City's first -time homebuyer program to take advantage of the program. Program 7: Section 8 Housing Choice Voucher Program The Section 8 Housing Choice Voucher Program extends rental subsidies to very low — income, elderly, and disabled households who spend more than 30 percent of their gross income on housing. Participants are able to select any housing that meets the requirements of the program, and are not limited to units located in subsidized housing projects. The program is funded by HUD, and the Baldwin Park Housing Authority coordinates the program for Baldwin Park residents. As of February 2008, 715 Baldwin Park households received Section 8 Housing Choice vouchers, and 3,309 applicants were on the waiting list. Objectives: Participate in efforts to maintain, and possibly to increase, the current number of Housing Choice Vouchers available to Baldwin Park residents, and direct eligible households to the program. Encourage apartment owners to list their properties with the Baldwin Park Housing Authority as eligible to receive Section 8 tenants. Provide priority assistance to displaced households, households residing in substandard housing, and households spending greater than 50 percent of their income on housing costs. Program 8: HOME Tenant -based Rental Assistance Program This new program addresses housing and affordability and alleviates overcrowding by expanding housing choice. The Tenant -based Rental Assistance Program directly assists individual low - income households by paying the difference between actual housing costs and what a household can afford to pay. Tenants are free to select any standard unit, whether or not it is HOME assisted. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 151 P a g Objective: ■ Provide rental assistance to 10 households per year that are currently on the Section 8 waiting list. Program 9: Affordable Housing Development Assistance For - profit and non - profit developers play a significant role in providing affordable housing. The City can assist in the provision of affordable housing through the utilization of CDBG, HOME, and Redevelopment Set -Aside funds to write down the cost of land for development of affordable housing. As part of the land write -down program, the City may also assist in the acquiring and assembling property and in subsidizing on- and off -site improvements. Objectives: ■ Continue to provide financial and regulatory incentives to increase the supply of affordable housing Provide technical •• . �..�.�ut„L ��u�„�y. � �vvsu� ��c,i�iiic;ai and nnanciai (as available) assistance for the development of 20 new affordable housing units during the 2008 -2014 Housing Element using a combination of federal, state, and local funds to provide land cost write-downs and other construction assistance. Continue to meet with nonprofit developers to explore partnerships on a regular basis. ■ Assist developers in the assemblage of property and, as appropriate and necessary, provide land write -downs for affordable housing developments. ■ Provide technical assistance to developers to acquire and assemble properties for affordable housing development. ■ Focus a portion of assistance toward development projects that meet the needs of extremely low -, very low -, and low - income renters and large families. Program 10: Ensure Adequate Sites to Accommodate Regional Fair Share of Housing Growth Based on units developed, approved, and proposed, the City has met the a portion of its RHNA, with a remaining RHNA of 352 housing units, including 185 units for very low- income households, 109 units for low- income households, and 58 units for moderate - income households. As part of the Housing Element update, a vacant and underutilized sites analysis was performed. The analysis evaluated the development potential in the R -3 zone and in Mixed -Use areas. The results of this analysis illustrated that Baldwin Park has adequate sites to accommodate its share of regional housing needs. Objectives: Continue to provide appropriate land use designations and maintain an inventory of suitable sites for residential development. Make the vacant and underutilized residential sites inventory available to non - profit and for - profit housing developers on the City's website. Adopt revisions to the Zoning Ordinance prior to adoption of the 2008 -2014 Housing Element, to implement zoning for mixed -use sites identified. Program 11: Land Use Element and Zoning Ordinance The City completed a comprehensive update of its General Plan in 2002. The Land Use Element sets forth the City's policies for guiding local development and growth. These policies, together with zoning regulations, establish the amount and distribution of land uses within the City. The Land Use Element provides residential development opportunities in traditionally residential neighborhoods and in expanded areas designated Garden Multi - Family along Ramona Boulevard. The Land Use Element also introduced a new Mixed -Use category that allows Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 16 1 P a g e densities of up to 30 units per acre. The higher densities allowed in this designation create opportunities for providing affordable housing. The City has completed a draft Zoning Ordinance revision to be consistent with the updated General Plan, and anticipates adoption of the Zoning Ordinance by mid -2011. Objective: Adopt revisions to the Zoning Ordinance prior to adoption of the 2008 -2014 Housing Element, to achieve consistency with the General Plan. Program 12: Mixed -Use Sites Mixed -use development will add more residential units in the downtown area and along Maine Avenue. Such development is expected to enhance the market for downtown businesses and provide significant opportunities for affordable housing development. Elderly, less - mobile residents, as well as employees of nearby businesses will particularly benefit from such opportunities. The sites inventory indicates a potential for 464 new residential units in mixed -use areas. The City's development standards encourage the development of mixed -use in these areas and interest among developers to complete such projects within Baldwin Park is high. Objectives: ■ Continue to facilitate the construction of residences in mixed -use developments. ■ Continue to provide incentives for lot consolidation in the MU -2 zone through the use of graduated density zoning. ■ Draft and make available at City counters a brochure outlining affordable housing incentives available to developers in Baldwin Park, including density bonuses and the Redevelopment Agency's affordable housing development incentives. • Provide marketing materials on the City's website that delineate site opportunities for mixed -use. ■ Provide technical assistance for interested developers, including land development counseling by City planners and Redevelopment staff and the facilitation of negotiations between property owners to encourage lot consolidation. ■ Establish a protocol to monitor development interest, inquiries and, progress towards mixed -use development. Periodically re- evaluate approach and progress. Program 13: Land Use Controls The Housing Element looks to provide flexibility in residential development standards as a means of reducing the costs of development, thus enhancing unit affordability. The City will continue to utilize the Administrative Adjustment and Specific Plan processes to provide flexibility in height, setback, open space, and parking requirements. Objectives: • Provide flexibility in development standards such as open space, parking, setback and height limits through the Administrative Adjustment and Specific Plan processes. • Draft appropriate development standards to facilitate mixed -use development in areas designated as Mixed Use by the General Plan. Program 14: Density Bonus /Development incentives Density bonuses are granted in Baldwin Park if a development meets California Government Code Section 65915. Pursuant to State law, the City offers density bonuses of between 20 and 35 percent for the provision of affordable housing, depending on the amount and type of housing Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 171 P a g e provided. Financial incentives or regulatory concessions may also be granted when a developer proposes to construct affordable housing. Objectives: ■ Continue to comply with State law provisions for density bonuses as a means to facilitate affordable housing development. ■ Continue to exempt affordable housing projects from certain development fees, such as Quimby and public art fees. Program 15: Expedite Project Review A community's evaluation and review process for housing projects contributes to the cost of housing because holding costs incurred by developers are ultimately reflected in the unit's selling price. The City plans to provide expeditious processing, which will include pre - submittal multi - departmental meeting with the project applicant to help guide the applicant through the process; design review committee findings within ten days of application filing; concurrent processing of applications; and priority scheduling of affordable housing projects for public hearings. Objectives: • Minimize the time required for project approvals, and provide fast track permit processing for projects with an affordable component. • Develop a process for concurrent processing of residential projects, and priority processing for affordable housing developments. Program 16: Extremely Low - Income and Special Needs Housing Extremely low- income households and households with special needs have limited housing options in Baldwin Park. Housing types appropriate for these groups include: emergency shelters, transitional housing, supportive housing, and single -room occupancy (SRO) units. The East San Gabriel Valley Homeless Count Survey estimated 57 homeless in Baldwin Park in 2003. As part of the comprehensive Zoning Ordinance update, the C -1 zone was modified to permit emergency housing by right. Specific siting standards and conditions for approval were developed better facilitate the provision of emergency housing. Objectives: Continue to recognize housing opportunities for extremely low- income persons by allowing emergency shelters by right in the C -1 zone, subject to those conditions and standards as consistent with State law. Subject emergency shelters to the same development standards as other similar uses within the C -1 zone, except for those provisions permitted by State law and included in the Baldwin Park Zoning Ordinance for emergency shelters. Continue to allow the establishment of transitional and supportive housing that function as residential uses, consistent with similar residential uses and pursuant to SB 2. Amend the Zoning Ordinance to facilitate housing opportunities for extremely low- income persons by establishing definitions, performance standards, and siting regulations for single -room occupancy developments (SRO). Program 17: Water and Sewer Service Providers In accordance with Government Code Section 65589.7 as revised in 2005, immediately following City Council adoption, the City must deliver to all public agencies or private entities that provide water or sewer services to properties within Baldwin Park a copy of the 2008 Housing Element. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 18 I P a S e Objective: ■ Immediately following adoption, deliver the 2008 -2014 Baldwin Park Housing Element to all providers of sewer and water service within the City of Baldwin Park. Program 18: Fair Housing Program The City contracts with the Housing Rights Center to provide fair housing services to renters and purchasers of housing in Baldwin Park. Services include housing discrimination response, landlord- tenant relations, and housing information counseling. Objectives: • Continue to assist households through the Housing Rights Center, providing fair housing services and educational programs concerning fair housing issues. Refer fair housing complaints to the Housing Rights Center and assist in program outreach. • Create a brochure that advertises the availability of fair housing counseling. Distribute the brochure at a variety of public locations, including public counters and the Baldwin Park Library. Provide information on fair housing resources on the City's website. • Continue to comply with all State and federal fair housing requirements when implementing housing programs or delivering housing - related services. • Implement recommendations from 2003 Analysis of impediments to Fair Housing Choice related to fair housing. Program 19: Reasonable Accommodation The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation to rules, policies, practices, and procedures where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. While fair housing laws intend for all people have equal access to housing, the law also recognizes that people with disabilities may need extra tools to achieve equality. Reasonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. Reasonable accommodation provides a means of requesting from the local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities and counties are required to consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be "reasonable" based on fair housing laws and case law interpreting the statutes. Baldwin Park has a reasonable accommodation procedure clearly outlined in the Zoning Ordinance. Objective: • Provide information to residents on reasonable accommodation procedures via public counters and the City website. Surrounding Land Uses The Housing Element update applies to all residential zoning districts and all General Plan land use designations that allow mixed -use development within the municipal boundaries of the City of Baldwin Park. In assessing available inventory of land for residential sites, the Element considers mixed use sites, vacant properties, and underutilized residential zones. The analysis indicates that available sites are mostly scattered throughout the City with a concentration of mixed use sites in the downtown area. The surrounding land uses for these sites vary by specific location; however, include General Commercial, Public Facilities, Parks, Neighborhood Commercial, Single - Family Residential, Garden Multi- Family Residential, Mixed Use, and Multi - Family Residential Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 19 1 P a g e- Environmental Setting The Baldwin Park General Plan, adopted in 2002, reflects the current land use policy for the City of Baldwin Park. The EIR prepared for the General Plan, certified in 2002, evaluated the environmental impacts of the General Plan and analyzed the likely growth potential for portions of the City to 2020, the horizon year of the General Plan. The Baldwin Park General Plan FEiR residential projections anticipated 18,516 housing units in 2020.' According to State Department of Finance data, as of January 1, 2006, 16,757 housing units existed in the City. Thus, with a RHNA of 744 (for the period of January 1, 2006 through June 30, 2014), the total dwelling unit count would be 17,501 by June 30, 2014, or 1,015 fewer units citywide than provided for under the current land use policy. The City has achieved a portion of its RHNA through units approved and constructed since 2006. Baldwin Park is located in the San Gabriel Valley approximately 15 miles east of downtown Los Angeles. The San Gabriel Foothills and Los Angeles National Forest lie in the distance to the north, with the Los Angeles Basin to the east south, and ,nest, The City is traversed by two major interstate freeways: the San Bernardino Freeway (1 -10) to the south, and the San Gabriel River Freeway (I -605) to the west. The City of Baldwin Park is highly urbanized and built out with no unique landforms, natural open space, or sensitive biological resources. Baldwin Park is rated as being a "No Special Flood Hazard Area" (no portion of the City lies within a 100 -year flood hazard zone) and no active earthquake faults traverse the City. Baldwin Park has a population of 77,124 persons, housed in 16,757 dwelling units .Z The housing units consist of 11,522 single - family detached homes, 1,632 attached units, 3,328 apartments, and 275 mobile homes. The Baldwin Park General Plan identifies four residential land use designations which include Single - Family Residential (0 -8.7 du /ac), Garden Multi - Family (8.8 -12 du /ac), Multi- Family (121-20 du /ac), and Mixed -Use (0 -30 du /ac). Some residential units in the City are considered nonconforming because they are located within commercial or industrial areas. This condition of widespread nonconforming land use can largely be attributed to land use patterns established through County regulations prior to the City's incorporation, which did not provide for the same separation of incompatible land uses that the City now encourages. As a result, homes and industrial facilities were built adjacent to one another. In particular, two trailer parks (approximately 75 units) in the City are located in non - residential zones. One of the greatest opportunities for infiil development in Baldwin Park is found in areas designated Mixed Use, including the greater Downtown area and along North Maine Avenue, The Housing Element sites inventory identified 11 mixed -use sites with the potential combined capacity for 480 units. Vacant land designated for multi - family residential development totals 1.4 acres with a potential to yield 23 units. Baldwin Park also has a limited reserve of underutilized land, zoned R -3 and general planned as Multi - Family Residential, which contain lower intensity uses. These properties encompass over 9 acres, are transitional in nature, and can convert to multi - family residential use without Planning Commission or City Council approval. As such, recyclable land within the R -3 zone has the capacity to yield 146 units. Taken together, the City of Baldwin Park currently has a reserve of mixed use, vacant, and underutilized land that can accommodate 649 new multi- family units. ' Baldwin Park General Plan FEIR, 2002 (p. 32). 2 CA Department of Finance, 2006. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 20 1 r= a, g e, Other Public Agencies Whose Approval is Required The State of California, Department of Housing and Community Development will review the Housing Element for compliance with State law and indicate whether the adopted Element can be found as in compliance with State housing element law. Assumptions This document is based on the following assumptions: 1. General Plan Consistency: The Housing Element is consistent with the land use policies and all other elements of the City of Baldwin Park 2020 General Plan. As the General Plan is updated and /or amended, the City will ensure that such updates and amendments do not prevent implementation of the policies contained in the Housing Element. 2. Project Specific Environmental Review: In the City of Baldwin Park, all housing development proposals 4 ect , _ .,�,�.�„�,, h.�vNvoc��a 8re Sueelc�t to an environmental impact review process t0 determine the level of impact and to impose appropriate mitigation measures, if needed, to avoid significant impacts. This includes both discretionary projects, subject to the requirements of the Califomia Environmental Quality Act (CEQA), and smalier -scale ministerial projects that require issuance of building permits. 3. Purpose of Housing Element Environmental Review: This project would not authorize any plans for construction of new homes, or redevelopment of any properties to produce new homes. No direct environmental impacts, therefore, would occur. This Initial Study is limited to assessment of potential environmental impacts resulting from the cumulative effects of potential future housing development within the Housing Element planning horizon (i.e. through 2014), in accordance with the City's residential land use policies set forth in the General Plan. The purpose of the environmental assessment is to determine whether there are any peculiar types of impacts that could occur as an indirect result of the Housing Element strategies that were not examined in the General Plan Environmental Impact Report (GP EIR), or if there could be impacts that are more severe than those anticipated in the GP EIR. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 21 1 P a o INITIAL STUDY CHECKLIST The Checklist presented in this Section follows the Checklist format and presentation of information identified in the CEQA Guidelines, Appendix G. Potential environmental effects of the project are classified and described in the checklist under the following general headings: • "No impact' applies where the impact simply does not apply to projects like the one involved. For example, if the project site is not located in a fault rupture zone, then the item asking whether the project would result in or expose people to potential impacts involving fault rupture should be marked as "No Impact." • "Less- Than - Significant Impact' applies where the impact would occur, but the magnitude of the impact conuvei eld iunrosin ifw„cnun or negligible. For example, a development Vt:lh would only slightly increase the amount of surface water runoff generated at a project site would be considered to have a less- than - significant impact on surface water runoff. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less - Than- Significant Impact." Incorporated mitigation measures must be outlined in the checklist, and a discussion must be provided which explains how the measures reduce the impact to a less- than - significant level. This designation is appropriate for a Mitigated Negative Declaration, where potentially significant issues have been analyzed and mitigation measures have been recommended. • `Potentially Significant Impact' applies where the project has the potential to cause a significant and unmitigatable environmental impact. If there are one or more items identified as a "Potentially Significant Impact," an EIR is required. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 22 1 u a g e. ENVIRONMENTAL EVALUATION Substantiation: a) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic vistas within the City's planning area.3 The project does not propose the construction of any new structures that could block views. Therefore, the updated Housing Element would have no impact on scenic vistas. b) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic resources within the City's planning area.4 The California Department of Transportation (Caltrans) does not list any highway within the City of Baldwin Park as an officially designated scenic highway.5 The project does not involve the removal or alteration of any scenic resources. Implementation of the updated Housing Element, therefore, would have no impact on scenic resources. c) No Impact. Since this project would not authorize any design concepts or any plans for construction of new or redevelopment housing, it would not result in any changes in the visual character and quality of any area of the city. To ensure aesthetic quality of future housing projects, the City will continue to require that new project plans incorporate appropriate design features to implement the policies of the Community Design Element of the General Plan. d) No Impact. Since this project would not authorize any design concepts or any plans for construction of new or redevelopment housing, it would not result in any impacts involving light or glare. Existing City standard development procedures, which include the requirements of focusing lighting away from adjacent properties, shielding of lights as appropriate, and the use of non -glare building materials are adequate to prevent significant impacts. 3 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p, 17). 4 Ibid. 5 California Department of Transportation. California Scenic Highway Mapping System. (http: / /www. dot. ca. gov /hq /LandArch /scenic /schwy.htm) Consulted 21112011. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 231 P a c e Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less-Than- Significant No Impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic X vista? b) Substantially damage scenic resources, X including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X character or quality of the site and its surroundings? d) Create a new source of substantial light or X glare, which would adversely affect the day or nighttime views in the area? Substantiation: a) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic vistas within the City's planning area.3 The project does not propose the construction of any new structures that could block views. Therefore, the updated Housing Element would have no impact on scenic vistas. b) No Impact. The Baldwin Park 2020 General Plan does not identify any scenic resources within the City's planning area.4 The California Department of Transportation (Caltrans) does not list any highway within the City of Baldwin Park as an officially designated scenic highway.5 The project does not involve the removal or alteration of any scenic resources. Implementation of the updated Housing Element, therefore, would have no impact on scenic resources. c) No Impact. Since this project would not authorize any design concepts or any plans for construction of new or redevelopment housing, it would not result in any changes in the visual character and quality of any area of the city. To ensure aesthetic quality of future housing projects, the City will continue to require that new project plans incorporate appropriate design features to implement the policies of the Community Design Element of the General Plan. d) No Impact. Since this project would not authorize any design concepts or any plans for construction of new or redevelopment housing, it would not result in any impacts involving light or glare. Existing City standard development procedures, which include the requirements of focusing lighting away from adjacent properties, shielding of lights as appropriate, and the use of non -glare building materials are adequate to prevent significant impacts. 3 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p, 17). 4 Ibid. 5 California Department of Transportation. California Scenic Highway Mapping System. (http: / /www. dot. ca. gov /hq /LandArch /scenic /schwy.htm) Consulted 21112011. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 231 P a c e It. AGRICULTURE AND FOREST RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects lead agencies may refer tC information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and the forest carbon measurement methodology provided in the Forest Protocols adopted by the California Air Resources Board. Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)) or timberland (as defined in Public Resources Code section 4526)? d) Result in the loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non- forest use? Substantiation: Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 0 91 9 a) No Impact. The City has no agriculturally designated zones,6 and no major farm operations remain in the City. According to the California Division of Farmland Mapping and Monitoring Program, no 6 Baldwin Park General Plan, Land Use Element (p. LU -24 to LU -27). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 24 1 P a g e agricultural lands exist within Baldwin Parka Because no properties in Baldwin Park are designated as prime farmland, unique farmland, or farmland of statewide importance, no impact will result. b) No impact. The City has no zones specifically intended for agricultural production, and no major farm operations remain in the City. The California Department of Conservation indicates that no Williamson Act contracts exist in the City of Baldwin Park;$ as such, no impact will result. c -d) No Impact. Baldwin Park is a fully urbanized community, with vegetation limited to street trees and groundcover in local parks and on private properties. The City had no areas designated for forest land or timberland. The Land Cover Mapping and Monitoring Program (LCMMP) identified one area in Baldwin Park as potential forest land: Barnes Park.9 The LCMMP is a satellite photo survey conducted jointly by the California Department of Forestry and Fire Protection and the United States Department of Agriculture Forest Service, Region 5. As such, areas are often identified through this program as forest land that are actually urban parks with limited hardwood trees. Barnes Park is generally composed of turf for field sports and a playground, and is not considered forest. No forest or timberlands exist in Baldwin Park; no impact will result. e) No Impact, Refer to items a) to d) above. No farmland or forest land exists within the City of Baldwin Park. This policy document will not affect farmlands or forest land. No impact will occur. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact incorporated Impact Impact Ill. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan? b) Violate any air quality standard or contribute y substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net y, increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial X pollutant concentrations? 7 California Department of Conservation, Farmland Mapping and Monitoring Program. FMMP Survey Area. _ h_ ttp : /lwww.consrv.ca.gov /dlro /fmmp /overview /survey area map.htm). Consulted 2/1/2011. California Department of Conservation. Williamson Act Program. �ftp: / /ftp.consrv.ca.gov /pub /dirp /FMMP /pdf /2008/losO8 ). Consulted 2/1/2011. California Department of Forestry and Fire Protection and the USDA Forest Service. California Land Cover Mapping and Monitoring Program (LCMMP) (http: / /frap.odf.ca.gov /projects/ ;and cover /index.htmi). GIS data mapped 4/7/10. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 25 1 P P g e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact e) Create objectionable odors affecting a X substantial number of people? Substantiation: a) Less - Than - Significant Impact. The City of Baldwin Park is located within the South Coast Air Basin (SCAB). Air quality in the basin is poor due to its meteorological setting and substantial amount of pollutant emissions. The Basin is considered a "non -attainment" area for ozone and fine particulate matter (PM2.5)10 The Basin is under the Jurisdiction of the South Coast Air Quality Management District ( SCAQMD), which has primary responsibility for non - vehicle related air quality management. The California Air Resources Board (GARB) has primary oversight regarding vehicle related emissions. In a joint effort, SCAQMD and CARE adopted the 2007 Air Quality management Plan (AQMP), creating policies and programs to address regional air quality. T his project would have no effect on AQMP pollution reduction strategies, which are targeted at reducing direct emissions of NO,,, PM2.5, SOX and volatile organic compounds (VOCs) generated by mobile sources such as light and heavy -duty trucks, ships, aircraft, and passenger vehicles, as well as off -road machinery such as construction equipment and consumer products such as aerosol sprays and paints. Key control strategies rely on more efficient combustion engine exhaust systems, lower emission propulsion systems, use of cleaner alternative fuels and limits on total emissions from various sources. Future residential development will be designed and constructed in accordance with the provisions of the Zoning Ordinance and the land use policies of the General Plan. Consistency of the City's land use and transportation policies with the regional AQMP were previously examined in the 2002 General Plan FEIR. Impacts were determined to be less than significant. Implementation of the mitigation measures adopted for the Baldwin Park General Plan goals and policies and related EIR will reduce the air emission impacts. The Baldwin Park General Plan identifies five goals and 21 policies in the Air Quality Element that will contribute to air quality in the City:" Goal 1 Improve air Quality by reducing the amount of air pollution through proper land use planning. Policy 1.1: Establish a new Mixed Use land use category for Downtown which provides for the integration of residential and commercial uses. Establish Downtown as a pedestrian district through development regulations, public improvements, and street design. Policy 1.2: Locate multiple family developments close to commercial areas to encourage pedestrian rather than vehicular travel. Policy 1.3: Encourage the development of higher density housing in close proximity to the City's Metrolink station, Policy 1.4: Provide for the enhancement of neighborhood commercial centers to provide services within walking distance of residential neighborhoods. Policy 1.5: Encourage the design of new residential and commercial areas to foster pedestrian circulation. 10 South Coast Air Quality Management District. Final 2007 Air Quality Management Plan. June 2007 (p. ES -1). " Baldwin Park General Plan, Air Quality Element (p. AQ -15 to AQ -18). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 26 1 i,, a g e Goal Improve air quality by reducing the amount of vehicular emissions through planning for alternative forms of travel. Policy 2.1: Continue to operate the City's fixed route shuttle system, and evaluate expansion of the route as necessary to serve additional centers of activity in the City. Policy 2.2 Cooperate and participate in regional air quality management planning, programs, and enforcement measures. Policy 2.3: Utilize TDM to influence transportation choices related to mode and time of travel Policy 2.4: Create the maximum possible opportunities for bicycles as an alternative transportation mode and recreational use. Policy 2.5: Encourage non - motorized transportation through the provision of bicycle and pedestrian pathways. Policy 2.6: Review the zoning regulations annually to identify whether revisions are required to accommodate and encourage the use of alternative -fuel vehiHPQ (a 1_.g. electric cars) Goal 3 Improve air quality by reducing the amount of vehicular emissions through transportation planning that encourages trip reduction. Policy 3.1: Utilize incentives, regulations and /or Transportation Demand Management (TDM) programs in cooperation with other jurisdictions in the South Coast Air Basin to eliminate vehicle trips which would otherwise be made. Policy 3.2: Utilize incentives, regulations and /or Transportation Demand Management in cooperation with other jurisdictions to reduce the vehicle miles traveled for auto trips which still need to be made. Goal Improve air quality by reducing vehicular emissions through transportation planning improvements that improve the flow of traffic. Policy 4.1: Promote and establish modified work schedules which reduce peak period auto travel. Policy 4.2: Participate in efforts to achieve increased designation, construction, and operation of High Occupancy Vehicle (HOV) lanes on local freeways. Policy 4.3: Encourage employer rideshare and transit incentives programs by local businesses. Policy 4.4: Encourage businesses to alter truck delivery routes and local delivery schedules during peak hours, or switch to off -peak delivery hours. Policy 4.5: Implement citywide traffic flow improvements outlined in the Circulation Element. Policy 4.6: Adopt and implement the required components of the Congestion Management Plan, and continue to work with Los Angeles County on annual updates to the CMP. Policy 4.7: Promote State and federal legislation which would improve vehicle /transportation technology. Goal 5 Reduce particulate emissions to the greatest extent feasible. Policy 5.1: Adopt incentives, regulations, and /or procedures to minimize particulate emissions from paved roads. Policy 5.2 Adopt incentive, regulations, and /or procedures to minimize particulate emissions from unpaved roads, parking lots, and staging areas. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 27 1 P a c e The proposed Housing Element update would not change or conflict with any of these policies. Adherence to such policies and guidelines would reduce potential impacts to a less- than - significant level. b) Less - Than - Significant Impact. Since this project would not authorize any particular design, plan or project proposing construction of new or redevelopment housing, it would not result in any direct emissions that could contribute to an existing or potential violation of an air quality standard. This housing element update would have no effect upon the City's rules and procedures governing assessment or control of air pollutant emissions. Future residential development that may be facilitated by proposed housing policies and programs must conform to the land use policies set forth in the Baldwin Park 2020 General Plan. Potential emissions would, therefore, not exceed levels anticipated in the General Plan FEIR and no new or more significant impacts relative to air quality standards would result from this project. c) Less - Than - Significant Impact. The South Coast Air Basin is currently designated as non - attainment with respect to federal and state ozone standards, as well as federal fine particulate (PM2.5) standards. Ozone levels result from complex set of photochemical reactions stemming from a combination of regional meteorological conditions and basin -wide emissions of a variety of pollutants, including oxides of nitrogen and carbon monoxide. Fine particulates are emitted in the form of fugitive dust and as a component of vehicle exhaust. The GP El concluded that long-term mobile and stationary emissions associated with implementation of the 2020 General Plan would contribute to a significant and unavoidable air quality impact, given the city's location within a non - attainment region. New development facilitated by the Housing Element update will be required to comply with SCAQMD Rule 403 and other applicable measures aimed toward reducing construction - related pollutant emissions, including fugitive dust and other particulates, as well as reactive organic compounds and other ozone precursors found in paints and other coatings. Baldwin Park will continue to cooperate with SCAQMD and SCAG to implement the goals of the General Plan Air Quality Element and the AQMP. Transportation control measures focus on reducing the number of trips, improving traffic flow, and utilizing alternative methods of transportation, all of which help reduce total emissions that contribute to ozone and particulate levels in the region.72 Implementation of the proposed housing programs would not change or otherwise interfere with pollution control strategies and would not change any of the impacts anticipated in the General Plan EIR. This project would not, therefore, have a cumulatively considerable effect on levels of regional ozone or particulates. d) Less - Than - Significant Impact. Sensitive receptors include children, the elderly, pregnant women, and those with existing health problems that are affected by air pollution.13 The project promotes development of housing for single- parent households as well as the elderly. None of the sites identified in the inventory of land suitable for future housing development occurs on or next to a land use that generates emissions harmful to sensitive receptors. Through its standard development review process, the City will ensure that any future housing projects developed pursuant to the proposed housing element policies and programs provide adequate protection for project residents from any local air pollution sources. Project impacts on sensitive receptors would be less than significant. e) Less- Than - Significant Impact. Residential land uses typically do not create substantial odors. in accordance with current practices and City waste disposal regulations, all residential waste must be stored in covered receptacles and routinely removed for disposal at a municipal waste disposal facility, thereby limiting the escape of odors to the open air. No new odor sources would result from adoption of the Housing Element, since it does not authorize construction of any new housing 12 Baldwin Park General Plan FEIR, 2002 (p. 43). 13 California Air Resources Board. Air Quality and Land Use Handbook: A Community Health Perspective, April 2005 (P. I). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 28 1 P a g e IV project or any new projects involving redevelopment or other modifications to existing housing. Further, the updated element would not authorize any relaxation or elimination of current requirements for proper waste storage and disposal for housing - related development projects. Adherence to existing City regulations will limit the escape of odors to the open air. No new odor sources would result from adoption of the proposed project. Therefore, the potential for the project to create objectionable odors is considered less- than - significant. BIOLOGICAL RESOURCES. Would the Project: a) Have a substantial adverse affect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, polices, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) though direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated impact Impact M VIA lA R 1111* * Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 29 1 P a g e Substantiation: a) No Impact. The City of Baldwin Park is highly urbanized and built out with no forest, river, wildlife, or similar resources. 14 As such, no unique, rare, or endangered species of animals or plants exist within the City.15 Therefore, the project will have no impact on endangered, threatened, or rare species or their habitats; or locally designated species. b) No Impact. The City is highly urbanized and built out. What open space does exist is in the form of managed parks and recreational areas. Information included in the 2002 General Plan FEIR indicates that Baldwin Park does not contain any natural areas that support riparian or other sensitive natural communities. c) No Impact. Since Baldwin Park is fully urbanized, there are no remaining natural wetlands. Existence of small areas of artificially created wetland conditions due to urban runoff and storm drainage systems is considered possible, but unlikely. Adverse impacts to wetlands would not occur as a result of implementing the proposed project. d) No Impact. Given its built -out, urban character, and the fact that Baldwin Park is surrounded by urban communities, no wildlife dispersal or migration corridors or wildlife nursery sites pass through or exist within Baldwin Park. Thus, the project will have no impacts on the migration of native or wildlife species. e) No Impact. Sections 153.565 through 153.575 of the Baldwin Park Zoning Ordinance govern tree protection in the City of Baldwin Park. The tree preservation ordinance was adopted to establish regulations and standards to promote the benefits of a healthy urban forest in the City. This project proposes no new construction that could impact trees or the Tree Preservation Ordinance. New development projects are required to abide by the Tree Preservation Ordinance. As such, the updated Housing Element will have no impact on preservation or conservation plans. f) No Impact. No Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan applies to any property within Baldwin Park. Thus, no impact will result. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 14 Baldwin Park General Plan, Open Space and Conservation Element (p. OSC -5). 15 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 19). 1& California Department of Fish and Game. Natural Community Conservation Planning. $ http : / /www.dfg.ca,gov /haboon /ncop /status /) Consulted 4/1112011. 7 U.S. Fish and Wildlife Services. Habitat Conservation Plans: Regional Summary Report. ( http : / /ecos.fws.gov /consery _plans /) Consulted 4/11/2011. 94 Pq Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 30 1 P r a e Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less -Than- Significant No Impact Impact c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? Substantiation: a) No Impact. The Baldwin Park Historical Society has identified several structures of regional and local importance. These are listed in the Baldwin Park 2020 General Plan and recommended for preservation.` In addition, the City's Zoning Ordinance contains a Historic Designation Section that protects and encourages preservation of the City's heritage. The City of Baldwin Park 2008 -2014 Housing Element update does not propose any char ges to historic designations of any recognized historical sites or structures, and would not change or have any effect upon the City's existing preservation objectives or policies. This project would not authorize any adverse impacts to a historical resource. b) No Impact. The City of Baldwin Park is largely built out and does not contain any known archeological resources19, Previous construction and other human activities have likely disturbed or destroyed any archaeological resources that may have been present in the past. The potential for uncovering such significant resource within the city is therefore considered remote, and no impact is anticipated as a result of future housing development. c) No Impact. The City of Baldwin Park is largely built out and does not contain any known paleontological resources (plant and animal fossiIS).20 Previous land development and other human activities have likely disturbed or destroyed any paleontological resources that may have been present in the past. The potential for uncovering significant paleontological resources during new construction or redevelopment projects is therefore considered remote. Since this project would not authorize any plans to construct new homes or redevelop existing housing, it would have no direct effects on paleontological resources. d) No Impact. This project would not authorize any plans for development/construction of new homes or redevelopment of existing housing; therefore, it would have no impact on human remains. Procedures to notify the County Coroner and Native American representatives, as required by California Health and Safety Code Section 7050.5, will be followed should human remains be found during the course of any project constructed pursuant to the proposed housing program. The proposed project will not authorize construction and thus will not physically disturb any site within the City. Therefore, no impact will occur regarding human remains. t8 Baldwin Park General Plan, Open Space and Conservation Element (p. OSC -7). '9 Baldwin Park General Plan EIR- Appendix A, Initial Study (p. 19). 20 Ibid. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 311 P a g e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact incorporated impact Impact VI. GEOLOGY AND SOILS. Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Aiquist- Pnolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic- related ground failure, including y, liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of X topsoil? c) Be located on a geologic unit or soil that is X unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Substantiation: a) R FN i) No Impact. The Housing Element does not involve the construction of any housing units. However, policy implementation may lead to construction consistent with adopted land use policy, and such units could be exposed to hazards associated with fault rupture. Several major faults have been identified in the region with the potential to cause ground shaking damage in Baldwin Park; however, no active faults traverse the City.Z' No portions of Baldwin 21 Baldwin Park General Plan, Public Safety Element (p. PS-4). Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 32 1 P a g e Park are located with a State - designated Alquist- Priolo Earthquake Hazard Zone. 22 As such, impacts arising from fault rupture are not anticipated. ii and iii) Less - Than - Significant impact. The Housing Element does not involve the construction of any housing units. However, policy implementation may lead to such construction consistent with adopted land use policy, and such units could be exposed to seismic hazards. Based on Baldwin Park's location within the seismically active Southern California region, structures in the City are susceptible to ground shaking events. However, potential impacts would not be higher in Baldwin Park than elsewhere in the region. Liquefaction hazards occur where groundwater exists near the ground surface. Data provided by water service providers in Baldwin Park indicate that the depth to groundwater is more than 50 feet. Therefore, the potential for liquefaction is considered IOW. 23 Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code, including specific provisions for seismic design of structures. The project does not itself involve new construction in any area of the City. Housing development proposals pursuant to Housing Element programs will be subject to the seismic, geotechnical review, grading standards, and the building code process. Appropriate measures which reduce the ground- shaking effects of earthquakes are identified in the California Building Code, including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the California Building Code and current professional engineering practices is sufficient to reduce the effects of ground shaking, liquefaction, seismic ground shaking, and ground failure below the level of significance. iv) No Impact. The majority of the City of Baldwin Park is relatively flat and there are no canyons or steep topographic incisions. 24 As such, impacts involving landslides or mudflows would not occur. b) Less -Than- Significant impact. The 2008 -2014 Housing Element is a policy document and will not result directly in the construction of any housing developments. The City of Baldwin Park is highly urbanized and built out with a general absence of native topsoil within residential development areas in particular. In assessing available inventory for residential sites, the Housing Element considers mixed use sites, vacant properties, and under - utilized residential zones. The analysis indicates that available sites are less than an acre in size and mostly scattered throughout the City. Therefore, temporary disturbance of soils, controlled through routine compliance with a Storm Water Pollution Prevention Plan (SWPPP) as required under the NPDES General Construction Permit, and the City's standard grading /erosion control measures, would not result in significant erosion impacts. c) Less - Than - Significant Impact. Liquefaction and seismically induced settlement or ground failure are generally associated with strong seismic shaking in areas where ground water tables are at relatively shallow depths (within 50 feet of the ground surface) and /or when the area is underlain by loose, cohesionless deposits. During a strong ground shaking event, saturated, cohesionless soils may acquire a degree of mobility to the extent that the overlying ground surface distorts. In extreme cases, saturated soils become suspended in groundwater and become fluid -like. Data provided by water service providers in Baldwin Park indicate that the depth to groundwater is more than 50 feet. Therefore, the potential for liquefaction is considered low.25 Differential settlement potential is characterized by uneven ground settlement due to the presence of peat and weak clayey soils near the ground surface, as induced by the weight of a building. Seismic settlement often occurs when loose to medium dense granular soils settle during ground shaking, and can cause structural damage to buildings when settlement is non - uniform. These ground settlement 22 California Department of Conservation and California Geologic Survey, Alquist - Priolo Earthquake Fault Zones. �http: / /www. quake .ca.gov /gmaps /ap /ap_maps.htm) Consulted 4/11/2011. 3 Baldwin Park General Plan FEIR, 2002 (p. 89 -91). 24 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 20). 25 Baldwin Park General Plan FEIR, 2002 (p. 89 -91). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 33 1 P a c e hazards may be identified by on -site geologic investigations that are required from individual developments. Existing City development project review practices include review of soils and geotechnical reports which document in -field conditions. Standard engineering techniques are required, as appropriate, to guard against seismic - related hazards. If a significant potential for liquefaction is suspected to exist for a location, the Department of Conservation Special Publication 117 Guidelines For Evaluating And Mitigating Seismic Hazards in California would also be used as a guide in the assessment and mitigation of the hazard .26 The 2008 Housing Element does not, itself, propose construction of any new specific development. All future residential projects will be evaluated to determine if a geotechnical assessment is warranted. The geotechnical assessment would identify unstable materials and would determine appropriate mitigation measures. Continued implementation of this routine development review procedure will reduce impacts to less than significant. d) Less - Than - Significant Impact. In assessing available inventory for residential sites, the Housing Element considers mixed use sites, vacant properties, and underutilized residential zones. There have been no indications of expansive soils problems in these areas, where extensive development has occurred. Presence of such soils, and identification of measures to eliminate this constraint such as removal and replacement with suitable engineered materials, will be determined through site - specific geotechnical evaluations to be conducted as part of the City's routine development review procedures. AS Such, potential impacts associated with expansive soils would be less than significant. e) No Impact. Baldwin Park is an urbanized community. Any new residential development facilitated by implementation of Housing Element policies will be required to connect to and utilize public sewer systems. Thus, no impact relative to the use of septic tanks or alternative waste water disposal systems will result. VIL GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Substantiation: Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact P FA a) Less - Than - Significant Impact. Atmospheric gases allow solar radiation into the atmosphere but prevent heat from escaping, thus warming the Earth's atmosphere. These gases are often referred to as greenhouse gases, or GHG. Greenhouse gases are released into the atmosphere by both natural and anthropogenic (human) activity. The principal greenhouse gases resulting from anthropogenic activity that enter and accumulate in the atmosphere are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases such as hydrofluorocarbons. The accumulation of these gases in the atmosphere at levels in excess of natural activity levels increases the Earth's temperature, resulting in changing climatic conditions in different parts of the 26 Baldwin Park General Plan PEIR, 2002 (p. 89). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 34 1 P a c e planet, including California. Potentially adverse long -term climate change effects in California have been predicted by the California Climate Action Team, a consortium of California governmental agencies formed to coordinate efforts to meet the State's greenhouse gas reduction targets. Such climate change effects could include: ■ Reduced snow pack and water runoff from snow melt in the Sierra Mountains, adversely affecting California's water supplies ■ Increased temperatures, drier conditions that could increase wildfire hazards ■ Sea -level rise that could increase flood hazards along parts of the California coastline, increase intrusion of salt water into coastal aquifers, and potentially increased storm runoff and high tides could overwhelm sewer systems Future residential development in Baldwin Park will be designed and constructed in accordance with the provisions of the Zoning Ordinance and the land use policies of the General Plan. The proposed Housing Element will not change any land use policy or any building regulations, and thus would not raise or otherwise change development levels that could contribute to an increase in greenhouse gases. As noted in Section 111 (Air Quality) above, the Baldwin Park General Plan identifies 22 policies in the Circulation, Air Quality, and Housing Element that will work toward improved air quality in the City and throughout the region. Many of these policies will also decrease greenhouse gas emissions by establishing a mix of land uses and reducing vehicle miles traveled. The proposed Housing Element update would not change or conflict with any of these policies. The proposed Housing Element does not include any regulations or other policies that would encourage inefficient building practices that could affect the volume of greenhouse gas emissions that would otherwise occur under existing land use policy. The proposed Housing Element does not create the ability for any new development to occur that would not otherwise occur, and does not authorize any specific development project. As such, its adoption would not directly generate any greenhouse gas emissions. The Housing Element is specifically intended to facilitate the development of housing as allowed by existing land use policy. The infill housing sites identified directly encourage jobs /housing proximity and higher - density development in mixed use areas, per adopted General Plan land use policy, providing opportunities to reduce greenhouse gas emissions. Implementation of the proposed Housing Element would not affect building energy demands nor generate any additional vehicle trips (nor more miles traveled) beyond those developed pursuant to the General Plan. Review of future projects will continue to be carried out to ensure that the projects are consistent with all General Plan goals, objectives, and policies, including those that contribute to regional greenhouse gas reduction efforts. New California Building Code regulations, in effect beginning January 1, 2011, will further increase energy efficiency in new residential buildings, thus reducing total energy demand and thereby reducing the level of greenhouse gas emissions generated from coal, natural gas, and oil -based energy sources. Adherence to such policies and guidelines would reduce potential impacts to a less- than - significant level. b) Less -Than- Significant Impact. A variety of standards and regulations have been passed in California since the 1970s that either, directly or indirectly affect greenhouse gas emissions and climate change. Of those regulations, Assembly Bill 32, the California Climate Solutions Act of 2006 (AB 32), is considered the most important legislation designed to decrease greenhouse gas emissions in California history. AB 32 requires that statewide greenhouse gas emissions be reduced to 2000 levels by the year 2010, 1990 levels by the year 2020, and to 80 percent less than 1990 levels by year 2050. These reductions will be accomplished through an enforceable statewide cap on greenhouse gas emissions that will be phased in starting in 2012. In 2008, Senate Bill 375 (SB 375) was adopted in part to implement AB 32 goals for reduction of transportation -based greenhouse gas emissions through the direct linkage between regional transportation and land use /housing planning. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 35 1 P a g As discussed in Section VII a) above, housing sites identified in the updated Housing Element consist of sites designated for residential or mixed -use in the City's General Plan, including mixed uses along the Maine Avenue corridor, in downtown, and near the Metrolink station. As such, the targeted housing sites will help achieve the goals of reducing vehicular trips and thereby help reduce total vehicular -based greenhouse gas emissions. The 2008 -2014 Housing Element is consistent with the City's General Plan and Zoning Ordinance, and does not conflict with AB 32, SB 375, or any plans or programs that have been adopted to achieve those legislative mandates. In addition, the City is participating with the San Gabriel Valley Council of Governments (SGVCOG) and the Southern California Association of Governments (SLAG) in the development of the regionwide Sustainable Communities Strategy to implement SB 375 by reducing vehicular -based greenhouse gas emissions. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact Vill. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or X the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or X the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a X list of hazardous materials sites compiled pursuant to Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for the people residing or working in the project area? f) For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for the people residing or working in the project area? Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 36 1 P a c e Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less -Than- Significant No Impact Impact g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant X risk of loss, injury or death involving wildiand fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a -b) No Impact. As noted throughout this initial Study, the 2008 -2014 Housing Element Update is a policy and programmatic document to facilitate maintenance of the existing housing stock and production of new housing to meet the targeted housing needs of the community. Residential development does not require and is not expected to require manufacture, use, transportation, disposal or storage of dangerous quantities of hazardous materials. Residential uses do not generate hazardous wastes or emissions, except for very small quantities of typical household cleaning agents, automotive maintenance products, paints, pesticides and herbicides. The City's Household Hazardous Waste Element and Source Reduction and Recycling Element, respectively, outline methods for the safe disposal of hazardous wastes generated by households and formalize the City's integrated waste management procedures.27 The proposed Housing Element update would not conflict with any portions of the Household Hazardous Waste Element nor the Source Reduction and Recycling Element and would not exempt any future housing from the City's programs to control and safely dispose of hazardous materials and wastes or to reduce the volume of wastes requiring landfill disposal. Thus, no impact will result. c) No Impact. Future residential development that may be facilitated by this housing element update would not generate hazardous air emissions, and would not involve the handling of any acutely hazardous substances or wastes. d) No Impact. A review of the latest Cortese List compiled pursuant to California Government Code Section 65962.5 identified one Superfund site within the City.28 In assessing available inventory for residential sites, the Housing Element considers mixed use sites, vacant properties, and under- utilized residential zones. The analysis concluded that there are approximately 114 properties available to accommodate the RHNA, none of which are identified on the "Cortese List." As such, implementation of the Housing Element Update would not result in placement of any homes on a contaminated site. Furthermore, since the project involves no physical ground - disturbing activities or generation of hazardous materials, no impact on a site listed on the Cortese database will occur. Any development project on any identified contaminated site will be required to comply with all City, County, and State regulations regarding remediation. No impact will result from the project. e) No Impact. The City is not located within two miles of a public airport .29 No impact will occur. f) No impact. The City is not located within two miles of a private airstrip.30 No impact will occur. 27 Baldwin Park General Plan, Open Space and Conservation Element (p. OSC -3). 2e California Department of Toxic Substances Control. EnviroStor: Hazardous Waste and Substances Site List. [April 12, 2011] 29 Baldwin Park General Plan FEIR, 2002 -Appendix A, initial Study (p. 21). Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 37 1 P a g e g) No Impact. The Baldwin Park Multi- hazard Functional Plan and the Baldwin Park Emergency Preparedness Plan outline emergency response actions in the event of a hazardous materials emergency.31 The City of Baldwin Park 2008 -2014 Housing Element update would not change or interfere with these emergency response plans. The project does not propose any alteration to vehicle circulation routes and thus will not interfere with the Multi- hazard Functional Plan or the Baldwin Park Emergency Preparedness Plan. In accordance with City policies, coordination with fire and police departments will occur as part of the review process of individual projects to guard against potential interference with emergency response and evacuation efforts. Thus, no impact will result from the project. h) No Impact. In this fully urbanized area, there are no wildland fire hazards. 32 No impact from wildland fire would occur. Potentially Significant Potentially unless Less-Than- Significant Mitigation Significant No Impact incorporated Impact Impact in. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste y, discharge requirements? b) Substantially deplete groundwater supplies X or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of the pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage }( pattern of area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 30 Ibid. 3' Baldwin Park General Plan, Public Safety Element (p. PS -1 1). 32 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 21). Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 38 1 P a g e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact e) Create or contribute runoff water which )( would exceed the capacity of the existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water X quality? g) Place housing within a 100 -year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area X structures which would impede or redirect flood flows? i) Expose people or structures to a significant X risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X Substantiation: a) Less Than Significant Impact. The project is a policy document that facilitates the production of housing, and does not include any components which would change or conflict with water quality regulations or any waste discharge standards. All new development projects must comply with the City's local procedures to control storm water runoff to prevent violations of regional water quality standards, in accordance with its co- permittee obligations under the countywide municipal storm water permit program, a component of the NPDES program of the federal Clean Water Act. All future residential development must connect to the City's sanitary sewer system; direct discharges of wastewater to surface or ground waters would not be permitted. b) No Impact. The proposed project will not result in any development beyond that anticipated in the General Plan and analyzed in the General Plan FEIR. As stated in the General Plan FEIR, long- term implementation of land use policy will not result in a significant environmental impact with regard to groundwater flow or quality. 33 Due to the fully urbanized character of this area, there is no land being conserved for groundwater recharge or production. New housing and redevelopment housing projects would not be permitted in any area that could affect the production capacity of those wells, and septic tanks or other kinds of subsurface discharges of wastewater would be allowed. c) Less Than Significant Impact. The 2008 -2014 Housing Element is a policy document and will not result directly in the construction of any housing developments. In assessing available inventory for residential sites, the Housing Element considers mixed use sites, vacant properties, and under- utilized residential zones. The analysis indicates that available sites are less than an acre in size and mostly scattered throughout the City. As such, given the relatively small size of the available 33 Baldwin Park General Plan FEIR, 2002 (p. 74 -75 and Appendix A p. 22). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 39 1 P a c e sites, implementation of the Housing Element could not affect existing surface drainage patterns and would therefore have no related erosion or siltation effects. d) Less - Than - Significant impact. Baldwin Park is an urbanized area, with drainage infrastructure well established. All new housing or redevelopment projects will be required to construct the necessary drainage improvements to adequately accommodate any additional runoff, in compliance with existing City requirements. Thus, standard City project review practices will ensure a less- than-significant impact. e) Less - Than - Significant Impact. Residential development typically does not generate significant water pollutants through point discharges, but does contribute to water quality impacts due to community -wide and regional urban runoff. Baldwin Park is an urbanized area, with drainage infrastructure well established. At the individual project level, the City will conduct site plan review to ensure that any runoff associated with a project is properly controlled and released into storm drains in volumes consistent with existing or planned capacity. Thus, standard City project review practices will ensure a less - than - significant impact. f) No Impact. The proposed Housing Element {Update would not result in any new or more extensive sources of water pollutants. g -h) No Impact. The City of Baldwin Park is not located within a 100 -year flood hazard area.35 The National Flood Insurance Program rate maps classify all of Baldwin Park as an area X (little chance of flooding).36 No impact will occur. No Impact. Failure of the Santa Fe Dam due to seismic activity could possibly result in flooding in parts of Baldwin Park and many communities in the San Gabriel Valley. However, due to the design of the Santa Fe dam, and the fact that water is present only a few months of the year, there is very little chance of flood due to a rupture of this dam. Because of the construction practices and ongoing programs of review and modification, catastrophic dam failure is considered unlikely.37 The proposed project does not authorize any development that would increase the risk of exposure of people or structures to dam inundation hazards beyond those identified in the 2002 General Plan FEIR. No impact would result. j) No Impact. The City of Baldwin Park is not located near any body of water or water storage facility that would be considered susceptible to seiche.38 Baldwin Park is located many miles inland from the Pacific Ocean and as such, is not subject to tsunami hazards. The City is relatively fiat and fully urbanized and therefore is not susceptible to mudflows. No impact will result. 34 Baldwin Park General Plan FEIR, 2002 - Appendix A, initial Study (p. 22). " Ibid, (p. 23). 3s FEMA Flood Insurance Rate Maps (FIRMs) for Baldwin Park (Revised September 26, 2008). 37 Baldwin Park General Plan, Public Safety Element (p. PS-4), 38 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 23). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 40 1 P a g e Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated X. LAND USE. Would the project: Less -Than- Significant No Impact impact a) Physically divide or disrupt an established X community? b) Conflict with any applicable land use plan, X policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat Y conservation plan or natural communities conservation plan? Substantiation: a) No Impact. The Housing Element sets forth policies and programs to encourage housing development consistent with adopted land use policy. As such, Element implementation will not provide for new land uses or infrastructure systems such as new roadways or flood control channels that would divide or disrupt neighborhoods in Baldwin Park. No impact will result. b) No Impact. The Housing Element sets forth policies to encourage housing development consistent with adopted land use policy, which has been put in place to create a balanced community and minimize environmental effects associated with development. The project does not propose any goals, policies, or programs that would conflict with adopted General Plan goals, policies, or programs. The City is in the process of comprehensively updating the Zoning Ordinance to ensure consistency between the General Plan and implementing development standards and regulations. A Draft Zoning Ordinance has been written and is undergoing review by the public, Planning Commission, and City Council, and is anticipated to be adopted shortly before Housing Element adoption. The proposed Housing Element would not conflict with existing or draft zoning regulations. c) No Impact. The City of Baldwin Park is highly urbanized and built out with no forest, river, wildlife, or similar resources.39 As such, Baldwin Park does not have a habitat or natural community conservation plan. Therefore, there will be no impact. 39 Baldwin Park General Plan, Open Space and Conservation Element (p. OSC -5). Initial Study -- City of Baldwin Park 2008 -2094 Housing Element Update 41 1 P a g e XII. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of }( excessive ground borne vibration or ground borne noise? c) A substantial permanent increase in ambient X noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase X in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 40 Baldwin Park General Plan FEIR, 2002. Appendix A, Initial Study (p. 23). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 42 1 Pad e Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant impact No Impact XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known X mineral resource that would be of value to the region and to the residents of the state? b) Result in the loss of availability of a locally X important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Substantiation: a -b) No Impact. No known mineral resources exist within the City of Baldwin Park. 4" Therefore, no impact will result. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XII. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of }( excessive ground borne vibration or ground borne noise? c) A substantial permanent increase in ambient X noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase X in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 40 Baldwin Park General Plan FEIR, 2002. Appendix A, Initial Study (p. 23). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 42 1 Pad e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private X airstrip, would the project expose people residing or working in the project area to excessive noise levels? Substantiation: a) Less- Than - Significant Impact. The General Plan FEIR determined that future traffic noise levels resulting from implementation of the land use policy map and the circulation element would result in a less than audible, thus less than significant, increase in local noise levels.4t Noise produced by new stationary sources, such as industrial sites, must be mitigated to acceptable levels in accordance with the guidance and criteria established in the Noise Element. Furthermore, the Noise Element includes noise /land use compatibility standards to ensure that new development does not expose people to noise levels above the City's planning standards. Since the proposed housing element update would not change or conflict with any land use policies or any noise element policies, there would be no change in the impacts anticipated in the GP FEIR. b) No Impact. The Metrolink Commuter Rail line runs northeast/southwest through Baldwin Park for approximately 3 miles. Within the City, adjacent to the right -of -way of the Metrolink Rail Line tracks, there are over 170 residences. The noise and vibration generated by the Metrolink trains were measured as they passed through the City and the results were analyzed and compared to existing codes and standards. The noise impact, especially horn noise, was identified as intrusive to close proximity residents, although there are no prevailing standards for code compliance.42 The proposed project, consistent with the adopted land use plan and policies, would not allow for any new residential uses along the railroad corridor and would thus not result in any impacts involving groundborne train noise and vibration. Any future homes built as part of a mixed use project must be protected from transfer of noise and vibration from adjacent non - residential uses, in accordance with Noise Element Policy 3.2. This project would not result in impacts involving groundborne noise or vibration. c) Less - Than - Significant Impact. Please refer to the response to item XI.a) above. The proposed project does not involve any development activity, nor does the project allow for any new land uses in Baldwin Park that would lead to the establishment of a noise environment different than that existing in the City today. All land use activities will be required to comply with the noise regulations contained in Section 153.140.070 of the updated Zoning Ordinance. No impact will result. d) Less - Than - Significant Impact. The proposed project is a policy document that will not directly result in any new construction; no temporary increases in noise levels would occur. As discussed in the General Plan EIR, construction noise from all types of construction must occur within the time limits set forth in the Municipal Code; i.e., between 7:00 A.M. and 7:00 P.M on weekdays and between 8:00 A.M. and 5:00 P.M. on Saturdays. Further restrictions apply on Sundays and federal holidays. Continued enforcement of these restrictions will reduce temporary noise impacts associated with new housing construction to below a level of significant. e -f) No Impact. There are no public airports within two miles of Baldwin Park, and no airport land use plan applies within the City limits.43 No impact would result. 41 Baldwin Park General Plan FEIR, 2002 (p. 69). 42 Baldwin Park General Plan FEIR, 2002 (p. 68). 43 Baldwin Park General Plan FEIR, 2002. Appendix A, Initial Study (p. 24). Initial Study — City of Baldwin Park 2006 -2014 Housing Element Update 43 1 P a 0 e f) No Impact. There are no private airstrips within two miles of the city, 44 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in the X area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension or roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people X necessitating the construction of replacement housing elsewhere? Substantiation: a) No Impact. The Housing Element establishes policy to facilitate the development, between 2008 and 2014, of at least 491 housing units, pursuant to the RHNA. The RHNA process allocates housing goals to cities and counties in the SCAG region to accommodate anticipated regional population growth. The project will not result in any increase beyond the population estimates presented in the General Plan. The Housing Element update will not change the City's existing land use policies, circulation, water, sewer, or storm drainage plans. The proposed Housing Element does not create the ability for any new development or infrastructure project to occur that would not otherwise occur, and does not authorize any specific development or infrastructure project. For these reasons, the project is not considered to be growth inducing. b) No Impact. The updated Housing Element sets forth policies and programs which encourage and facilitate housing production, and which aim to preserve and enhance the existing housing stock. Further, the project does not authorize the development or redevelopment of housing on a particular site, and does not revise existing land use policy. No displacement of existing housing would occur due to this project. c) No Impact. This project would not permanently displace people since it does not involve the demolition of any housing or the rezoning of any properties designated for residential use. It would have no effect on any economic factors that could, for example, trigger a relocation of a number of employees of a firm that moves to a different region, where new housing would be needed for the relocated employees. No impact is anticipated. 44 Ibid. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 44 1 P a a e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XIV. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of the new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire Protection? X b) Police Protection? c) Schools? X d) Parks? X e) Other public facilities? X Substantiation: a -e) Less -than- Significant Impact. The Housing Element sets forth policies and programs to encourage housing development consistent with adopted land use policy. Residential development constructed pursuant to Housing Element policy will incrementally increase the need for fire and police protection services. However, no new or expanded public services facilities will need to be constructed to facilitate implementation of the Housing Element objective to meet the RHNA targets for the City by 2014, Because the project does not involve any construction activity, it will not directly impact the provision of fire, police, school, park, or library services. Impacts of population growth on these services were analyzed by the General Plan FEIR and found to be less than significant.45 As noted in the Environmental Setting of this document, RHNA targets are consistent with population growth assumptions utilized in the General Plan FEIR. Since the updated Housing Element would not change or conflict with any of the City's adopted growth management policies, it would not result in different or more severe impacts involving expansion of public services. Furthermore, residential development is subject to development impact fees and /or community assessments to compensate for the need for additional fire and police protection services, The construction of any new fire, police, school, park or other governmental facilities will proceed in compliance with applicable existing regulations, same as any other development in the City. These regulations include environmental review as appropriate as well as requirements and specifications for building construction defined in accordance with the City's zoning and safety ordinance. The City has adopted the California Building Code, which contains structural requirements for existing and new buildings. Compliance with these regulations will prevent the occurrence of significant impacts on the physical environment, and this impact is considered less than significant. 45 Baldwin Park General Plan FEIR, 2002. Appendix A, Initial Study (p. 25). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 45 1 P a g e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XV. RECREATION a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Substantiation: a) Less - than - Significant Impact. The City's Park Master Plan designates over 530 acres of land as open space, including parks, joint -use school playgrounds, utility rights -of -way, and water channels. However, very little of the open space is actually park land and available for recreational use. Therefore, 15 policies in the General Plan address providing enhancements to existing park facilities and recreational programs and pursuing additional funding to support these enhancements. as The project does not involve the development or redevelopment of housing units, but does include policies that could facilitate development of future housing. New residents could place an increased demand on City park facilities. Further, given the extent of the current deficit in parkland and other recreational facilities, the utilization of the available parks and facilities is anticipated to intensify substantially. As a result of heavy use, some parks and facilities in the City may deteriorate. Implementation of the park and recreation - related policies contained in the Open Space and Conservation Element will relieve some burden on the existing parks and may provide additional park and recreational opportunities for Baldwin Park residents.47 The project will not facilitate any new development activity beyond that analyzed in the General Plan FEIR. As indicated in the General Plan FEIR, new development activity facilitated by land use policies will lead to demand for increased park space; however, the City has limited ability to provide additional park facilities. While this impact was identified in the General Plan FEIR as significant and unavoidable,48 adoption and implementation of the Housing Element update will not result in any new development potential beyond that previously analyzed. No new impact will result. b) No Impact. The project does not include plans for or construction of any recreational facilities and would not affect any of the City's planning for new recreation facilities based on the existing land use policy map. 46 Baldwin Park General Plan, Open Space and Conservation Element (p. OSC-4 to OSC -5). 47 Baldwin Park General Plan FEIR, 2002 (p. 84). 48 Baldwin Park General Plan FEIR, 2002 (p. 81 -85). Initial Study — City of Baldwin Parts 2008 -2014 Housing Element Update 46 1 n a g e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial X in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratios on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a X level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, X including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design X feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X g) Conflict with adopted policies, plans, or X programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Substantiation: a) Less- Than - Significant impact. As noted in the General Plan, about 60 percent of the projected long term increase in traffic will be due to new development in the city, while the remaining 40 percent will result from other sources outside of the city. Forecasts for Year 2020 conditions indicated that traffic congestion is likely to increase significantly along five key roadway segments, due to the combination of growth within and outside of the city. 49 Traffic generated by new development in the city would also contribute to regional increases in freeway traffic, which are expected to become increasingly congested. The General Plan FEIR indicates that new development activity facilitated by land use policies will, over the long term, lead to a decrease in operating conditions at five intersections in Baldwin Park from level of service (LOS) D to LOS F, and one intersection now operating at LOS F will not improve. While these impacts were identified in the General Plan FEiR as significant and unavoidable, 5o adoption and implementation of the Housing Element update will not result in any new development potential beyond that previously analyzed. The proposed project would not affect any land use or circulation policies of the General Plan and would not change any of the anticipated 49 Baldwin Park General Plan FEIR, 2002 (p. 49 to 53). 50 Baldwin Park General Plan FEIR, 2002 (p. 45 -64). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 471 P a o e traffic impacts assessed in the GP EIR. Future residential development projects will be assessed with respect to localized traffic impacts, as part of the City's standard development review process, and measures to mitigate the potentially significant impacts of each project will be identified in that process. b) Less - Than - Significant Impact. There are no CMP arterials or intersections which pass through Baldwin Park. The San Gabriel River Freeway (1 -605) and the San Bernardino Freeway (1 -10) are both elements of the Los Angeles County CMP network.,' The Los Angeles County Metropolitan Transportation Authority (Metro) is the agency responsible for planning and operating regional transit facilities and services in Los Angeles County. Metro prepares the Los Angeles County CMP mandated by state law. The Los Angeles County CMP identifies the transportation network, establishes service levels for network routes, and identifies strategies to reduce congestion. Projects required to prepare an EIR by the local jurisdiction are required to comply with the CMP's Land Use AnaVis Program that is designed to guide local jurisdictions on determining impacts to CMP facilities. s An EIR is not required for the proposed housing element update project. Furthermore, projects exempt from the CMP Land Use Analysis Program include low- income housing; high- density residential proie tc and mixed -uGe projects, Housing Element Policies provide that new residential projects will generally occur in these forms of development. Since the updated Housing Element would not authorize any particular development project, it would not directly impact any roadway designated in the Los Angeles County CMP. The Housing Element is consistent with adopted land use and mobility policies of the Baldwin Park General Plan. impacts are less than significant. c) No Impact. The project does not propose actions or programs that would affect, or be affected by, air traffic facilities. As such, the project will have no air traffic impacts. d) No Impact. The project does not involve the construction of any roadway; no impact will result. e) Less- Than - Significant Impact. The project does not involve any road construction or any development activity and thus will not obstruct or restrict emergency access to or through the City. Future housing development facilitated by implementation of Housing Element policies will be subject to site plan review. In conjunction with the review and approval of building permits, the City of Baldwin Park reviews all plans to assure compliance with all applicable emergency access and safety requirements. With continued application of project review procedures, impact will be less than significant. f) No Impact. The proposed housing policies and programs would not conflict with or have an effect on any local or regional policies involving support of alternative transportation. The Housing Element is consistent with the General Plan Mobility and Land Use Elements, promoting mixed -use development with easy access to goods and services. The project would have no impact on alternative transportation plans. 51 Baldwin Park General Plan FEIR, 2002 (p. 58). 52 Metropolitan Transit Authority. Draft 2010 Congestion Management Plan for Los Angeles County, (p. 44). Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 48 1 P a a e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated impact Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of X the applicable Regional Water Quality Control Board? b) Require or result in the construction of new )( water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new X storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted X capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and /or odors)? Substantiation: X 0 0 a -b) Less- Than - Significant Impact. The 2020 General Plan EIR determined that impacts to the local and regional wastewater collection and treatment system would not be significant. The proposed project would not result in any changes in the number or location of anticipated new housing units. Furthermore, this project would not change or interfere with Regional Water Quality Control Board wastewater treatment requirements. Impacts of this project would be less than significant. Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 49 1 P a g e c) Less- Than - Significant Impact. Future residential development constructed pursuant to the proposed housing strategies may require localized improvements to storm drain facilities. As noted in the General Plan FEIR, construction of on -site improvements /infrastructure by individual developments is not anticipated to result in significant impacts on the physical environment.53 Such improvements are typically minor, involving underground pipelines, culverts and similar facilities, constructed in accordance with existing regulations and standards. Such localized improvements would not result in new or more significant environmental effects beyond those anticipated by the General Plan FEIR. d) No Impact. Potable water in Baldwin Park is provided by three water companies: Valley County Water District (VCWD), San Gabriel Valley Water Company, and Valley View Mutual Water Company. The VCWD is the City's largest water supplier and serves approximately 55,000 people in parts of Baldwin Park, Irwindale, West Covina, and Azusa. The 2020 General Plan FEIR determined that long -term implementation of the Plan would not result in a significant impact with respect to water supply entitlements. The City of Baldwin Park 2008 -2014 Housing Element would not change the number or location of future housing imitc anticipated by the GP Each. ther.�for this --�_. _.. ._...._ ... -..... ..... ... .., u� , utcici� uaa project would not significantly affect water supply entitlements or resources. e) Less- Than - Significant impact. The General Dian FEIR concluded that implementation of the 2020 General Plan would not result in significant impacts involving the capacity of wastewater collection or treatment facilities.54 Trunk lines and wastewater treatment plant facilities maintained by the County Sanitation Districts of Los Angeles County will be expanded over time, in accordance with growth levels identified in the regional growth management strategy. This project would not change any growth levels anticipated in the 2020 General Plan and would, therefore, have a less than significant impact on wastewater treatment and collection facilities. f) Less - Than - Significant Impact. Cumulative impacts on landfill capacity, specifically the Puente Hills Landfill that receives a majority of the city's solid wastes, were determined in the GP EIR to be significant and unavoidable, even if the City is fully successful in its waste diversion programs. This impact is due to the cumulative effects of regional growth, not just the waste stream from Baldwin Park this updated housing program would not affect building technologies or any other aspects of the residential waste stream and would not change solid waste impacts anticipated in the GPEIR. g) No Impact. None of the proposed housing strategies would have any effect upon or result in any conflicts with solid waste disposal regulations. h) No Impact. As part of its routine development review procedures to assure compliance with its obligations as a co- permittee for the countywide Municipal Stormwater NPDES Permit, the City will review future housing projects to ensure that they incorporate appropriate site specific Best Management Practices (BMPs) to control surface runoff to the local storm drain system and avoid discharge of sediments or other pollutants into streets, stormwater channels, or waterways. Environmental effects of such site - specific BMPs will be evaluated as part of the routine development plan check process. The proposed project does not include any development activity and in particular, no stormwater treatment control facilities. No impact would result. 53 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 27). 54 Baldwin Park General Plan FEIR, 2002. (p. 76). Initial Study -- City of Baldwin Park 2008 -2014 Housing Element Update 501 a a c e Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects X which will cause substantial adverse effects on human beings, either directly or indirectly? Substantiation: a) Less- Than- Significant Impact. The results of the preceding analyses and discussions of responses to the entire Initial Study Checklist have determined that the proposed project would have no effect upon sensitive biological resources, and would not result in significant impacts to historical, archaeological or paleontological resources, Since this project would not authorize any plan to develop new homes or to redevelop existing housing, and would not change existing City land use policy regarding locations or intensities of residential development, it would not result in any effects that would degrade the quality of the environment. b) Less- Than - Significant Impact. Cumulative effects resulting from full implementation of the City's residential land use policies were evaluated in the General Plan FEIR. The proposed Housing Element update would not change any of these policies and does not propose any particular development or redevelopment project that could contribute to short -term or long -term cumulative impacts that were not addressed sufficiently in the General Plan EIR. Cumulative impacts associated with implementation of the Housing Element strategies would be less than significant. c) Less - Than - Significant Impact. As supported by the preceding environmental evaluation, the project would not result in substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study checklist, the proposed project is considered to have little or no adverse impacts on people and the environment. Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 511 P a g e REFERENCES • • MA California Air Resources Board. Air Quality and Land Use Handbook: A Community Health Perspective. April 2005. California Department of Conservation. Farmland Mapping and Monitoring Program. 2004. California Department of Conservation. Williamson Act Program. 2006. California Department of Conservation and California Geologic Survey, Alquist- Priolo Earthquake Fault Zones. <http: / /www, quake .ca.gov /gmaps /ap /ap_maps.htm> California Department of Finance. Population and Housing Estimates. 2006. California Department of Fish and Game. Natural Community Conservation Planning. <http:! /vn ,> k,.dfg.ca.govfhabcon /nccp /status /> California Department of Forestry and Fire Protection and the USDA Forest Service. California Land Cover Mapping and Monitoring Program (LCMMP), 2006. California Department of Housing and Community Development. State Housing Element Law: Fact Sheet. August 31, 2005. California Department of Toxic Substances Control. EnviroStor: Hazardous Waste and Substances Site List. California Department of Transportation. California Scenic Highway Mapping System. Updated December 7, 2007. California Geological Survey, Alquist- Priolo Earthquake Fault Zones. <http: / /www. con servation, ca. gov /cgs /rghm /ap /P ages /affected. aspx >. City of Baldwin Park. Baldwin Park 2020 General Plan Environmental Impact Report. (SCH # 99011014). September, 2002. City of Baldwin Park. Baldwin Park 2020 General Plan, 2002. City of Baldwin Park. Code of Ordinances, Municipal Code, Federal Emergency Management Agency. Flood Insurance Rate Map Number 06037C1700F, September 28, 2008. Metropolitan Transit Authority. Draft 2010 Congestion Management Plan for Los Angeles County. South Coast Air Quality Management District. Final 2007 Air Quality Management Plan. June 2007. U.S. Fish and Wildlife Services. Habitat Conservation Plans: Regional Summary Report. <http://ecos.fws.gov/conserv—Plans/> Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 52 1 P a a e LIST OF PREPARERS Lead Agency City of Baldwin Park Community Development Department 14403E Pacific Ave 2'~Floor Baldwin Park, CAQ17OG Phone: (628)813'5281 Fax: (62G)QO2-2S25 E-Mail: AHarbin@ba|dvvinpark.com Amy Harbin, /UCP. City Planner Consultant to the City Hogie-ieAand.|nu. 201 G. Lake Avenue, Suite 308 Pasadena, CAA11O1 (626) 356-4460 Managing Principal: Laura Stetson, AICP Analyst: GenevieveSharnzw ACRONYMS AOMP Air Quality Management Plan BMP Best Management Practice CAR8 California Air Resources Board CDBG Community Development Block Grant COz Carbon Dioxide C[NP Congestion Management Plan BR Environmental Impact Report FIRM Flood Insurance Rate Map F/Nk8P Farmland Mapping and Monitoring Program 8HG greenhouse gases HCD State of California, Department of Housing and Community Development HHVV household hazardous wastes HCP Habitat Conservation Plan HOME HOME Investment Partnership HUD United States, Department of Housing and Urban Development LOW1MP Land Cover Mapping and Monitoring Program L|HTC Low Income Housing Tax Credit LOS level ofservice NCCP Natural Community Conservation Plan NPDE8 National Pollution Discharge Elimination System RHNA Regional Housing Needs Allocation SCAQ Southern California Association of Governments GCA{lK8O South Coast Air Quality Management District 5QVC(JG San Gabriel Valley Council nfGovernments Initial Study — City of Baldwin Park 2008-2014 Housing Element Update 53 1 P a g e l On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, X and a NEGATIVE DECLARATION will be prepared. I find that although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described previously L have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the project MAY have a significant effect on the environment and an ENVRIONMENTAL IMPACT REPORT is required. o I find that the project MAY have a significant effect(s) on the environment, but as least on effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. If the effect is potentially significant impact or potentially I significant unless mitigated an ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that need to be addressed. 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Date w,r "FPaci AmP, ity Planner Co lopment Department 14Ave 2 "d Floor Baldwin Park, CA 91706 Initial Study — City of Baldwin Park 2008 -2014 Housing Element Update 54 1 P a g e IN STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor PUBLIC UTILITIES COMMISSION _ 320 WEST 4'" STREET, SUITE 500 .,� LOS ANGELES, CA 90013 w �� .I May 16, 2011 Amy Harbin City of Baldwin Park 14403 E. Pacific Avenue, 2nd Floor Baldwin Park, CA 91706 Dear Ms. Harbin: Re: SCH# 2011041051; City of Baldwin Park Housing Element Update (2008 -2014) The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway -rail crossings (crossings) in California. The California Public Utilities Code requires Commission approval for the construction or alteration of crossings and grants the Commission exclusive power on the design, alteration, and closure of crossings. The Commission's Rail Crossings Engineering Section (RCES) is in receipt of the Notice of Completion & Environmental Document Transmittal- Mitigated Negative Declaration from the State Clearinghouse for the housing update. RCES recommends that the City add language to the general plan update so that any future housing development adjacent to or near the railroad right - of -way is planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections, but also at at -grade highway -rail crossings. This includes considering pedestrian circulation patterns /destinations with respect to railroad right -of -way. Mitigation measures to consider include, but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at -grade highway -rail crossings due to increase in traffic volumes and continuous vandal resistant fencing or other appropriate barriers to limit the access of trespassers onto the railroad right -of -way. If you have any questions, please contact me at sal@cpuc.ca.gov, 213 -576 -7085, or Rosa Munoz, Senior Utilities Engineer at 213 -576 -7078, rxm@cpuc.ca.gov. Sincerely, Sergio Licon Utilities Engineer Rail Crossings Engineering Section Consumer Protection & Safety Division a' > ■ t RESOLUTION NO. 2011-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008-2014 PLANNING PERIOD (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP-1 14). WHEREAS, pursuant to the applicable provisions of the planning and land use law (California Government Code Section 65300 et. seq.), studies were commenced for the purpose of considering the City's need for amending the Housing Element of the General Plan; and WHEREAS, a draft Housing Element, attached as Exhibit 'A'and which has been incorporated by reference, has been prepared for the planning period 22008-2014 and submitted to the City Council for review and approval; and WHEREAS, the draft Housing Element consists of an extensive analysis with supporting appendix, and comprehensively addresses the statutory requirements of Government Code Section 65583 relating to housing element requirements; and WHEREAS, City staff has been in consultation with the State of California Department of Housing and Community Development (HCD) regarding compliance with Government Code Section 65583, including City consideration of HCD guidelines; and WHEREAS, the Southern California Association of Governments (SCAG) adopted and released a Final Report on its Regional Housing Needs Assessment establishing regional fair share housing allocations for each City in Los Angeles County; and WHEREAS, the City submitted drafts of the City's proposed Housing Element to HCD for comment and revision; and WHEREAS, HCD suggested revisions to the draft Housing Element that have been incorporated into the draft Housing Element as submitted to the City Council; and WHEREAS, HCD has made findings pursuant to Government Code Section 65585(b) stating the draft Housing Element as attached hereto is in substantial compliance with housing element statutory requirements; provided, that the comprehensive Zoning Code Update (Ordinance No. 1346) shall be adopted and finalized by the City Council prior to complete compliance with housing element statutory requirements; and WHEREAS, the draft Housing Element has been subject to environmental review under the California Environmental Quality Act (CEQA); and AGP -114 October 5, 2011 Paae 2 of 5 WHEREAS, the City Council has conducted a noticed public hearing on August 3, 2011 to receive comments and consider the proposed amendment to the Housing Element, Case No. AGP -114 on file with the Planning Division of the City. WHEREAS, the City Council voted to leave the public hearing open and continued the item to August 17, 2011. WHEREAS, at the City Council meeting on August 17, 2001, staff conducted a presentation on the proposed amendment to the Housing Element. WHEREAS, the City Council voted to leave the public hearing open and continued the item to October 5, 2011. WHEREAS, the City Council conducted a duly noticed public hearing on October 5, 2011 to receive comments and consider the proposed amendment to the Housing Element. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council relied upon the evidence presented at the public hearing in making the determinations set forth in this Resolution and in reaching the conclusions set forth in Sections 2 and 3. SECTION 2. The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Initial Study and Negative Declaration of Environmental Impact, relating to the Housing Element Amendment (SCH #2011041051) and based on that review finds and determines the following:. a) The public review period for the Negative Declaration began on April 15, 2011 and ended on May 16, 2011; and b) No comments were received from the State Clearinghouse on the proposed Negative Declaration; and c) The City received one comment letter from the California Public Utilities Commission regarding rail road safety and it's relationship to the Housing Element; and AGP -114 October 5, 2011 Paqe 3 of 5 e) There is no substantial evidence the proposed project (Housing Element Update) will have a significant effect on the environment; and f) Based upon its public review, the City Council has determined there is no substantial evidence the amendment will have a significant impact on the environment; and. g) Based on the foregoing, adopts the Negative Declaration. SECTION 3. The City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) The City Council has conducted a noticed public hearing on the proposed amendment to the Housing Element, Case No. AGP -114 on file with the Planning Division of the City, and an environmental analysis, as hereinabove described; and b) The amendment as proposed is consistent with the purposes and intent of the General Plan and its goals and objectives; and c) The proposed Housing Element Update is in the public interest and will benefit the community by encouraging the City's participation in programs that provide home ownership opportunities for families; facilitating the development of housing for all income levels, including very low -, low -, moderate -, and above moderate - income levels for the 2008 -2014 planning period. The Housing Element Update identifies housing goals to address the City's fair share of the regional housing needs, while encouraging improvement and enhancement to existing residential neighborhoods throughout the City. d) The proposed Housing Element Update is consistent with the goals, policies and objectives of the current general plan in that it encourages a balanced approach to meeting housing needs that include both owners and renters and emphasizes maintaining and enhancing the quality of existing housing and residential neighborhoods in the City. The Housing Element Update is internally consistent with other land use goals and policies of the General Plan, and maintains specific goals and policies that are aimed at not only maintaining and improving Baldwin Park's established neighborhoods, but also achieving mixed -use development along select corridors and adjacent to the City's Metrolink Station. e) The proposed amendment will not conflict with the provision of the City's Zoning Code, subdivision regulations or any applicable specific plan. AGP -114 October 5, 2011 Page 4 of 5 The proposed Housing Element Update contains goals, policies, and implementation programs related to the development and rehabilitation of housing throughout the City for the most part are consistent with the current Zoning Ordinance, subdivision regulations and existing specific plans. New requirements under State Law have been met through the addition of new housing programs, including the provision of emergency (homeless) shelters as a permitted use in at least one zone, updated density bonus provisions for affordable housing in accordance with State law and increased densities within the mixed use zoning designations. The proposed Housing Element Update does not conflict with the City's Zoning Code or State Housing Law. f) In the event the proposed amendment is a change to the Land Use Policy Map, the amendment will not adversely affect surrounding properties. The proposed General Plan Amendment involves the adoption of an updated Housing Element, and does not include a change to the Land Use Policy Map. SECTION 4. Based on all the foregoing, the City Council hereby approves and adopts the Housing Element Update, Case No. AGP -114, to amend the Housing Element of the General Plan for the 2008 -2014 Planning Period. SECTION 5. Except as expressly amended herein including Exhibit A or as the context otherwise requires, all the terms and provisions of the existing General Plan shall remain in full force and effect. SECTION 6. The City Clerk shall certify to the adoption of the Resolution and shall forward a copy hereof to the Secretary of the Planning Commission. The Planning Division shall file the Notice of Determination and the Fish and Game Paperwork with the Los Angeles County Clerk. APPROVED AND ADOPTED ON the 5t" day of October 2011. MANUEL LOZANO, MAYOR AGP-1 14 October 5, 2011 Page 5 of 5 ATTEST: ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) 1, ALEJANDRA AVILA, City Clerk of the Baldwin Park City Council do hereby certify that the foregoing Resolution No. 2011-038 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 5th day of October 2011 by the following vote: I I - -M, QM •-k 09 'H$ THATAIMMIZU � I 61 IM 14 IVA 1: 4 MA 1 0-1: 1 0 N IRWIN M M MA N P � A - B TO: FROM: DATE: WIA• 104 --A� III I I@ _ I A ITEM NO. -1-4 SUBJECT: Consideration • San Gabriel Valley Council of Governments Membership This report is for the City Council to evaluate the benefits of the San Gabriel Valley Council of Governments (SGVCOG) (the "COG") membership and to seek direction from the City Council on whether to renew membership. During discussion of the Fiscal Year 2011-12 budget, the City Council directed staff to review and evaluate the benefits of the COG membership. F-Al ill FA W W The San Gabriel Valley Council • Governments was founded in 1994 as a Joini Powers Authority (JPA). The current membership includes 31 incorporated cities in the San Gabriel Valley, three Supervisorial Districts representing the unincorporated areas in the San Gabriel Valley, and the Valley's three water agencies. Collectively, those agencies represent the Valley's 2 million residents living in 31 incorporated cities and numerous unincorporated communities, including two of the largest unincorporated areas Rowland and Hacienda Heights. The City of Baldwin Park has been a member of the COG since its founding. The Mission "By 2012, the San Gabriel Valley Council of Governments will be recognized as the leader in advocating and achieving sustainable solutions for transportation, housing, economic growth and the environment." ffl� Wit "The San Gabriel Valley Council of Governments is a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley." San Gabriel Valley Council of Governments October 5, 2011 Page 2 of 7 The work and level • assistance • the COG is based • the priority • th- - • and the decisions • the various committees. The COG standing and ad hoc committees serve as forums to discuss and resolve relevant issues among the member agencies within the San Gabriel Valley. It includes: Four standing r.nmn-I Ppq- Executive Committee-, Tmn-cp'ort.ntion: Ener- Environment, and Natural Resources; and, Housing Committee. F-50FIA-dvisory/1 ec nica � visory UommlTe—es7-rA-U7s Planning & Community Development; Public Works & Engineering; City Managers; and, San Gabriel Valley Assistants. And a series of Ad Hoc Committees as needed, currently two as follows: • Emergency Services/Trauma Care; and, • Homeless Services Needs Assessment Steering Committee. (See Attachment 2 for a complete organizational chart.) The cities pay the membership dues • a yearly basis on a fiscal year cycle. The membership includes a base fee • $5,000 applicable to all cities and a per capita fee • $0.30. The COG also has a total maximum charge • $30,000 for any member agency. There is no CPI adjustment to the fee. The City of Baldwin Park currently has a total membership fee • $27,699.201 based on a population of 75,664 per the California Department of Finance, which was ad -12 invoice was received July thjusted down from previous years. The FY 2011 7 , 2011 and it is currently outstanding2. I III, NEW III I • 31 11 _q11 M Section 21 (a) of the COG Agreement states a member of the COG may withdraw by filing a written notice with the President of the Governing Board 1. Base Fee $5,000 + (Population 75,664 x $0.30) = $5,000 + $22,699.20 = $27,699.20 2. SGVCOG Invoice #12-004 (see Attachment 3) San Gabriel Valley Council of Governments October 5, 2011 within 60 days before the actual withdrawal. The effective date of the withdrawal shall be on the 60th day after the notice has been submitted. The annual dues shall then be adjusted, on a pro rata basis, using the effective date of the withdrawal, and member shall be entitled to the balance of the annual dues paid. Section 21(b) further says if a member fails to pay its dues within three months of its annual dues assessment as required by the Agreement and Bylaws, and after a 30-day written notice is provided to the member, then the member shall be suspended from the COG. Such member shall be readmitted only upon payment of all dues, including all dues incurred prior to the suspension and during the suspension. When a member has requested withdrawal from the COG, such member may be readmitted after paying in full all dues owed for the current fiscal i year ar and any fic-nl years fnr %Aih;. h the -n— n-Y I hn4 hn=rwi+kdr %AI n from Ol n1 rOr3 . The cities The %IILK-10 of Bradbury and West Covina went through this process before being readmitted fn tha ;n rnnnn+ --=--rc ti :n +kn Qnn 1--�kr:pl — - - - - - 1, 1 1 ---. I I. Y - - �- 1 -1 -IY 1 "11 �ILI�� 11 1 LI 1$� N-JCAI I %-.4CAIJI ii-I V "HUY C41 U active members of the COG. Participation in the COG benefits the City of Baldwin Park in several levels. First, by becoming an integral part of a regional network of cities and agencies in the San Gabriel Valley, the City of Baldwin Park participates in decision making forums to address regional issues. Those issues are discussed in the COG Strategic Plan Update , 4 including regional transportation, housing, economic growth and the environment. Also, one of the main objectives of the COG is to advocate for and access federal, state and local funds for San Gabriel Valley projects. Second, the COG assists local agencies by providing a) staff assistance in dealing with state legislation; and b) access to grants and other funding. a. Staff participates on a monthly basis to the Technical Advisory Committees (TACs) Planning and Public Works Director meetings. Major issues discussed include: Regional Housing Needs Assessment (RHNA) State requirements - Members of the COG Planning Director's TAC participate in and attend SCAG's Regional Housing Needs Assessment's (RHNA) meetings and collectively voice the San Gabriel Valley's issues and concerns regarding the methodology utilized in determining each city's Regional Housing Needs Assessment numbers which are required to be incorporated into each City's Housing Element. The Planning TAC also provides a forum to review and discuss the RHNA methodology as well as any changes to the process that has occurred between cycles. 3. SGVCOG Agreement Section 2 1 (c) 4. San Gabriel valley Council of Governments Strategic Plan Update — July 21, 2011 (see Attachment 4) San Gabriel Valley Council of Governments October 5, 2011 Page 4 of 7 Arrow Highway Corridor Study - A potential joint powers agreement between Azusa, Baldwin Park, Covina, Glendora, Irwindale and Los Angeles County to form a multi-jurisdictional redevelopment project area to improve the Arrow Highway corridor. Los Angeles County committed $40,000 to this project, augmented with SCAGs contribution • $200,000 to hire specialized legal counsel and consultants to develop a cost analysis and potential JPA and/or redevelopment area along the corridor. • Affordable Housing Development Technical Assistance and Homelessness - A significant issue to the San Gabriel Valley is the allocation of the City of Industry set-aside funds. The San Gabriel Valley was not receiving their 'fair share' of the funds and the primary factor identified was the lack of technical expertise City's have in competing for the funds. Through the COG the LACDC has developed a technical assistance and consultant services program for cities for site identification, feasibility analysis, developer financing scenarios for affordable housing projects. • San Gabriel Valley Housing and Homeless Services Coordinating Council — This agency was formed as a result of the COG's Regional Homeless Services Strategy. It is a community based network that is intended to serve as a link to enhance and expand the housing and homeless services which building partnerships between service providers in the local governments; prevent and end homelessness in San Gabriel Valley; and get an accurate count of homeless in SGV to provide for scaled homeless services. • Congestion Management Program (CMP) - Metro proposed a congestion mitigation fee which would levy charges on all types of new development throughout the region in order to fund regional transportation projects. In order to understand the issues associated with this proposed program and its potential impact on the San Gabriel Valley, the COG suggested that the SGV partner with MTA in designing a pilot program for the proposed fee based system. Through the COG, this approach ensured San Gabriel Valley issues are identified addressed. • SB 375 - An implementation bill of AB 32, that addresses Baldwin Park's role in achieving greenhouse gas reductions through land use changes and the corresponding reductions in vehicle miles traveled. Sustainable Community Strategy by linking transportation and land use to reduce vehicle miles traveled. • CalRecycle grant — The COG has received an implemented a Cal Recycle grant to promote recycling by partnering with the California Product Stewardship Council and local businesses throughout the San Gabriel Valley to offer convenient in-store household battery recycling opportunities. The COG has launched a media campaign, including print, radio and billboards ads to promote awareness and the disposal regulations. In Baldwin Park, the business partners are Fresh & Easy Market on Puente Ave. and Vallarta Supermarket on Ramona Blvd. San Gabriel Valley Council of Governments October 5, 2011 g.•- Ml High Speed rail — The COG is working with the San Gabriel Valley cities in monitoring the work • the California High Speed Rail Authority (CHSRA) to evaluate the regional and individual city's impact • the proposed alignments. The City • Baldwin Park has been studying the possibility of having an overhead high speed train along the 1-10 Freeway corridor. However, Baldwin Park is not amongst the list of proposed stations. Additionally, the COG has supported an alternative proposal, developed • Supervisor Antonovich, which could use existing funding to improve Metrolink speeds and service. • Storm Water Permitting and Funding - Currently, the COG is working with San Gabriel Valley cities to resolve the issues created by the Los Angeles County delegating NPDES responsibilities to local agencies. The COG is working with our Public Works Department and that of other cities to set up a framework and establish a regional reviewing process. Additionally, the C OG technical committees also serve as forum to discuss Los Angeles County Flood Control District's proposed Water Quality Initiative. which nnidd potentially raise new revenue to fund storm water and water quality projects. J Y fl, b. For the past year, the City of Baldwin Park has been the direct and indirect recipient of grant monies which the COG had submitted and was awarded. This process alone saved City staff time in researching, making application and administering and monitoring the disbursement of the grants. Overall, the COG is contributing5 approximately $190,000 in direct grant funding, and up to $38,000 is City staff reimbursement time. These costs exclude indirect COG cost such as grant preparation and grant administration and monitoring. These programs include: • Climate Action Plan (CAP) — The COG is providing for consultant work to prepare a CAP, as required under AB 32, for the City of Baldwin Park in coordination with a regional CAP as part of a $3.2M Edison grant awarded to the COG. The City's share of this grant is estimated at approximately $100,000 in consultant services. Additionally, the City will be directly reimbursed up to $18,000 for staff time associated with this work. To date, about 10% of the work has been completed (data collection phase). • Purchase of the Los Angeles County Enterprise Management Information System (EEMIS) to manage and monitor the City energy consumption, in compliance with AB 811. The purchase of this software is made possible with a $1.5M Edison grant awarded to the COG. The City's share of this grant is estimated at approximately $45,000 including software and equipment costs and County monitoring. Additionally, the City will be directly reimbursed up to $20,000 for staff time associated with the work. To date, about 5% of the work has been completed (initiation and review of existing data phase). 5. All $ amount estimate provided by the SGVCOG San Gabriel Valley Council of Governments October 5, 2011 Consultant work to prepare an Energy Efficiency Conservation Strategy (EECS), including a Green House Gas (GHG) inventory, as required by the federal stimulus grant the City received. The City benefited from the economies of scale provided under the COG and sharing the consultant cost with other San Gabriel Valley agencies. The consultant cost was $25,000 for the GHG inventory alone. This work is 100% complete. Outreach. Throughout the year, the COG provides the City of Baldwin Park with a series of workshops and education outreach meetings. Recently, the COG provided City residents and industry leaders with free workshops on: • Energy Performance to inform residents how to receive energy rebates (10/20/09 and 8/3/10); • Title 24 workshop to inform about Building Code changes to the new Green Code (10/29/09); • Christmas tree LED light exchange during the Holidays; • Information booth at the concerts in the park series to offer additional information on various programs available to our residents. Based on staff, consultant cost, outreach medium (flyer, newspaper advertisement, etc.), and the material given (free lights, food and drinks) the total value of these outreach effort is estimated at approximately $8,000. Energy Leadership Program — This Edison program is organized by the COG for the benefits of member agencies. It provides various power rebates for each energy efficiency levels accomplished. As a result of the COG sponsored outreach and other programs the city is currently engaged, the City of Baldwin Park is at the Silver Leve16 which translate in a $0.06 per annual kWh saved. So far, the City of Baldwin Park was able to realize a saving of about 19,380 kWh/year and receive a check for $3,615.60. The City is working towards attaining the next Gold Level which will provide a rebate of $0.09 kWh. There are many benefits to the COG membership. Some of the benefits are in kind services, monetary and political, such as membership votes on the many committees whose decisions may have impacts on Baldwin Park. Membership also provides access to valley wide legal and lobbying efforts at the state and federal levels. Based on the COG contribution, and the economies of scale created by the membership, the City stands to receive approximately $190,000 in direct programs value and up to an additional $38,000 in City staff time reimbursement. However those programs are on-going and their total value would be lost if they remain incomplete. Those total costs exclude the COG staff time to prepare, coordinate and administer the many grants and programs offered, and also exclude the value of the assistance received for compliance with state requirements such as the RHNA, CMP, SB 375, AB 32, AB 811 and other legislations, lobbying and various outreach efforts. 6. Energy Leader Partnership — City of Baldwin Park (see Attachment 5) San Gabriel Valley Council of Governments Page 7 of 7 October 5, 2011 If the City Council continues membership with the COG, then the current dues will be paid in full in the amount of $27,699.20. That amount is currently included in the 2011- 12 budget; and, of the total amount, the impact to the General Fund is about $8,5007 The balance of the dues is supported by subsidized funds (Prop C, Prop A, AB 1693). If the City Council opts to withdraw from the COG membership, then the City Council must direct staff to issue a 60-day notice to the President of the Governing Board of the COG and pay the pro-rata portion of the dues estimated at about $13,850, assuming an effective date of withdrawal on December 5th, 2011. In the future, if the City requests to be readmitted, then the City would be required to pay back all unpaid dues for the period of withdrawal. Also, withdrawal would result in the termination of all on-going 1 1'4 projects, s eastim anted at a value of about that the City would no ion have vlojects, 1 1 access through the COG. The City would also lose up to $38,000 in staff time reirnburet: =nf, and fh= -,_r%;dr1 +r% �.n+ 1 ;,—. 4 time +�- implem�w" a --l— u � L very L%-P 0%,L UF CAUUW%J11Ul stafil U W [III I �--1 IL series of state legislation requirements. RECOMMENDATION Staff is seeking direction from the City Council whether to maintain or discontinue membership in the COG. Attachments: 1. SGVCOG Board of Directors 2011-2012 2. SGVCOG Organizational Chart 3. SGVCOG Invoice #12-004 —July 7, 2011 4. SGVCOG Strategic Plan Update —July 21, 2011 5. Energy Leader Partnership - City of Baldwin Park 7. Based on 2010 invoice payment SGVCOG Board of Directors 2011-2012 Delegates and Alternate Jurisdiction Delegate Alternate \Ihambra ;Barbara Messina :Steven Placido Arcadia ;Peter Am undson 'Robert Harbicht \zusa Angel Carrillo ._ ;Oriel Macias 3aidwin Park Monica Garcia Susan Rubio 3radbury ;Bruce Lathrop_ Monte Lewis 'laremont ;Sam Pedroza _.._ Joseph Lyons _ _ ..... ._.__ ,ovina _ ._ -____ -- ._ (Kevin Stapleton _ . ;John King )iamond Bar Carol Herrera Steve Tye )uarte ;John Fasana Lois Gaston _I Monte ;Patricia Wallach !Andre Quintero -)lendora -___ _ _ ;Gene Murabito _ _. _ Dou Tessitor ndustry ;Tim Spohn !Jeff Parriott , rwindale ___ __ m _. David Fuentes _.__ _ . _...._ ...... _ . Manuel Garcia a Canada Flintridge ;Dave Spence Laura Olhasso a Puente _. 'David Ar g udo Vince House a Verne :Charlie Rosales_ ;Robin Carder Aonrovia� _ Mary Ann Lutz zBecky Shevlin _ Aontebello ;Frank Gomez William Molinari Aonterey Park ;Teresa Real Sebastian Mitchell Ing 'asadena jTerry Tornek Margaret McAustin 'Margaret ____ _ _ _ _ __ _.. _ _ .. . ... . ........_._ 'omona _ _.. _ . _ - _- !Stephen Atchley _ Freddie Rodriguez Zosemead Margaret Clark ;Steven Ly )an Dimas ;Denis Bertone ;Jeff Te_mpleman San Gabriel ;David_ Gutierrez Julie Costanzo San Marino Allan Yung ,Richard Sun >ierra Madre 'Nancy Walsh 'Joe Monca >outh El Monte _-- . [Joseph Gonzales __..._.....__ 'Louie Aguinaga >outh Pasadena Mike Ten Michael Cacciotti emple City Fernando Vizcarra ;Tom Chavez Valnut jTom King 1Tony Cartagena Vest Covina Karin Armbrust Shelley Sanderson A County Supervisoral District #1 ;Jorge Morales Teresa Villegas A County Supervisoral District #4 Dickie Simmons Mike Hughes A County Supervisoral District #5 'Kathryn Barger Leibrich ;Gino Sund >GV Water Agencies JPA 1Anthonv Fellow `Bob Kuhn 1 J �I � � � � � v o� O U cn s. O v Q � o U u a W z. o � U 5, v x ,O R u 3 vU w WX wu'� a.UU aU� U O U U w Q 'u . '� I I v " .Q v .> bZ ) ' x o U F °' U N Z P, � UG I U� U�U HUw o v�U xU� I �Vy � � O� � O •� u N .°.i O�J d 0 N O � vi o U � `� v •� m U� U > tS O U U w Q 'u . '� 4 " v " .Q v .> bZ ) ' x o U F °' U N Z P, C��Uw UG U� U�U HUw o v�U xU� ° 4 " v " d 0 ) ' x o U F 41- n U N P, U U w v 6 July 7, 2011 July 1, 2011. RIE ° NE Attn.: Vijay Singhal City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 -4226 C'O( NU Dear Vijay: Attached please find your Agency's invoice for FY 2011 -2012 dues. The adopted fee structure and rate has, for the fifth consecutive year, remained unchanged. The dues structure is as follows: A fl �° LCiJe eL. I"1 11aL Vast. lei.: of .]J�VVV is 1J110.1 �1�U Lo all 1hhe111U GL well l�leJ 14�ga.r UlesJ of size. Pei- Capita Fee: In addition to the base allocation, every member agency is charged the balance of dues based on population. The per capita charge is 300. axianum: In accordance with the adopted policy, the maximum charged to any member organization is $30,000. Thus, eight of our member agencies are currently at the maximum level. It is important to note there was no CPI adjustment in dues this year. Finally, in response to the California State Air Resources Board and the South Coast Air District's directives, the Governing Board has adopted a policy stating AB 2766 Rinds are not eligible to be used for payment of member dues. Member agencies are free to choose any other funding sources thought to be appropriate. For audit reconciliation purposes, if your Agency uses funds from categorical or restricted sources, please let us know at the time of remittance so we can account for those funds accordingly. Thank you for your support. Should you have any questions, please feel free to contact me at (626) 564 -9702. Sincerely, Nicholas T. Conway Executive Director Enclosure: 2011 -2012 Invoice San Gabriel Valley Council of Governments 1000 S. Freemont Ave., Unit 42 _= Alhambra, CA 91 SO' ) Its Bill To Attn: Vijay Singhal City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 • � Date _ Invoice # 7/7/2011 12 -004 Mail to: San Gabriel Valley Council of Governments 1.000 S. Fremont Ave., Unit 42 Alhambra, CA 91803 SGVCOG Strategic Plan Update July 21, 2011 San t_xaL)r1ei valley Council of Governments all 1�')X, -6, Ffennoin� k�, iUnii 4?, All�arn'.��i E' yew Date: July 21", 2011 To: Governing Board Delegates and Alternates From: Angel Carrillo, SGVCOG President Re: Strategic Plan Update Recommended Action: Approve the updated Strategic Plan for January-July 2011. Background In January 2011, the SGVCOG Strategic Plan was updated at the COG's semiannual retreat. In addition to setting a new set of six-month objectives to be achieved by July 2011, the Governing Board also reviewed its three-year goals. It is COG policy to review progress on the Strategic Plan on a monthly basis. The attached matrix reviews major accomplishments associated with the strategic plan as well as any proposed revisions to the objectives. a. O i. eC Ya O O m O rOp O O cl cz � on cz 5 cts o > cu cz v > a) -cl u cu o4 c o cz EP A. cz tb tD 00 C. > O bb tp O U U L) u C'I C-4 O N N W � 9 O F O .0 � O � O w N � w Q O O d a, U N O rn y Lei v; O A 9 ro 0 o M bUA QUA p O h U It U bA U U U Q � O U O U ,W U Y. 6J k W � .0 3 d N N U ro U R -= m 0 o. O en ti ca O 40, N y -C3 bi) -C3 to -14 t8 > > -S4 0"--u c� 0 0 i 48 m p 7E5 C. it L) 73 0 CD QD 14 42 O 'R t > bnO 43 E > -2 m C:) m r- u < m U v) u �2 !:I �s 11 u u O U u u O N m m N r4 W u u O u i C 0 c N vi N o� ri 0 0 ti O i. u 0 C 0 u W bA R O i C p, b c c 0 0 an a c u hM wd C w G. 0 0 CC u a� u an roco ^ � C;l y � •C CIO ° O U U U sU-• ;-+ U �� bo v v i� y r. c cn a O <A ° y o CD tO o v ° •�' s� c � ° U 3 cz 0 cui lap y 4 o El _ o a•° CC3 c� U Cj on Y❑ Iz o w °q qj g o U Q v -c-. u O" � y ° � U r-+�.' CC N m O ai � O • U � � ° '^_' U ..�., � cad on Gl C,3 a va 0 •� O cp C7 O C7 O o o v1 ° •o o ro a? c m U v x. A•, cd 3 ° N Uon Q Uon bi) ❑ C •� tb 3 ? U •� �' A i �, � If 3 N N O y M _ o W a w u u S Q4 ce w c m m U S3 a, 0 eat 0 h 0 N ai eV 0 c CQ a u 0 G�7 w E-+ s. w° m i 1, c C 0 0 ca .o u R itl uo by ° to by -C'� Er�4 Cl C7 Z U o o v U o o c U � a sn v'r an rnv O c 0 ,Q � -c7 oCd CL b rarte�, - � Q �•+ .b a� ,b ° U • J �1. ,rJ 0.i �t', L ct O O � �' b i1, ❑ V O � � bn ty cn O 0 C O y M b O N O bA th b.0 C p cd 3 w 1 al 1 y o 3 Energy Leader Partnershi IS City of Baldwin Para m=1 Accomplishments to Date: Next Steps to Achieve Silver Level A "itional "'A , Savings Requ red: 63,z-,i-u —11. NAI. 0 1 u Details -JIM Gold Platinum Municipal N/A Not Met Not Met Not Met EE Community N/A Met Met Not Met EAP N/A Met Not Met Not Met DR Met Not Met Not Met Not Met Next Steps to Achieve Silver Level A "itional "'A , Savings Requ red: 63,z-,i-u —11. NAI. 0 1 u Details Energy Leader Partnership Program J E-DISON' Percentage based on cumulative kWh savings from 2004 (Percentage of total city-wide energy use) AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING October 5, 2011 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) Community Development Commission — October 5, 2011 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a 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 Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 29th day of September, 2011. Alejandra Avila City Clerk Community Development Commission — October 5, 2011 Page 2 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 Fsalceda @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission — October 5, 2011 Page 3