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HomeMy WebLinkAbout2013 07 17NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JULY 17, 2013 AT 5:30 p.m. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: July 11, 2013 Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on July 11, 2011 Alejandra Avila City Clerk I 11711 \ :- ►- CITY COUNCIL SPECIAL MEETING Please note time and meeting JULY 17, 2013 location 5:30 p.m. CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano Monica Garcia Marlen Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction, If you agenda o cualquier tema que este bajo su jurisdiccidn, wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, pods hacerlo durante el COMMUNICATIONS period noted on the perlodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience___ __T un interpret Para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) [direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PER/ODO DESIGNADO PARA D/R/G/RSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETAR/A S/ REQU/ERE LOS SERV/CIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximal. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Properties: 8437 -004 -060 J & J Warehouse Co. /Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park Lic 14433 Ramona 8437- 004 -062 14433 Baldwin Park Lic 14433 Ramona 8437 -004 -063 J & J Warehouse Co. /Newman Tek Capital NA 8437 - 004 -064 J & J Warehouse Co. /Newman Tek Capital 14467 Ramona 8437- 004 -065 J & J Warehouse Co. /Newman Tek Capital 14519 Ramona 8437 - 004 -066 J & J Warehouse Co. /Newman Tek Capital 14483 Ramona 8437 -004 -067 J & J Warehouse Co. /Newman Tek Capital 14455 Ramona 8437- 004 -069 J & J Warehouse Co. /Newman Tek Capital 4124 Maine Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: J & J Warehouse Co. /Newman Tek Capital 14433 Baldwin Park Llc Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees, Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association, Un-represented employees; and part- time employees. 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No-, BS140802 4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9, 1 Matter RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on July 11, 2013, Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item an this agenda are available for public viewing and inspection at City Hall, 2d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813-5204 ore -mail rcaballero(o)-baldwinpark.co . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011, Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE /1) I A A Ni MR �1-1-: I za J1 I :I Q I I �Ilffiv JULY 17, 2013 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue 917na Bal, w .4-,- D- ,-k CA (626) 960-4011 I An X i L A "LTA011, Ili MW I I Manuel Lozano Monica Garcia Marlen Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tem - Council Member - Council Member - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted an 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 pOblico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, Para hablar sobre cualquier asunto publicado en la agenda 0 cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o a1guna de sus Agencias, podra hacerlo durante e/ periodo de Comentarios del POblico (Public Communications) anunciado en la agenda. A cada persona se /e permite hablar por tres (3) minutos, Hay un int6rprete Para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Recognition to Mr. & Mrs. Jack White on celebrating their 60th Wedding Anniversary. Certificate recognition to the Officers of the Baldwin Park SWAT Team for their participation in the arrest of Felony Murder Suspect. Oath of Office presentation for Natalie Ybarra, Planning Commissioner. 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 SERV ICES 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 SERVIC /OS DEL INTERPRETE No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracibnes 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] City Council Agenda — July 17, 2013 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. Staff recommends City Council ratify the attached Warrants and Demands. 2. TREASURER'S REPORT: MAY 2013 Staff recommends that the Finance Authority receive and file the May 2013 Treasurer's Report. 3. CLAIM REJECTION Staff recommends City Council reject the claims of Anthony Delmaro, Jimmy Pimentel, Kathleen and Lance Christensen and direct staff to send the appropriate notice of rejection to claimants. 4. APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — SEPTEMBER 18 — 20, 2013, SACRAMENTO, CA Staff recommends City Council appoint a delegate and alternate to represent the City at the Annual Business Meeting of the League of California Cities. 5. NEW POLICE HELICOPTER AGREEMENT WITH THE CITY OF EL MONTE Staff recommends: That the City Council approve the new agreement between the City of Baldwin Park and the City of El Monte for the delivery of police helicopter services. 6. APPROVAL OF (1) RESOLUTION IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING (HEAL) GRANT; (2) A SUB - CONTRACT WITH CALIFORNIA CENTER FOR PUBLIC HEALTH ADVOCACY (CCPHA) TO PROVIDE STAFFING SERVICES TO EXECUTE THE SCOPE OF WORK AS DESIGNATED IN THE HEAL GRANT AND (3) A SUB - CONTRACT WITH BALDWIN PARK UNIFIED SCHOOL DISTRICT TO EXECUTE THE SCOPE OF WORK AS DESIGNATED IN THE HEAL GRANT. It is recommended that the City Council: (1) Adopt Resolution No. 2013 -025 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING CITY STAFF TO WORK ON THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING (HEAL) GRANT "; and (2) Approve the contract with Center for Public Health Advocacy (CCPHA) to provide staffing services on behalf of the City to execute the Scope of Work for the Healthy Eating Active Living (HEAL) grant for the period, July 17, 2013 to September 29, 2013. (3) Approve the contract with the Baldwin Park Unified School District to execute the Scope of Work for the Healthy eating Active Living (HEAL) grant for the prior July 17, 2013 to September 29, 2013. City Council Agenda — July 17, 2013 Page 3 7. AGREEMENT FOR ENFORCEMENT SERVICES AT IRWINDALE EVENT CENTER It is recommended that the City Council (1) Approve the contract agreement for overtime reimbursement between the City of Irwindale and the City of Baldwin Park, and (2) City Council authorize the Chief of Police to sign and execute the contract agreement. 8. APPROVE MOU WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO PARTICIPATE IN THE EZ TRANSIT PASS PROGRAM Staff recommends that the City Council: Authorize the execution of Memorandum of Understanding with MTA and grant signature authority to the Director of Public Works. st o IVIA 1 1 Mmo ° PI UBLIC HEAR (7:00 P.M. or as soon thereafter as the matter can be heard). if in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 9. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013 -023, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014 It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution 2013 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." 10. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013 -024, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014 It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution 2013 -024 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." •� • • • • City Council Agenda — July 17, 2013 Page 4 Staff recommends the City Council open the public hearing and following the public hearing: adopt: (1) Resolution 2013-021 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARD USES (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-173)" (2) Introduce for first reading, by title only and waive further reading, Ordinance 1355, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS." 12.A REQUEST FOR CONSIDERATION OF A (1) BILLBOARD REMOVAL AND RELOCATION AGREEMENT TO ALLOW CONVERSION OF FOUR (4) BILLBOARD SIGN FACES (LOCATED ON TWO BILLBOARD STRUCTURES) FROM STATIC TO DIGITAL AND (11) RELATED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Staff recommends the City Council open the public hearing and following the public hearing adopt: Resolution 2013-022 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A BILLBOARD REMOVAL AND RELOCATION DEVELOPMENT AGREEMENT and approve the Removal and Relocation Agreement between the City and Clear Channel Outdoor, Inc. REPORTS OF OFFICERS 13. CONSIDERATION OF APPOINTMENTS AND RE-APPOINTMENTS TO FILL VACANCIES FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends City Council review the commission applications to appoint or reappoint individuals to serve on the Recreation and Community Services Commission by: 1. Approving Resolution No. 2013-026; and 2. Appoint or Re-Appoint Commission Offices subject to satisfactory background checks through the Department of Justice. CITY COUNCIL / CITY CLERK I CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Ricardo Pacheco for discussion & direction to staff on the following: To withdraw the City's request for a Los Angeles County Sheriff's Department Phase 11 study. I make this motion on account of my discussions with hundreds of residents of the City to keep our Baldwin Park Police Department. City Council Agenda — July 17, 2013 Page 5 Have the City participate in the National Night Out (NNO) and provide exhibits to the public such as SWAT Equipment, Police units, Police citizen organization information. The NNO is a unique crime and prevention annual event sponsored by many cities and it takes place each year on the first Tuesday in August, 2013. Previous National Night Out events have involved citizens, law enforcement agencies, civic groups, neighborhood organizations, neighborhood crime watch groups, and local officials from all over the City of Baldwin Park. The events are designed to: 1. Heighten crime and drug prevention awareness; 2. Generate support for, and participation in, local anti -crime programs; 3. Strengthen neighborhood spirit; and 4. Send a message to criminals letting them know that neighborhoods are organized and fighting back. My Motion is to direct the Chief Executive Officer and Staff to organize and participate and provide exhibits to the NNO activities. Request by Manuel Lozano for discussion & direction to staff on the following: • To add the law firms of Ross & Casso, Rick Olivares and Richards Watson and Gershon to the City's attorney panel and bring professional services agreements for Council approval at the next meeting. 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 11th day of July 2013. 41 ', f Y /, , ,- . S f Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e-mail at rcaballero @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — July 17, 2013 Page 6 :. bl - i BALDWIN n•e•uu TO: FROM: Date: SUBJECT: CITY COUNCIL AGENDA CITY OF BALDWIN PARK JUL 17 STAFF REPORT Warrants and Demands 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 195467 — 195516. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 229009 — 229483 for the period of May 12, 2013 through June 08, 2013 inclusive; these are presented and hereby ratified, in the amount of $648,460.96. 2. General Warrants, including check numbers 195785 to196096 inclusive, in the total amount of $1,412,747.28 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. RECOMMENDATION: Staff recommends City Council ratify the attached Warrants and Demands 0 tA aw W gig It i MY ow M! 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W. lw lb 000,% w w i..k0 q 44 -1 "$A *4 M nnn pq �4 im �, MON ca I La 1 11 m CITY COUNCIL AGENDA JUL 17 CITY OF BALDWIN PARK 0 STAFF REPORT P • A - R � K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Director r DATE: July 17, 2013 (� SUBJECT: Treasurer's Report: May 2013 PURPOSE The purpose of this report is to provide the Treasurer's Report for May 2013. BACKGROUND /DISCUSSION The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC) The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Report: May 2013 Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the May 2013 Treasurer's Report. ATTACHMENT 1. May 2013 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT May 31, 2013 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR "CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 27,251,931.19 27,251,931.19 Agency Investment Fund 27,251,931.19 Varies City 0.25% Varies Housing Authority 0.25% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Success( Varies Varies Varies 27,251,931.19 27,251,931.19 27,251,931.19 27,251,931.19 Varies 37,891.12 37,891.12 37,891.12 37,891.12 27, 289,822.31 27, 289,822.31 27, 289,822.31 27,289, 822.31 Varies 2,049,473.83 2,049,473.83 2,049,473.83 2,049,473.83 Varies 3,564,269.25 3,564,269.25 3,564,269.25 3,564,269.25 $ 32,903,565.39 $ 32,903,565.39 5,613,743.08 $ 32,903,565.39 Total Investments $ 32,903,565.39 Cash City Checking 5,835,947.84 City Miscellaneous Cash 213,020.60 Comm. Develop. Comm. 0.00 Successor Agency 797.079.15 Housing Authority 303,331.41 Financing Authority 0.00 Total Cash 7,149,379.00 Total Cash and Investments $ 40,052,944.39 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of May 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Appr d by: Finance Director TO: FROM: DATE: �*JJAW[012 Affij- 1 11 A JUL 17 ITEM NO. Honorable Mayor and City Council Members Shama P. Curian, Senior Human Resources Analyst July 17, 2013 1qrtff1-11L0= 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 Anthony Delmaro, Jimmy Pimentel, Kathleen and Lance Christensen and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Christensen, Kathleen & Lance DOL: 3/1/2013 • Delmaro, Anthony DOL: 6/2812013 • Pimentel, Jimmy DOL: 6/29/2013 Lid./.w *1 FlAWN6111 [ CLAIM FOR DAMAGES D TO PERSON OR PROPERTY 1. READ CLAIM THOROUGHLY. ?Pr" L°:: 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) 'Clerk" s 8f cial Filing Stamp 8. Name and address to which you desire notices or cornmunications to be sent regarding this claim: 9. When did DAMAGE or INJURY occur? 10. Date: Time: If claim is for Equitable Indemnity, give date claima served with complaint: 11. Where did.DAMAGE or INJURY occur? .13. Were police or paramedics called? Yes ❑ If yes, was a report filed? Yes ❑ If yes, what is the Report No? of any City employees involved in INJURY or I Department No 17-1 14. if physician was visited due to injury, include date of first visit and physician's N ®® 'I name, address and phone number: 14. Why do you claim the City of Baldwin Park is responsible? 15. List damages incurred to date? , 16. Total amount of claim to date: $ Limited Civil Case: F-1 Yes ❑ No (State the amount shall be stated, but you are required to state whether the be specific — Use additional sheet if necessary) for Computation: claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount vquO be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ Bags for Computation: n 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: '04Z R fi Name Address P h o A, z Name Address Phone 19. Signature ofClaimant or person fill on claimant's behalf; relationship to claimant and date: I I 1 -- I a Ilt J-me re � �ep�Mj declare)) un) e eq` under the pws California of that the foregoing is true and correct to the best of my knowledge. I Relationship to Claimant Printed Name mvml�l "1 !04111 T 11WO K111 I &WRI�=R;1441 Y;I,s",'t.fi3.is:;f" ,,,,,,,,,e.kW,,!l�,,...,�4 cr,,32 €!,rl:lr"c .,i,cs & F6rm-'%C1,1 Or Gay .s,;qcs Form CCI Rev 7-Cr,,duc Date 72i CC Form 1 (Rev 7106) Subject: Baldwin Park claim 10. Names of any City employees involved in injury or damage. Name and department. Primarily, lead Baldwin Park Police Officer Jose Jimenez. Also BPPD Officer R. Felton and Officer S. Keef. Baldwin Park Police Chief is Lili Hadsell. Where did Damage occur? Damage occurred at 4445 Landis Avenue, Baldwin Park, CAQ1706 and I Hospital, 210 West San Bernardino Road, Covina, CA. 91723. 12. Describe indetaU how the DAMAGE occurred. Claimant shouted across the street to neighbor Jesus Garcia, 4440 Landis Avenue, to call the police (per prior agreement with Jesus! wife, Victoria Garcia) due to her husband's mental illness dysphoria because he was acting out and refusing to take his anti-psychotic pill. Claimant had been to the police with her spouse before, most recently on Saturday, January 5, 2013 when she drove to the BPPD driveway and Officer Jason Adams spoke to them both in a reasonable manner about the pill-taking issue. Claimant's husband did take his pill that morning and minutes later she heard msingle knock at side door, she looked out and saw no-ono. had asingle hang-up call and then o single knock an the front door which she immediately answered, expecting tosee two officers crowded onto her front doorsteps and a short, calm conversation. Instead, she saw no one mm the porch and was frightened, stunned and scared down No the marrow tosee FIVE COPS WITHOUT COVER pointing guns straight at her spread across her house sidewalk. Claimant was afraid of being shot, held up her hands and told the BPPD to put their guns away. Lead Officer Jose Jimenez told her to "go get her husband" and she went back into the house and told him ho "come out, they've got guna|^ Men she returned, she still felt extremely fearful because Jimenez was not trying to calm things down and put away their guns. Instead, he demanded answers with guns still pointed at the unarmed, physically-weak female Claimant and on the count o[ three, violently dragged Claimant off her porch, ordering a female nffioor(Officer 8 "double cuY'her and force Claimant un her knees nn her front yard. Witness verifies this. Claimant begged the female officer hu take the cuffs off and said she would talk then. Incredibly frightened and angry athaving her liberty violated without cause, Claimant repeatedly said: "but I've done nothing wmn |" and because she does not allow any guns on her property: "get off mypmperty." /t this time the female dfimarfurther tried to intimidate Claimant bystating: "you do not own your front yard, the City of Baldwin Park owns ituowedon't have hulaoxa." At this time Claimant's husband came out to the front porch, obviously docile under the influence cdthe pill. Officer Jimenez ordered him off the porch and to put his arms up, whereby he cuffed him and rapidly onoufedhim. Had his freedom of will not been impaired by the pill, he would have defended his wife. Next Jimenez, knowing only the Claimant and her husband lived there, continued the intimidation saying there must b*e third person and sent another offioerwithout a search warrant inside bo search the house. Afterwards, the Claimanfs husband went back inside the house to rest due to the medication, expecting his wife !u follow soon after. (See Claimants HUSBAND'S ATTACHED STATEMENT NUMBER FOUR) Instead his wife disappeared. Officer Jimenez, without giving any notice 8o the Claimant or her husband uoio required by law, proceeded to drag Claimant down her sidewalk, driveway and then the public sidewalk for half a block to his car. Witness verifies this. Claimant cried in pain as he dug his elbow into her ribs and asked him to stop but he dug it in harder. She was forced into the car under threat, with no knowledge if she was under since she had committed no crime. Jimenez started to drive and very unsafely fill out the report on the steering wheel as he drove for several miles. Only then did he tell her he was taking her to the hospital. Claimant had no idea why she was being taken to the hospital since she was not ill, only angry at the BPPD brutality. Claimant's constitutional |ibe of freedom of movement was further denied when she was taken tn Inter- Community HompKe|.C8msVe|leyKAedicalCnnter21OVVeat8anBemordinoRoadCmvinu.CA91723 handcuffed and without any signatures, nor explanation, nor permission h number FIVE verifying Claimant was uninformed) forced tosubmit tu medical tests and blood drawn under threat of violence (\wewill strap you down" Claimant threatened). During this humiliation, Claimant was ordered to disrobe, while Officers Jimenez and Officer Felton stood there. Officer Felton leered and said toClaimant: "Come on Sweetheart, you can doit!^ After seeing a general medical doctor in the ER for five minutes total (see bill for $1,016 for those five minutes), Claimant was passed onto the locked Psych. Ward to see a psychiatrist who talked to her for five minutes (no actual evaluation was done per legal guidelines), upon first sight she was told by the Psychiatrist: " You look good now but I need to see you don't have Psychosis in the morning." So Psychiatrist released Claimant first thing the following monnnAc¢U8I`N/lL Foe those fewmmmaa.we received a b|U-hzr$300. 'Weeks later the hospital would send bills for a complete total (as of April-471,2013)of $4.742.23. The City of Baldwin Park and Baldwin Park Police Department should consider beyond this humiliating and illegal experience that Claimant saw zero evidence of anyone "being helped" in the Inter-Community Park West Psych. ward beyond drugging and warehousing. This was et enormous expense which nodoubt factored i their i fully lucid, appropriately protesting (no inappropriate l used nor inappropriate physical behavior) female wh liberty was compromised. Record keeping is packed fuN of errors, mistakes, box checking without regard for accuracy. Claimant has B.A. and yN.G.Ed degrees aowell aea3D-yeer work history and found it atrocious hobeclaimed bnbean indigent individual who never held a /ob. Further, after being kidnapped by Officer Jimenez and forced into a 5 (something Claimant never knew existed before March 1, 2013), my husband was awakened by a neighbor a half hour later only to find I had disappeared. HewmndbmtheBPPDondwaaho|dC/oimentwao"we|kingamondtheneighborhuudtn000} off." He worriedly checked the neighborhood and local hospital without finding me and only discovered several hours later where | was because | was finally allowed 0o call him. This iedespicable. Then hewent back hoBPPQ after Claimants call and they admitted where >was, saying | would bo held there for THREE DAYS. False. The hospital system is set up so a person 5150'd has to see an ER doc for physical, then Psych Ward overni ht for menba|. resulting ine minimum 24 hours, which in exactly what happened. (SEE ATTACHMENTS NUMBER TWO and NUMBER FOUR) On Monday, March 4, 1 went to BPPD to get the Police Report and was told there wasn't any! | was given a short form which said "no report required" (SEE ATTACHMENT NUMBER ONE). NurwmuI given the 5150 form. | asked for the cadet to check and he came back with Lt. Cowan who told me there report because "thene'o nothing to write. |t was a simple Voluntary CommdmenL" | told him it was the exact opposite and he waved his arm saying, "...ho'd look into din the next two wmmko.^ Lt. Cowan never followed through. couple of weeks later during o meeting March 18 between Claimant, my husband and BPPD Chief UH Hedoai|.wm were shocked when she presented a narrative police report. VVe later noted that the report, while dated March 1, was actually time-stamped March 4. (SEE ATTACHMENT NUMBER THREE) ChiefHadme|f was very open and empathetic during our first meeting and apologized profusely for what Claimant had suffered. During our second meeting, April 8. Chief HedoeU backtracked, repeating some mf the false information in the report. We all noted that had Chief Hadsell been at our house during the call on March 1, she would've found out the truth why the police were called through respectful conversation and never escalated the situation the way Officer Jimenez did. No one would've suffered and there wouldn't be $4,742.23 in bills the City io responsible for. By the end of that meeting Chief Hodud| promised an Internal |nxaoUgo§on. Li.Bado|otb was assigned and proceeded hm interview witness VictohmGarcia. Unfbrtuoate|y, he did not ask for permission to record her and near the end of the interview as she described the horrific treatment she observed from the BPPD to the Claimant, Lt. Bartolotti clearly implied to Mrs. Garcia that BPPU'a actions were juobfied and inferred that Claimant "needed he!p." At this point d became obvious that BPPDio unable t» fairly and impartially investigate itself. Side note: WE WERE TOLD THAT, AMAZINGLY, NONE OF THE FIVE POLICE CARS A—i THE SCENE ON MARCH 1. CAPTURED ANY FOOTAGE. So Claimant met April 28 with Councilwoman Marlen Garcia, Mayor Manuel Lozano and witness Victoria Garcia (Claimant's husband is out of town on business). It was decided that Claimant would put together this claim with all documentation, requesting simple payment of Inter-Community Hospital and doctor bills (and any new ones received through December 31, 2013) along with a written apology. If these simple terms are met, Claimant agrees not to sue Baldwin Park or Baldwin Park Police Department or request any personal damages for pain and suffering related to the March I-March 2, 2013 incident and false 5150 detainment. Claimant will NOT sign any onerous agreement. Finally, dis obvious that the Baldwin Park Police Department needs 0o examine how it applies the law io811 calls and hold strictly tn51SOdnfinitionnof "Danger to one's lf," "Danger tnothers"ond"6navelyDimab!ed" as well as strongly consider its new awareness of financial charges and lack of benefit to citizens. 13. Were the police or paramedics mdled? K yes, was a report filed? Report number. Yen Baldwin Park Police Department actions initiated source of this claim. Their error-filled |epmrtiaattached. (SEE ATTACHMENT NUMBER TWO and THREE) 14. If physician was visited due to injury, include date of first visit and physician's name, address and phone number. No physicians were visited due toinjury. 14. PLEASE NOTE: there are TWO number fourteens on this form. Second number i4 Why do you claim the City nf Baldwin Park iuresponsible? Baldwin Park Police Officer Jose Jimenez authorized all nf the 515O hospital admissions. Claimant did not (SEE ATTACHMENT NUMBER FIVE). Baldwin Park Police Officer Jose Jimenez did not follow California Welfare and Institutions Code 5150. Officer Jimenez falsely stated (without any pruof)i that claimant was o "danger toherself' and ''m danger to others." The criteria for writing a"515O^ requires probable cause. This includes danger to self, danger others wmmnhaokedoffbyJ.Jimunez)0ugetberwithaomoindiooUon.phorhotheodministehngofaymptomnoya mental disorder and/or grave disability. The conditions MUST EXIST under the context cfa mental illness. i) Danger toself- the person must beon IMMEDIATE threat tu themselves, || {cid i Someone who is severely depressed and wishes to die would fall under this category (although they generally have to have expressed a plan to commit suicide and not just a wish to die). 2) Danger toothers: the person must boen IMMEDIATE threat in someone else's safety. Claimant's requesting repeatedly that the BPPD put away their guns would make the situation safer, certainly imno proof of any danger ho self oranyone. (SEE ATTACHED 5157VV&! Code report NUMBER TWO) 15. List damages incurred 0udate. |ntopCnmmunityHoopito!; $3.42S.22;Bodi||o Emergency Physicians $1.U1S.00;CVK8C Professional $3OO.80. (SEE ATTACHMENTS NUMBER SIX, SEVEN, EIGHT) 16. Total amount of claim todate: $4.742.23 Basis for computation. SEE#15 Limited Civil Case Yes (amount below $1O.0OO.UO) '' '=a""'ou"""p whatever additional bills re ceiv do through December u1,2u13. Basis for computation. SEE */u. 18. Witnesses to DAMAGE orINJURY: Name Address Phone Victoria Garcia 444O Landis Avenue, A- Baldwin Park, CAD17D 020 589-2832. �/,/ � 1� C*ubject: Baldwin Park attachment list 1 of original March 1, 3O13 Baldwin Park Police Department record of Incident Number 13- 06061. Please note on the lower right-hand side where it states: NO REPORT REQUIRED. On March 4, 2O13 Lt. Cowan told Claimant there was no detailed report because, '|nemua nothing mwrite. n was a simple 'Voluntary Commdmenf." 2) Application for 72-hour Detention, "5150." Please note that Officer Jose Jimenez checks off Claimant io''e danger 0m herself " and "a danger toothena." yet provides nn evidence applicable bu the legal definition of Welfare and Institutions Code 5157. Jimenez fails ho mention in this document why Claimant was very upset with BPPD: she opened the door to find a very frightening five officers without cover on her home sidewalk with guns pointed ot her unarmed self. Also, door was answered after the first knock because Claimant expected police after requesting that her neighbor call. This was the erroneous document given tothe hospital presenting the false notion that Claimant was upset for no logical reason. 3) New error-filled two-pa�nan����¢�����Offi�[J(men���r{m�cr�indud�iy�� �om dN1omh4.2O13) ted�mdduhngmoetngwdh8��8ChiefLiUHadoeHonTxeodo�K8emh2G. after qPPD told Claimant there was nnreport. Chief HedomU kindly provided the full report toClaimant. Report by Lance Christensen, Claimanfs husband, of the incident on March 1, 2013 at 4445 Landis Avenue, home of Claimant and Dr. Christensen. 5) Citrus Valley Medical Center, Inter-Community Hospital Emergency Department Admission sheet which shows Claimant never signed, nor claimed self aa responsible party for admission. None of the items inthis document were ever mentioned to Claimant while at Inter-Community. Claimant never saw this document until obtaining it from the hospital a week after the incident. 7) Bill from BadiHo Emergency Physicians for $1/016. 8) Bill from C)/MC Professional for $3UOD0. #### To: City of Baldwin Park, 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant py 0 C L 5. Claimant's Occupation /- I Y10 �A V 2. Home Aodre§s of Claiman Q C? 6. Hrg--,Tel io!� h Nu e r �p 4^ r-T- e- 3. Business Address of Claimant 6)( CQ 7. Business Telephone Number WA, 8. Name and address to which you desire notices or communications to be sent regarding this claim: a S<� IGP-rINJ RYoccur?. 9. When dffiA 10. Names of any City employees involved in INJURY or DAMAGE: , Date: --,) - - Time: 1 Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: 11. Where did I DAMAGE or INJURY occur (dwl 4 ect f R &) 12. Describe in detail how the DAMAGE or INJURY occur ae De's i C 14. If-physician was visited due to injury, include date of first visit and physician's F71 No IbI 13. Were police or paramedics called? Yes name, address and phone number: If yes, was a report filed? Yes ❑ No 0�,' If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) Benc 6,t6c OF 'f-�/- Lci T- 15. List damages incurred to date? cA �J e— U (3 r- t' (J(::) rp V 2e; - 16. �otal amount of claim to date: $ ,i basis for Computation: 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 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: cV 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 6ury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Signature Relationship to Claimant Printed Name Date" Note: Presentation of a false claim is a felony (Penal Gode Section 72) CC Form 1 (Rev 7/06) I g;ERIJ a C v ,_...I u , , s & F. i of ro,n I CC 7 U'. V I CITY OF BALDWIN PARK 911 a R114 BALDWIN CLAIM FOR DAMAGES F L K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2913 ML 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) 19117130� KMMM= To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant - 5. Claimant's Occupation UoNn 2. Home Address of Claimant k UR E, Nle, 6. Home Telephone Number -N4V1,9=U--W"7 1 3. Business Address of Claimant , ss Y-eleph6ne Number ko 9 8, Name and address to which you desire notices o r communications to be sent regarding - , 9. When DAM E or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Da f —C C 11) Time: Name Department If claim is for Equitable Indemnity, give date claimAt served with complaint: 11. Where did DAMAGE or INJURY occur? `W-1 12. D ribe in detail how the DAMAGE or INJURY occurred. (Y-, - vvtt-, Nau a oiw 14. If physician was visited due to injury, includ date of first visit and physician's-/ 13. Were police or paramedics called? Yes I!f No ❑ name, address and phone number: If yes, was a report filed? Yes No El If yes, what is the Report No? .1 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) vxav -ch *�k b 4),t- 15. List damages incurred to date? fib wf2 yc-nv- ycrj-, y- C . b- 16, Total amount of claim to date� $ ZCVTBA� Basis for Computation: Cu 70" WO�ZL) AOTC C-s-t k m t, Limited Civil Case: X 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: CUS-V 0 M 0 % TV1 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name GA� f—Y��Address 15V-) Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: here" 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. Si n t re Relationship to Claimant Printed Nafne Date Note: Presentation of 'a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) AJ K'a i,:r3,:K,-,?n, cc� Rz v DATE: July 17, 2013 SUBJECT: Appointment of Voting Delegate for League of California Cities Annual Conference — September 110 — 20, 2013, Sacramento, CA The purpose of this report is for the City Council to appoint a voting delegate and alternate to represent the City at the League of California Cities Annual Conference. BACKGROUND /DISCUSSION This year's League of California Cities Annual Conference will be held Wednesday, September 18 through Friday, September 20, in Sacramento, California. As a part of the annual conference, the League will be holding the Annual Business Meeting on Friday, September 20 at noon at the Sacramento Convention Center. In order for the City of Baldwin Park to participate in the business meeting, it is necessary to designate a voting delegate and alternate delegate who will be present at the meeting to cast votes for the City as it relates to League business. The voting procedures are attached for the City Council's review. City delegates must be identified no later than August 2, 2013. FISCAL IMPACT NONE Staff recommends City Council appoint a delegate and alternate to represent the City at the Annual Business Meeting of the League of California Cities. ATTACHMENT League of California Cities Memorandum & Voting Delegate /Alternate Designation Form 1400 K Street, Suite 400 • Sacramento, Califdrrii „ � E AGUE Phone: 916.658.8200 Fax: 916.658.82 OF CALIFORNIA www.caOtror CITIES Council Action Advised by August 2, 2013 . PLEASE NOTE: You are receiving this letter and form earlier than usual because hotel space near the Sacramento Convention Center for the Annual Conference will be especially tight this year. As a result, we want to encourage you to make your hotel reservations early. April 26, 2013 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 18 - 20, Sacramento The League's 2013 Annual Conference is scheduled for September 18 - 20 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 20, at the Sacramento Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 23, 2013. This will allow us time to establish voting delegate /alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city cleric or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.or(r. In order to cast a vote, at least one person must be present at the -over- LEAGUE _ 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 OF CALI FORN JA www.cacities.org CITIES Annual Conference Voting Procedures 2013 Annual Conference One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CALIFORNIA CITIES CITY: 2013 ANNUAL CONFERENCE VOTING DELEGATE /ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 23, 2013. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the „Mayor or City Clerk, may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates' ) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: Iaffirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E -mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, August 23, 2013 League of California Cities FAX: (916) 658 -8240 ATTN: Mary McCullough E -mail: mmccullough @cacities.org 1400 K Street (916) 658 -8247 Sacramento, CA 9581.4 FROM: Lili Hadsell, Chief of Police ..IV ,1 ,7 DATE: JU I It, 20133 SUBJECT: New Police Helicopter Agreement with the City of El Monte PURPOSE The purpose of this report is to request Council approval for renewal of the Air Support Helicopter agreement between the City of Baldwin Park and the City of El Monte for the delivery of police helicopter services. BACKGROUND/DISCUSSION The helicopter has continued to prove itself to be a substantial resource in the prevention and suppression of criminal activity, provides unequaled coverage in area searches, is highly effective in rapid responses to calls for service, and is a significant asset in maintaining the safety and security of our citizens and police officers. The City of Baldwin Park has been receiving helicopter services through a contractual agreement with the City of El Monte; however, the agreement expired on July 1, 2013. The specifications of the contract provided for a shared use and shared expense operation between the cities of Baldwin Park, El Monte, Irwindale, Monterey Park, Azusa, and Montebello. The proposed agreement will allow the police department to continue to use helicopter law enforcement capabilities as a resource in the prevention and suppression of criminal activity. The only changes in the new agreement are the removal of "Section Six" which in the past contract was titled, "Special Missions." This section previously set forth additional costs for use of the helicopter for photo missions or community events. There are no additional costs for these services in the new agreement. The second change was the elimination of the sentence; "The year cost increase will not exceed 5% per year," has been removed from "Section Eight." There are no cost increases in the new agreement. FISCAL IMPACT Pursuant to the provision of the proposed contractual agreement, the City of Baldwin Park would continue to remit a flat rate of $67,500 per year, payable in monthly installments of $5,625.00 to the City of El Monte (unchanged from last contract). The new agreement no Helicopter Agreement W/ City of El Monte July 17, 2013 Page 2 longer charges the city for special missions (e.g. photo missions, community events). There are no automatic cost increases in the new agreement. This is a budgeted item that is already included in the 20013/20014 police budget in cost center 100. 30.340.51100. 00000. z RECOMMENDATION Staff recommends: That the City Council approve the new agreement between the City Of Baldwin Park and the City of El Monte for the delivery of police helicopter services. Attachment 2013 Helicopter Agreement CA Agmt No. 13PD10.320 2013 EL MONTE HELICOPTER PROGRAM PARTICPATION AGREEMENT (Parties: City of El Monte and City of Baldwin Park) THIS 2013 HELICOPTER PROGRAM PARTICIPATION AGREEMENT (the "Agreement ") is made and entered into on this day of 2013 by and between the CITY OF LL MON T E, a municipal corporation and general law city (hereinafter, "CITY ") and THE CITY OF BALDWIN PARK a municipal corporation and general law city ( "BALDWIN PARK "). For the purposes of this Agreement, CITY and BALDWIN PARK may be referred to collectively as the "Parties." The capitalized term "Party" may refer to CITY or BALDWIN PARK interchangeably. RECITALS WHEREAS, CITY is the owner of three R -44 Police Equipped Helicopters, Serial No. 331, Serial No. 11781 and Serial No. 1060 (collectively, the "Helicopters "); and WHEREAS, on or about March 4, 2009, the Parties executed and entered into an agreement entitled "Helicopter Agreement" (CA Agmt. No. 08096) (hereinafter, the "Master Agreement ") (A true and correct copy of the Master Agreement is attached hereto as Exhibit "A "); and WHEREAS, the Master Agreement generally provides for the shared use of the Helicopters to provide aerial support to CITY police officers and BALDWIN PARK police officers engaged in law enforcement functions in each jurisdiction; and WHEREAS, BALDWIN PARK desires to continue to utilize the Helicopters in aiding its policing function; and WHEREAS, the Parties hereby agree to terminate the previous helicopter agreement by the execution of this Agreement; and WHEREAS, the Parties have agreed that they will participate in a Helicopter Program to provide assistance to the contracted Police Departments (hereinafter "Cities" and "Agencies "), subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: CA Agmt No. 13PD10.320 Section 1. Obligations of E1 Monte. A. El Monte agrees to make the Helicopters available to Baldwin Park for use in its policing activities. In addition, El Monte shall provide full-time police officers (hereinafter "El Monte Pilots ") to pilot the Helicopters, except as provided in Section 2. El Monte shall be responsible for payment of all of the El Monte Pilots' wages and benefits as employees of the City of El Monte, and shall comply with all requirements pertaining to employer's liability, worker's compensation, unemployment insurance, and social security. B. El Monte shall procure and maintain at all times during the initial term of this Agreement or any extension thereof all appropriate liability insurance coverage for the TT Helicopters. Upon demand, El lvronic snarl provide Baldwin Park with certificates of insurance evidencing insurance coverage. All applicable insurance policies shall name Baldwin Park and all other Cities participating in the El Monte Helicopter Program as additional insureds. The Parties agree that Baldwin Park's failure to issue a written objection to the certificates of insurance within ten (10) days from its receipt by Baldwin Park shall be interpreted to mean that Baldwin Park is satisfied as to the adequacy of the insurance coverage procured and maintained by El Monte and accepts the coverage of El Monte in full. Further, El Monte shall be responsible for all maintenance or repairs to the Helicopters. Section 2. Obligations of Baldwin Park. Baldwin Park shall compensate El Monte for the use of the Helicopters pursuant to the terms of this Agreement. In addition, Baldwin Park shall provide one full -time employee. It shall be Baldwin Park's option if that employee will be an Baldwin Park Tactical Flight Officer (hereinafter "BPTFO ") or a Baldwin Park Pilot (hereinafter "BPP "). If the BPTFO /BPP is absent from work due to vacation, sick time, personal leave, or compensatory time, Baldwin Park shall make every reasonable effort to provide a replacement. If Baldwin Park is unable to provide a replacement BPTFO /BPP, the City of El Monte shall have the option of providing a Tactical Flight Officer ( "TFO ") and /or Pilot ( "P ") or ceasing flight operations until such time as a TFO /P is available for flight duty. The BPTFO /BPP shall be an employee of Baldwin Park and Baldwin Park shall be responsible for the payment of all of the BPTFO /BPPs' wages, benefits and other compensation. Baldwin Park shall also comply with all requirements pertaining to employer's liability, worker's compensation, unemployment insurance and Social Security. Section 3. Reciprocal Indemnification and Hold Harmless Provisions. A. El Monte agrees to indemnify and hold harmless Baldwin Park, its elected and appointed officers, employees and agents from and against any damage or injury to persons or property due to the negligence or willful misconduct of El Monte or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. B. Baldwin Park agrees to indemnify and hold harmless the City of El Monte, the other Program Participants and their respective elected or appointed officials, officers, employees and agents from and against any damage or injury to persons, including death, and /or CA Agmt No. 13PD 10.320 property due to the negligence or willful misconduct of Baldwin Park or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. Section 4. Mission. A. The mission of the Helicopter Program established by this Agreement shall be to provide police air support services for the Police Department of Baldwin Park and such other Cities which participate. Such services shall include, but are not limited to, emergency response calls for aerial surveillance and assistance relating to in- progress felonies, vehicle pursuits, crimes against persons or property and other like activities. B. The Helicopter Program will be based upon a planned seven (7) day availability per week basis, primarily for nighttime operations. When operations are cancelled due to weather, maintenance or any other matter causing cancellation, the personnel of the parties will be reassigned to their respective police departments for deployment. C. In such occasions where there is a request or need for air support from more than one (1) city, the mission of the Helicopter Program is to provide air support to the city with the highest priority of call as established by the nature, urgency and severity of the call. The priority determination for each particular call shall lie within the sole discretion of the TFO /P in Command. If air support cannot be provided by El Monte to Baldwin Park for a high priority, El Monte shall attempt to secure air support from another agency at no additional cost or liability to Baldwin Park. Section 5. Costs. Baldwin Park shall pay to El Monte as and for its proportionate share of the costs to use the Helicopters the maximum of sum of Sixty Seven Thousand Five Hundred Dollars ($67, 500.00) per year payable in monthly installments of Five Thousand Six Hundred and Twenty Five dollars or more ($5,625.00) commencing thirty (30) days following the execution of this Agreement. Section 6. [RESERVED NO TEXT] Section 7. Non - Liability of Official or Employee of Baldwin Park. No official or employee of Baldwin Park shall be personally liable to El Monte in the event of any default or breach by Baldwin Park for any amount of monies which may become due to El Monte under paragraphs 5 and 6. Section 8. Term. The term of this Agreement shall be for a period of five (5) years commencing from the effective date of this Agreement (hereinafter "Initial Term "). Subject to the same terms of the Agreement and provided that neither Parry is in material default under this Agreement, this Agreement may be renewed in writing by the Parties for additional terms of one (1) year each (hereinafter "Renewal Term ") upon written notice of intention to renew not less than thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. 3 CA Agmt No. 13PD10.320 Section 9. Termination. At any time during the Initial Term or any Renewal Term of this Agreement, either Party hereto shall have the right to terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other Party. The effective date of such termination shall be the thirty -first (31") day following the date of the notice of termination. Baldwin Park shall pay El Monte any costs which would otherwise be payable to El Monte for utilization of the Helicopters, which have accrued up to and including the last day of participation in the El Monte Helicopter Program. Section 10. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in writing, served upon the Party to the address and recipient designated below and conclusively deemed served when delivered personally or on the third business day aatca !-he deposit thereof itt L11 U:1it ed L'dte3 Mail, postage prepaid. All notices, demands, requests or approval hereunder shall be given to the following addresses or such other addresses as the parties may designate by written notice: EL MONTE: City of El Monte 11333 Valley Boulevard El Monte, California 91731 Attn: City Manager BALDWIN PARK: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, Calif. 91706 Attn: Police Chief Section 11. Compliance with Laws: In administering the El Monte Helicopter Program, the Parties agree at all times to observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Section 12. Binding_ Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. Section 13. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 14. No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. 4 CA Agmt No. 13PD10.320 Section 15. Assistance of Counsel. Authority to Execute. Each Party to this Agreement agrees and acknowledges to the other Party that (1) that each Party either had the assistance of counsel in the negotiation for, and execution of, this Agreement, and all related documents; and (2) that each Party has lawfully authorized the execution of this Agreement. Section 16. Dispute Resolution. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent feasible, be resolved through good faith negotiations between the Parties. If any action at law or equity is required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitled. Section 17. Arbitration. A. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the Parties mutually agree upon, provided such arbitration is approved by the legislative bodies of the respective parties. The claim or dispute being arbitrated shall be resolved in accordance with California law. B. If applicable, the arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings, including, but not limited to, discovery statutes. Each Party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: (1) The Party initiating the arbitration ( "Initiating Party ") shall prepare and submit to the other Party a list ( "List ") containing the names of not less than three (3) retired Superior Court Judges all of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively. (2) The Party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (a) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (b) strike one (1) name from the List. (3) Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his name, CA Agmt No. 13PD10.320 unless that judge's name was stricken during the ten (10) day period by the non - initiating Party. (4) If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the three retired judges named on a List, are willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not less than three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. Each Party hereto hereby agrees to pay one -half of the compensation to be paid to the Arbitrator, and except as otherwise expressly provided herein, each Party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneys' fees and related costs. By way of illustration, if the List served by the Initiating Party, upon the other Party, has the name of three (3) retired judges, A, B, and C, numbered 1, 2 and 3, respectively; and number 1 is stricken, then B, Number 2, shall be deemed, for all purposes, to be the selected Arbitrator. Section 18. Severability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this Agreement shall be void and of no further effect. Section 19. Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. Section 20. Waiver. Waiver by any Party of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. Section 21. Modification. This Agreement contains the entire understanding between the Parties. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each Party. Section 22. Effective Date. Unless otherwise specified herein, this Agreement shall become effective as of the date both Parties execute this Agreement. Section 23. Supersedes All Prior Agreements. This Agreement shall supersede all previous agreements written and approved prior to the effective date of this agreement. Date: ATTEST: Lorene Gutierrez, City Clerk of the City of El Monte Date: ATTEST: CA Agmt No. 13PD10.320 CITY OF EL MONTE Jesus Gomez Acting City Manager of the City of El Monte APPROVED AS TO FORM: Richard Padilla El Monte Assistant City Attorney CITY OF BALDWIN PARK City Manager of the City of Baldwin Park City Clerk of the City of Baldwin Park City Attorney for Baldwin Park BALD I P � A , R- K TO: PTA r.-T-1 N I UP FA WiTH 07-1 MW Honorable Mayor and Councilmembers STAFF REPORT Consent Calendar Marc Castagnola, AICP, Community Development Man. July 17, 2013 SUBJECT: Approval of (1) Resolution in support of the Healthy Eating Active Living (HEAL) grant; (2) a sub-contract with California Center for Public Health Advocacy (CCPHA) to provide staffing services to execute the Scope of Work as designated in the HEAL grant and (3) a sub-contract with Baldwin Park Unified School District to execute the Scope of Work as designated in the HEAL grant. NEMN• M This report requests that the City Council approve Resolution No. 2013-025 in support of the Healthy Eating Active Living Grant from the Los Angeles County Department of Public Health, approval of a sub-contract with California Center of Public Health Advocacy (CCPHA) to execute the Scope of Work related to the City's HEAL grant and approval of a sub-contract with Baldwin Park Unified School District (BPUSD) to execute their Scope of Work as designated in the HEAL Grant. I Overview of Healthy Eating Active Living Grant In May, 2013, the Los Angeles County Department of Public Health awarded a Healthy Eating Active Living (HEAL) grant to the City of Baldwin Park as the Lead Agency with CCPHA and BPUSD as partners for three goals over a three (3) year period. The grant's scheduled ending is September, 2016, however, grant funding is contingent upon on-going federal funding of the Centers for Disease Control and Prevention's funding of the Community Transformation Grants initiative. The approved goals of the grant, as developed by the City, and its partners CCPHA and BPUSD include.- (1) Develop and implement a city-based centralized Baldwin Park Corner Market Incentive Program with 3 to 5 small and medium pilot corner markets to increaser their availability of fruits, vegetables and other healthy foods, making the program available to all markets in subsequent years; and CAAmy1AMYM0RD\Repons\Counci1 Reports\HEAL Grant Support and CCPHA contract #3.doc Resolution in support of Heal Grant & Approval of contract with CCPHA & BPUSD July 17, 2013 PaQe 2 (2) Improve and expand the capacity of existing farmers' markets to serve more residents and youth in underserved areas of Baldwin Park by implementing systems to accept CalFresh Electronic Benefit Transfer (EBT) cards for payments and developing evidence based public health strategies that will promote and/or protect farmers' markets; and (3) Enhance collaboration between Health Eating Active Living coaches and existing school-based stakeholders involved with nutrition services in order to expand students' access to fruits, vegetables, and scratch cooking through support of HEAL Coaches. in September 2012, the City as the Lead Agency, with CCPHA and BPUSD as partners, responded to the LA County Department of Public Health's request for proposals to implement one or more evidence based strategies that will create environments where it is safe, convenient and easy for community members to eat healthier and participate in physical activity every day. The City's role is to manage the grant and to oversee the work of its partner in the implementation of the grant Scope of Work. To carry out is obligations pursuant to the Scope of Work, the Los Angeles County requires a sub-contract agreement with its partners to be approved by City Council. Therefore, the City has prepared two separate agreements in conformance with LA County requirements, one with CCPHA and one with the BPUSD on the HEAL Grant. The attached contract which is for the first term (July 17, 2013 to September 29, 2013), states that CCPHA will receive approximately $64,400 and BPUSD will receive approximately $12,400. CCPHA focus will be to implement Goals #1 and 2, while BPUSD's focus is primarily on Goal #3 of the Scope of Work as stated above. Again, per the LA County Department of Public Health fiscal year schedule ending on September 29, both sub-contract agreements shall be renewed and approved by City Council for the following successive fiscal years until September 29, 2016. JO&WAIMIJI There will be no adverse impact to the City's General Fund as a result of these contracts with CCPHA and the BPUSD. Obligations will be paid entirely from the HEAL Grant. In addition, for the current fiscal year, the City is expected to receive approximately $13,000 in staff time reimbursements. I a *0101 T, I ima -z 197-ov gr6314 It is recommended that the City Council: (1) Adopt Resolution No. 2013-025 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING CITY STAFF TO WORK ON CAArny\AMY\W0RD\Reports\Gounci1 Reports\HEAL Grant Support and CCPHA contract #3.doc Resolution in support of Heal Grant & Approval of contract with CCPHA & BPUSD July 17, 2013 Paqe 2 THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING (HEAL) GRANT"; and (2) Approve the contract with Center for Public Health Advocacy (CCPHA) to provide staffing services on behalf of the City to execute the Scope of Work for the Healthy Eating Active Living (HEAL) grant for the period, July 17, 2013 to September 29, 2013. (3) Approve the contract with the Baldwin Park Unified School District to execute the Scope of Work for the Healthy eating Active Living (HEAL) grant for the prior July 17, 2013 to September 29, 2013. ATTACHMENTS *Resolution 2013-025 *Draft Subcontract with CCPHA *Draft Subcontract with BPUSD C:\Amy\AMY\W0RDkReports\Gounci1 Reports\HEAL Grant Support and CCPHA contract #3.doc � 1 a i _ � � � � ,. RESOLUTION 2013-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING CITY STAFF TO WORK ON THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING (HEAL) GRANT. WHEREAS, the City of Baldwin Park, as the lead partner has been awarded a Healthy Eating Active Living (HEAL) grant from the Los Angeles County Department of Public Health through the Centers for Disease Control and Prevention (CDC) ) as part of the U.S. Department of Health and Human Services Community Transformation Grants initiative; and WHEREAS, the City supports the HEAL grant whose goals are to reduce obesity, prevent chronic disease, and address health disparities in the county population. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council endorses the goals contained within the City's HEAL grant work scope. SECTION 2. The City agrees, as fiscally able and is reasonable, to provide staffing to accomplish all work tasks for which the City is responsible as described in the attached Scope of Work. To carry out is obligations pursuant to the Scope of Work, the City has appointed its City Planner as Project Manager to oversee the work to be performed by the person the City hires from California Center for Public Health Advocacy (CCPHA) to do the work required of the City pursuant to the Scope of Work in addition to their own partner activities. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the City Planner. APPROVED AND ADOPTED this 17th day of July, 2013. MANUEL LOZANO, MAYOR C:VAmy\AMY\WORD\ResolutionsOrdinances\CounciI Resolutions\HEAL Grant 2013 #2.DOC ATTEST: ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 17th day of July, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALEJANDRA AVILA, CITY CLERK C:\Amy\AMY\WORD\ResolutionsOrdinances\CounciI Resolutions\HEAL Grant 2013 #2DOC KANSETI SUBCONTRACT BETWEEN DPH GRANTEE and SUBCONTRACTOR This Contract for Services (the "Contract") is made as of the date of the final signature between: the '%'.';I+I.V of Baldwin !Dark, a nonprofit, public benefit corporation Address: 14406 E. Pacific Ave. Phone: 626.960.4011 Ext. 475 FAX: (626) 962-2625 (fax) Contact: Amy Harbin, AICP, City Planner Email: aharbin@baldwinpark.com and: The California Center for Public Health Advocacy, (the "Contractor"): Address.- 14135 Francisquito Ave, Ste. 202 Phone: 626.962.5900 FAX: 626.962.5003 Contact: Rosa Soto Email: rs@publichealthadvocacy.org Federal Tax ID- 95-4723901 This contract is a subcontract under the terms of a prime contract with the County of Los Angeles and shall be subject to all of the provisions of such prime contract. Sub- contractor shall comply with the requirements of indemnification, general provisions for all insurance coverages, insurance coverage requirements, compliance with applicable law, conflict of terms, and alteration of terms, paragraphs of the body of the prime contract with County of Los Angeles and all of the provisions of the Additional Provisions attachment of such prime contract A. The City of Baldwin Park wishes to use the Contractor as an independent contractor to perform the work necessary to complete the Scope of Work described in Attachment A. #_ 111�10 B. The Contractor has the skills and expertise necessary to complete the Scope of Work in a professional and timely manner, and is willing to undertake the work on the terms and subject to the conditions of this Contract. NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained in this Contract, the sufficiency of which are mutually agreed by the parties, The City of Baldwin Park and the Contractor agree as follows. 1. PROJECT CONTRACTOR'S DUTIES. The Contractor shall furnish all labor, materials, equipment, supplies and other expenses required to complete the Project described in ATTACHMENT A: SCOPE OF WORK. 2. CONTRACT PRICE; PAYMENTS. For all of the services, materials and other items within the scope of the Project to be provided by the Contractor as described above, The City of Baldwin Park shall pay the Contractor a total amount of not more than $64,365 (the "Contract Price") subject to the terms of this Contract and in accordance with terms set forth in Attachment A. The Contractor shall submit invoices for services provided during the contract term by the 15th working day of each month following the month of services rendered. The invoices will be paid within two weeks of receipt of Contractor's invoice, with final payment held until all elements of the Scope of Work are complete. With each invoice Contractor must submit all deliverables that were provided during the billing period, and a summary of hours worked and progress made for each objective and activity. The total contract amount and scope of work is based on an hourly rate of $45/hour at 57 hours a month for the Regional Director, $39/hour at 87 hours a month for the Associate Director, $31/hour at 151 hours a month for the Deputy Project Manager, $34/hour at 52 hours a month for the Communications Manager, $19/hour at 87 hours a month for the Finance Analyst, $15/hour at 52 hours for the Local Policy Analyst, and $12/hour at 162 hours a month for each of the two (2) Interns (TBD). Staff time includes Benefits in the amount of $11,048. The following expenses are also reimbursable under the terms of this Contract: Office Supplies for $596, Program Supplies for $600, Telephone/Communications for $885, Postage for $250, Rent for $2,550, Promotional Materials for $1,010, and Travel for $900. The entire scope of work must be completed for no more than $64,365 by September 29, 2013. 3. PERFORMANCE OF WORK. The Contractor shall perform all work required under this Contract in accordance with the highest standards of the Contractor's profession or craft and to the satisfaction of The City of Baldwin Park. The Contractor shall perform all work in accordance with all laws and regulations and shall obtain any permits or licenses required. The Contractor is responsible for all of the work required under this contract as described in ATTACHMENT A: SCOPE OF WORK and may not transfer the work to another person. 4. TERM OF CONTRACT. September 29, 2013. -M# This Contract shall commence on July 17, 2013 to 5. TERMINATION. Either party may cancel this Contract at any time upon thirty days written notice. Should this occur, payment for work satisfactorily completed will be adjusted accordingly. 6. LIABILITY. The work to be performed under this Contract shall be performed entirely at the Contractor's risk. To the fullest extent provided by law, the Contractor agrees to indemnify, defend and hold The City of Baldwin Park, its agents, partner affiliates, elected and appointed officials, volunteers and employees, and the County of Los Angeles (the "indemnitees") harmless from and against any and all claims, damages, losses and expenses ("liabilities"), including without limitation reasonable attorneys' fees, arising in any way out of the performance of this Contract, whether arising before or after the completion, termination or cancellation of this Contract, and regardless of whether s u c h 11i a bilities are caused in part by an indemnitee and excluding only liabilities caused by the sole negligence or willful misconduct of the indemnitee seeking protection hereunder. The use of the deliverables and implementation thereof shall be the sole responsibility of The City of Baldwin Park. To the fullest extent provided by law, The City of Baldwin Park ("City") agrees to indemnify, defend and hold the Contractor harmless from and against all claims, damages, losses and expenses, including without limitation reasonable attorneys' fees, arising in any way from the use of the deliverables or the implementation thereof, whether arising before or after the completion, termination or cancellation of this Contract. 7. GENERAL PROVISIONS FOR ALL INSURANCE COVERAGES. Without limiting Contractor's indemnification of idemnitees and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, Contractor shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in this section and the Insurance Coverage Requirement section of this Agreement. These minimum insurance coverage terms, types and limits (the "Required Insurance") also are in addition to and separate from any other contractual obligation imposed upon Contractor pursuant to this Contract. The idemnitees in no way warrants that the Required Insurance is sufficient to protect the Contractor for liabilities which may arise from or relate to this Contract. A. Evidence of Coverage and Notice to idemnitees: A certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming idemnitees and its Agents (defined below) have been given Insured status under the Contractor's General Liability policy, shall be delivered to the County at the address shown below and provided prior to commencing services under this Contract. Renewal Certificates shall be provided to idemnitees not less than ten (10) days prior to Contractor's policy expiration dates. The idemnitees reserve the right to obtain complete, certified copies of any required Contractor and/or Sub- Contractor insurance policies at any time. Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the Contractor identified as the contracting party in this Contract. Certificates shall provide the full name of each insurer Page 3 of 10 providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand ($50,000) dollars, and list any idemnitees required endorsement forms. Neither the idemnitees' failure to obtain, nor the idemnitees' receipt of, or failure to object to a non-complying insurance certificate or endorsement, or any other insurance documentation or information provided by the Contractor, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions. Certificates and copies of any required endorsements shall be sent to: County of Los Angeles — Department of Public Health Contract Monitoring Division 5555 Ferguson Drive, Suite 210 City of Commerce, California 90022 Attention: Division Chief AND City of Baldwin Park Planning Division 14406 E. Pacific Ave. Baldwin Park CA 91706 Attention: Amy Harbin, AICP, City Planner Contractor also shall promptly report to idemnitees any injury or property damage accident or incident, including any injury to a Contractor employee occurring on idemnitees property, and any loss, disappearance, destruction, misuse, or theft of idemnitees property, monies or securities entrusted to Contractor. Contractor also shall promptly notify idemnitees of any third party claim or suit filed against Contractor or any of its Sub-Contractors which arises from or relates to this Contract, and could result in the filing of a claim or lawsuit against Contractor and/or idemnitees. B. Additional Insured Status and Scope of Coverage: The idemnitees, its special Districts, Elected and Appointed Officials, Officers, Agents, Employees and Volunteers (collectively idemnitees and its Agents) shall be provided additional insured status under Contractor's General Liability policy with respect to liability arising out of Contractor's ongoing and completed operations performed on behalf of the idemnitees. Idemnitees and its Agents additional insured status shall apply with respect to liability and defense of suits arising out of the Contractor's acts or omissions, whether such liability is attributable to the Contractor or to the idemnitees. The full policy limits and scope of protection also shall apply to the idemnitees and its Agents as an additional insured, even if they exceed the minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the required provisions herein. C. Cancellation of or Changes in Insurance: Contractor shall provide idemnitees with, or Contractor's insurance policies shall contain a provision that idemnitees Page 4 of 10 shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to idemnitees at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the idemnitees, upon which the idemnitees may suspend or terminate this Contract. D. Insurer Financial Ratings: Coverage shall be placed with insurers acceptable to the idemnitees with an A.M. Best ratings of not less than AVII unless otherwise approved by idemnitees. E. Failure to Maintain Insurance: Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Agreement, upon which idemnitees may immediately withhold payments due to Contractor, and/or suspend or terminate this Agreement. Idemnitees, at its sole discretion, may obtain damages from Contractor resulting from said breach. Alternatively, the idemnitees may purchase the Required Insurance, and without further notice to Contractor, deduct the premium cost from sums due to Contractor or pursue Contractor reimbursement. F. Contractor's Insurance Shall Be Primary: Contractor's insurance policies, with respect to any claims related to this Agreement, shall be primary with respect to all other sources of coverage available to Contractor. Any idemnitees maintained insurance or self-insurance coverage shall be in excess of and not contribute to any Contractor coverage. G. Waivers of Subrogation: To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)' right of recovery against idemnitees under all the Required Insurance for any loss arising from or relating to this Agreement. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver. H. Compensation for idemnitees Costs: In the event that Contractor fails to comply with any of the indemnification or insurance requirements of this Agreement, and such failure to comply results in any costs to idemnitees, Contractor shall pay full compensation for all costs incurred by idemnitees. 1. Sub-Contractor Insurance Coverage Requirements: Contractor shall include all Sub-Contractors as insured's under Contactor's own policies, or shall provide idemnitees with each Sub-Contractor's separate evidence of insurance coverage. Contractor shall be responsible for verifying each Sub-Contractor complies with the Required Insurance provisions herein, and shall require that each Sub- Contractor name the idemnitees and Contractor as additional insured's on the Sub-Contractor's General Liability policy. Contractor shall obtain County's prior review and approval of any Sub-Contractor request for modification of the Required Insurance. J. Deductibles and Self-insured Retentions (SIRs): Contractor's policies shall not obligate the County to pay any portion of any Contractor deductible or SIR. The idemnitees retains the right to require Contractor to reduce or eliminate policy .Mffl deductibles and SIRs as respects to the idemnitees, or to provide a bond guaranteeing Contractor's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. K. Claims Made Coverage: If any part of the Required Insurance is written on claims made basis, any policy retroactive date shall precede the effective date of this Agreement. Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Agreement expiration, termination or cancellation. L. Application of Excess Liability Coverage: Contractors may use a combination of primary, and excess insurance policies which provide coverage as broad as g ("follow form" over) the underlying primary policies, to satisfy the Required 1 __7 Insurance provisions. M.Separation of Insured's: All liability policies shall provide cross- liability coverage as would be afforded by the standard ISO (insurance Services Office, Inc.) separation of insured's provision with no insured versus insured exclusions or limitations. N. Alternative Risk Financing Programs: The idemnitees reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The idemnitees and its Agents shall be designated as an Additional Covered Party under any approved program. O.Idemnitees Review and Approval of Insurance Requirements: The idemnitees reserves the right to review and adjust the Required Insurance provisions, conditioned upon idemnitees' determination of changes in risk exposures. 8. INSURANCE COVERAGE REQUIREMENTS. A. Commercial General Liability insurance (providing scope of coverage equivalent to Insurance Services Office ["ISO"] policy form "CG 00 01"), naming idemnitees and its Agents as an additional insured, with limits of not less than.- General Aggregate: $2 Million Prod ucts/Completed Operations Aggregate: $1 Million Personal and Advertising Injury: $1 Million Each Occurrence: $1 Million B. Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form "CA 00 01") with limits of not less than $1 Million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall include cover liability arising out of Contractor's use of autos pursuant to this Agreement, including "owned", "leased", "hired", and/or "non- owned" autos, as each may be applicable. C. Workers' Compensation and Employers' Liability insurance or qualified self- ,Ma insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer, and the endorsement form shall be modified to provide that County will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. If applicable to Contractor's operations, coverage shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. 9. INDEPENDENT CONTRACTOR. The parties intend that the Contractor shall act as an independent contractor in performing its duties under this Contract. The conduct and control of the work will be solely within the purview of the Contractor. Contractor is not to be considered an agent or employee of The City of Baldwin Park for any purpose, and F_ X Y purpose, no joint venture or principal-agent relationship exists. Contractor and employees of Contractor are not entitled to any of the benefits that The City of Baldwin Park provides for its employees. If appropriate, The City of Baldwin Park will report all fees paid to Contractor to the IRS on the Form 1099. Neither The City of Baldwin Park nor Contractor shall have any right, power, or authority to create any obligation, expressed or implied on behalf of the other. Contractor shall not make any claims under The City of Baldwin Park's workers' compensation insurance coverage. The Contractor and The City of Baldwin Park understand that the Contractor is not an employee, director, or officer of The City of Baldwin Park and both parties therefore understand that the Contractor does not have any fiduciary responsibilities to The City of Baldwin Park, its elected or appointed officials, or its staff. The Contractor shall have the right to work on any other projects concurrently or subsequent to this Contract. 10. OWNERSHIP OF DOCUMENTS AND DATA. The physical embodiment of any reports, studies, photographs (and negatives), computer programs, drawings, writings or other similar works or documents, along with all supporting data and material, produced under this Contract shall be delivered to The City of Baldwin Park in digital and/or hardcopy form, and are the property of The City of Baldwin Park. Both parties are entitled to retain the physical embodiment of all documents. These materials and data may be used by the Contractor in the future provided that acknowledgement is made that the materials and data were paid for and created through a contract with The City of Baldwin Park. It is agreed that neither party will, by virtue of their relationship under this Contract, acquire any right to any copyright, patent, trademark or service mark of the other party. Contractor will not use the logo, name, or image of The City of Baldwin Park, or speak on behalf of The City of Baldwin Park, without expressed written consent. 11. CERTIFICATION. Contractor certifies that Contractor is an independent Contractor engaged in the business that is the subject of this Contract. 12. ASSIGNMENT/SUBCONTRACTING. The Contractor may not assign or transfer this Contract or subcontract for the work to be performed without the prior written consent of The City of Baldwin Park. Subject to such limitation, this Contract shall be binding Page 7 of 10 upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13. NOTICES. Any notice, demand or other communication required or permitted by this Contract shall be in writing, and will be deemed to have been delivered upon the earlier of a facsimile transmittal, electronic mail, actual receipt by personal delivery or on the third business day after deposit in the United States Mail addressed to the respective party at the address indicated above, or to such other address as may hereafter be indicated by written notice delivered in accordance with the terms of this Contract to the other party. 14. GENERAL PROVISIONS. This Contract shall become binding when signed by the parties. 1`33,hould uanly -provision of this Contract be declared by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining provisions shall continue in force and effect. This Contract shall be construed and governed by the laws of the State of California. This Contract contains the entire agreement of the parties and supersedes any prior written or oral agreements or understandings. No amendment shall be effective except in a writing signed by both parties. This Contract may be executed in any number of counterparts, which together shall constitute the agreement of the Parties. 15. ARBITRATION; ATTORNEY'S FEES. Any dispute between the parties arising from this Contract, which the parties are unable to resolve after good faith discussion and negotiation shall be submitted to mediation. The parties shall agree upon the selection of the mediator and shall share equally the costs of the mediation. Disputes must be resolved through binding mediation. 16. COOPERATION BY CITY. Upon Contractor's request, information, materials or services under The City of Baldwin Park's control and pertaining to the Project will be provided by The City of Baldwin Park to Contractor with reasonable promptness to avoid delay in the orderly progress of the Project. 17. FORCE MAJEURE. Contractor shall not be liable for any delay in the performance or failure to perform this Contract for any cause not reasonably within the control of Contractor (including without limitation, acts of God, fires, accidents to or breakdowns or mechanical failures of machinery or equipment, however caused, failure of delivery of materials from normal sources, strikes, lockouts or other labor troubles). In the event of Contractor's inability to complete its work under this contract by reason of any such cause, Contractor may cancel and terminate this Contract in whole or in part or delay performance hereunder for such reasonable period as may be necessary to permit Contractor to complete its performance under this Contract. Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. Page 8 of 10 IN WITNESS WHEREOF, the parties have caused to enter into this Agreement as of the last date written. City: Contractor: The City of Baldwin Park California Center for Public Health Advocacy By By Vijay Singhal, , Chief Executive Officer Date V#T-M-X-7jVL1 Date , Senior Director ATTACHMENT A SCOPE OF WORK Scope of Work for Subcontract with The California Center for Public Health Advocacy Date of July 17, 2013 to September 29, 2013 GOAL: By September 2016, Goal 1: Develop and implement a city-based, centralized Baldwin Park Corner Market Incentive Program with 3-5 small and medium pilot corner markets to increase their I other healthy foods, making the program available to availabilit'. .-%f, fruits, vegetables, and otil H I tie all markets in subsequent years. Goal 2: Improve and expand the capacity of existing farmer's market to serve more residents and youth in underserved areas of Baldwin Park by implementing systems to accept CalFresh Electronic Benefit Transfer (EBT) cards for payments and developing evidence-based public health strategies that will promote and/or protect farmer's markets. Goal 3: Enhance collaboration between Healthy Eating Active Living (HEAL) coaches and existing school-based stakeholders involved with nutrition services in order to expand student's access to fruits, vegetables and scratch cooking through support of HEAL coaches. 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O m E r- m (1) C) to C: to 0 E (c.) a) 0) m- CL CD c 0 0) C: o m> C co m E 0 (n 0 0 - 0 0 0 ul m 0 M (n 0 — - Z� m m 0 0) O. 0 m M- 0 0-0 L) 0 (n C: C C m cn 0 E -o a- a) 0- g 2 a) C) t C: 0.2 0 0 M " 7a3 m C) w 0 C) 15 0 :3 C: C) -0— v > 0 -0 < w 0 U) U) UJ 0 C -0 _0 UJ -0 = a) 0 E (n — w o c m 0 C =- U) c m 0 5 0 M 0 (n 7 6 -0 i M 75 .C) 0) o Fn 0- c CD M N 0 < 0 c 0 w m 0 0 Lu 0 -r U) 0 a) Q. -- a) U) 0- 0 0 LO CO co co co co co LU Q 0'r,4 c _lz > P m 0 0 Y m 0 -a-) r c C) > 0 0 0 Uj n 70 0) Z3 j_- m C) 70 E m a m 73 -0 0 C W W C) C'4 0 0 N CL CL uj i • , � � � • # r 4 IRIla% BAMWI-N P, A, R, K This Contract for Services (the "Contract") is made as of the date of the final signature between: the City of Baldwin Park, a nonprofit, public benefit corporation Address: 14406 E. Pacific Ave. Phone- 626.960.4011 Ext. 475 FAX: (626) 962-2625 (fax) Contact: Amy Harbin, AICP, City Planner Email: aharbin@baldwinpark.com and- The Baldwin park Unified School District, (the "Contractor")- Address: 3699 North Holly Avenue Phone: 626.962.3311 Contact: Christine A. Dennis, Assistant Superintendent Email: cadennis922@bpusd.net Federal Tax ID: This contract is a subcontract under the terms of a prime contract with the County of Los Angeles and shall be subject to all of the provisions of such prime contract. Sub- contractor shall comply with the requirements of indemnification, general provisions for all insurance coverages, insurance coverage requirements, compliance with applicable law, conflict of terms, and alteration of terms, paragraphs of the body of the prime contract with County of Los Angeles and all of the provisions of the Additional Provisions attachment of such prime contract RECITALS: A. The City of Baldwin Park wishes to use the Contractor as an independent contractor to perform the work necessary to complete the Scope of Work described in Attachment A. B. The Contractor has the skills and expertise necessary to complete the Scope of Work in a professional and timely manner, and is willing to undertake the work on the terms and subject to the conditions of this Contract. Poge 1 of 10 NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained in this Contract, the sufficiency of which are mutually agreed by the parties, The City of Baldwin Park and the Contractor agree as follows. 1. PROJECT CONTRACTOR'S DUTIES. The Contractor shall furnish all labor, materials, equipment, supplies and other expenses required to complete the Project described in ATTACHMENT A: SCOPE OF WORK. 2. CONTRACT PRICE; PAYMENTS. For all of the services, materials and other items within the scope of the Project to be provided by the Contractor as described above, The City of Baldwin Park shall pay the Contractor a total amount of not more than $12,396 (the "Contract Price") subject to the terms of this Contract and in accordance with terms set forth in Attachment A. The Contractor shall submit invoices for services provided during the contract term by the 7 th working day of each month following the month of services rendered. The invoices will be paid within two weeks of receipt of Contractor's invoice, with final payment held until all elements of the Scope of Work are complete. With each invoice Contractor must submit all deliverables that were provided during the billing period, and a summary of hours worked and progress made for each objective and activity. 3. PERFORMANCE OF WORK. The Contractor shall perform all work required under this Contract in accordance with the highest standards of the Contractor's profession or craft and to the satisfaction of The City of Baldwin Park. The Contractor shall perform all work in accordance with all laws and regulations and shall obtain any permits or licenses required. The Contractor is responsible for all of the work required under this contract as described in ATTACHMENT A: SCOPE OF WORK and may not transfer the work to another person. 4. TERM OF CONTRACT. This Contract shall commence on July 17, 2013 to September 29, 2013. 5. TERMINATION. Either party may cancel this Contract at any time upon thirty days written notice. Should this occur, payment for work satisfactorily completed will be adjusted accordingly. 6. LIABILITY. The work to be performed under this Contract shall be performed entirely at the Contractor's risk. To the fullest extent provided by law, the Contractor agrees to indemnify, defend and hold The City of Baldwin Park, its agents, partner affiliates, elected and appointed officials, volunteers and employees, and the County of Los Angeles (the "indemnitees") harmless from and against any and all claims, damages, losses and expenses ("liabilities"), including without limitation reasonable attorneys' fees, arising in any way out of the performance of this Contract, whether arising before or after the completion, termination or cancellation of this Contract, and regardless of whether such liabilities are caused in part by an indemnitee and excluding only liabilities caused by g�M the sole negligence or willful misconduct of the indemnitee seeking protection hereunder. The use of the deliverables and implementation thereof shall be the sole responsibility of The City of Baldwin Park. To the fullest extent provided by law, The City of Baldwin Park ( "City ") agrees to indemnify, defend and hold the Contractor harmless from and against all claims, damages, losses and expenses, including without limitation reasonable attorneys' fees, arising in any way from the use of the deliverables or the implementation thereof, whether arising before or after the completion, termination or cancellation of this Contract. 7. GENERAL PROVISIONS FOR ALL INSURANCE COVERAGES. Without limiting Contractor's indemnification of indemnitees and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, Contractor shall provide a Mainiain t its own . and ss��n�car�e at es� over exNcttsc insurance coverage satisfying the lequl{e{61e{{ls s(JeC:ll {eU in this section and the Insurance Coverage Requirement section of this Agreement. These minimum insurance coverage terms, types and limits (the "Required Insurance ") also are in addition to and separate from any other contractual obligation imposed upon Contractor pursuant to this Contract. The indemnitees in no way warrants that the Required Insurance is sufficient to protect the Contractor for liabilities which may arise from or relate to this Contract. A. Evidence of Coverage and Notice to indemnitees: A certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming indemnitees and its Agents (defined below) have been given insured status under the Contractor's General Liability policy, shall be delivered to the County at the address shown below and provided prior to commencing services under this Contract. Renewal Certificates shall be provided to indemnitees not less than ten (10) days prior to Contractor's policy expiration dates. The indemnitees reserve the right to obtain complete, certified copies of any required Contractor and /or Sub - Contractor insurance policies at any time. Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the Contractor identified as the contracting party in this Contract. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self - insured retentions exceeding fifty thousand ($50,000) dollars, and list any indemnities required endorsement forms. Neither the indemnitees' failure to obtain, nor the indemnitees' receipt of, or failure to object to a non- complying insurance certificate or endorsement, or any other insurance documentation or information provided by the Contractor, its insurance broker(s) and /or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions. Certificates and copies of any required endorsements shall be sent to: Page 3 of 10 County of Los Angeles — Department of Public Health Contract Monitoring Division 5555 Ferguson Drive, Suite 210 City of Commerce, California 90022 Attention: Division Chief WIES City of Baldwin Park Planning Division 14403 E. Pacific Ave. Baldwin Park CA 91706 Attention: Amy Harbin, AICP, City Planner Contractor also shall promptly report to indemnitees any injury or property damage accident or incident, including any injury to a Contractor employee occurring on indemnitees property, and any loss, disappearance, destruction, misuse, or theft of indemnitees property, monies or securities entrusted to Contractor. Contractor also shall promptly notify indemnitees of any third party claim or suit filed against Contractor or any of its Sub- Contractors which arises from or relates to this Contract, and could result in the filing of a claim or lawsuit against Contractor and /or indemnitees. B. Additional Insured Status and Scope of Coverage: The indemnitees, its special Districts, Elected and Appointed Officials, Officers, Agents, Employees and Volunteers (collectively indemnitees and its Agents) shall be provided additional insured status under Contractor's General Liability policy with respect to liability arising out of Contractor's ongoing and completed operations performed on behalf of the indemnitees. Indemnitees and its Agents additional insured status shall apply with respect to liability and defense of suits arising out of the Contractor's acts or omissions, whether such liability is attributable to the Contractor or to the indemnitees. The full policy limits and scope of protection also shall apply to the indemnitees and its Agents as an additional insured, even if they exceed the minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the required provisions herein. C. Cancellation of or Changes in Insurance: Contractor shall provide indemnitees with, or Contractor's insurance policies shall contain a provision that indemnitees shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to indemnitees at least ten (10) days in advance of cancellation for non - payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the indemnitees, upon which the indemnitees may suspend or terminate this Contract. D. Insurer Financial Ratings: Coverage shall be placed with insurers acceptable to the indemnitees with an A.M. Best ratings of not less than A:VII unless otherwise approved by indemnitees. E. Failure to Maintain Insurance: Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Agreement, upon which indemnitees may immediately withhold payments due to Contractor, and/or suspend or terminate this Agreement. Indemnitees, at its sole discretion, may obtain damages from Contractor resulting from said breach. Alternatively, the indemnitees may purchase the Required Insurance, and without further notice to Contractor, deduct the premium cost from sums due to Contractor or pursue Contractor reimbursement. F. Contractor's Insurance Shall Be Primary: Contractor's insurance r)olicies, with respect to any claims related to this Agreement, shall be primary with respect to r- zi ail other sources of coverage available to Contractor. Any indemnitees maintained insurance or self-insurance coverage shall be in excess of and not contribute to any Contractor coverage. G. Waivers of Subrogation: To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)' right of recovery against indemnitees under all the Required Insurance for any loss arising from or relating to this Agreement. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver. H. Compensation for indemnitees Costs: In the event that Contractor fails to comply with any of the indemnification or insurance requirements of this Agreement, and such failure to comply results in any costs to indemnitees, Contractor shall pay full compensation for all costs incurred by indemnitees. I. Sub-Contractor Insurance Coverage Requirements- Contractor shall include all Sub-Contractors as insured's under Contactor's own policies, or shall provide indemnitees with each Sub-Contractor's separate evidence of insurance coverage. Contractor shall be responsible for verifying each Sub-Contractor complies with the Required Insurance provisions herein, and shall require that each Sub-Contractor name the indemnitees and Contractor as additional insured's on the Sub-Contractor's General Liability policy. Contractor shall obtain County's prior review and approval of any Sub-Contractor request for modification of the Required Insurance. J. Deductibles and Self-insured Retentions (SIRs): Contractor's policies shall not obligate the County to pay any portion of any Contractor deductible or SIR. The indemnitees retains the right to require Contractor to reduce or eliminate policy deductibles and SIRs as respects to the indemnitees, or to provide a bond guaranteeing Contractor's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. K. Claims Made Coverage- If any part of the Required Insurance is written on claims made basis, any policy retroactive date shall precede the effective date of this Agreement. Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Agreement expiration, 111�8 termination or cancellation. L. Application of Excess Liability Coverage: Contractors may use a combination of primary, and excess insurance policies which provide coverage as broad as ("follow form" over) the underlying primary policies, to satisfy the Required Insurance provisions. M.Separation of Insured's: All liability policies shall provide cross- liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insured's provision with no insured versus insured exclusions or limitations. N. Alternative Risk Financing Programs: The indemnitees reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk nim-kneinn groups, pooling arrangements and captive insurance -to satisfy I\ VUI�11"�111�1 �J V%a%J 11 I�J CAI I CA L C31 IU %,C3 LI U I L Ll the Required Insurance provisions. The indemnitees and its Agents shall be designated as an Additional Covered Party under any approved program. O_ Indemnitees Review and Approval of Insurance Requirements: The indemnitees reserves the right to review and adjust the Required Insurance provisions, conditioned upon indemnitees' determination of changes in risk exposures. 8. INSURANCE COVERAGE REQUIREMENTS. A. Commercial General Liability insurance (providing scope of coverage equivalent to Insurance Services Office ["ISO"] policy form "CG 00 01"), naming indemnitees and its Agents as an additional insured, with limits of not less than: General Aggregate: $2 Million Prod ucts/Completed Operations Aggregate: $1 Million Personal and Advertising Injury: $1 Million Each Occurrence: $1 Million B. Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form "CA 00 01") with limits of not less than $1 Million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall include cover liability arising out of Contractor's use of autos pursuant to this Agreement, including "owned", "leased", "hired", and/or "non- owned" autos, as each may be applicable. C. Workers' Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer, and the endorsement form shall be modified to provide that County will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. If applicable to Contractor's operations, coverage shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. 9. INDEPENDENT CONTRACTOR. The parties intend that the Contractor shall act as an independent contractor in performing its duties under this Contract. The conduct and control of the work will be solely within the purview of the Contractor. Contractor is not to be considered an agent or employee of The City of Baldwin Park for any purpose, and no joint venture or principal-agent relationship exists. Contractor and employees of Contractor are not entitled to any of the benefits that The City of Baldwin Park provides for its employees. If appropriate, The City of Baldwin Park will report all fees paid to Contractor to the IRS on the Form 1099. Neither The City of Baldwin Park nor Contractor shall have any right, power, or authority to create any obligation, expressed or implied on behalf of the other. Contractor shall not make any claims under The City of Baldwin Park's workers' compensation insurance coverage. The Contractor and The City of Baldwin Park understand that the Contractor is not an employee, director, or officer nf The City of BaIdXAAM Park and both parties therefore understan A that the — The VVINN Park Ll I parties 0 Ll I stand L Contractor does not have any fiduciary responsibilities to The City of Baldwin Park, its elected or appointed officials, or its staff. The Contractor shall have the right to work on any other projects concurrently or subsequent to this Contract. 10. OWNERSHIP OF DOCUMENTS AND DATA. The physical embodiment of any reports, studies, photographs (and negatives), computer programs, drawings, writings or other similar works or documents, along with all supporting data and material, produced under this Contract shall be delivered to The City of Baldwin Park in digital and/or hardcopy form, and are the property of The City of Baldwin Park. Both parties are entitled to retain the physical embodiment of all documents. These materials and data may be used by the Contractor in the future provided that acknowledgement is made that the materials and data were paid for and created through a contract with The City of Baldwin Park. It is agreed that neither party will, by virtue of their relationship under this Contract, acquire any right to any copyright, patent, trademark or service mark of the other party. Contractor will not use the logo, name, or image of The City of Baldwin Park, or speak on behalf of The City of Baldwin Park, without expressed written consent. 11. CERTIFICATION. Contractor certifies that Contractor is an independent Contractor engaged in the business that is the subject of this Contract. 12. ASSIGNMENT/SUBCONTRACTING. The Contractor may not assign or transfer this Contract or subcontract for the work to be performed without the prior written consent of The City of Baldwin Park. Subject to such limitation, this Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13. NOTICES. Any notice, demand or other communication required or permitted by this Contract shall be in writing, and will be deemed to have been delivered upon the earlier of a facsimile transmittal, electronic mail, actual receipt by personal delivery or on the third business day after deposit in the United States Mail addressed to the respective party at the address indicated above, or to such other address as may hereafter be indicated by written notice delivered in accordance with the terms of this Contract to the Page 7 of 10 other party. 14. GENERAL PROVISIONS. This Contract shall become binding when signed by the parties. Should any provision of this Contract be declared by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining provisions shall continue in force and effect. This Contract shall be construed and governed by the laws of the State of California. This Contract contains the entire agreement of the parties and supersedes any prior written or oral agreements or understandings. No amendment shall be effective except in a writing signed by both parties. This Contract may be executed in any number of counterparts, which together shall constitute the agreement of the Parties. 15. ARBITRATION; ATTORNEY'S FEES. Any dispute between the parties arising from Liles ContracL , which L n 1-ich the parties are unable to resolve after good faith discussion and t negotiation shall be submitted to mediation. The parties shall agree upon the selection of the mediator and shall share equally the costs of the mediation. Disputes must be resolved through binding mediation. 16. COOPERATION BY CITY. Upon Contractor's request, information, materials or services under The City of Baldwin Park's control and pertaining to the Project will be provided by The City of Baldwin Park to Contractor with reasonable promptness to avoid delay in the orderly progress of the Project. 17. FORCE MAJEURE. Contractor shall not be liable for any delay in the performance or failure to perform this Contract for any cause not reasonably within the control of Contractor (including without limitation, acts of God, fires, accidents to or breakdowns or mechanical failures of machinery or equipment, however caused, failure of delivery of materials from normal sources, strikes, lockouts or other labor troubles). In the event of Contractor's inability to complete its work under this contract by reason of any such cause, Contractor may cancel and terminate this Contract in whole or in part or delay performance hereunder for such reasonable period as may be necessary to permit Contractor to complete its performance under this Contract. Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. IN WITNESS WHEREOF, the parties have caused to enter into this Agreement as of the last date written. City: Contractor.- The City of Baldwin Park Baldwin Park Unified School District By By v,jay Singhal, Chief Executive Officer MM Date ATTACHMENT A SCOPE OF WORK Scope of Work for Subcontract with the Baldwin Park Unified School District Date of July 17, 2013 to September 29, 2013 GOAL: By September 2016, Goal 1: Develop and implement a city-based, centralized Baldwin Park Corner Market Incentive Program with 3-5 small and medium pilot corner markets to increase their availability of fruits, vegetables, and other healthy foods, making the program available to all markets in subsequent years. Goal 2: Improve and expand the capacity of existing farmer's market to serve more residents and _youth in underserved areas of Baldwin Park by implementing systems to accept CalFresh Electronic Benefit Transfer (EBT) cards for payments and developing evidence-based public health strategies that will promote and/or protect farmer's markets. Goal 3- Enhance collaboration between Healthy Eating Active Living (HEAL) coaches and existing school-based stakeholders involved with nutrition services in order to expand student's access to fruits, vegetables and scratch cooking through support of HEAL coaches. Please see Exhibit "A" attached. I LLJ 7: C) -j co D CL LL 0 w ry n LLI C) U) Lij -i LU U) 0 LL 0 Z D 0 0 0 LLI a_ 0 C) co • • O RS 0 E 0 E Q. 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FROM: Lili Hadsell, Chief of Police I 21RlULZiyEc SUBJECT: Agreement for Enforcement Services at Irwindale Event Center Purpose To seek City Council approval for an agreement between the City of Irwindale and the City of Baldwin Park for overtime expenditures incurred at the Irwindale Event Center. The contract would reimburse the City of Baldwin Park for the utilization of police officers providing enforcement services at the Event Center. Background The Irwindale Event Center sponsors public events throughout the year that attract large amount of spectators. The City of Irwindale Police Department on occasion cannot meet the enforcement demands of the Event Center during these events. In such events the Baldwin Park Police Department must provide assistance based on our existing Mutual Aide Agreement, without compensation to our City. Anticipated increased Event Center enforcement demands can be staffed with Baldwin Park Police Officers on an overtime basis, with the approval of this agreement. This agreement allows the City of Baldwin Park to obtain reimbursement of personnel costs for officers assigned to patrol the Event Center when needed. The City of Baldwin Park will be compensated at an overtime rate for this service by the City of Irwindale. The city attorney has reviewed the agreement. Fiscal Impact There will be no negative impact to the general fund. Recommendation It is recommended that the City Council (1) Approve the contract agreement for overtime reimbursement between the City of Irwindale and the City of Baldwin Park, and (2) City Council authorize the Chief of Police to sign and execute the contract agreement. Attachments • Agreement for Enforcement Services at Irwindale Event Center sGO ! r '.... 1 R Contractor for an increase in compensation up to five percent (5%) of the Contract Sum. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Term. Unless earlier terminated in accordance with Section 7.2 of this Agreement, this Agreement shall continue in full force and effect for two (2) years from the Effective Date of this Agreement, 4.1 Prohibition Against Subcontracting or Assignment. The Agreement is not assignable in whole or in part without consent of both parties as memorialized and signed by the City. Any such prohibited assignment or transfer shall be void. 4.2 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees or agents, or in fixing their number, compensation or hours of service, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written • a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City. 0 U11?UCA11L Lld WVN-1-111 11L Code Indemnification Piir tinn+ to Government Code Section 8905.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or omission occurring in the performance of that party's obligations under this Agreement or the same extent that such liability would be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. 6.1 Use of Data. Any survey or other product developed by the Contractor pursuant to this Agreement is the property of the City, and shall not be used in any manner by the Contractor unless authorized by the City. 6.3 Examination and Audit. Contractor shall be subject to the examination and audit by the City for a period • three (3) y- p - der this Agreement. The examination and audit shall • confined to those matters connected with the performance of this Agreement, including, bull not limited to, the costs of administering the Agreement. �7171'1,1' 5 7.1 California Law. 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 appropriate court of the County of Los Angeles, State of California. 7.2 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided elsewhere in this Agreement. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the City, but in no A-1;—, +enrn-Iinn+;^n even', less thnn five (5�- days. Upon uJUINUPY, of canx, noti— o IIL 1 .1 11 1 - ..Y 11 Ll%"- ajf Contractor shall immediately cease all services hereunder except such as may be specifically approved by the City. The Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the City thereafter in accordance with the Schedule of Compensation or such as may be approved by the City. R� 1,01 8.1 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. 8.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of the Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.3 Corporate Authority. 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. 9.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. SIGNATURE PAGE TO THE AGREEMENTFOR ENFORCEMENT SERVICES AT IRWINDALE EVENT CENTER BY AND BETWEEN T IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above Uystoll 011MMIMM F.111 "a 01110]TLJ Q ITTAIM Eel No= rij.1.1mal 090-:117T 642 116IRT9110KIN E21=U CITY: CITY OF IRWINDALE, A /A municipal corporation M City Manager limp 5ZE1114i 09114MIMONS161MINIA 0 Chief • Police Baldwin Park Police Dept- EXHIBIT A SCOPE OF SERVICES In accordance with the terms of this Agreement, Contractor may assign officers to conduct patrol and enforcement services at the Irwindale Event Center ( "Event Center ") in the City of Irwindale ( "City ") during such times and in such amounts as requested by the City's Chief of Police or his designee in writing at least twenty -four (24) hours before any event at the Event Center. The assignment of officers shall be coordinated bet�,,een the City's Patrol Sergeant or y - Patrol Lieutenant and Contractor. For each shift that Contractor's officers will be assisting the City, each of Contractor's officers should attend the City's shift or event briefing. Contractor shall provide, as needed, one supervisor to work each shift when four (4) or more officers of Contractor are assigned. Contractor's officers will be under the supervision of the City's shift or event supervisor when a supervisor from the Contractor is not scheduled. For each shift or event that Contractor is providing officers to the City, Contractor shall provide all necessary documentation and other information requested by City to City as may be reasonably necessary for City to secure reimbursement from the Event Center for police, patrol, or other enforcement services. 1W7:11:3111i 3 1. Compensation. City agrees to reimburse the Contractor for hourly salaries paid to uniformed personnel assigned by the Contractor under this Agreement, at the following rate: Contractor's personnel reimbursement rate, not to exceed $132.00 per hour. rN Contractor will not be reimbursed for mileage or any indirect costs, beyond the reimbursement listed above. Payment will be sent to the Office of the Chief of Police, Baldwin Park Police Department. 2. Method of Pam. Contractor agrees to submit requests for reimbursements to the City at the end of each month for each individual shift worked by Contractor's officers pursuant to this Agreement. Each request shall include: a. An invoice of hours spent providing services under this Agreement, in a form approved by the City's Finance Director. b. Time Sheet/Overtime sheet listing officer names and the number of hours worked by each. c. Documentation showing the hourly rate of each officer. In no case will Contractor be reimbursed for more than twelve (12) hours of time per police officer per shift. I 1 BALDWIN CITY OF BALDWIN PARK JUL 17 ITEM N0. AGENDA STAFF REPORT TO: Honorable Mayor and Members of the Ci Council FROM Daniel_ Wall, Director of Public Works A DATE: July 17, 2013 SUBJECT: APPROVE MOU WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO PARTICIPATE IN THE EZ TRANSIT PASS PROGRAM This report requests the City Council authorize the execution of a Memorandum of Understanding (MOU) with Los Angeles County Metropolitan Transportation Authority (MTA) and grant signature authority to the Director of Public Works for the participation in the EZ Transit Pass Program. F3_ToiXel0ei1 Zle7 The MTA, offers several transit programs to support regional transportation in our region. The EZ transit pass Program is a regional transit pass program issuing regular, premium, and special user regional passes allowing passengers to transfer among participating transit systems, providing increased mobility throughout the County of Los Angeles. On April 25, 2002 the MTA Board of Directors, approved the MTA's participation in the EZ Transit Pass Program and approved program elements as described in the Board report, included as a part of the attached MOU. DISCUSSION Participation in EZ Transit Pass program will likely increase bus ridership within Baldwin Park. The MTA will reimburse the City for fares being paid with the EZ Transit Pass. Staff and Southland Transit, Inc. will track the programs for reimbursements. Approve IVITA Contract — EZ Transit Pass Program Page 2 of 2 July 17, 2013 FISCAL IMPACT There will be no impacts to City's General Fund or any special funds resulting from the City's participation in this program. RECOMMENDATION Staff recommends that the City Council- Authorize the execution of Memorandum of Understanding with MTA and grant signature authority to the Director of Public Works. ATTACHMENT MOU — EZ Transit Pass Program EZ TRANSIT PASS PROGRAM AND THE CITY OF BALDWIN PARK This Agreement regarding Usage and Fare Reimbursement ("Agnaemantlis made and entered into as of April 1, 2013, by and between the Los Angeles County Metropolitan Transportation Authority (the "LACMTA"), a public agency, corporate and politic, and the City of Baldwin Park (the "CITY"), a municipal corporation, operating Baldwin Park Transit (BPT), referred to herein individually as a "Party" or collectively oa the "Partien.^ ntxftra�� This Agreement is made and entered into with respect to the following facts: WHEREAS, the EZ transit pass Program isa regional transit pass program which issues regular premium and special user regional passes (cxdleoUvely,an"EZ transit oaoa) that will allow patrons to transfer among participating transit systems, thus providing seamless travel and increased mobility throughout the greater Los Angeles County area; and WHEREAS, at the April 25, 2002 meeting of the LACMTA Board of Directors, the Board approved the LACK8TA's participation in the EZ transit pass Program and approved program elements as described in the Board report, dated April 25, 2002, included herein in as Attachment A; and WHEREAS, the CITY desires to participate in the EZ transit pass Program; and WHEREAS, the LACMTA and the CITY recognize that increased public transit use has a beneficial impact on the quality of life for the communities that are served; and WHEREAS, the LACMTA and the CITY and agree that the C|TY's honoring ofthe EZ transit pass fare media as part of the CITY's operation of the BPT shall provide greater convenience and easier mobility for public transportation users in Los Angeles County; and WHEREAS, rules and procedures for participation kl this program are outlined in the "Los Angeles County EZ transit pass Regional Program Guidelines for Participating Agencies," included herein and referenced oa Attachment B (the ^EZ transit pass Guide|inee"). Amendments tu the EZ transit pass Guidelines document can only be approved bya simple majority ru|ingoftheLoe,4nge|ea County Bus Operations Subcommittee (BOS) and the Local Transit Systems Subcommittee (LTSS) with the concurrence of the LACK8TA CEO; and WHEREAS, the Parties expanded the EZ transit pass Program to include K8etno|ink fare media in order to further increase mobility and enhance the seamless travel experience in the greater Los Angeles County area; and WHEREAS, at the September 25, 2003 meeting of the LACMTA Board of Directors, the Board approved the extension of the EZ transit pass Program to an annual renewing program and approved the Southern California Regional Rail Authority's (GCRHA'o) participation in the EZ transit pass Program; and WHEREAS, "MeinzUnk Fare Boarding" refers hoa boarding nnonEZ transit pass participating transit system using Metrolink fare media; and WHEREAS, the LACMTA is willing to reimburse participating Los Angeles County transit systems for K8etroink Fare Boardinga through the EZ transit pass Program; and WHEREAS, at the September 27, 2007 meeting of the LACMTA Board of Directors, the Board approved m new fare reimbursement method tobe effective July 1'2O07;and NOW, THEREFORE, THE PARTIES AGREE to the terms and conditions set forth aafollows: SERVICE PROVISION A. The CITY will honor all valid EZ transit passes on all of the CITY's local fixed route service bus lines. B. The CITY will participate in the EZ transit pass Program in accordance with the terms and conditions contained herein and in the LACMTA Board report attached as Attachment A and the EZ transit pass Guidelines attached ao Attachment 8. C. K4ETROL|NR PARTICIPATION |NEZ TRANSIT PASS PROGRAM 1. The rules and procedures for accepting valid Metrolink fare media are outlined in the "Guidelines for Accepting Metrolink Fare Media", included herein by reference as Attachment hereto, (the "K8etro|inh Fare Guidelines"). Amendments to the Motro|ink Fare Guidelines document can only be approved by a simple majority ruling of the Los Angeles County Bus Operations Subcommittee (BOS) and the Local Transit Systems Subcommittee (LTGS) with the concurrence of the LACMTACEO. 2. During the term of this Agreement, the LACMTA shall reimburse the CITY anamount equal to the net value of the total Metrolink fare boardings times the higher of the Average Fare or the Average Cash Fare, as defined in the EZ transit pass Guidelines. 3. The annual value of the reimbursements for Metrolink Fare Boardings provided for by this K8OUie estimated mt |i may increase or decrease each year depending on actual boendinQa and the fare policy of the CITY. 4. The description of Valid Metrolink Fare Media, the mechanics of the reimbursement for K8etroUnk Fona Boondinga, and methods for counting or estimating K8ntrn|ink Fare Boardinga are described in the K8etnz|ink Fare Guidelines. 5. The CITY will honor all valid "Metru|inkFona Media" on all of the {}|TY'e local fixed route bus lines. G. The CITY will also honor all valid senior and disabled yNetro|inkhare media. Identification requirements for senior and disabled Metrolink Fare Media shall be the same as those described in the EZ transit pass Guidelines. 7. The Metrolink Fare Media shall now be considered part of the EZ transit pass Program and shall be considered valid regular EZ transit pass fare media. 8. K8etro|inh Fare Media include the EZ transit pass logo. LACK4TA will work with SCRRA to ensure that Metrolink Fare Media continue to include the EZ transit pass logo and are updated as soon as possible when necessary to reflect any changes to the EZ transit pass|ogo. MOU Agreement EZ Pass Agency 8. The CITY may, at its option, choose to record Metrolink Fare Boardings as EZ transit pass boardings.so long ason accepted methodology in used ho allocate the bnandingn between EZ transit pass Boordingoond W1etro|ink Fare Boardinga for purposes of reimbursement. Accepted methodologies for making this allocation are described in the K8etno|ink Fare Guidelines. 10. Subject to item 1. C 9, above, the CITY shall be responsible for keeping accurate records of all "K8etro|ink Fare BoavdinQa.^ 11. At its own expense, the LACMTA may conduct its own studies or surveys to verify the accuracy and reasonableness of the CITY's Metrolink Fare Boardings data on the BPT system. 12. The CITY shall report to the LACN1TA its total annual K8etno|ink Fare Boardings, a subset of its total EZ transit pass Boardings, within 90 days of the close of each fiscal year. The LACK8TA may, a[ its own expense, audit the C|TY'syNetro|inkFare Boardings data collection methodology and the data itself as described in the EZ transit pass Guidelines. A. In addition to the reimbursement for Metrolink Fare Boardings, during the term of this Agreement, the LACIVITA shall also reimburse the CITY an amount equal to the net value of the total EZ transit pass boardings times the higher of the Average Fare or Average Cash Fare, oo defined |n the EZ transit pass Guidelines less the EZ transit pass sales revenue received by the CITY during the same period. The methodology for calculating Average Fare, Average Cash Fare and the mechanics of reimbursement are described in the EZ transit pass Guidelines. B. The annual value of the EZ transit pass reimbursements provided for by this MOU is estimated at |i may increase or decrease each year depending on actual boardings and the fare policy of the CITY. C. EZ transit pass Sales Revenue The CITY shall collect revenues from its sale ofEZ transit passes. These revenues shall be accounted for and reported to the LACMTA in the fare reimbursement invoice as required by the EZ transit pass Guidelines. D. Media Cost and Distribution The LACIVITA will have sole responsibility for the distribution of the EZ transit pass fare media hn sales outlets and all of the C)TY'a designated outlets. The LACK8TA will assume all costs for the printing and distribution of the EZ transit pass fare media. E. Marketing The CITY will market the EZ transit pass Program in its current customer service and marketing programs and participate in countywide joint marketing efforts. A. The EZ transit pass monthly sale period ot all the CITY's designated sales outlets shall commence no earlier than the 25th of the previous month and continue until the 1 Oth of the current EZ transit pass month. B. All of the C\TY'o designated aaleaoutletnmuatenterintoaonnsignmentagnaennentvvdhthe CITY for the sale of the EZ transit pass fare media. All customer service toEZ transit pass sale vendors shall be conducted by the CITY. MOU Agreement EZ Pass Agency A. The CITY shall be responsible for keeping accurate records of all EZ transit pass boardings. Accepted methodologies for data collection are described kl the EZ transit pass Guidelines. B. Each invoice shall include the applicable MOU number. • For the EZ transit pass invoices, the MOU number ksMOU.PEZBPK. • For Metrolink fare media invoices, the MOU number is MOU.PEMBPK. C. Invoices shall be sent to: Los Angeles County Metropolitan Transportation Authority / Accounts Payable P.O. Box 5122S8 Los Angeles, CA 90051-0296 A copy shall be sent to: � Rufus Cayetano Los Angeles County Metropolitan Transportation Authority (LACMTA) One Gobavvay Plaza. (K8uilstop-Q9-23-4) Los Angeles, CA 90012'2953 A. At its own expense, the LACMTA may conduct its own studies ursurveys to verify the accuracy and reasonableness of the CITY's EZ transit pass usage data on the BPT system. B. Records of the LACMTA pertaining to this Agreement shall be available for inspection ond review by the CITY at all reasonable times for a period of three years from the applicable request for reimbursement under the terms of this Agreement. C. Records of the CITY pertaining to this Agreement shall be available for inspection by the LACMTA at all reasonable times for a period of three years from the applicable request for reimbursement under the terms of this Agreement. The CITY shall report ho the LACIVITA its total annual EZ transit pass boandings within Q0days of the close of each fiscal year. The LAC[NTA may, sd its own expense, audit the C\TY'sEZ transit pass boarding data collection methodology and the data itself through the triennial performance audit. The Agreement shall commence on April 1, 2013 and shall automatically renew each year on July 1. for an additional one-year term or until the EZ transit pass program isterminated. Each Party has the right to terminate this Agreement without cause or further obligation upon 120 days prior written notice. MOU Agreement EZ Pass Agency A. The LACMTA shall indemnify, defend and hold harmless the CITY, its officers, agents and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damage for any nature whatsoever, inc|uding.butnot|imihadtobodi|y injury, death, personal injury orpropehydamegeahaingfromorinonywayconneobsdvvith services hzbe performed by the L4CKATA pursuant to this Agreement. B. The CITY shall indemnify, defend and hold harmless the LACMTA and its officers, agents and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damage of any nature whatsoever, including, but not limited to bodily injury, demth.persona|i juryorprupertydamageahsinghnmorinonyv/ayconnecbad with services, including, without limitation the BPT services, to be performed by the CITY pursuant to this Agreement. X. NOTICE All formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be effected by personally or by U.S. mail to the addresses listed below: Los Angeles County Metropolitan Transportation Authoritv(LACK8TA) One Gateway Plaza Los Angeles, CA 90012-2952 Attention: RufuoCayebano EZ transit pass Project Manoger Phone: (213)822-237S CITY OFBALDVNN PARK (C|TY) 144U3 East Pacific Avenue Baldwin Park, CA 91706 Attention: David Lopez Associate Engineer Phone: (626) 960-4011 ext.458 FN 141, 1091:40WI&I'a"A Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved though good faith negotiations between the Parties. If any action at law or in equity is required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitled. XIy' WAIVER Waiver by any Party hereto of any term, condition orcovenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 5 MOU Agreement EZ Pass Agency ntehoUbe\ntarpretedandconstnuedaucondingtothe�wsofthuStotaof This Agreement enhaU|\e\naoou�ofcomoebant�uhsd�t�ninLosAnge|esCounty. California, and venue . ^ XV. SEVERABU[TY |f any of the provisions »f this Agreement is held by court of competent 'jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue \n full force and effect without being impaired nr invalidated in any way. XVI_ ENTIRE AGREEMENT This Agreement, the EZbanm� pass ��u|dehnes the KIetnoUnk Fare Su\deUneo.anyother documents incorporated herein by specific reference, and any other EZ transit pass Program related documents mutually agreed to by the Parties shall constitute the entire understanding between the LACMTA, and the CITY regarding the EZ transit pass Program. This Agreement ritten negotiations, representations or agreements including, supersedes all prior oral or w y�"^`~/~---e without Undoton.onyemaU»Qjoir«pussu= rva/ ved . except in writing signed bythe may not ba amended, nor any provision orbreach henao Parties which expressly refers to this Agreement. MOU Agreement EZPass Agency IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective duly authorized officers. By: Daniel Wall Director of Public Works hate. ATTEST: M- Date: LOS ANGELES COUNTY F-1011111016101 IVA I Bv: A - — rli t ur T. Leahy Chief Executive Officer Date: MOU Agreement EZ Pass Agency .. rz . 1. m 39 39 HPLANNING & PROGRAMMING COMMITTEE M April 18, 2002 SUBJECT: LOS ANGELES COUNTY'S FIRST REGIONAL PASS Metropolitan PROGRAM Transportation Autl'ori'y ACTIONf 'APPROVAL Wne Gateway Plaza Los Aageles� CA RECOMMENDATIONS 9DO12-2952 A. Authorize the MTA participation in a multi-agency Regional Pass Program, as described in Attachments A & B. - B. Allocate $2 million in fiscal year 2003 from the current Prop A & C /TDA administrative funds to implement this program. ISSUE MTA and the twelve Los Angeles County municipal operators have been working closely together to establish the first Regional Pass in the Los Angeles region. MTA Board approval is required prior to its implementation- The recommended actions will not change the present MTA bus or rail fare structure, but will add a regional pass option for the MTA and all municipal transit operators in Los Angeles County. ' - The primary alternative is not to implement this program until the Universal Fare system is ready. This alternative is not recommended, as the Regional Pass Program has been coordinated and is consistent with the implementation of UFS. Moreover, the Regional Pass Program lays the framework for UFS and will be continued and integrated into the UFS. The cost of the program is estimated at approximately $2 million for fiscal year 2003. Funds are available in the Proposition A and C/TDA administration fund balanice. 'f DA law specifically requires MTA as the regional planning entity to provide a. coordinated transit system. BACKGROUND T �- + Los Angeles County is a large area w-l-kel.'e transit services are provided by 16 municipal operators, Metrolink, and numerous cities. Operators offer a variety of fares and different pass options. This is extremely confusing and inconvenient for transit riders who use more than one system or transfer from bus to rail to complete'a trip. The multiplicity of fare instruments discourages new riders from sampling transit as a means of completing local travel needs. A Regional Pass, allowing riders to transfer from one system to another without worrying about transfer payments and fare differentials will be a significant step in providing a seamless transit trip to our transit customers in Los Angeles County_ Work effort towards such a pass started in November 2001. A multi-operator task force, the general managers of the Transit Systems and MTA staff have been working closely to develop the Regional Pass program. The Bus Operations Subcommittee (BO S) has approved the program in concept, with the understanding that staff will work with them to develop the administrative details. The main elements of the program are outlined below: A- Two- phased Approach Phase 1: 12 fixed-route municipal operators and MTA Phase 2: invite participation from local systems, Metrolink and other counties D. Rtvenue ShqfiRK Each operator is reimbursed at the rate of its current average fare Per boarding times the operator's Regional Pass boardings. This methodology results in no revenue loss to the operators, E. Cost of the Program: The cost is estimated at $2 million, to be funded from TDA/Prop A and C "off the top" administrative funds. MTA is responsible for the printing and distribution cost of the pass, The program is described in detail in Attachments A and B. LU"ASINIMM Q Develop MOU Agreements with the transit operators (April 27,2002 to Jurle 27,2002) 0 Scheoluled implementation — July 2002 ATTACHMENTS A. Program Approach B. Program Elements Prepared by: Nalini Abuia Project Manager Phil Aker, LADOT Paula Faust, Montebello Bus Lines Andre Colaiace, Culver City Bus Line Dave Feinberg, Big Blue Bus I pew- 3 Jameil. -del, Lo mmmml��� 0 L Roger Snoble Chief Executive Officer Pave 4 z � w w z K r- r- r- 0 m 0 • m X G) > > > rLu 0 m m m 0 0 M > > M —4 c > > 0 > > Z 0 C)7 03 0 (D C: co ou CL m 0 uu ED NJ (3 m r Cl) 2 D (D C) C) j C) C> C) C) C) C) CD CL i(D C� C) C> (D C> C> C) 01 s3 S9 Gq of 6,T 6-, rzq &o -64 -.% 6,) -Go C) C> o (Z) c> c) cl p (D CD p C7 z m !-.. ry K) K) K) i4 K) ii i\) 6 ta 0) z M. m C31 C37 CA cn m m al cn C-n CD cn -n 0 ;u I t i Im :5 z `4 C) (D cn cn cn m (A Cn cn C) (D E 0", ^ry Cia WE 0 C. Ea Pl� 0 (D own all I 0 9 m z _0 > (D Cl) 0 I< w r.t. (D a 0 • Cia WE 0 C. Ea Pl� 0 (D own all I 0 9 m z _0 > (D Cl) 0 I< w r.t. (D a 0 • First Phase: include municipal operators and operators willing to participate in the Regional Pass Program (RPP) — (all fixed route Municipal Operators except Antelope Valle Transit Authority are participating i P.a l? transit operators including MTA Operations) • Second Phase: Include ot h1 r operators; local s1 t- Ms Metr H. A and o L eco riti qnc-.h as Orange County 0 Keel2ing Operators Whole. Commitment to keep all operators and MTA Operations whole. In other words, Regional Pass to result in no revenue loss to MTA Operations or tine participating operators 0 Revenue Sharing M ethodolo Goal to achieve a balance between a methodology that would be simple/easy to administer, yet fair to all participants. 0 Price of Regional Pass: Keeping the price affordable yet su fficient t allow some reasonable payback to the operators a Use of Repjonal Funds: To keep the Regional Pass affordable-, consider regional funds to subsidize the program participants Select revenue sbaring methodology and regional pass price such that it can be directly transferred to or easily modified to continue when the upcoming UFS is implemented. Funding Source: Proposition A & CITDA administrative- funds -s. i_ y, I 4 4� Co Cl C? CC, C7 C) O CD C7 CD 0 CY C� Q C) 0 C) C) CD 0 CD tf3 CD CD CD CD tti CD to tO i" C) CD C3 O 0 C) C? Ca CD C) 0 IIJ C) L6 C) CD 0 0 O CD C3 CD C> C) <' :-j c6 c6 -•O o cd N 6 C5 t6 Z U- • ' �' Hwyy r: tt? CJ C=3 Q Co C> 0 CD C? 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"?? -'° t -r'; U' (D Cl) 1-- tfj 0 tCi C*3 co iti Ef3 CC3 @a _' ..t 6 o C5 a C? a [] itS t3 n mm i C O QL7 0 � .0 C '0 to s 33 U �T CL a-� Ci v� ♦• i U c o V > CD f3 D 0 Y s' a3 i3 6} @ M sn CD vi t� c o v ca cz vs to fl o u3 m . 0 a ca m m � C} R Q w dd i p o m w i3 Q C • � i i J C co d �] z� � s Q to (' m -0 E + E Cs to Q pa mm i C O QL7 0 � .0 C '0 to s 33 U �T CL a-� Ci v� c3 y U c o V > CD f3 D 0 Y a3 i3 6} @ M sn CD vi m sn c o v ca cz vs to fl o u3 m . 0 a ca m m C} R Q w 41 o m w i3 Q C ety @ � a� Q} U1 �} � M1J i J C co d �] z� Q Q to (' m -0 E + E Cs to Q pa V c M kL- v3 O o CD t CO ` M ". ca vt r- QI—, .0 � ®�� ig wyr4° o ma ® tilt '� 5 t tO R 0 SA_ p m U7 vo-- ca to CL ¢. M LZ OO O JD C � iL 'F.7 -'d to O m CO 4Y C co j w i6 V U3 @ V3 to V3 i7 A '� 't3 4 co gp C�il o to C b N £3 t4 to 0) 0 i6 °'°' N N 0 a £3 _ � EL' r 4} tq .-.. tF .-� .-• •-.• Q <C 463 [] itS t3 n i C O QL7 0 � .0 C '0 to s 33 U �T CL a-� Ci v� c3 y U c o V > CD f3 D 0 Y a3 i3 6} @ M sn CD vi m sn c o v cz vs to fl o u3 m . 0 a ca m m C} R Q w 41 o m w i3 Q C ety @ � a� Q} U1 �} � M1J i J C co d �] z� Q Q to (' m -0 E + E Cs to Q pa V c M kL- v3 O o CD t CO ` M ". ca vt r- QI—, .0 � ®�� ig wyr4° o ma ® tilt '� 5 t tO R 0 SA_ p m U7 vo-- ca to CL ¢. M LZ OO O JD 03 r to � iL 'F.7 -'d to O to i�II ti 3 G CO 07 0 Co ffi p co j w i6 V U3 @ V3 to V3 i7 A '� 't3 4 co gp C�il o to C b N £3 t4 to 0) 0 i6 °'°' N N 0 a £3 _ � EL' r 4} tq .-.. tF .-� .-• •-.• Q <C Los Angeles County „Regional Program Guidelines for Participating Agencies The EZ transit pass program is a regional pass program that will allow patrons to transfer among participating transit systems, thus providing seamless travel and increased mobility throughout the greater Los Angeles County area. A. Types of transit pass Fare Media Agencies: REGULAR r, r. A Monthly SENIOR[DISABLED Monthly REGULAR PASS # Monthly SENIOR/DISABLED with Zone Monthly Palos Verdes Peninsula Transit Authori Santa Clarita Transit Santa Monica's Big Blue Bus Torrance Municipal Area Express Torrance Transit I Additional Agencies may join the EZ transit pass program with the concurrence of the Participating Agencies. 1, Actual boardings as recorded in..farebox data Agencies that can produce farebox: data that records actual EZ transit pass hoardings may use this boarding number for fare reimbursement. 2. Boardings based on survey data. - 12,Iyl TV M-1. F-Z Transit Pass Guidelines Average Fare = All farebox Rev — All EZ transit Pass Sales Rev - Student Fara Revenue All BC[gS.— All. EZZ transit sBd-qs.--RtL'r-IP-,ntFR-rP-Bd(is.—Comp.Bd.qs. I . � it pas Reimbursement Methodology = Average Fare X EZ transit pass system boardings Option 2 (different annual average fares for each type of EZ transit pass media): Local Revenue: Total revenue form local cash fares and all local pass cales. Senior Local Revenue: Total revenue from senior cash fares and all senior pass revenue. Express Revenue: Total revenue from all express service cash fares and all express pass revenue. Senior Express Revenue: Total Revenue from senior express Gash fares and senior express pass revenue. Local Boardings: Total boardings paying a local cash fare or using a local pass. Senior Local Boardings: Total boardings paying a senior cash fare or using a senior pass. Express Boardings: Total boardings paying express cash fare or using an express service pass. , Senior Express Boardings: Total boardings paying senior express cash fare or using a senior express pass. Complimentary Boardings: Proportion of complimentary boardings associated with Local Average Cash Fare, Senior Average Cash Fare, and Express Average Cash Fare, respectively. Note: A separate calculation for annual average cash fare is to be completed for each type of Ez transit pass fare media. No calculations should include student fare revenues, student boardings or complimentary iii rdings. 3 EZ Transit Pass Guidelines Senior Average Fare = Senior Fare Revenue Senior Boardings Express Average Fare Express Revenue Express Boardings. Senior Express Average Fare Senior Express Revenue Senior Express Boardings Reimbursement Methodology: Local Average Fare X Local EZ transit pass hoardings Senior Average Fare X Senior EZ transit pass hoardings Express Average Fare X Express EZ transit pass hoardings Senior Express Average Fare X Senior Express EZ transit pass hoardings Option .l Average Cash Fare = All farebox Rev —All EZ transit pass -Safes Rev. — Student Fare Rev. — Multi-ride Fare Rev. All Bdgs. — All EZ transit pass Bdgs. — Student Fare Bdgs. — Comp. Bdgs. — Mulit-ride Bdgs. Reimbursement Methodology = Average Cash Fare X EZ transit pass system as. rdings 4 EZ Transit Pass Guidelines Option 2 (different annual average cash fares for each type of EZ transit pass media): Local Revenue: Total revenue form local cash fares and all local pass sales. Senior Local Revenue: Total revenue from senior Gash fares and all senior pass revenue. Express Revenue: Total revenue from all express service cash fares and all express pass revenue. Senior Express Revenue- Total Revenue from senior express cash fare U0, I.-W= F --- fares and sen; r express pass revenue. Multi-ride Revenue: Proportion of revenue from multi-ride fare media associated with Local Average Cash Fare, Senior Average Cash Far-, and Express Average Cash Fare, respectively. Local Boarditigs: Total boardings paying a local cash fare or using a local pass. Senior Local Boardings: Total boardings paying a senior cash fare or using a senior pass. Express Boardings: Total boardings paying express cash fare or using an express service pass. Senior Express Boardings: Total boardings paying senior express cash fare or using a senior express pass. Multi-ride Boardings: Proportion of boardings using multi-ride fare media to board bus associated with Local Average Cash Fare, Senior Average Cash Fare, and Express Average Cash Fare, respectively. Complimentary Boardings: Proportion of complimentary boardings associated v0th Local Average Cash Fare, Senior Average Cash Fare, and Express Average Cash Fare, respectively. Note: A separate calculation for annual average cash fare is to be completed for each type of EZ transit pass fare media. No calculations should include student fare revenues, student boardings or complimentary boardings. Local Average Cash Fare = Local Revenue — Local Multi -ride Revenue Local Boardings — Local Mufti-ride Boardings Senior Average Cash Fare = Senior Fare Revenue — Senior Multi-ride Revenue Senior Boardings — Senior Multi-ride Boardings Express Average Cash Fare = Express Revenue — Express Multi-ride Revenue Express Boardings. — Express Multi-ride Boardings Senior Express Express Average Cash Fare = Senior Express Revenue — Senior Express Multi-ride Revenue Senior Express Boardings — Senior Express Multi-ride Boardings 5 EZ Transit Pass Guidelines Reimbursement Methodology: Local Average Cash Fare X Local EZ transit pass boardings Senior Average Cash Fare X Senior EZ transit pass boardings Express Average Cash Fare X Express EZ transit pass boardings Senior Express Average Cash Fare X Senior Express EZ transit pass boardings 3. Each Agency will collect EZ transit pass boardings on its system, based on the methodology in Paragraph C. Each agency will submit to METRO at the end of AJ. 4,�- of the fiscal year, the the current fiscal year actual boarding counts. At U 1U end %J$ the agency will reconcile the average fare or average cash fare with MET RUO based on actual revenue and boardings. Payments will be adjusted based on the reconciled average fare or average cash fare. Alternatively, operators may choose to update the average each month using actual revenue and boardings data for that month's invoice_ 4. An Agency may also request adjustments based on final audited boardings, as determined by statistically valid survey as described in item C, #2. 5. For an . Agency to receive reimbursement from METRO, as described above, the agency shall invoice METRO on a monthly or quarterly basis. Each invoice shall contain the calculation of the number of all valid EZ transit pass boardings honored for all fixed routes that the agency operated and the Average Cash Fare (estimated or actual). Invoices shall also include the total EZ transit pass sale revenue received by the Agency. The total remittance to the Agency will be the net value of the total EZ transit pass boardings times the Average Fare or - Average Cash Fare minus the EZ transit pass sales revenue. All unused, unsold EZ transit passes shall accompany the invoice from the agency- li,, All appeals to the reimbursement process, including fare revenue calculation, shall be brought by a Participating Agency to the Bus Operations Subcommitte (B• S) and Local Transit Systems Subcommittee (LTSS). The EZ transit pass Working Group will make a recommendation to the full BOS and LTSS, which make recommendations for final resolution by the METRO CEO I 1. The EZ transit pass monthly sale period shall commence no earlier than the 2 of the previous month and continue unfit the 1 Oth of the current EZ transit pass month. I 2. All sales outlets must enter into a consignment agreement with METRO or th participating agencies. All customer service to sale vendors shall be conduct] by �ETRO staff or the participating agencies. 3. Mail and online orders can commence earlier than the 25th of the month as determined by the participating rim.' internal deadlines. 6 EZ Transit Pass Guidelines re� 4. METRO will supply participating agencies with EZ transit pass fare media between the 10th and 15th • the month. Audit 1. Each Agency's procedures for recording boardings and invoicing will be subject to audit each year at Metro's expense. The audits covering fiscal years 2003-04 through 2005-06 will be conducted as part of the Triennial Performance Audit. The audits for subsequent years will be conducted as annual EZ transit pass audits. An Agency may conduct its own EZ transit pass audit, so long as it uses the same scope of work that MET RO uses for its P-7 "transit pass C-11-10-fit. 2. Each Agency shall include in its annual Transit Performance 1101easurernent. (TPM) Report the EZ transit pass boardings for the year. 1. Each Agency will honor all valid EZ transit passes on all of its local Fixed route service bus lines. 2. Each Agency will participate in the EZ transit pass program in accordance with the EZ transit pass Agreement regarding usage and fare reimbursement between METRO and the Agency, the METRO Board report dated April 25, 2042 as approved by the METRO Board, and these Guidelines. 1. Seniors — Passengers must be at least 62 and show proof of age to purchase and to board using one of the following identification cards: DMV senior (or license), Medicare, Long Beach Transit senior, METRO senior, Torrance Transit senior, Gardena Municipal Bus Line senior, or appropriate senior identification. 2. Disabled/Medicare — Passengers must be disabled and show one of the folloving identification cards to purchase and to board: Access Paratransit, DMV placard receipt, LACTOA, Medicare, Long Beach Disabled, or appropriate disabled identification. Effective July 1, 2007 W�U DATE MffRO CEO EZ Transit Pass Criidelines UM SIN " I This document prescribes the Guidelines for EZ transit pass operator Acceptance of Metrolink fare media. The participation of SCRRA in the EZ transit pass Program will provide further opportunities for seamless fare transfers between a maximum number of transit services operating in Los Angeles County. A. SamDle Fare Media And Instructions For Determining 'whether Fare Media Are Vail 6-: N hereto contains graphic images of all current Metrolink fare media. Each image is &, I Ileaded by the name of the fare medium and a short guideline for determining whether the medium is valid. The LACMTA will provide an update to Exhibit 1 to the AUTHORITY upon changes to the Metrolink Fare media. B. Methods For Recording Metrolink Fare Media Boardings 1. Actual Boardings As Recorded In-Farebox Data actual a ri Agencies who can produce farebox. data that records a ual Metrolink Fare Boardings, separate and distinct from other hoardings, can use this boarding number for Metrolink Fare Reimbursement. 2. Boardings Based on EZ transit pass Operator Survey Data For operators who either cannot produce farebox data to record actual hoardings, or for whom it is not feasible at this time to record Metrolink Fare Boardings separately from other EZ transit pass hoardings, boarding Data compiled from onboard surveys can be used for Metrolink fare reimbursement. Surveys must use a reliable statistical methodology to record Metrolink Fare Media hoardings on a line by line basis. Surveys must be conducted at least once per fiscal year. 3. Boardings Based on SCRRA Origin -and- Destination- Survey Data Boarding Data compiled from on-board surveys of Metrolink passengers can be used for fare reimbursement. In order to ensure that all Metrolink Fare Boardings are captured, and thereby for the survey data to be allowable for reimbursement, survey questions must include all transit usage on the calendar day of the survey_ C. Mefrolink Fare Reimbursement Average fare shall be calculated according to Section D. of the EZ transit pass Guidelines. Should the AUTHORITY have reason to believe that patrons using Metrolink Fare Media are likely to have a higher average fare than the AUTHORITVs general ridership, the AUTHORITY shall provide the LACMTA with a written request for a higher reimbursement rate, documented with a justification for the requested rate. The LACMTA shall review the request. If the higher rate is deemed by the LACMTA to be justified, the LACMTA shall reimburse at the higher rate, subject to readjustment in accordance with the processes set out in Section D, parts 1,2,3,4 and 5 of the EZ transit pass Guidelines, as applied to Metrolink Fare Boardings. D. Audit, Service Provision, and identification Requirements for Senior and Disabled. Requirements regarding Audit, Service Provision and Identification for Senior and Disabled shall be the same for Metrolink Fare Boardings and Reimbursement as for other EZ transit pass boards cgs and reimbursements, and shall be administered in accordance with Articles F, G and H of the F7 transit pass Guidelines. Rev: 05.16.09 Guidel-Iffies for Accepting Metrolink Fare Media Monthly Pass: Valid through the month printed on the ticket, an(i must be signed. Monthly passes are valid for unlimited transfers to and travel on all participating F7 transit pass operator services. The Monthly Pass is valid for IOGal base fare only. Ticket category types include Adult, SRDIS for Senior or Disabled and STDT for Student. Exhibit 1 Round Trip Ticket: Valid only for travel on the date printed on ticket. UTIMMIZ=0 - M Youth Weekenq_(OP) Adult Weekend (OP M Round Trip tickets are valid for unlimited transfers to and travel on 0 participating EZ transit pass operator services. The ticket is valid for local base fare only. Ticket category types include Adult, SRDIS for Senior/Disabled, Youth, Peak (PE) and Off Peak (OP). 01 Exhibit 1 One Way Ticket: Valid only for travel on the date printed on ticket. SNP ORANGE $ 2.75 008-044-113-CD U�- iN M One Way tickets are valid for unlimited transfers to and travel on all participating EZ transit pass operator services. The ticket is valid for local is fare only. Ticket category types include Adult, SRDIS for Senior/Disabled, Youth, Peak (PE) and Off Peak N Wnl� 10 Trip Ticket: Valid through the date printed • ticket, and must be validated before riding the train. M Senior/ isabled Co aM oM M 7b T-T! 0 M z -4 z fi z ONE 07 I 0-Trip Tickets must be validated for the day of travel to be accepted on connecting transit Once validated, 1 0-Trip tickets are valid for u . nlimited transfers to and travel on all participating EZ transit pass operator services. The ticket is valid for local base fare only. Ticket category types include Adult, SRDIS for Senior/Disabled, STDT for Student. 1-1 Future Date One Way and Round Trip Tickets: A new type of ticket that can be purchased in advance, for travel on a specific day. Tickets are valid for travel only on the day(s) printed on the ticket. IN Round TfiP Adult Future Dated tickets are valid for unlimited transfers to and travel on all participating EZ transit pass operator services. The ticket is valid for local base fare only. Ticket category types include Adult and SRDIS for Senior/Disabled. = Exhibit I Group Ticket: Valid only for travel on the date printed on the ticket. Group TYPE 926-001221-C K Group tickets are valid for unlimited transfers to and travel on ail participating EZ transit pass operator services. The ticket is valid for local base fare only. �--Trlp Ticket: Valid through date printed on ticket, and must be validated before each boarding. 4-Trip Tickets must be validated for the day of travel to be accepted on connecting transit. Once validated, 4 Trip tickets are valid for unlimited local transfers to and travel on all participating EZ transit pass operator services. The ticket is valid for local base fare only. Exhibit 11 P - A , R, K TO: Honorable Mayor and Members of the City Council FROM: Daniel Wall, Director of Public Works DATE: jUly A 9n1 v . c. SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013 -023, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014 The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Park Maintenance Assessment District for FY 2013 -2014 (PMD or District). BACKGROUND In FY 1997 -98, the City of Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District based on State Proposition 218 Guidelines and Procedures. The purpose of the PMD is to generate revenues for the financing of the maintenance and operational costs associated with the City Parks. In June 2002, the City was unable to obtain the necessary voter approval to increase the assessment rates to cover the increasing cost and an expanded park maintenance system above and beyond the built -in annual adjustments based on the Consumer Price Index (CPI). Consequently, the General Fund has been annually funding the differences between the assessment and the actual cost. On June 05, 2013 the City Council adopted Resolution No. 2013- 011which approved the Engineer's Report for the PMD, declared it's intent to levy and collect assessments, and set a date and time for the public hearing (July 17, 2013). The Public Hearing notice was posted as required. DISCUSSION Every year since the District's inception, the City Council has approved the Engineer's Report, declared its intention to levy and collect assessment, and set a date and time for a Public Hearing. Resolution No. 2013 -023, Ordering Assessments for PMD FY 13 -14 Page 2 of 3 July 17, 2013 After holding the Public Hearing, the City Council may order the assessments. This is the same procedure that has been followed in prior years. Upon the District's formation, the City began annually contributing more than $500,000 to balance the annual shortfall between the revenues and costs. Over the years, however, the City has streamlined processes and expenditures, and last year the City contribution was $217,000 from the General Fund. This year General fund contributions are estimated to be $198,000. This subsidy amount has already been incorporated into the draft FY 2013 -2014 budget. Total expenditures for FY 2013 -2014 are estimated to be $872,000. Under the proposed FY 2013 -2014 PMD, the typical homeowner will be assessed $33.19 for parks maintenance. This amount represents an increase of 42 cents for one year over last year's amount. The adjustment is based on a 1.28`'% increase in the Consumer Price Index (CPI) which is an allowed escalation in the PMD. The details of the formulation of the assessment rates and this year's increase are contained in the approved Engineer's Report. The details of the assessment levied against each parcel are contained in the Assessment Roll which is on file in the office of the City Engineer. The proposed assessment constitutes the levy of the assessments for the Fiscal Year commencing July 1, 2013 and ending June 30, 2014. FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: FY 2013 -2014 Beginning Fund Balance (July 1, 2013) Estimated Revenues Proposed PMD Revenue, FY 2013 -2014 City Contribution - General Fund, FY 2013 -2014 Total Estimated Funds Available, FY 2013 -2014 Projected Expenditures Park Maintenance and Operation OH & Transfers In /Out Total Projected Expenditures, FY 2013 -2014 Projected Ending Fund Balance (June 30, 201 $0 $674,000 $198,000 $872,000 $872,000 $0 $872,000 $0 Resolution No. 2013-023, Ordering Assessments for PMD FY 13-14 Page 3 of 3 July 17, 2013 PIVID revenue for FY 2013-2014 is anticipated to be $674,000 from assessments and another $198,000 from a General Fund transfer. The total funds available are $872,00 which matches the estimated District cost for FY 2013-2014. The $198,000 General Fund transfer is needed to cover the District shortfall and is included in the draft FY 2013-2014 Budget. RECOMMENDATION It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution 2013-023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." ATTACHMENTS 1. Resolution No. 2013-023 2. Engineer's Report May 2013 WHEREAS, the City Council has previously ordered the formation of PARK MAINTENANCE ASSESSMENT DISTRICT FY 2013 -2014 (hereinafter referred to as the "DISTRICT') pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code, and WHEREAS, the City Council has adopted by Resolution No. 2013 -023 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring it's intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2013 -2014, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2013 and ending June 30, 2014. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2013 -023 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolutions upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. MAYOR 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. 2013 -023 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 17, 2013 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK lAfFE FAA ®. F REPOT SSES-qMT GW-43 P .I.E... EN JJ.--J. — J. a .. PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Prepared for RymuoyAkUlki'l P A v R,, K Prepared by.- km= LUME City of Baldwin Park Citywide Park Maintenance Assessment District CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2013 -14 Page i T4, Streets L-li`vhi� —, (� DnrF 7 M;V;n; - 1 �h d he Sweets and !!�,!��ay;� Code, Part , Article 4, commencing with ectio 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE ExecutiveSummary ........................................................... ............................... 1 Report................................................................................ ............................... 2 Part A - Plans and Specifications for the Improvements .. ............................... 4 Part B - An Estimate of the Costs of the Improvements ... ............................... 5 Part C - A Diagram for the Assessment District ................ ............................... 6 Part D - An Assessment of the Estimated Costs of the Improvements .......... 7 Part E — Property Owner List and Assessment Roll ....... ............................... 15 parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 1 1 *7x4411111i►yj46111�iliAF -11 '1 The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs. Based on the provisions of the Landscape and Lighting Act of 1972, Article XIII.D. of the California Constitution (Proposition 218), and the Proposition 218 Omnibus Implementation Act, Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District and established assessments thereof beginning in Fiscal Year 1997 -98. In June 2002, the City was unable to obtain the necessary property owner approval to increase the assessment rates to cover the increased costs of park maintenance. Consequently, the General Fund has been subsidizing the differences between the actual cost and the revenue from the assessment, This report is pursuant to and in compliance with Articles XIII.0 and MILD of the California Constitution and the Landscaping and Lighting Act of 1972. Based on the findings in this report, the assessment roll is generated wherein each Assessor's Parcel Number in the City of Baldwin Park is identified along with the amount assessed for the Park Maintenance Assessment District for Fiscal Year 2013 -14. The assessment roll is included as part of this report, but is not bound herein. For Fiscal Year 2013 -14, the Citywide Park Maintenance Assessment District is proposed to generate revenue of approximately $674,000, while the cost of park maintenance is budgeted at $872,000. The difference of $198,000 will be covered by the City's General Fund. The City has made an effort to reduce this program's impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs. Three years ago, for example, the City's General Fund contribution was $232,000. The General Fund contribution is for general benefits and is not assessed. The proposed Fiscal Year 2013 -14 assessments are 1.29% higher than last year based on the CPI adjustment allowed by the Citywide Park Maintenance Assessment District during its formation. DISTRICT FINANCIAL SUMMARY FY 2013 -14 Beginning Fund Balance (July 1, 2013) $0 Estimated Resources Assessment District Revenue + Delinquencies FY 2013 -14 $674,000 City Contribution - General Fund, FY 2013 -14 $198,000 Total Estimated Funds Available, FY 2013 -14 $872,000 Projected Liabilities Park Maintenance and Operation $872,000 OH & Transfers In /Out $0 Total Projected Liabilities, FY 2013 -14 $872,000 Projected Ending Fund Balance (June 30, 2014 parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 2 FISCAL YEAR 2013 -14 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's RP_port in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Park Maintenance Assessment District (the "Assessment District ") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. Part E - If bonds or notes will be issued pursuant to Section 22662.5, an estimate of their principal amount. (Not applicable). A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of six (6) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2013 -14 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 3 (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showina the exterior boundaries of the Assessment District and the lines and dimensions of each loft or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 4 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2013 -14 The items that may be funded through the District are defined in the Landscaping and Lighting ,Act of 1972 (the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. Installation • The installation or planting of landscaping. • The installation or construction of statuary, fountains and other ornamental structures and facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms. • The acquisition of land for park, recreational or open -space purposes. • The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: • Repair, removal or replacement of all or any part of any improvement. • Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury. • The removal of trimmings, rubbish, debris and other solid waste. • The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicinq Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. Plans and specifications of the improvements within the District are on file in the office of the City Engineer and are incorporated herein by reference. Maps showing the location of parks within the District are on file in the office of the City Clerk and incorporated herein by reference. parkrepord314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 5 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2013 -14, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FY 2013 -14 Budget FY 2013 -14 Beginning Fund Balance (July 1, 2013) $0 Estimated Revenues Assessment Revenue FY 2013 -14 $674,000 General Fund Contribution FY 2013 -14 $198,000 Total Revenue $872,000 Total Estimated Funds Available, FY 2013 -14 $872,000 FY 2013 -14 Projected Expenditures Park Maintenance and Operation $872,000 Total Projected Expenditures, FY 2013 -14 $872,000 FY 2013 -14 Operating Reserve / Deficit $0 Projected Fund Balance 6/30/2014 Beginning Fund Balance $0 FY 2013 -14 Revenues $872,000 FY 2013 -14 Expenditures $872,000 Projected Fund Balance 6/30/2014 $0 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 6 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk's Office and incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 7 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Section 22573 of the Landscaping and Lighting Act of 1972, being Part 2, of Division 15 the State California Streets and Highways Code, states that, "the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. As a result of the passage of Proposition 218 by voters on November 5, 1996, Articles XIIIC and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the Citywide Park Maintenance Assessment District will have to: ■ Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit'." Separate the general benefits from the special benefits conferred to parcels: "Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." ■ Determine the special benefit that should be attributed to public agency parcels within the new District boundary: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." ASSESSMENT METHODOLOGY The District assessment is based on land use such that property owners are assessed in proportion to the special benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 2013 -14. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 8 TABLE 1— FY 2013 -14 LAND USE DEFINITIONS Land Use Code Land Use Description SFR Single family residential parcels CONDO Condominium or town home parcels MFR Multiple family residential parcels (2 dwellings or more) MH Mobile homes or Mobile Home Parks NONRES I Commercial and industrial parcels � INSTITUTION Institutional — Parcels owned by non - profit organizations VACANT Parcels without a building or similar structure - designated for each land use GOVT Parcels owned by a public agency EXE Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels) SPECIAL BENEFIT ANALYSIS Articles XIIIC and XIIID of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights -of -way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barnes Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park and in 2010 that same play area was upgraded with recreation water features and public art amenities. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 9 Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located; with the other City parks located south and west near the City's periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's recreation facilities and parks are vital to the community, especially for the high - density residential developments, which do not provide adequate play areas for their residents. Upon full build -out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City's parkland is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total parkland. Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreational activities are conducted on a community -wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks and recreational facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. The presence of properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parcels in the District was found to be within 1 3/4 miles of at least one park, and 3/4 mile of at least one recreational facility in the District. Although some properties in the District are within 3/4 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District. In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property- related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 10 In addition, the operation and maintenance of the City's parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows: • The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. • Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained. • The proper maintenance of parks by the District provides increased District -wide attractiveness to prospective buyers. • The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels. • Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. • The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business. • Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT ANALYSIS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities. Census data and socio- economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements. Additionally, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out -of- district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of- District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 11 FORMULA The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in "Special Benefit Analysis" are considered to benefit each parcel in proportion to the typical population associated with the parcel's land use as reported by the City of Baldwin Park Planning Division. In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessor's master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ( "EDU ") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City of Baldwin Park's Planning Division. Following is a discussion of EDU values for each type of land use within the Assessment District. The EDU values for condominiums, multi - family and mobile homes are based upon a comparison of the average population per household for single - family residences versus the average household population in condominiums, multi - family and mobile homes. The calculation of each EDU value is shown below: For Single Family Residential: Single family population per household 4.06 Single family population per household 4.06 For Condominium Residential: Condo population per household 3.75 Single family population per household 4.06 For Multi - Family Residential: Multi - family population per household 4.25 Single family population per household 4.06 For Mobile Home Residential: Mobile Home population per household 2.03 Single family population per household 4.06 = 1.00 EDU's /unit = 0.92 EDU's /unit = 1.04 EDU'slunit = 0.50 EDU's /unit The EDU values for commercial, office, business and industrial land uses ( "non- residential ") are based on a comparison of the typical single family lot acreage versus the actual size of the non- residential use. Special benefit to non - residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non - residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single - family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 12 rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non - residential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non - residential lots @ 4 lots per acre Single family EDU @ 1.00 per lot = 4.00 EDU's /acre Furthermore, non - residential parcels more than half an acre and less than an acre is assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non- residential parcels below one -half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. T he EDU value for the institutional, church, school', college and day care land uses ( "institutional ") is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities as indicated by the City's Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City for several reasons. Institutional parcels function differently than non - residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non - residential parcels, and are assigned 1 EDU per parcel. As a result of the passage of Proposition 218, the assessment methodology for the Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within the District boundary. Section 4 of the Proposition states, "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." In comparison to non - residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks: ■ reduces property- related crimes against properties within the District, especially vandalism, through the abatement of graffiti; ■ improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; ■ reduces pollution and noise in surrounding areas throughout the provision of open space; and ■ by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. Additionally: ■ Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 13 ® Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City. For instance, a portion of most public properties are used as park and /or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one - quarter the rate of non - residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases. The special benefit to undeveloped property in the residential, non - residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer's Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right -of -way parcels, public utility right -of -way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non- residential or institutional development and therefore no benefit. The following table sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre. park report1314draft Community Economic oluti ns City of Baldwin Park Citywide Park Maintenance Assessment District Page 14 TABLE 2 -- ASSESSMENT FACTORS Land Use Description Population per Unit Equivalent Dwelling Units Assessment per Unit, Parcel or Acre Single Famil y Residential 4.06 /unit 1.00 /unit $33.19 /unit Vacant Single Family Residential -- - - - - -- 0.40/ parcel $13.28/ arcel Condominium 3.75 /unit 0.92 /unit $30.53 /unit Multiple Family 4.25 /unit 1.04 /unit $34.52 /unit oble Home G.lJY lt U.50 /unit '60 /unit ' .Oy Non - Residential > 1 acre 4.00 /acre 4.00 /acre $132.76/acre Non - Residential > .5 - < 1 acre 4.00/ parcel 4.00/ parcel $132.76/ parcel Non - Residential < .5 acre 4.00/ parcel 2.00/ parcel $66.38/ parcel Vacant Non - Residential > 1 acre - - - - -- 1.60 /acre $53.10 /acre Vacant Non - Residential >.5 - < 1 - - - - -- 1.60/ parcel $53.10/parcel Vacant Non - Residential < .5 acre - - - - -- 0.80/ parcel $26.55/ parcel Institutional 1.00 /parcel 1.00 /parcel $33.19 /parcel Vacant Institutional - - - - -- 0.40/ parcel $13.28/ parcel Government > 1 acre 4.00 /arce 1.00 /acre $33.19 /acre Government > .5 acre - < 1 acre 4.00/ parcel 1.00/ parcel $33.19/ parcel Government < .5 acre 4.00/ parcel 0.50/ arcel $16.60/ parcel Exemption - - - - -- 0.00 /parcel $0.00/ parcel ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006 -2007 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ( "CPI "), All Urban Consumers, for the Los Angeles- Anaheim - Riverside Area from March through March of the previous calendar year. Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and /or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2013 -14 tax roll. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 15 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Citywide Park Maintenance Assessment District, Fiscal Year 2013 -14 ", which is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. parkreport1314draft Community Economic Solutions P , A - R - K SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013 -024, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014 The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Landscaping and Lighting Maintenance District, FY 2013 -2014 (LLMD or District). BACKGROUND Over the last decade, the District has been utilized to cover the costs of providing maintenance and improvements to the street lighting, traffic signal, and landscaping operations in the public right -of -way. This typical assessment has remained the same for over eleven years. On June 05, 2013 the City Council adopted Resolution No. 2013 -012 which approved the Engineer's Report for the LLMD, declared it's intent to levy and collect assessments, and set a date and time for the public hearing (July 17, 2013). The Public Hearing notice was posted as required. DISCUSSION The purpose of the LLMD is to generate revenues for the financing of the maintenance and operational costs associated with traffic signals, street lights, and landscaping. This assessment has not changed from prior years. Every year, the City Council has authorized the preparation of an Engineer's Report, has held a public hearing, and has ordered the assessments. Assessment amounts this year will be the same as levied last year and in the previous decade. Resolution No. 2013 -024, Ordering Assessments for LLMD FY 13 -14 Page 2 of 3 July 17, 2013 The operating balance in this fund is $354,021 and a majority of this balance is needed to finance the District's expenses for the first half of the year since the assessments from the County are not received by the City until January of the fiscal year. FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: Estimated Beginning Fund Balance 7/1/2013 $354,021 FY 13 -14 Estimated Revenue FY 13 -14 Projected Expenditures Street Lighting ..................... . . . . . . . . . . . . . . . ......................................... . . . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... $590, . . . . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . .... . . . .. . . . . Landscaping ........................................................................................................................................................................................................... ............................... $840, . Traffic Signals ............................................................ . . . . . . . . ..................... . . . ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................................... . ............... $285, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . . . .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Expenditures $1,7157 FY 2013 -14 Operating Reserve / Deficit $62,0871 Projected Balance 6/30/2013 The FY 2013 -2014 Budget was developed under the assumption that revenues from the LLMD would not significantly change. The assumed revenue level is shown in the table above. The fund's beginning balance which is used as an operating reserve is $354,021 and the ending balance is estimated to be the same. Revenues and expenditures are balanced and therefore this fund does not require a General Fund transfer into the LLMD fund for FY 2013 -2014. Resolution No. 2013-024, Ordering Assessments for LLMD FY 13-14 Page 3 of 3 July 17, 2013 RECOMMENDATION It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2013-024 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT nl.qTRlrT FOR FYqn1.*i-qni4 ANjnA11THnRl711NC3 THE LOS ANG'El FS COUNTY AQr%r-SQf-%M -f-I-N ADD THIS SPECIAL A SSESSMENT TO THE PROPER -rx/ -r A V M00C 0%lim I %Ij ADD THIS SPEC /-% tA 0 1 1 %-/ 1 1-1 PROPER I I It-%^ BILLS." ra 6 r-lul M I IT, 1;4 1, h I 1. Resolution No. 2013-024 2. Engineer's Report, May 2013 WHEREAS, the City Council has previously ordered the formation of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted Resolution No. 2013-024 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2013-2014, and orders the annual levy and collection of assessment of the District as shown and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2013 and ending June 30, 2014. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2013-024 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013-024 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 17, 2013 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: jq� ffiiqi�Ig q� p��l A AM 0 a . k • epfl ALEJEANDRA AVILA CITY CLERK LIGHTING MAINTENANCE DISTRICT ASSESSMENT EN G INEER e S REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2013 -14 I Nm- us" IN Prepared by: Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page i. CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2013-14 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 2215631551, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE Report.......................... ................................................................................... 1 Part A - Plans and Specifications for the Improvements ........ ..............................3 Part B - An Estimate of the Costs of the Improvements ......... ..............................4 Part C - A Diagram for the Assessment District 5 Part D - An Assessment of the Estimated Costs of the Improvements .................6 Part E - Assessment Roll and Assessment District Diagram ..................... ........ 8 engreport1314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 1 FISCAL YEAR 2013 -14 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Landscaping and Lighting Maintenance District (the "Assessment District ") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all �f the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. Part E - If bonds or notes will be issued pursuant to Section 22662.5, an estimate of their principal amount. (Not applicable). A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of six (6) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2013 -14 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. engreport1314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 2 (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 225r0 and 9-2157."... The ea!agram for an a��e��!!!c!rd u!au!Lt a!!a!! �!rvva lam) t!I CJaee!!v! boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to .:�h,ch the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. engreport1314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 3 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2013 -14 The proposed improvements Include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights - of-way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as water, materials contracting cervirec and other items necessary fnr the Satisfartnry operation of these services described as follows: Landscaping and nd Appurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights -of -way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signa Is in public streets and public rights -of -way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Engineer and are incorporated herein by reference. egreport 1314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 4 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements fo r Fiscal Year 2013 -14, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FY 2013 -14 Budget Estimated Beginning Fund Balance 7/1/2013 $354,021 FY 2013 -14 Estimated Revenue Assessment Revenue $910,287 County Ad Valorem Tax $774,000 Penalties, Late Taxes, Earnings $93,500 Total Revenue $1,777,787 FY 2013 -14 Projected Expenditures Street Lighting $590,700 Landscaping $840,000 Traffic Signals $285,000 Total Expenditures $1,715,700 FY 2013 -14 Operating Reserve / Deficit $62,087 Projected Fund Balance 6/30/2014 Beginning Fund Balance $354,021 FY 2013 -14 Revenues $1,777,787 FY 2013 -14 Expenditures $1,715,700 Projected Fund Balance 6/30/2014 $416,108 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 5 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 6 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the California Streets and Highways Code]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." ASSESSMENT METHODOLOGY The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria for the assessment spread of lighting and landscaping is as follows: 1. Rectangular lots - street frontage 2. Irregular lots - width of lot at setback line - average of front and rear lot line lengths or - street frontage, whichever is most representative of benefit 3. Flag lots - one -half of total footage to each of the two lots 4. Corner lots - the narrowest frontage Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. engreport 1 314draft Community Economic Softitions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 7 BENEFIT ZONES The District is divided into four benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that are assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels that are assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and is assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2013 -14 is derived by apportioning a part of the total cost shown in Part B among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad Valorem Tax. The City receives this amount as part of its tax apportionment and has designated a percentage to be used for iightina and landscape purposes. Description Frontage and Parcel Counts Proposed Assessment Assessment Revenues* Zone 1 & 2 (Street Lighting) 2. Commercial / Industrial 91,583 L.F. $0.5543 / L.F. $ 50,764 1. Residential 649,750 L.F. $0.2809 / L.F. $ 182,515 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 741,333 L.F. $0.7513 / L.F. $ 556,964 Zone 4 (Lights /Landscaping) Tract # 39090, 39635, 40746, 42828, & 41956 160 Lots $36.01 /Lot $ 5,762 Parcel #1164 14 Lots $51.44 / Lot $ 720 Zone 2 (Traffic Signals) Commercial / Industrial (including Parcel #1164 ) 889 Lots $11.87 /Parcel $ 10,552 Zone 1 & 4 (Traffic Signals) All Parcels 13,753 Lots $7.49 / Lot $ 103,010 Grand Total I t $ 910,287 The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the City Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2013 -14 tax roll. engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 8 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Part C - Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District, Fiscal Year 2013 -14 ", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right -of -way, and common areas. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the AssP33ment Roll on file in the office of the City Clerk of the City of Balyd\Mn Park. engreport 1 314draft Community Economic Solutions I PEPPP CITY OF BALDWIN PARK STAFF REPORT I lazzime =- MIR M 411MAIMAIWAN VATE: July 17, 201t SUBJECT: A request for consideration of a proposed amendment to the City's Municipal Code relating to the conversion of existing static-faced billboards to digital-faced billboards (Location: Existing Billboard locations within the City of Baldwin Park; Applicant: City of Baldwin Park; Case Number: AZC-173) F27UN_..T*MR5 This report requests City Council approve the following: (1) Initial Study and Negative Declaration of Environmental Impact for AZC-173, and (2) Amendment to the City's Municipal Code (AZC-173) adding Section 153.170.105 relating to the conversion of existing static-faced billboards to digital-faced billboards. 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 and a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division. A Notice of Intent inviting public comment on the Initial Study/Negative Declaration of Environmental Impact was posted at the Los Angels County Clerk's Office as well as City Hall and the Esther Snyder Community Center on Monday, October 15, 2012 and concluded on Monday, November 5, 2012. At the conclusion of the public review period, no comments were received on the Initial Study. AZC-173 July 17, 2013 Paqe 2 A Notice of Public Hearing for this proposed code amendment was posted at City Hall, Baldwin Park Community Center, and Barnes Park on Tuesday, July 2, 2013. Notices were also mailed to adjacent property owners and local billboard companies on Tuesday July 2, 2013. In 1999, the City approved a zone change to allow for the creation of an Outdoor Advertising Display District along a segment of the 1-10 and 1-605 freeways in order to permit the construction of three (3) billboard signs within Cloverleaf Business Park. The subject nr perty is an annr ximately 16-acre business park development with !;-k+ rr. F­ I 141 IS I 1�111L industrial buildings. The properties /Zoning Designation is industrial Commercial Planned Development (IC (PD)) and has a consistent General Plan Land Use Designation of Industrial Commercial. Cloverleaf Business Park is bordered by the I- 10, San Bernardino Freeway to the north, the 1-605, San Gabriel River Freeway to the east, Walnut Creek Wash to the south and the San Gabriel River to the west. In June 2003, the City adopted Ordinance 1204 (AZC-148) which prohibited the issuance of any entitlement or permit for any type of billboard within the City of Baldwin Park. The Ordinance eliminated the "0" Overlay zoning designation and eliminated development standards that did apply to any new outdoor advertising structure. However, earlier this year, Clear Channel Outdoor approached the City regarding the possibility of converting existing static-faced billboards at the Cloverleaf Business Park Site with newer, updated digital-faced technology. However, because the billboards have been deemed non-conforming as a result of Ordinance 1204, the conversion to the digital-faced technology would be considered an expansion of the use in that multiple changes to the billboard faces would take place as a result of the digital technology. In accordance with the City's prior zoning, the Zoning Code adopted in 2012, Section 153.200.050, does not permit the expansion of any nonconforming use building or structure. The proposed ordinance (Attachment #3) will only apply to the existing billboards within the City that have been legally installed and meet the development standards contained within the Ordinance. The Ordinance only allows for the conversion of existing billboard structures along an Interstate Freeway Corridor such as the 1-10, San Bernardino or I- 605, San Gabriel River Freeways with the construction of a new digital-faced billboard structures. In summary, the ordinance proposes the following development standards and requirements: C:\AmyAMY\W0RD\Reports\Counci1 Reports\AZC-1 73 #2.DOC AZC-1 73 July 17, 2013 Paqe 3 1 CalTrans approval for any conversion of existing static-faced billboards to digital-faced billboards is required, and 2) The billboard owner must enter into an agreement with the City of Baldwin Park to ensure the requirements of the Baldwin Park Municipal Code are met and aesthetic mitigation measures are taken. The property owner is also required to enter into an agreement with the City relating to the removal of a digital billboard; and 3) Billboard structures shall not have more than two riic,-nla\/ faces; aid 4) Display faces shall not exceed fourteen (14) feet in height and forty-eight (48) feet in width; and 5) Overall height shall not exceed forty-five (45) feet from the closest point of the nearest Interstate Highway; and 6) Brightness levels shall not exceed 0.3 foot candles above the ambient light and light sensing devices shall be installed to automatically adjust the brightness of the digital billboard; and 7) Removal of existing billboard structures and display faces in exchange for installation of the new billboard structures to support the new digital faces and any removal shall be completed prior to construction of any digital billboard-, and 8) Minimum standards for display of images and transition time. Although billboards can provide a reliable means of advertising, they also can be detrimental to aesthetics and welfare of the community. By implementing the proposed ordinance which contains new requirements and development standards, the City can maintain its local land use control and also improve the community's aesthetics with the removal of older, out-of-date static-faced billboards along the City's major thoroughfares and other locations. wwmg I g L* At their meeting on June 26, 2013, the Planning Commission voted 5-0 recommending the City Council adopt the Negative Declaration of Environmental Impact and add language (Section 153.170.105) to the City's Municipal Code relating to Billboard Uses. CAAmyVAMYMORMReports\Councif Reports\AZC-173#2.DOC AZC -173 July 17, 2013 Paae 4 LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends the City Council open the public hearing and following the public hearing: adopt: (1) Resolution ?013 -021 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARD USES (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER; AZC- 173)" (2) Introduce for first reading, by title only and waive further reading, Ordinance 1355, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS." ATTACHMENTS #1, Map identifying locations of all existing billboard locations #2, Initial Study and Negative Declaration #3, Resolution 2013 -021 #4, Proposed Draft Ordinance 1355 \ \cobphgfile \public\Staff Reports\Agenda Items \Comm Dev \7 -17 -13 AZC -173 #2. DOC EXISTING BILLBOARD LOCATIONS Not to s Scale • IT DATE: October 15, 2012 APPLICANT: City of Baldwin Park TYPE OF PERMIT- Amendment to the Municipal Code FILE NO.: AZC-173 LOCATION OF PROJECT: Existing billboard locations within the City of Baldwin Park. DESIRIPTION OF PROJECT: An amendment to the City's Municipal Code -1 nC 4. adding Section 1153.11 710. 1 UJ Lo the Baldwin Park Municipal Code relating to the conversion of existing static-faced billboards to digital faced billboards. It is the opinion of the ❑ Zoning Administrator ❑ Planning Commission Q City Council F� Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures F-1 are attached F_x_1 are not required (SignTatu) -City Planner (Title) Date(s) of Public Notice: 7 Posting at three (3) locations: City Hall, Ester Snyder Community Center, X and Barnes Park, October 15, 2012 and June 13, 2013 Posting of the properties X, Written notice to affected business owners October 15, 2012 CAAmy\ANMW0RDXCEQA\Neg Decs\AZC-172.doc AMENDMENT TO THE ZONING CODE r- A C ON V E R S J"F STATIC rRCIED' B"ILLBOARDzS TO DIGITAL FACED BILLBOARDS Initial Study Negative Declaration Prepared by.- City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 125 k. INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Z Lead agency name and address City of Baldwin Park Planning Division 144O3E. Pacific Avenue Baldwin Park, CA 91706 (626) 813-5261 3. Contact person and phone number: Amy Harbin, /\|CP. City Planner /625\D13-52O1. 4� Project location: The proposed project may impact those zoning designations which currently have existing billboards. 5. General Plan Designation(s): Single-Family Residential, Commercial Industrial, General Commercial, Parks. and Public Facilities. 0. Zoning.- DESIGNATION LABEL EXPLANATION R-1 Single-Family Residential C-2 General Commercial F-C Freeway Commercial I-C Industrial Commercial Cis Open Space 7. Description of (Describe the whole action invnv*d, including but not limited to later phases of the project, and any secondary, support, or of-she features necessary for its implementation, Attach additional sheets if necessary,) Proposed project immlves changes to the City's Municipal Code relating to the conversion of existing static-faced billboards to digital-faced billboards. It is anticipated that the proposed ordinance will include development standards which addnaes, nnadnnunn height and sign face area. moxnnurn |unnen denoitv, requirements for public service announcements and/or educational service announcements, removal of existing Static bi||boards, display times, and requirement of development agreement. The proposed Code amendment will not a!|ovv for the development end/Or CoDstructiun of new billboards, O. Surrounding land uses and setting: Briefly describe the project's surroundings: Incorporated in 1850` the City of Baldwin Park is located approximately 17 mikes east of downtown Los Angeles. The intersection of the }-1O (San Bernardino) and 1-605 (San Gabhe| River) freeways lies near the southwest corner of this 6.8 square mile City. Although Baldwin Park is predominantly a residential bedroom cornnnVnhx' recent efforts have placed a greater emphasis on promoting AZC -173 October, 2012 commercial and industrial land uses. However, the City is near "build -out ", focusing efforts on the Redevelopment of land, especially within close proximity to the freeway and within the City's Downtown area. According to the 2010 Census, Baldwin Park has approximately 75,400 persons. This is more than double the population in 1960. Baldwin Park is predominantly a Hispanic working class community, since the 1990 Census, the City continues to experience on -going increases with its Asian population, even though a decrease in population was experienced between the 2000 Census and the 2010 Census. Furthermore, the City has a considerably larger than average household size than the County average, suggesting increased pressure on the City's housing stock and the provision of services. 9. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) No other public agencies other than the Planning Commission and /or City Council of the City of Baldwin Park are required to approve this amendment to the City's Municipal (Zoning) Code. Please see attached the maps which identify the city's boundaries and identify the locations of the existing billboards. Revised April 2010 City of Baldwin Park Existing Billboard Locations S Not to Scale AZC-173 October, 2012 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked ba|nvv would be potentially affected by this project, involving at least one impact that isa "Potentially Significant Impact" aa indicated bv the checklist on the following pages: M Aesthetics El Biological Resources [] Agriculture and Forestry Resources El Air Quality El Cultural resources F-1 Greenhouse Gas Emissions F-1 Hazard & Hazardous Materials [] Land Use/Planni F-I Po / Housing 1- Transportation / Traffic [I Mineral Resources [-1 Public Services [l Utilities /Service Systems DETERMINATION: (To be completed bv the Lead Agency) On the basis of this initial evaluation: [l Geology/ Soils [] Hydrology /Water Quality [] Noise [] Recreation [] Mandatory Findings of Significance | find that the proposed project COULD NOT have a significant effect on the environment, and o NEGATIVE DECLARATION will be prepared. 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 revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. | find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. | find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact nnthe environment, but et least one effect 1\ has been adequately analyzed in on earlier document pursuant to applicable legal standards. and 2\ has been addressed by mitigation measures based the earlier analysis as described on attached sheets. An ENVIRONMENTAL |k8APCT REPORT is required, but it must analyze only the effects that remain to be addressed. ! find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier BR or NEGATIVE DECLARATION pursuant toapplicable standards, and (b) have been avoided or mitigated pursuant to that earlier E|F{ or NEGATIVE DECLARAT|[)N, including revisions or mitigation measures that are imposed upon the proposed project, nothingfurtherian*quinsd. -- �-� /��|/=��/ ' Fe Revised April 2010 AZC-173 October, 2012 The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question-, and b) The mitigation measure identified, if any, to reduce the impact to less than significance. a-d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. Adoption of the Zoning Code Amendment which includes new development standards, for the conversion of existing static-faced billboards to digital-faced billboards does not have the potential to affect designated scenic vistas or other scenic resources. Individual conversions of static-faced billboards to digital-faced billboards will be reviewed on a case-by-case basis in accordance with CEQA at the time a complete application request is received by the City. No aesthetic impacts will occur as a result of the adoption of the proposed Amendment. Revised April 2010 Less Than 1 1. AESTHETICS Would the Potentially Significant With Less Than No Impact project: Significant Impact Mitigation Significant Impact Incorporated 1 a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock 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 day or nighttime views in the area? a-d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. Adoption of the Zoning Code Amendment which includes new development standards, for the conversion of existing static-faced billboards to digital-faced billboards does not have the potential to affect designated scenic vistas or other scenic resources. Individual conversions of static-faced billboards to digital-faced billboards will be reviewed on a case-by-case basis in accordance with CEQA at the time a complete application request is received by the City. No aesthetic impacts will occur as a result of the adoption of the proposed Amendment. Revised April 2010 AZC-1 73 October, 2012 11. AGRICULTURE AND FORESTRY RESOURCES Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact Impact Impact Incorporated 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 Dept. of Conservation as an optional model to use in assessing impacts on agriculture i 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 forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource 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)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? ---------- d) Results in loss of forest land or conversion of forest land to non - forest use? ) e InVDive 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? Revised April 2010 AZC-1 73 October, 2012 a-c) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The adoption of the proposed Amendment will not in itself have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Any subsequent development consistent with the amended Municipal Code will be reviewed as a project under CEQA, and therefore will be subject to a more detailed level of environmental scrutiny. Ill. AIR QUALITY Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact Impact Impact Incorporated 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 ro'ected air quality violation? I __ I [RI c) Result in a cumulatively considerable net 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 ?..l d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a-e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District (SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project- related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project- related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments Revised April 2010 AZC-1 73 October, 2012 and the fact that any subsequent development projects will be assessed individually under CEQA. The Project itself will not create any objectionable odors. Subsequent potential impacts are tempered by the application of the environmental commitments, and by the City's ability and authority to review activities at the time a specific development project is proposed. a-f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As described in the project description, the proposed amendment is of an administrative nature and will not directly impact biological resources. Revised April 2010 Potentially Less Than Significant With Less Than No IV. BIOLOGICAL RESOURCES Significant Mitigation Significant Impact I Impact Incorporated Impact Would the project: I - a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or Z 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, policies, 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.) through direct removal, filling, hydroloclical interruption, or other means? d) Interfere substantially with the movement of I any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurse D/ 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? a-f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As described in the project description, the proposed amendment is of an administrative nature and will not directly impact biological resources. Revised April 2010 AZC-173 October, 2012 a-d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City have either been successfully catalogued, recovered, and/or protected consistent with the CEQA requirements, or been removed and/or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. VI. GEOLOGY AND SOILS Potentially Less Than Significant With Less Than No V. CULTURAL RESOURCES Significant Mitigation Significant Impact Would the project: Impact Incorporation Impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a-d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City have either been successfully catalogued, recovered, and/or protected consistent with the CEQA requirements, or been removed and/or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. VI. GEOLOGY AND SOILS Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Incorporated Impact Impact 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 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? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? 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 result of the project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Revised April 2090 AZC-173 October. 2012 VI. GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on expansive soil, as defined in Table 18-1-B of the- Uniform Building Code (1994), creating substantial risk 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 I disposal of waste water? a) No Impact. The Southern California area is acknowledged as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project-specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. In this regard, building officials and engineers have long-recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the CBC and current professional engineering practices are sufficient to reduce the effects of ground shaking below the level of significance. Further, as evidenced by extensive development within the City, it is anticipated that any future site-specific geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic un'it or soil that is 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; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact. Due to its administrative nature, the Project does not have a direct impact on the soil. Environmental review of proposals submitted pursuant to the Amendment will provide for project-specific soil analysis, as well as the mitigation measures for any soil conditions that may affect, or be affected by, such proposed projects. Compliance with NPDES permit requirements, including an application of Best Management Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. cA No Impact. As evidenced by extensive urban development, the City is generally suitable for development, and is not substantially limited by unstable geologic conditions including potential susceptibility to landsliding, lateral spreading, subsidence, liquefaction, or collapse. Nor is there evidence that the City is widely affected by expansive soils conditions. Future Revised April 2090 AZC-173 October, 2012 development proposals will provide project-specific environmental review to determine geologic/expansive soils impacts, and appropriate mitigation measures that may be required. It is anticipated that compliance with applicable provisions of the CBC, together with application of accepted geologic/soils engineering practices will typically provide appropriate design solutions for geologic conditions that may be encountered within the City, as such, no impacts are anticipated. e) No Impact. The City is generally improved with sanitary sewers connected to wastewater treatment facilities, which would provide for treatment of wastewater. Since the proposed amendment is an administrative act only, the existing use of septic tanks or alternative waste water disposal systems that are currently operational will not be impacted. a-b) No Impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Vill. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No VII. GREENHOUSE EMISSIONS Significant Mitigation Significant Impact Impact Incorporated Irnpact Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant Z impact on the environment? b) 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? a-b) No Impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Vill. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No MATERIALS Significant Im pact Mitigation Significant Impact Impact Incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine transport, Z use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle 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 list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the Revised April 2010 AZC-173 October, 2012 Vill. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No Significant Impact Mitigation Significant Impact Impact .MATERIALS Incorporated environment? 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 result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, Would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically 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 to urbanized areas or where residences are intermixed with wildlands? a-c) No Impact. Adoption of the proposed Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one quarter mile of an existing or proposed school. Any subsequent project that would be undertaken pursuant to the amended Municipal Code would be required to investigate the implications of hazardous materials. The study will include a complete assessment of potential hazards related to the site and include measures to mitigate any identified impacts of the project. d) No Impact. Approval of the Project would not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As previously stated, any subsequent proposal which would be undertaken pursuant to the amended Municipal Code would be reviewed pursuant to CEQA and would be required to conduct a hazardous materials assessment. The study would include a complete assessment of potential hazards related to the site and develop any requisite mitigation. e,fl No Impact. No public or private airstrips are located within the City of Baldwin Park. The adoption of the proposed Amendment would not result in a safety hazard for people residing or working in the project area. Any subsequent development in accordance with the Revised April 2010 AZC-173 October, 2012 proposed amendment would be reviewed pursuant to CEQA at the time a complete application is submitted for review and consideration. g) No Impact. The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and/or negligence. The adoption of the proposed Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildland areas. IX. HYDROLOGY AND WATER Potentially Less Than Sianificant With Less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with ground water 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 preD-edisting 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 the site or 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 pattern of a site or an 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 existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood F71 Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Revised Aph7 2010 AZC-1 73 October, 2012 DLOGY AND WATER Potentially Less Than Significant With Less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated 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? j) Inundation by seiche, tsunami, or mudflow? ( I ([ a,f) No Impact. Approval of the Project would not violate any water quality standards, nor would it degrade water quality. As previously stated, the Project involves only administrative changes to the Municipal Code. The area encompassing the City of Baldwin Park is currently regulated by NPDES permit and Regional Water Quality Control Board (RWQCB) requirements supporting federal water quality standards and criteria established under the Clean Water Act (CWA). Requirements and procedures established under these regulations typically act to mitigate potential water quality impacts of new development, including any future facilities that may be implemented pursuant to the amended Municipal Code. Further, consistent with the requirements of CEQA, project-specific environmental analyses will be performed on any future projects or facilities. On a project-by-project basis, these analyses will individually assess potential water quality impacts and provide any mitigation measures if necessary. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. The City is generally served by three (3) local water companies (Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company), and does not substantially rely on direct groundwater withdrawals. Further, it is not anticipated that any uses operated pursuant to the proposed Amendment would extensively utilize groundwater through direct withdrawals, nor would those uses substantially interfere with, or alter existing groundwater withdrawals. c,d,e) No Impact. The City generally does not contain significant water courses. However, the San Gabriel River is located along the City's western boundary and Big Dalton Wash and Walnut Creek Wash traverse the eastern and southern portion of the City. As discussed previously, compliance with federal CWA and relevant NPDES permit requirements will effectively mitigate any potentially adverse impacts of storm water discharges within the City. Uses operated pursuant to the proposed Amendment will individually assess potential drainage system impacts, and mitigation measures will be provided if necessary. g,h,i) No Impact. No development will be implemented with approval of this Project. As such, there is no potential for flood hazards associated with the proposed Amendment. Future individual environmental analyses will assess potential flood hazards and provide mitigation measures as necessary. Typical design solutions and/or mitigation would involve proper Revised April 2010 AZC-1 73 October, 2012 facilities orientation(s),- grading and drainage improvements and/or creation of storm water retention/detention areas. j) No Impact. The City is not subject to significant hazards due to selche, tsunami, or mudflow. k,[,m,n) No Impact. The construction of facilities is not proposed as part of the Project considered in this Initial Study. As such, the potential for increased stormwater runoff does not exist. In addition, the Project area is currently developed with urban uses and is not located proximate to any significant natural watercourses. X. LAND USE AND PLANNING Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Incorporated Impact Impact Would the project: Incorporated a) Physically divide an established 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, 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 conservation plan or natural community conservation plan? a-c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific land use designations, as such, the potential to divide an established community or conflict with any land use or conservation plans does not exist. X1. MINERAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant N o Impact Mitigation Impact Impact Incorporated Would the project-. a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ-2), an area where "adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their Revised April 2090 AZC -173 October, 2012 presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and /or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. In addition, the administrative nature of the Project precludes any impact in this regard. a -d) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. Potentially Less Than Significant With with Less Than No x { {. NOISE Significant Mitigation Significant Impact Impact Incorporated impact Would the project result im a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise j ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or FYI roundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity Q 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? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a -d) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. Revised April 2010 Potentially Less Than Significant with Less Than No XII1. POPULATION AND HOUSING Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Revised April 2010 AZC-173 October, 201 a) No 'impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on-site or off - site housing stock. No impacts relating to displacement of housing will result from the Project. Potentially Less Than Significant With Less Than No XIII. POPULATION AND HOUSING Significant Mitigation Significant Impact Impact Incorporated Impact 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? a) No 'impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on-site or off - site housing stock. No impacts relating to displacement of housing will result from the Project. a-e) No Impact. The City of Baldwin Park is generally well-served by -existing fire protection, police protection, and other public. services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2090 Potentially Less Than Significant With Less Than No XIV. PUBLIC SERVICES Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project result in substantial adverse physical impacts associated with the provision of 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: Fire protection? Police protection? Schools? Parks? Other public facilities? a-e) No Impact. The City of Baldwin Park is generally well-served by -existing fire protection, police protection, and other public. services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2090 AZC-1 73 October, 2012 all No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Potentially Less Than Significant With Less Than No XV. RECREATION Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical 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? all No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Revised April 2010 Potentially Less Than Significant With Less Than No XVI. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestions management agency for designated.roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Revised April 2010 /,ZC -173 October, 2012 a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the ppotential fin recz, Ht in transportation and Cirr111fation impacts 171,t�re F "'i ( +� J� � � � .��r h iuc 1 i f..uvr.�. i v p�wjecis Vdif e assessed, consistent with the CEQA requirements, on a project - specific basis. individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITIES AND SERVICE Potentially Less Than Significant With Less Than No XVI. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant Impact Impact Incorporated Impact e) Result in inadequate emergency access? f) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the ppotential fin recz, Ht in transportation and Cirr111fation impacts 171,t�re F "'i ( +� J� � � � .��r h iuc 1 i f..uvr.�. i v p�wjecis Vdif e assessed, consistent with the CEQA requirements, on a project - specific basis. individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITIES AND SERVICE Potentially Less Than Significant with Less Than No SYSTEMS Significant Impact Mitigation Significant Impact impact Incorporated Would the project: a) Exceed wastewater treatment requirements of 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 Q 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 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 (�1 serve the project's projected demand in addition to the provider's existing commitments? j 0 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? a -g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and service systems. Due to the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. On a project- specific basis, Revised April 2010 AZC-173 October, 2012 individual environmental analyses for subsequent uses implementing the amended Municipal Code will assess potential utilities and service systems impacts and provide mitigation measures as necessary for development projects as they are proposed. Generally, potential utilities and service systems imp ' acts are reduced through capacity improvements, increased treatment efficiencies via technologic improvements, reduced consumption through conservation efforts, and efficient technologies and resource reuse/recycling. XVIII. MANDATORY FINDINGS OF Potentially Less Than Significant With Less Than No SIGNIFICANCE Significant Impact Mitigation Significant Impact Impact Incorporated 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 prehisto ? 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 viewed 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? a) No Impact. The Project is a purely administrative act relating to the conversion of static- faced billboards to digital-faced billboards. Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, 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, or reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact on any considered environmental topics. Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in any substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. . Revisec( Aprl1 2010 r � � � �' RESOLUTION NO. 2013-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARD USES (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT- CITY OF BALDWIN PARK; CASE NO.: AZC-173) VVHFRFAS, the Citv of Baldwin Park currently does not permit anv new billboard structures within the City-, and WHEREAS, the existing static-faced billboards within the City limits are nonconforming; and WHEREAS, Clear Channel Outdoor has approached the City about converting four static billboard faces to digital faces; and WHEREAS, the conversion of the static-faces to digital-faces would be an expansion of a nonconforming use, and WHEREAS, the proposed regulations have been proposed to permit that conversion by adding new standards the Baldwin Park Municipal Code, Chapters 153 through Case Number AZC-173 (the "Project") as described more particularly in the information on file with the Planning Division; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: that: SECTION 1. The City Council does hereby find, determine and declare A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on June 26, 2013, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and Resolution 2012 -021 Page 2 the Planning Commission recommended approval of the negative declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on July 17, 2013, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3. 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 17th day of July, 2013. MANUEL LOZANO MAYOR Resolution 2012-021 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2013-021 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 17th day of July, 2013 by the following vote: AYES. COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: I ABSENT: COUNCIL MEMBERS: I ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ! ! f LON441V MAIL1141=0 Lem RM AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS WHEREAS, while billboards located within the City can provide a reliable means of advertising and communication, they also can be detrimental to the safety, aesthetics and general welfare of the community-, WHEREAS, owners of a billboard, at times, desire to improve the safely, aesthetics and general welfare of the community as part of a program to use available state-of-the art technology to upgrade a billboard, WHEREAS, such a program creates a benefit for the community; WHEREAS, an intent of the State Outdoor Advertising Act (Business and Professions Code sections 5200 et seq.) (the "Act") is to protect the property rights of billboard owners, while recognizing the impacts on safety, aesthetics and the general welfare that can result on a local community from billboards; WHEREAS, in balancing those important and sometimes competing goals, the Act provides for a process for a billboard owner and local community to agree to establish parameters, objectives and conditions for removal of existing billboards and installation of new billboards; WHEREAS, the removal of existing old billboards and the installation and maintenance of other aesthetic elements of the community are a reasonable exchange for the replacement of older billboards with newer state-of-the-art billboards; WHEREAS, the newer state-of-the-art billboards will provide area businesses with additional advertising opportunities in a manner that minimizes visual clutter and provides an orderly, attractive, high quality image of the City; and WHEREAS, the newer billboards present critically important "Amber Alert" community. can be quickly and effectively utilized to and other public safety messages to the NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, Ordinance 1355 - Page 2 businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow a regulated removal and replacement of older billboards; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153.170.105, to read as follows: Section 153.170.105 Digital Billboard Replacement Notwithstanding any other provision of this code, a Digital Billboard (as defined below) may be installed with copy visible from within any Interstate I copy J Freeway Corridor (as defined below), subject to all the following: (A) Digital Billboard shall mean any off-site Advertising Display, as defined in California Business and Professions Code (BPC) § 5202, that uses state-of-the- art digital technology, (B) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as defined in BPC § 5215) or within 660 feet from the edge of the right- of-way (as defined BPC § 5222), (C) each Advertising Structure (as defined in BPC § 5203) used to support a Digital Billboard shall replace an existing Advertising Structure located within an Interstate Freeway Corridor, (D) the Digital Billboard owner: (1) receives Caltrans' approval, as necessary and (2) executes an agreement with the City by which each owner agrees to (i) indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgments, including any reasonable attorney's fees and court costs, that may arise from the approval of a Digital Billboard and associated Advertising Structure and removal of an applicable Advertising Structure, pursuant to this section or any other provision of this code, subject to the terms of that agreement and (ii) comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code, (E) the property owner upon which a Digital Billboard is to be erected executes an agreement with the City by which that owner consents to City's entry onto his/her/its property to remove that Digital Billboard and associated Advertising Structure, as permitted in the agreement, and by which that owner releases and indemnifies the City from liability for that permitted removal, Ordinance 1355 - Page 3 (F) the new Advertising Structure cannot be used to support more than two Digital Billboards with each one facing in different directions, (G) the entire portion of an Advertising Structure that comprises the active display face of a Digital Billboard shall not be more than forty-eight feet (48') in width, fourteen feet (14") in height nor six hundred seventy-two (672) square feet in area; provided, that, in addition, an apron for a Digital Billboard can extend up to a maximum of approximately thirty-six (36) inches below that Digital Billboard face, (H) the overall height of the Advertising Structure that includes a Digital Billboard shall not be more than (4.1:; e i ' forty-fv feet .7 "-- 15), as measured from the highest point of closest interstate Highway, (1) a Digital Billboard shall not operate at brightness levels of more than 0.3 foot candies above ambient light, as measured using a foot candle meter at a pre-set distance of two hundred fifty feet (250') perpendicular to the display face of the Digital Billboard. Each Digital Billboard shall have a light sensing device that will automatically adjust the brightness of the Digital Billboard to meet that foot candle requirement, as ambient light conditions change, (J) if four or less Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then at least eight additional display faces and the Advertising Structures supporting the eight additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure, including a Digital Billboard, (K) if five or more Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then for each new Advertising Structure, above four new Advertising Structures, at least two additional display faces and the Advertising Structures supporting the additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure including a Digital Billboard, (L) a Digital Billboard shall only display a series of still images and each still image must be displayed for a minimum of eight consecutive seconds. No still image shall have animation, movement, or the appearance or optical illusion of movement of any part of the Advertising Structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second and Ordinance 1355 - Page 4 (M) (i) if a Digital Billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that Digital Billboard (the "Owner/Operator"), (ii) that Digital Billboard replaced a non- Digital Billboard (the "Replaced Non-Digital Billboard") and (iii) the Replaced Non-Digital Billboard was the subject of a previous formal written agreement with the City, then the Owner/Operator shall be permitted to reinstall a new state-of- the-art non-Digital Billboard (the "Replacement Non-Digital Billboard") on the same Advertising Structure used to support that Digital Billboard; provided, that the reinstallation of the Replacement Non-Digital Billboard must occur before the date the previous formal agreement would have terminated (the "Previous the -Digital Billboard and supporting Termination Date") th Replacement ["'on L I Advertising Structure must be removed on or before the Previous Termination Date and the Replacement Non-Digital Billboard must comply with all the applicable criteria for Digital Billboards, as set forth in this section and the agreement referred to in (D) (2), above. SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE — day of _, 2013 ATTEST: Wi Lei IM414 Ordinance 1355 - Page 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on ) 2013. Thereafter, said Ordinance No. 1355 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: FAI Raw F11 Ir I F J11111 1 1111 P M US r r AL 17 FROM: Marc Castagnola, AlCP, Community Development IV Amy L. Harbin, AICP, City PIanndzQUQ__ DATE: July 17, 2013 00 N SUBJECT: A request for consideration of a (i) Billboard Removal and Relocation Agreement to allow conversion of four (4) billboard sign faces (located on two billboard structures) from static to digital and (ii) related mitigated negative declaration of environmental impact This report requests the City Council approve and adopt the following: (1) Resolution No. 2013-022 approving the Initial Study and Mitigated Negative Declaration of Environmental Impact for DA 12-01; and (2) An agreement between the City and Clear Channel Outdoor for the removal of certain billboards in the City and conversion of four billboard faces (located on two advertising structures) from static to digital. The Planning Division, through a contract with Hogle-Ireland Inc., prepared an Initial Study for the proposed project. On the basis of that Initial Study, staff concluded all potentially significant effects of the project could be mitigated to a less than significant level, and a Mitigated Negative Declaration (MND) was prepared pending review by the Planning Commission and approval by the City Council. The proposed MND was circulated for public review, both locally and through the State Clearinghouse process, for a period of at least 30 days (October 12 through November 12, 2012). Only one comment was received, a standard form letter from the Native American Heritage Commission. (Attachment #3). No other comments were received. Billboard Removal and Relocation Agreement DA 12-01 July 17, 2013 Paoe 2 After circulation of the Initial Study, the project description was revised to include all four sign faces, rather than three sign faces, on the two advertising structures. The Initial Study was revised to reflect this change in the project description and concluded that no new significant impacts would result, and no substantial increase in severity of impacts will result from those previously identified in the Initial Study/MND. The revised Initial Study/MND and a cover memo describing post-circulation revisions is included as Attachment #2. ON Will I I iii i I i I The Cloverleaf Business Park is an irregularly shaped lot at the southwest corner of the intersection of the 1-10, San Bernardino and 1-605 Freeways. Other than the freeways along the northern and eastern boundaries, the site is bounded by the San Gabriel River to the west and Walnut Creek Wash to the south L \_� I R C101 I Ll I Ll 1. TABLE#2 ADJACENT LAND USEI AJDACENT PROPERTY LOCATION ZONING LAND USE North N/A 1-10 San Bernardino Freeway East N/A 1-605, San Gabriel River Freeway South Os Walnut Creek Wash West OS San Gabriel River The City of Baldwin Park Ordinance 1355, amending the Zoning Code (Municipal Code Section 153.170) and relating to the removal and replacement of older billboards with digital billboards is agendized to be considered by the City Council concurrently with this proposed agreement. The proposed ordinance must be approved and become effective to allow this agreement to move forward, however, the agreement does not require the City to approve that amendment to the Zoning Code. The City Council's consideration of Ordinance 1355 will occur prior to consideration of this agreement. A billboard is a large off-site advertising sign that advertises or provides public information related to a business organization, event, product, service, or use. A conventional billboard, also known as a "static" billboard, or a "display board sign" is a permanently installed panel provided for the posting of temporary advertisements and/or messages on which manually changeable messages are displayed. Digital billboard facings are an emerging media type. A digital billboard facing (also known as a changeable message board) consists of a display surface that supports an image generated by light emitting diodes (LEDs). The images are changed remotely Billboard Removal and Relocation Agreement DA 12-01 July 17, 2013 Page 3 via computer, functioning and appearing like large computer screens. Digital billboards offer greater flexibility of use than conventional billboards. Typically, advertising messages from advertisers rotate continuously, with each static image on display for about eight seconds, enabling billboard owners to sell the same advertising space multiple times. Digital billboards allow advertisers to change messages throughout the course of a day. Images can be scheduled to run at certain times of the day, on particular days of the week or even on specific billboards within a network. Digital billboards are typically used in busy traffic areas, where advertisers are willing to pay more for the use of the billboard, generating substantially more revenue than a comparable traditional billboard. Although the LED display technology allows for scrolling, flashing or motion video, moving images on digital billboards are generally prohibited by current Federal, State, and local regulations, due to traffic safety concerns. The proposed Baldwin Park Ordinance 1355 prohibits moving images on digital billboards. LED displays are equipped with sensors that modify the brightness of the sign in response to ambient lighting conditions. During the day, the display is brighter to provide the necessary contrast to allow the image to be visible. At night, the LED display can be dimmed to reduce glare; accordingly proposed Ordinance 1355 has ambient light limitations to ensure traffic safety. A variety of Federal, State, and local provisions regulate billboards and digital billboards. For example, Caltrans limits location of static billboards to no less than 500 feet between billboards, whereas digital billboards must be separated by a minimum distance of 1,000 linear feet on the same side of the freeway. Project Site The subject property consists of an approximately 16-acre business park site located at the southwest corner of the 1-10 and 1-605 freeways. The property's General Plan designation is Commercial Industrial; the property is zoned IC (Industrial Commercial). Three outdoor advertising structures (billboards) were constructed at the subject site in 1999 pursuant to a development agreement (the 1999 Agreement"), each with two sign faces for a total of six billboard sign faces on site. At the time, Section 153.395(A) of the City's Zoning Code permitted billboard signs to be erected on any property located within an Outdoor Advertising District (0) Overlay Zone. The 0 Overlay was applied to the property and a development agreement was entered into with Ken Spiker and Associates to permit three double-sided billboard structures to be installed and maintained at the Cloverleaf Business Center. Those billboards are now owned and operated by Clear Channel Outdoor. The City's Zoning Code was since amended; the 0 Overlay zone no longer exists. The existing billboards onsite are approximately 48 feet in height, with sign faces measuring 14 feet by 48 feet and are installed on 3-foot diameter steel poles. Two Billboard Removal and Relocation Agreement DA 12-01 July 17, 2013 Pape 4 billboards are located near 1-605; both of those sign structures have two sign faces that are positioned back-to-back. The third billboard structure on the project site is located near 1-10; that sign structure has two sign faces oriented in a W" shape such that the displays face the two directions of freeway traffic. lw,4 11111 1111111111 111 I'll 111111 1, li IMAJI . a I • . • Municipal Code Section 153.170, a part of the City's Zoning Code, contains the City's sign regulations. Pursuant to Section 153.170.050 (Prohibited Signs), new off -site signs (billboards) are not permitted within the City of Baldwin Park. However, Pursuant to the proposed Ordinance 1355, which is to be considered by the City concurrently with this proposed agreement, existing static billboards would be permitted to be converted to automatically changeable displays (digital billboards), subject to the terms of .- Billboard Removal and Reconstruction Agreement and the requirement existing signs (of a number determined by Ordinance 1355 at proposed subsections 153.170.105(J) and (K)) are also permanently removed from the City. Pursuant to proposed Ordinance 1355, advertising structures may not support more than two digital billboards, and each display face is limited to 48 feet in width and 14 feet in height. The overall height of the structure shall not exceed 45 feet as measured from the highest point of the closest freeway (note this not measured from grade level as discussed further below). The maximum lumen density (brightness) as specified in the proposed Ordinance 1355 is 0.3 foot-candies above ambient light levels, as measured 250 feet from and perpendicular to the display face, that level shall not be exceeded, and the message board must display only still images, for no less than eight seconds each. Transition time between images may not exceed one second. The message board must receive Caltrans approval and an agreement is required to be entered into with the City. The agreement before the Council complies with all of the proposed regulations of Ordinance 1355. The submitted application and plans propose to allow conversion of two advertising structures, with four existing static billboard sign faces on two sign structures to internally illuminated digital changeable message boards at the Cloverleaf Business Park. The applicant proposes to remove the existing advertising structures, both of which have a side-mounted pole structure, and replace each with a center-mounted steel pole. The new sign faces are proposed to be 48 feet in width by 14 feet in height, with an additional 3 foot apron at the bottom of each sign. Total height of the proposed new billboard structures is 48 feet from existing grade. Proposed sign structure height is the same as the existing structures. Billboard Removal and Relocation Agreement DA 12-01 July 17, 2013 Page 5 The maximum allowable height for the project, pursuant to Ordinance 1355, is measured based on the height of the nearest adjacent freeway, rather than the height at grade. Both the 1-10 and 1-605 freeways are located at a higher elevation than the project site. Since the site is located at the bottom of the freeway embankment hill, the proposed height of the structures (48 feet) would not exceed the allowable height pursuant to Ordinance 1355. The billboard near the 1-10 freeway is located at an elevation 13 feet below the right of way; the resulting advertising structure is therefore 35 feet tall, as measured from the freeway elevation. The billboard near the 1-605 freeway is located at an elevation 11 feet below the edge of the right-of-way; resulting in a height of 37 feet, as measured from the elevation of the freeway. There are no proposed changes to the third existing advertising structure on site, which is the northernmost billboard along 1-605 on the project site. Consistent with Ordinance 1355, in addition to the structures being converted to digital, at least eight display faces and their supporting structures must be permanently removed from the City by the applicant. The locations of advertising structures proposed to be removed are portrayed in Attachment #6; two structures (with four poster-sized sign faces) are on Arrow Highway, west of N. Maine Avenue, and two structures (with four poster-sized sign faces) are on Ramona Boulevard, east of the Ramona/Badillo intersection. Agreement Terms In return for the approval of conversion of four static billboard sign faces to changeable digital billboard sign faces, the applicant has offered to enter into an agreement with the City wherein the applicant would agree to the following terms: 1. The term of the agreement shall be thirty (30) years; 2. A one-time processing fee of $10,000 for the four digital sign faces (on two outdoor advertising structures) shall be paid to the City; 3. An annual payment of $18,333.33 per year for each digital billboard sign face (for a total of $73,333.32), starting in the second year, with a 2.25% annual increase starting in the third year shall be paid to the City. The first years payment of $200,000 is due 90-days after final inspection and approval of the digital billboards; 4. The City will be provided outdoor advertising space for one public service announcements for up to the equivalent time of two 4—week periods per year for each changeable message board sign face. Public service announcements (PSA) would consist of one showing of at least eight seconds in the standard rotation used by the advertising company. Public service announcements can include Billboard Removal and Relocation Agreement DA 12-01 July 17, 2013 Paae 6 City event announcements, promotion of local businesses, emergency broadcasts, Amber Alerts, etc. Additional PSA's would be permitted on a 'space available' basis as determined by Clear Channel Outdoor; 5. The applicant will permanently remove four additional billboard structures with at least 8 sign faces in the City of Baldwin Park. The billboards to be removed are located along Ramona Boulevard and Arrow Highway. (Attachment #6) 6. In the event of third party litigation within the first 2-years of the agreement which results in a court order/judicially approved agreement to remove of the digital billboard(s), the company shall be entitled to return removed digital billboard(s)s to non-digital billboard face(s). If Clear Channel exercises this right, then they shall not be required to pay the City the Annual Mitigation Fee and the City is not entitled to claim any lost revenues or damages. Pursuant to the 1999 Agreement pertaining to the existing billboard structures on site, a one-time payment of $50,000 per billboard structure was made to the City. However, no monthly payments for this particular location were required as part of the 1999 Agreement. As such, no payments are currently being obtained by the City for the structures onsite and no loss of revenue would occur through this new agreement. The approval of the new Billboard Removal and Relocation Agreement includes payment of offsetting costs associated with the potential impacts of the digital billboards. Net fiscal impact would be positive and is estimated at $3,154,509.03 received by the City of Baldwin Park over the term of the 30-year agreement. That revenue must be used to offset aesthetics impacts of billboards within the community by providing for improved landscaping, street medians, signs in public parks, street sweeping, street signs and street lighting within the City. The Billboard Removal and Relocation Agreement also requires payment of a processing fee to offset any costs to the City associated with preparing the Billboard Removal and Relocation Agreement. &30mm At their meeting on June 26, 2013, the Planning Commission voted 5-0 recommending that the City Council adopt the Mitigated Negative Declaration of Environmental Impact and approve the Billboard Removal and Relocation Agreement between the City of Baldwin Park and Clear Channel Outdoor. Billboard Removal and Relocation Agreement DA 12-01 July 17, 2013 Paae 7 I Inoem a This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff recommends the City Council open the public hearing and following the public hearing adopt: Resolution 2013-022 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A BILLBOARD REMOVAL AND RELOCATION DEVELOPMENT AGREEMENT and approve the Removal and Relocation Agreement between the City and Clear Channel Outdoor, Inc. ATTACHMENTS #1-- Proposed Billboard Removal and Relocation Agreement #2--Revised Initial Study & Mitigated Negative Declaration of Environmental Impact and Cover Memo of Revisions #3--Letter from the Native American Heritage Commission #4--Development Plans #5--Location Map of Proposed Digital Billboards #6--Map and Photos of Existing Clear Channel Billboards to be removed #7--Resolution 2013-022 REPORT PREPARED BY: Hogle-Ireland, Inc. Consultant to the City of Baldwin Park. ZI 11 1 1 � 11 THIS BILLBOARD REMOVAL AND RECONSTRUCTION AGREEMENT ("Agreement") is entered into as of this — day of , 2013 (the "Effective Date"), by and among the CITY OF BALDWIN PARK, a municipal corporation ("City") and CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation ("Company") Hereafter City and Company are sometimes referred to as "Party" or collectively as "Parties." WHEREAS, California Outdoor Adverti-si nn Act 'Business. and Professions. ''ZI FL t�u Codke. sections 5200 et seq.) (the "Act") and, specifically, sections 5412 and 5443.5 empower cities and sign owners to enter into relocation agreements on whatever terms are agreeable to such parties; WHEREAS, Company has certain leasehold interests within City's jurisdictional boundaries, as shown on Exhibit "A-1," upon which sites the Company and the City wish to allow the Company to remove and reconstruct certain improvements pursuant to the terms of this Agreement, which by this reference is incorporated herein, (collectively the "Existing Billboard Sites"); WHEREAS, Company has installed, owns and operates billboard advertising structures upon the Existing Billboard Sites which Company has agreed to remove hereunder (the "Existing Billboards"); WHEREAS, Company desires to install two (2) new lawfully permitted billboard advertising structures having a total of four (4) automatically changeable displays, which shall include one (1) double-sided display with automatically changeable digital messages, oriented towards both the northbound and southbound lanes of the 1-605 and one (1) double-sided display, with automatically changeable digital messages, oriented towards both the eastbound and westbound lanes of the 1-10 Freeway (the "Digital Billboards"). The Digital Billboards shall be installed upon the billboard sites, as shown on Exhibit "A-2" hereto, which by this reference is incorporated herein, (the "New Digital Billboards' Sites"); WHEREAS, the owner(s) of the fee interest(s) for the Digital Billboards Sites are different than Company and referred to herein as "Owners;" WHEREAS, City has agreed to permit Company the right to construct the Digital Billboards on the New Digital Billboards' Sites, in exchange for several mitigation measures, including, but not limited to, the permanent removal of the Existing Billboards in a manner consistent with the California Outdoor Advertising Act; and WHEREAS, City and Company now wish to enter into this Agreement to memorialize the terms and conditions upon which Company will have the right to reconstruct the Digital Billboards on the New Digital Billboards' Sites and permanently 1 remove the Existing Billboards, as well as provide other resources to implement mitigation measures needed pursuant to the installation of the Digital Billboards. NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and consideration of the mutual covenants set forth herein, the Parties hereby agree as follows: 1. DESCRIPTION OF THE PROJECT. Company seeks to construct the Digital Billboards within City, which shall be placed upon the New Digital Billboards' Sites (the "Project"). In exchange for the approvals sought for the Project, Company shall permanently remove the Existing Billboards identified in Exhibit "A-1," in addition to provide resources to implement mitigation measures as described in Section 7., below. City's City Council has found this Agreement is in the best public interest of City and its residents, adopting this Agreement constitutes a present exercise of City's police power, and this Agreement is consistent with City's General Plan. The Project is intended to achieve a number of City objectives including utilizing the areas adjacent to the 1-605 and 1-10 Freeways in exchange for removal of unaesthetic billboards in the community. As an additional material consideration for City's approval of this Agreement, Company shall provide the public services to City, as set forth in Subsection 4.a., below, and shall pay the Processing Fee (as such term is hereinafter defined), as set forth in Section 7.a., below, and the Annual Mitigation Fee (as such term is hereinafter defined), as set forth in Subsection 7.b., below. Company understands and hereby acknowledges the effectiveness of this Agreement is subject to the approval of demolition permits from City's Building Department for the removal of the Existing Billboards and discretionary permits for the installation of the Digital Billboards from City's Planning Commission or City Council, as applicable, and such additional Development Approvals, as described in Subsection 5.a., below. Company further understands and hereby acknowledges the effectiveness of this Agreement and Company's right to install the Digital Billboards is also subject to City's City Council approval of amendments to Chapter 153 of the Baldwin Park Municipal Code to allow the installation of the Digital Billboards. The Parties understand and agree, (i) this Agreement does not bind City to approve those amendments (ii) those amendments can be approved, if at all, only after all required public hearings, notices and review and consideration of the amendments are satisfactorily provided and (iii) Company shall not be required to take any of the actions or provide any of the benefits to City under this Agreement until all such amendments and approvals are provided in final form acceptable to the Company. The Parties agree Company shall not be obligated to commence demolition of or construction related to the Project if any of the Development Approvals (as hereinafter defined) are not issued, despite good faith effort by Company, and if any of the Development Approvals are not issued, then this Agreement shall be null and void. 2 2. EXISTING BILLBOARDS REMOVAL. a. Permanent Removal of the Existing Billboards. In consideration of City's approval of Company request to construct the Digital Billboards, as outlined in Sections 1 and 3 herein, Company, at its sole cost and expense, shall secure all prior approvals as described in Subsection 2.b., below, and permanently remove the Existing Billboards within the times set forth in Exhibit "B," hereto, which by this reference is incorporated herein, ( "Schedule of Performance "). Except as expressly provided herein, Company shall not install any replacement billboard or other outdoor advertising display or sign upon any of the Existing Billboard Sites or anywhere else within City's jurisdictional boundaries. b. Removal Requirements. Removal of the Existing Billboards shall be in accordance with any applicable Federal, State, or local regulations, including regulations of City, and subject to the approval of City's Building Official or designee. Company shall, at its sole cost and expense, secure all required permits to remove and properly transport the Existing Billboards from the Existing Billboard Sites, and not store any portion of the removed Existing Billboards on the Existing Billboard Sites or any other location within City's jurisdictional boundaries. Upon receipt of any required final permit for a Digital Billboard on the applicable New Digital Billboards' Site, Company shall be deemed to have waived any and all rights it may have under Federal, State or local laws or other regulations of any kind whatsoever, including, but not limited to, the Act, to challenge any or all of the requirements of this Agreement. Company further waives any claims it has or may have for any damages, awards or judgments based on the Act, inverse condemnation or relocation benefits under any and all Federal or State law, including, Constitutional provisions, relating to the removal of the Existing Billboards. C. Notwithstanding the foregoing subparagraphs, the parties agree section 153.170.105 of the Baldwin Park Municipal Code shall apply to this Agreement and Company may take benefit of that subsection. 3. DIGITAL BILLBOARD INSTALLATION, Provided Company secures all Development Approvals required under Subsection 5.a., below, and within the times set forth in the Schedule of Performance, Company, at its sole cost and expense, may install the Digital Billboards, upon the New Digital Billboards' Sites, which display active copy area for each of the Digital Billboards shall be no larger than fourteen (14) feet in height, forty -eight (48) feet in length and six hundred seventy -two (672) square feet. In addition, the apron for each of the Digital Billboards, which can extend up to a maximum of approximately thirty -six (36) inches below each of the Digital Billboards faces. 4. PUBLIC SERVICES. a. Public Service Announcements. Company shall permit City to place one public service announcement on each of the Digital Billboards for up to the equivalent time of two four -week periods for each year; provided, however, that 3 such public service announcements shall consist of one slot of at least eight seconds in the standard rotation of eight advertising slots of eight seconds each utilized by Company for commercial advertising on the applicable Digital Billboards. "Public service announcements" shall be limited to City- sponsored event announcements and non - commercial public service announcements. City shall be responsible (i) for providing Company with its Public Service Announcements, which may be updated by City at any time and (ii) for any costs associated with providing Company with the artwork in acceptable format. The Public Service Announcements must be submitted to Company at least five business days before the proposed display date. Content of Public Services Announcements shall be determined in the sole discretion of City. In addition, (i) Company shall provide use of the advertising space on the Digital Billboards, as reasonably necessary for emergency broadcasts, Amber Alerts and Wanted Criminal Posting from City's Police Department and (ii) Company and City will work cooperatively and in good faith for City to place additional Public Service Announcement, on a space availability bases on the advertising space of the Digital Billboards. b. Prohibited Use. Company has stated its intent is and agrees not to utilize any of the Digital Billboards to advertise tobacco products, "gentlemen's clubs," adult - oriented businesses, as defined in the Baldwin Park Municipal Code, and conferences /conventions for any of the foregoing prohibited uses, or sexually explicit messages. 5. CITY APPROVALS. a. Company shall, at its own expense and before commencement of demolition, construction, rehabilitation or development of any of the Existing Billboards, the Digital Billboards or other work of improvement upon the Existing or New Digital Billboards' Sites, secure or cause to be secured all necessary permits and approvals, which may be required by City or any other governmental agency or utility affected by such construction, development or work to be performed by Company related to the Project, including, but not limited to, necessary Baldwin Park Municipal Code provisions, building permits and all approvals required under the California Environmental Quality Act and related State CEQA Guidelines (collectively "Development Approvals "). Not by way of limiting the foregoing, in developing and constructing the Project, Company shall comply with all (1) then applicable development standards in the Baldwin Park Municipal Code, (2) conditions related to each of the Development Approvals applicable to the Project, (3) necessary NPDES requirements pertaining to the Project, (4) all building codes and, if applicable, (5) landscaping requirements, except as may be permitted through approved variances and modifications. Company shall pay all normal and customary fees and charges applicable to such permits, and any fees and charges hereafter imposed by City in connection with the Development which are standard for and uniformly applied to similar projects in City. 11 b. Company understands the approval of this Agreement shall not be deemed or construed as granting any Development Approvals yet to be obtained from City or any other entity having jurisdiction over the Project. It is expressly understood by the Parties hereto City makes no representations or warranties with respect to Development Approvals, nor does City make any representation or warranty City will exercise, in any manner or at all, its discretionary police power authority over the Project as to any Development Approvals described in Subsection 5.a. in any particular manner. Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to such items or a guarantee Development Approvals will be issued within any particular time or With or without any particular conditions. 6. TERM OF AGREEMENT. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until December 31, 2043. City and Company may agree to extend the term of this Agreement pursuant to a mutual agreement in writing upon terms acceptable to both parties. Following termination or expiration of this Agreement and provided no extension of this Agreement is agreed to, within ninety (90) days after that date of the termination or expiration of this Agreement, Company shall, at its sole cost and expense, secure all required permits to remove and properly transport the Digital Billboards from the New Digital Billboards' Sites, and not store any portion of the removed Digital Billboards on the New Digital Billboards' Sites or any other location within City's jurisdictional boundaries. City authority to remove the Digital Billboards if Company fails to do in accordance within that ninety-day (90-day) period. City shall have the right to remove the Digital Billboards pursuant to subsection 11. e., below, if Company failures to comply with the foregoing. 7. PROCESSING FEE AND ANNUAL MITIGATION FEE. a. Processing Fee. Within ten (10) days after approval of this Agreement by City, Company shall provide City with a cash payment ("Processing Fee") in the amount of Ten Thousand Dollars ($10,000.00) to defray City's costs in negotiating and preparing this Agreement. The Processing Fee shall be in the form of a non-refundable cashier's check, wire transfer, or other instrument approved by City's Finance Director. City shall retain and use the Processing Fee, or any part thereof, for any public purpose within City's discretion. The Processing Fee shall be separate from (i) all business license fees and taxes (due by Company to City annually), (ii) the Annual Mitigation Fee (as such term is defined in Section 7.b., below) and (iii) any applicable development fees and charges required by City to review the appropriate permits for the removal of the Existing Billboards and installation of the Digital Billboards, pursuant to this Agreement, including but not limited to, any plan check, building permit and any other fees imposed by City, as part of its normal governmental operations (collectively, the items listed in (iii) are hereinafter referred to as "Development Fees"). b. Annual Mitigation Fee. The potential aesthetic impacts of the Project on City and surrounding community are discussed in the CEQA documents prepared 5 as part the review process of the Development Approvals. Company and City agree an annual fee paid by Company to City would adequately mitigate those aesthetic impacts, because that fee will provide City resources to install and maintain other aesthetic improvements throughout the community, including, but not limited to, landscaping, street medians, signs in public parks, street sweeping, street signs and street lighting. The Parties therefore agree Company shall pay an annual mitigation fee set forth in Exhibit C, hereto, which is incorporated herein by this reference (the "Annual Mitigation Fee"). The first installment of the Annual Mitigation Fee shall be paid for each Advertising Structure no later than ninety (90) days year after Company receives final inspection and approval, from City, of the applicable Digital Billboard, Each year thereafter each remaining installment shall be made on or before the annual anniversary of that first payment. until each of the Annual Mitigation Fee installments have been paid in full. 8. Regulation by Other Public Agencies. It is acknowledged by the Parties other public agencies, including, but not limited to, the California Department of Transportation ("Caltrans"), which agencies are not subject to control by City and may possess authority to regulate aspects of the Project as contemplated herein, and this Agreement does not limit the authority of any of those other public agencies. Company acknowledges and represents, in addition to City's regulations, Company shall, at all times, comply with all applicable Federal, State and local laws and regulations applicable to the Digital Billboards and the New Digital Billboards' Sites. To the extent such other public agencies preclude development or maintenance of the Project, Company shall not be further obligated under this Agreement, except as provided in Section 9.a. and payment of the Processing Fee and Development Fees. 9. INSURANCE AND INDEMNITY. a. Indemnity. Company, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims against City for damage to property and for injuries to persons in or about the New Digital Billboards' Sites or the Existing Billboard Sites, from any cause relating to Company's activities related to this Agreement. Company shall indemnify, defend and hold harmless City and each of its officers, agents, employees and contractors (collectively the "City Parties") from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, reasonable attorney's fees and court costs (hereinafter "Indemnified Claims and Liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with this Agreement. Indemnified Claims and Liabilities shall include any action or challenge brought for any reason by a third party against this Agreement or against City Parties, directly or indirectly related to this Agreement. b. Company will defend any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein I once notified of the existence of such claims by the City and will pay all costs and expenses, including reasonable legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies. c. Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, subcontractors or employees, who are directly responsible for the City. d. Covenant Not To Sue. The parties to this Agreement, and each of them, agree this Agreement and each term hereof is legal, valid, binding, an U-1 enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable. e. Third Party Challenge. In the event of a challenge to this Agreement, and a final court order or judicially approved settlement resulting in the removal of one or more Digital Billboards, Company shall be entitled, in its sole discretion, to return the removed Digital Billboard(s) to a non-Digital Billboard sign face or faces in accordance with subsection (L) of Section 153.170.105 of the Baldwin Park Municipal Code. If Company exercises such right, then Company shall not be required to pay the City the Annual Mitigation Fee for the replacement non-Digital Billboard and the City shall not be entitled to claim any lost revenues or damages as a result of such election by Company. Notwithstanding any other provision of this Agreement, Company's indemnification obligations as set forth in this Agreement shall survive the termination of this Agreement and shall continue for a period of two (2) years after the termination of this Agreement. f. Insurance. During the entire Term of this Agreement, without any period of lapse, Company shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the following policies of insurance: Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least Five Million Dollars ($5,000,000.00) bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The 7 Commercial General Liability Policy shall name City as an additional insured. ii. Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include One Million Dollars ($1,000,000.00) employer's liability. The Commercial General Liability Insurance policy(ies) of insurance shall, either as part of each policy or by endorsement: (i) name the City Parties as additional insureds, (ii) provide the policy shall be primary and noncontributing with any other insurance or self-insurance proqram available to City I (iii) inI clf-i-- = - severabilify of interest clause, (ivI N provide any general aggregate limit shall apply separately to this Agreement; and (v) provide the naming of the additional insureds as herein provided shall not affect any recovery to which such additional insureds would be entitled under this policy if not named as such additional insureds, (vi) provide the additional insureds named herein shall not be held liable for any premium or expense of any nature on the policy or any extension thereof, and (vii) provide the insurance may not be amended or cancelled without providing thirty-days' (30-days') prior written notice by certified or registered mail to City. Within five (5) business days after the execution of this Agreement and within at least thirty (30) days after the renewal of any such policy, Company shall provide City with certificates of insurance evidencing the required coverages and the naming of City as additional insured, and shall additionally provide City with a copy of the endorsements naming City as additional insured. In addition, Company, upon reasonable notice by City, shall make available for inspection by City at Company's office, copies of said insurance policies. 10. OWNERSHIP OF IMPROVEMENTS. The Existing Billboards and the Digital Billboards shall be and remain the property of Company. Company's rights and powers with respect to the Digital Billboards are subject to the terms and limitations of this Agreement. GENERAL PROVISIONS a. Assignment. Company may only assign or otherwise transfer this Agreement, or its interest in the Digital Billboards or any part of its interest in the New Digital Billboards' Sites, to any other person, firm, or entity, upon presentation to City of an assignment and assumption agreement in a form reasonably acceptable to City's City Attorney and receipt of City's written approval of such assignment or transfer by City's Chief Executive Officer; provided, however, that Company may, from time to time and one or more times, assign this Agreement, to one or more persons or entities without City approval, H., but with written notice to City, as long as Company, or entities owned or controlled by it have and maintain at least a fifty-one percent (51%) ownership interest in such entities who are the assignees or transferees. After a transfer or assignment as permitted by this Section, City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred. b. Waiver. The waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition, or of any subsequent breach of the same term, covenant or condition. C. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by: (a) certified or registered mail, postage pre-paid, return receipt requested, (b) personal delivery, or (c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows: If to City: City of Baldwin Park Attn: Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California 91706 With a Copy to: Aleshire & Wynder LLP Attn- Joseph W. Pannone 2361 Rosecrans Avenue, Suite 475 El Segundo, CA 90245-4916 If to Company: Clear Channel Outdoor, Inc. Attn: Vice President, Real Estate & Public Affairs 19320 Harborgate Way Torrance, CA 90501 With a Copy to: Clear Channel Outdoor, Inc. 2325 East Camelback Road Suite 400 Phoenix, AZ 85016 Attn: General Counsel Notices shall be deemed effective upon receipt or rejection only, d. Authority to Enter Agreement. All Parties have the requisite power and authority to execute, deliver and perform the Agreement. All Parties warrant that A" the individuals who have signed the Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. e. Termination. This Agreement shall be terminate, for good cause, by City or Company if either gives the other party and Owner sixty-days' (60-days') written notice of default and if that default is not corrected (i) on or before ten (10) days after receipt of the notice for non-payment of any amount due and (ii) within sixty (60) days after receipt of the notice for any other good cause. If this Agreement terminates due to non-performance by City, then (i) any remaining unpaid Annual Mitigation Fee that was due before the date of that termination shall be immediately due and payable to City- hi) no other Annual Mitigation Fee 01 ­u11 be due, unless Company continues to maintain n one or more of the Digital Billboards, (iii) for only what would have been the remaining term of this Agreement had it not been terminated (the "Remaining Term"), all the Digital Billboards installed pursuant to this Agreement shall be treated as legal nonconforming uses, but such uses shall not be subject to abatement pursuant to the Baldwin Park Municipal Code, as any other legal non-conforming use and (iv) for only the Remaining Term the Act shall apply to any provisions relating to abatement that may exist from time to time in the Baldwin Park Municipal Code and (v) within sixty (60) days after the Remaining Term, the Digital Billboards and all their supporting Advertising Structures shall be removed by Company, unless otherwise agreed to by the Parties.. If this Agreement terminates due to non-performance by Company, then (i) any remaining unpaid Annual Mitigation Fee that was due before the date of that termination shall be immediately due and payable to City and (ii) Company shall immediately remove each of the Digital Billboards installed pursuant to this Agreement; provided, that if Company fails to remove any of the Digital Billboards within ninety (90) days after this Agreement is terminated pursuant to this subsection, then City shall be entitled to remove the remaining the Digital Billboards and dispose of same. If City is required to exercise its rights under this subsection due to Company's failure to remove the Digital Billboards, then City shall be entitled to be reimbursed by Company any and all expenses incurred by City in exercising its rights under this subsection within no more than ten (10) days following City's delivery of an invoice demanding payment for such expenses. Any such removal of any or all the Digital Billboards by City shall not entitle Company or Owner to any damages of any kind whatsoever against any or all City Parties, and Company hereby releases all City Parties from Indemnified Claims and Liabilities for any action by any of the City Parties in removing any or all of the Digital Billboards. Company hereby consents to City's entry onto the New Digital Billboards' Sites to accomplish such removal. Company shall be required to obtain from Owner a confirmation of Owner's joinder to the terms set forth in this paragraph in form and substance satisfactory to City prior to obtaining all required approvals and permits for the Digital Billboard. 10 f. Amendment/Modification. No supplement, modification, or amendment of this Agreement shall be binding, unless in writing and signed by the Parties. 9- Attorneys' Fees. In the event of litigation between the Parties arising out of this License, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs and expenses incurred, including attorneys' fees on appeal, and all other reasonable costs and expenses for investigation of such action, including the conducting of discovery, in addition to whatever other relief to which it may be entitled. h. Time is of the Essence. Time is of the essence of each and every provision of this Agreement. i. Miscellaneous. This Agreement embodies the entire Agreement between the Parties and supersedes any prior or contemporaneous understandings between the Parties related to the subject matter of this Agreement, expressly including, but not limited to, that certain agreement between the parties dated June 16, 1999, (the "Existing Agreement") for the Advertising Structures removed pursuant to this Agreement to which the Existing Agreement applied. In the event of a dispute between the Parties hereto, the prevailing party shall be entitled to recover its attorney's fees and other costs and expenses incurred in connection therewith, whether or not suit is filed or is pursued to judgment, and including any such fees or costs incurred in .connection with any appeal, or any bankruptcy proceeding. If any provision of this Agreement is held to be invalid, the balance shall remain binding upon the Parties. This Agreement shall be interpreted in accordance with its plain meaning, and not in favor of or against either Party. This Agreement shall be construed according to the laws of the State of California. j. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. I I IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date set forth below. "CITY". ATTEST: CITY OF BALDWIN PARK By: Chief Executive Officer By: City Clerk ms•ffi! ! ! = M City Attorney 12 "COMPANY" CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation 0-11 By: Its: By: _ By: Its.. DESCRIPTION OF THE EXISTING BILLBOARDS AND THE EXISTING BILLBOARD SITES DESCRIPTION OF THE DIGITAL BILLBOARDS AND THE NEW DIGITAL BILLBOARDS' SITES F- z w J Q U C!} I — ] ~ c� .~— ~ ------�r---- - ` ------ ^ 8 IMF _ e° cog_ °o 0 a f m E 3 = W °W 'a • ocs o Y v _ m N a � . s o = roW o_a° �o • in QZ nom- �o o`o a`. 0 n w J Q U s (n F Y ul M O H Q W J 1— W Z (.J Q w S Q N U =m 0 N M h W J Q i J.1 Q x m � J _ Z � Z � U N D � U N Q � 0 m mJ � J < < ~k c� W J r zl Z = Q N o Z O W W O J S Q N w Z f a� a z Ql Schedule of Performance Item to be Performed Time for Performance The Existing Billboards to be removed No later than seven (7) days before obtaining a building permit from City for any new Advertising Structure Commencement of Installation of at least Within ninety (90) days after Company one of the Digital Billboards. secures all Development Approvals and the (Commencement shall mean when at effective date of the necessary amendments least $,5,000 has been expended by if granted, of the Baldwin Park Municipal Company on actual construction costs.) Code to permit the Digital Billboards Completion of Installation of at least one Within thirty (30) days after Commencement of the Digital Billboards. (Completion as established above shall mean when the installation work has received final inspection from City's Building Official or designee.) EXHIBIT "B" YEAR Anneal 10 -Frwy 10 -Frwy 605 Frwy 605 Frwy TOTAL Increase (Fast Face) (West Face) (North Face) (South Face) 1 0.00 °% $ 50,000,00 $ 50,000.00 $ 50,000,00 $ 50,000,00 $ 200,000.00 2 0.00% $ 18,"333.33 $ 18,333.33 $ 18,333,33 $ 18,333,33 $ 73,33332 j 3 2.25% $ 18,745.83 $ 18,745.83 $ 18,745.83 $ 18,745.83 $ 74,983.32 4 2.25°% $ 19,167.61 $ 19,167.61 $ 19,167,61 $ 19,167,61 $ 76,670.44 5 2.25 % 9,598.$8 19,598.88 $ 19,598.88 $ 19,598.88 78,395.53 6 2.25% $ 20,039.86 $ 20,039.86 $ 20,039,86 $ 20,039,86 $ 80,159.43 7 2.25°%0 $ 20,490.75 $ 20,49035 $ 20,490.75 $ 20,490.75 $ 81,963.02 8 2.25% $ 20,951.80 $ 20,951.80 $ 20,951,80 $ 20,951,80 $ 83,807.18 9 2.25% $ 21,423.21 $ 21,42121 $ 21,423.21 $ 21,42121 $ 85,692.85 10 2.25°%0 $ 21,905.23 $ 21,905.23 $ 21,905.23 $ 21,905,23 $ 87,620.93 11 2.25% $ 22,398,10 $ 22,398.10 $ 22,398,10 $ 22,398,10 $ 89,592.41 12 2.25% $ 22,902.06 $ 22,902.06 $ 22,902.06 $ 22,902.06 $ 91,608.23 13 2,25% $ 23,417.35 $ 23,417,35 $ 23,417.35 $ 23,417,35 $ 93,669.42 14 2.25% $ 23,944.25 $ 23,944.25 $ 23,944,25 $ 23,944.25 $ 95,776.98 15 2.25% $ 24,482.99 $ 24,482.99 $ 24,482.99 $ 24,482.99 $ 97,931.96 16 2.25% $ 25,033.86 $ 25,033.86 $ 25,033,86 $ 25,033.86 $ 100,135,43 17 2,25% $ 25,597.12 $ 25,597.12 $ 25,597,12 $ 25,597.12 $ 102,388.48 18 2,25% $ 26,173.06 $ 26,173.06 $ 26,173.06 $ 26,173.06 $ 104,692.22 19 2.25% $ 26,761.95 $ 26,761.95 $ 26,761.95 $ 26,761.95 $ 107,047.80 20 2.25% $ 27,364.09 $ 27,364.09 $ 27,364.09 $ 27,364.09 $ 109,456.37 21 2.25% $ 27,979.78 $ 27,979.78 $ 27,979.78 $ 27,979.78 $ 111,919,14 22 2.25% $ 28,609.33 $ 28,609.33 $ 28,609.33 $ 28,60933 $ 114,43732 23 2.25% $ 29,253,04 $ 29,253.04 $ 29,253.04 $ 29,253.04 $ 117,012.16 24 215°% $ 29,911,23 $ 29,91123 $ 29,911.23 $ 29,911.23 $ 119,644.93 25 2.25% $ 30,584.24 $ 30,584.24 $ 30,584.24 $ 30,584,24 $ 122,336.94 26 2.25°% $ 31,272.38 $ 31,272.38 $ 31,272.38 $ 31,272,38 $ 125,089.53 27 2.25% $ 31,976.01 $ 31,976.01 $ 31,976.01 $ 31,976.01 $ 127,904,04 28 2.25% $ 32,695,47 $ 32,695.47 $ 32,695,47 $ 32,695.47 $ 130,781,88 29 2.25% $ 33,431,12 $ 33,431.12 $ 33,431.12 $ 33,431,12 $ 133,724.47 30 2.25% $ 34,183.32 $ 34,183.32 $ 34,183.32 $ 34,183.32 $ 136,733.27 TC3TAI 1 $ 788,627.26 $788,627.26 $ 788,627.26 $ 788,627.26 $ 3,154,549.03 � 1 • i ~�l� l�~~� �~��Y ��� ��ct��lV�llL� ���� COMMUNITY DEVELOPMENT-PLANNING DIVISION 144O3 East Pacific Avenue Baldwin Park, CA 91706 kATTYWTN vw^nv.ba|dvvinpark.00m Summary of Revisions to the MITIGATED NEGATIVE DECLARATION forthe Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive Initial Study Prepared by: M|GIHogle-Ireland 1SAN. Marengo Avenue Pasadena, CAQ11O1 June 2013 Introduction The City of Baldwin Park, as Lead Agency, has authorized preparation of revisions to the Initial Study /Mitigated Negative Declaration (IS /MND) for the Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive, dated October 5, 2012. The revisions are limited to a change to the project description. The applicant now proposes to convert an additional sign face on the project site from static to digital; this fourth sign face was not originally included in the project description for the MND. As a result, rather than three static billboard sign faces located on two advertising structures being converted to digital billboards, four static billboard sign faces located on two advertising structures would be converted to digital billboards. Background The IS /MND for the Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive was originally prepared to address impacts associated with the construction and operation of two new advertising structures (replacing existing advertising structures), with three new digital billboard sign faces. One static billboard sign face was proposed to be retained. The Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive IS /MND evaluated potential short- and long -term environmental effects as associated with this project. All impacts identified in the IS /MND have been mitigated to below a level of significance through implementation of mitigation measures. Changes to the Project Since public circulation of the IS /MND, the Draft Project was refined as related to the billboard located nearest Interstate 10. Whereas the project description in the circulated IS /MND indicated that only one of the billboard faces (the east - facing side) would be converted from static to digital, during negotiations between the City and the applicant this component of the project has changed so that both billboard faces on this advertising structure would be converted to digital billboards. In addition, the proposed draft Ordinance 1355, which would revise the Zoning Ordinance to permit digital billboards in the City, was also revised subsequent to the circulation of the IS /MND. Specifically, areas where digital billboards would be permitted and allowable billboard height were modified. Revisions to that Ordinance, as it pertains to this project, were considered during revisions to this IS /MND. The minor change to the project to permit an additional digital billboard sign face does not result in any new significant impacts to the environment that were not otherwise considered in the IS /MND. No significant aesthetic impacts are associated with this revision, as scenic view sheds will not be significantly affected and the digital billboards would replace existing static billboards. The proposed project as revised would not result in substantial degradation of the existing visual character or quality of the site and its surroundings beyond that identified in the IS /MND. The project revision would slightly increase greenhouse gas emissions due to the additional electricity consumption associated with another digital billboard. However, the increase would not be significant since anticipated CO2 equivalent emissions levels remain well below thresholds. No other substantive impacts as associated with the project revision were identified. Changes in Environmental Circumstances Since circulation of the IS /MND for the Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive in October /November 2012, there have been no changes in environmental circumstances. No major development activity has been completed in the area that was not otherwise considered in the Draft IS /MND. Baldwin Park 1 Billboard Removal and Reconstruction Agreement Revisions to !S/MND Summary As a result of the change to the project associated with the additional digital billboard sign face and amendments to draft Ordinance 1355, revisions were made to the following sections of the IS /MND: Cover (date), 1.0 Introduction, 2.8 Project Description, Exhibit 3 Color Elevations, 4.1 Aesthetics, 4.3 Air Quality, 4.5 Cultural Resources, 4.7 Greenhouse Gas Emissions, 4.8 Hazards and Hazardous Materials, 4.9 Hydrology and Water Quality, 4.10 Land Use and Planning, 4.13 Population and Housing, 4.16 Transportation and Traffic, 4.17 Utilities and Service Systems, and 4.18 Mandatory Findings of Significance. No substantive revisions were made, and in particular, no changes to any of the conclusions or mitigation measures were made. Conclusion The IS/MND was revised to incorporate the change to the project related to additional digital sign face. Certain sections were also amended to reflect updates to the Draft Ordinance 1355, which, if adopted, would permit the digital billboards in the City. The conclusions of the analysis in the IS /MND are unchanged and the same impacts originally identified in the IS /MND remain. No new significant impacts will result, and no substantial increase in severity of impacts will result from those previously identified in the IS /MND. The scope of environmental impact associated with the revisions to the IS /MND was fully and adequately addressed in the circulated Draft IS /MND for the Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive. Baldwin Park 2 Billboard Removal and Reconstruction Agreement Revisions to !S/MND Summary Billboard Removal and Reconstruction Agreeme at 410 and 446 Cloverleaf Drive Initial Study Mitigated Negative Declaration Prepared for: CityofBaldwin Park 14403 East Pacific Avenue Baldwin Park, CA917O6 |, ' /\ ' R, K Prepared by: Hogka-Ireland, Inc. 630 N. Rosemead Boulevard, Suite 150 Pasadena, CA911O7 �����0����U�A�������� ~ ~~~c�~�~ ^~ ~�~��~~�� Planning & Development Consulting October 5,lO12 Revised 3une 2013 Table of Contents 1 Introduction '....'.....'...................'.~................~.................................~'..........'..~~... 1 1.1 - Purpose of CEOA ..................................................... ............ .................... 1 1.2 - Public Comments -----.-----------------.-..-.--.. 2 1.3 - Availability of Materials ..................... ........................................................ 3 2 Project Description ,.....'.--_-'.,~_---'..---._--._.._-----_-_.-.~.....-.....-.-.'.. 5 2.1 - Project Title .............................................. ............................................... 5 2.2 - Lead Agency Name and Address -----------------.-.'-.. 5 2.3 - Contact Person and Phone Number ............................................................. 5 2.4 - Project Locabon-------.-------.-.--.---------. 5 2.5 - Project Sponsor's Name and Address ..... ................. -----.................. 5 2.6 - General Plan Land Use Designation ............................................................. 5 I7- Zoning District ................................................................................... ...... 5 2.8- ProjectOescrption ------------.---------------'S 2.9- Surrounding Land Uses .............................................................................. 8 Z1O- Environmental Setting ............. ................................................................. 8 Z11- Required Approvals ................................................................................... 8 2.12- Other Public Agency Whose Approval is Required--------.-----. 8 I13- Regulatory Provisions ................................................................................ 8 3 Determination ............'...'.....'............'. ............................................................. 27 3.1 - Environmental Factors Potentially Affected ------------.--.--27 3.2 - Determination -----------------------..-----27 4 Evaluation of Environmental Impacts ................................................................ 29 4.1- Aesthetics ....................................... ........................................................ Z9 4.2 - Agriculture and Forest Resources ............................................................... 33 4.3 - Air Quality ..................... ........................................................................ 35 4.4 - Biological Resources ................................................................................. 4O 4.5 - Cultural Resources ---.----------.--.-.----.----..4] 4.6 - Geology and Soils ---------------------------..45 4.7 - Greenhouse Gas Emissions ......................... .......................... .................. 49 4.8 - Hazards and Hazardous Materials ............................................................... 52 4.9 - Hydrology and Water Quality ..................................................................... 56 4.10 - Land Use and Planning -------------------...-----. 59 4.11 - Mineral Resources ......................................................... .......................... 61 4.12 - Noise ................................................................................................... ..62 4.13 - Population and Housing ............... ............................................................ 67 4.14 - Public Services -..'_-..--.. ........................................................ 4.15 - Recreation --------.-.-------.------..--.----..6A 4.16 - Transportation and Traffic ......................................................................... 7O 4.17 - Utilities and Service Systems ..................................................................... 74 4.18 - Mandatory Findings of Significance ............................................... ............. 76 5 References .............'.........~.......~..............,.....................-'.....'.....'.-..~....._--.' 79 5.1 - List of Preparers -..---....----.----------.-.----79 6 Summary of Mitigation Measures ....................................................................... 01 AppendixMateriahs....^'.~'.......~-.~..~.~........^.....~.~~.~'...~...~~...~..~~.~...--..~~~...~~~-.'.'. 83 Appendix A Air Quality Data List of Tables Table 4.3-1 South Coast Air Basin Attainment Status - South Los Angeles County .....36 Table 4.3-2 Tentative Construction Schedule .........................................................37 Table 4.3-3 Unmitigated Maximum Daily Construction Emissions (lbs/day) ---.......37 Table 4.12-3 Vibration Damage Potential Threshold Criteria ..................................... 65 Table 4.12-4 Vibration Annoyance Potential Threshold Criteria ----~----......66 Exhibit 1 Regional Context and Vicinity Map ........................................ .................. 11 Exhibit2 Site Plan ..................................................................................... ........ 13 Exhibit 3 Color Elevations -I-1O Billboard ... ----.......... —. ........................... 15 Exhib�4Cok)rE�vo�ons-I-GO5EUUboard .................... ......... ....... ................... 17 Exhibit 5Proposed New Pole Location -I-1O Billboard .... ................ ...................... 19 Exhibit 6Proposed New Pole Location -I-605 Billboard ........................................... 21 Exhibit 7 Photographic Survey of Existing Conditions - I-10 Billboard -------..Z3 Exhibit 8 Photographic Survey of Existing Conditions - I-605 Freeway ...................... 2S ii Initial Study ! • i The City of Baldwin Park (Lead Agency) received an application for a Development Agreement, prepared by Clear Channel Outdoor (project applicant) for the conversion of four static billboard faces to digital billboards. The approval of the application constitutes a project that is subject to review under the California Environmental Quality Act (CEQA) 1970 (Public Resources Code, Section 21000 et seq.), and the State CEQA Guidelines (California Code of Regulations, Section 15000 et. seq.). This Initial Study has been prepared to assess the short -term, long -term, and cumulative environmental impacts that could result from the conversion of four static billboard faces to digital billboards. This report has been prepared to comply with Section 15063 of the State CEQA Guidelines, which sets forth the required contents of an Initial Study. These include: • A description of the project, including the location of the project (See Section 2); • Identification of the environmental setting (See Section 2.11); ■ Identification of environmental effects by use of a checklist, matrix, or other methods, provided that entries on the checklist or other form are briefly explained to indicate that there is some evidence to support the entries (See Section 4); ■ Discussion of ways to mitigate significant effects identified, if any (See Section 4); ■ Examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls (See Section 4.10); and ■ The name(s) of the person(s) who prepared or participated in the preparation of the Initial Study (See Section 5). UNEYOM The body of state law known as CEQA was originally enacted in 1970 and has been amended a number of times since then. The legislative intent of these regulations is established in Section 21000 of the California Public Resources Code, as follows: The Legislature finds and declares as follows: a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. b) It is necessary to provide a high- quality environment that at all times is healthful and pleasing to the senses and intellect of man. c) There is a need to understand the relationship between the maintenance of high - quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state. d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached. e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment. f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution. g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian. The Legislature further finds and declares that it is the policy of the State to: h) Develop and maintain a high - quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. i) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise. j) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wildlife populations do not drop below self - perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history. k) Ensure that the long -term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions. 1) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. m) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality. n) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long -term benefits and costs, in addition to short -term benefits and costs and to consider alternatives to proposed actions affecting the environment. A concise statement of legislative policy, with respect to public agency consideration of projects for some form of approval, is found in Section 21002 of the Public Resources Code, quoted below: The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof. Comments from all agencies and individuals are invited regarding the information contained in this Initial Study. Such comments should explain any perceived deficiencies in the assessment of impacts, identify the information that is purportedly lacking in the Initial Study or indicate where the information may be found. All comments on the Initial Study are to be submitted to: Amy Harbin, AICP, City Planner City of Baldwin Park Community Development Department 14403 E. Pacific Ave 2nd Floor, Baldwin Park, CA 91706 Phone: (626) 813 -5261 Fax: (626) 962 -2625 Email: AHarbin @baidwinpark.com 2 Initial Study I" rr • Following a 30 -day period of circulation and review of the Initial Study, all comments will be considered by the City of Baldwin Park prior to adoption. .� I Aj All materials related to the preparation of this Initial Study are available for public review. To request an appointment to review these materials, please contact: Amy Harbin, AICP, City Planner City of Baldwin Park Community Development Department 1 + +03 C. Pacific Ave 2nd Floor, Baldwin Park, CA 71%06 Phone: (626) 813 -5261 ME* mmmim, �j 2.1 - Project Title Billboard Removal and Reconstruction Agreement at 410 and 446 Cloverleaf Drive City of Baldwin Park Planning Department City of Baldwin Park Community Development Department 14403 E. Pacific Ave 2"d Floor, Baldwin Park, CA 9170r, Amy Harbin, AICP, City Planner Phone: (626) 813 -5261 2.4 -- Project Location Two locations: (1) Southwest of 410 Cloverleaf Drive and (2) north of 446 Cloverleaf Drive Baldwin Park, California; APN 8564 - 021 -019 & 8564 - 021 -023 (See Exhibit 1, Regional Context and Vicinity Map) 2.5 - Project :sponsor's Name and Address Clear Channel Outdoor 19320 Harborgate Way Torrance, California 90501 2. - General Plan Land Use Designation Commercial /Industrial s ) , Industrial Commercial (IC) The City of Baldwin Park has received a proposal from Clear Channel Outdoor to replace four existing static billboards with electronic /digital sign displays (i.e. 'digital billboards "). These four billboards are located on two separate structures, with one structure supporting two billboard faces, back -to -back and the other structure supporting two billboard faces in a "V" format. The applicant is requesting approval of a development agreement to permit removal and reconstruction of these billboards. The applicant would construct, maintain, and operate the four new digital billboards —that is, four digital billboard faces located on two supporting structures — under the terms of a development agreement. i r v • Removal and Reconstruction Agreement A billboard is typically defined as a large off -site advertising sign that advertises or provides public information regarding a business organization, event, produce, service, or use. Digital billboard facings are an emerging media type. A digital billboard facing consists of a display surface that supports an image generated by light emitting diodes (LEDs). The image on the sign is static for a period of time before cycling to the next image. The images are changed remotely via computer. Digital billboards provide a remote, non- manual way to change billboard "copy" and offer greater flexibility of use than conventional billboards. Typically, advertising messages from advertisers rotate continuously, with each static image on display for about four to eight seconds. Although the LED display technology allows for scrolling, flashing or motion video, moving images on digital billboards are generally prohibited by current federal, State, and local regulations. LED displays are equipped with sensors that modify the brightness of the sign in response to ambient lighting conditions. During the day; the display is brighter to provide the necessary contrast to allow the image to be visible. At night, the LED display can be dimmed to reduce glare. The billboards are located at the Cloverleaf Business Park, on the southwest side of the intersection of Interstate 10 (I -10) and Interstate 605 (I -605). Within this parcel, three billboard advertising structures are currently in existence, each double - faced, for a total of six billboard faces. Four billboard faces are proposed to be converted from static billboards to digital billboards (both sides of two advertising structures). The details of the four sign faces are specified below: • I -10 billboard: The billboard structure located nearest to I -10 is proposed to convert both the east - facing and west- facing sides to digital. This billboard has faces oriented in a "V" shape such that the displays face the two directions of freeway traffic. The design of this sign is shown in Figure 3 and S. The existing billboards are mounted on a pole located off center from the sign, nearer to the freeway edge of the sign. The applicant proposes to remove the pole structure and replace it with a center - mounted steel pole. The proposed new LED east- facing sign face is proposed to be 48 feet in width by 14 feet in height. Total height of the proposed new billboard structure is 48 feet from existing grade; in addition to the digital sign face there will be an apron of approximately 10 to 36 inches below the sign. The advertising display would be mounted on a steel, approximately 42 -inch diameter column; architectural column cladding will be added to the column's dimensions to form a rectangular covering, from the ground to the bottom of the sign face. The proposed cladding material is aluminum, with dimensions of 60 inches by 78 inches. • I -605 billboard: There are also two billboard structures (each with two faces) located along the east side of the parcel near I -605. Of these two, the northernmost billboard has no proposed changes, and will remain a static billboard on both faces with a side pole mounting. With regard to the southernmost billboard, the applicant proposes to convert both the north - facing and south - facing billboards from static to digital billboards. This billboard is designed currently and under proposed future conditions with the two display faces oriented back -to -back, perpendicular to the I -605. The design of this sign is shown in Figure 4 and 6. The existing billboards are mounted on a pole located off center from the sign, nearer to the freeway edge of the sign. The applicant proposes to remove the side - mounted pole structure and replace the side - mounted pole with one center - mounted steel pole. The proposed new LED east - facing sign face is proposed to be 48 feet in width by 14 feet in height. Total height of the proposed new billboard structure is 48 feet from existing grade; in addition to the digital sign face there will be an apron of approximately 10 to 36 inches below the sign. The advertising display would be mounted on a steel, approximately 42 -inch diameter column; architectural column cladding will be added to the column's dimensions to form a rectangular covering, from the ground to the bottom of the 6 Initial Study '" a 6 - i • sign face. The proposed cladding material is aluminum, with dimensions of 60 inches by 78 inches. There is an existing small crepe myrtle tree and a parking lot light located in close proximity to the proposed new sign pole location. It is likely that the myrtle tree will be removed or relocated. The existing parking lot light will be relocated; the location of which will be determined in consultation with the City and the property owner /lessor. Construction of the Signs The following information regarding the process involved in installing a digital billboard is based on discussions with representatives of Clear Channel. The following description of activities has been included here as general project information and has been used as the basis for evaluating potential impacts for air quality and noise. The specifics of the procedure could be modified if recommended by the structural engineer based upon the result of a site - specific soil study. The construction would be subject to the building code, and a building permit would be required for construction activities. The construction schedule typically proceeds as follows: Day One: The crew will arrive on site and demolish /remove the existing billboard structure. The existing structure will be cut off at the grade level, and topped off with compacted dirt or concrete. The crew will utilize a crane truck and a flatbed truck to haul the structure, including the sign pole and existing static billboard face, away from the site. The underground foundation of the existing pole will be left in place. Day Two: The crew will arrive on site with a drilling rig to dig the footings for the proposed new structure. The estimated size of each hole is estimated to be consistent with existing structure footings. The existing column depth for the billboard located closest to the I -10 is approximately 33 feet deep, with 5 -foot wide diameter caissons. The applicant estimates the same depth for the proposed structure's footings, which would result in export of approximately 30.6 cubic yards of dirt. With regard to the billboard closest to the I -605, the existing column depth for the structure's footings is approximately 21 feet deep, with 5 -foot wide diameter caissons. The applicant estimates the same depth for the proposed structure's footings, which would result in export of approximately 19.4 cubic yards of dirt. In addition to the drilling rig, the construction team will likely use a skip loader (bucket truck), dump truck for soil export, and water truck as needed to water down dust. Day Three: The construction crew will set the columns and pour concrete. The crew will likely utilize a 25 -ton crane truck, a flatbed truck (to carry in the pre - fabricated columns), and a concrete truck. They will use fast - setting concrete, allowing the concrete to cure overnight. Day Four: The crew will erect the signs and superstructures. For this portion of construction, a 75 -ton crane truck will be utilized, and a flatbed truck (to carry in the superstructure & LED displays). Day Five: On day five, the construction crew would install electrical connections. Each LED display requires 76 AMPs. Each sign face will draw approximately 41,075 kilowatt hours per year. Day Six: On day six, the crew would complete any other necessary tasks to complete the structures and clean up the project site. Any necessary landscaping repairs /improvements would occur on day six. The applicant estimates that the above equipment will be used for approximately 8 hours combined for each site, during each phase. There will be approximately 6 crew persons /equipment operators each day at the site. During construction, each billboard would require between 6 to 10 parking spaces for staging area. Crews and equipment could move from Billboard Removal i. Reconstruction Agreement • ! , • one site to another as work progresses, potentially reducing the total construction timeframe from 12 days total for both structures. In addition to the Development Agreement, the project applicant will also be required to procure building permits, construction and demolition permits, and any permits as required by the California Department of Transportation ( Caltrans). MMUMMOUM The proposed billboards are located in close proximity to the I -10 and I -605 freeways, in the parcel located southwest of the junction of these two freeways. The parcel contains the Cloverleaf Business Park, which includes a variety of light industrial businesses. The parcel to the west is occupied by power line structures and an accessory nursery for growing plants. Beyond the nursery is the San Gabriel River. To the south is the Walnut Creek wash. The east parcel boundary abuts the I -605 freeway; the north parcel boundary abuts the I -10 freeway. 2.10 - Environmental Getting The proposed billboard replacements are located on a developed site in Baldwin Park's southwestern corner. A total of 14 existing structures constructed between 1987 and 1989 are located on -site totaling over 215,000 square feet. These buildings are occupied and contain light industrial uses. The project site is surrounded by transportation, flood control, and utility rights - of -way and the area is completely urbanized. Nominal ornamental landscaping is located in the parking area. Approval of the project will require approval of a development agreement by the City of Baldwin Park City Council. The project applicant will also be required to procure building permits, construction and demolition permits, and any permits as required by the California Department of Transportation ( Caltrans). lip py Appropriate clearance through Caltrans is also required for highway - oriented signs. 2.13 -- Regulatory Provisions Federal. The federal Highway Beautification Act of 1965 (23 U.S.C.131) provides for control of outdoor advertising, including removal of certain types of signs, along the interstate highway system. The Act is enforced by the Federal Highway Administration (FHWA). As part of its enforcement effort, the FHWA has entered into agreements regarding the Act with state departments of transportation. The agreements with California are described under the State provisions, below. In addition, the FHWA has responded to the development of signs that present changing messages, either mechanically or digitally, with an interpretation of its agreements with the states pursuant to the Highway Beautification Act. The FHWA discussed changeable message signs in a Memorandum dated .Iuiy 17, 1996, concluding that a state could reasonably interpret the provisions of its agreement with the FHWA "...to allow changeable message signs." 8 Initial Study f y • The FHWA issued a subsequent memorandum on September 25, 2007 on the subject of off - premises changeable electronic variable message signs (CEVMS). The memorandum stated that proposed laws, regulations, and procedures that allowed changeable message signs subject to acceptable criteria would not violate the prohibition on "intermittent, flashing, or moving" signs as used in the state agreements. The 2007 memorandum identified ranges of acceptability relating to key location and operational characteristics, which have resulted in consistent basic guidelines throughout the country: • Brightness: The sign brightness should be adjusted to respond to changes in light levels. • Duration of Message: Duration of display is generally between 4 and 10 seconds; 8 seconds is recommended. • Transition Time: Transition between messages is generally between 1 and 4 seconds; 1 to 2 seconds is recommended. • Spacing: Spacing between signs should not be less than the minimum specified for other billboards, or greater if deemed required for safety. • Locations: Location criteria are the same as for other signs unless it is determined that specific locations are inappropriate. The memorandum also refers to other standards that have been found helpful to ensure driver safety, including a default designed to freeze the display in one still position if a malfunction occurs; a process for modifying displays and lighting levels where directed by the state departments of transportation to assure safety of the motoring public; and requirements that a display contain static messages without movement such as animation, flashing, scrolling, or intermittent or full - motion video. State: The California Department of Transportation (Caltrans) is involved in the control of "off - site" displays along state highways. Such displays advertise products or services of businesses located on properties other than that which the display is located. Caltrans does not regulate on- site displays. The Federal Highway Administration has entered into written agreements with various states as part of implementation of the Highway Beautification Act, including written agreements dated May 1965 and February 1968. The agreements generally provide that the State will control the construction of all outdoor advertising signs, displays, and devices within 660 feet of the interstate highway right -of -way. The agreements provide that such signs shall be erected only in commercial or industrial zones, and are subject to the following restrictions: • No signs shall imitate or resemble any official traffic sign, signal, or device, nor shall signs obstruct or interfere with official signs; • No signs shall be erected on rocks or other natural features; • Signs shall be no larger than 25 feet in height and 60 feet in width, excluding border, trim, and supports; • Signs on the same side of the freeway must be separated by at least 500 feet; and • Signs shall not include any flashing, intermittent or moving lights, and shall not emit light that could obstruct or impair the vision of any driver. California regulates outdoor advertising in the Outdoor Advertising Act (Business and Professions Code §5240 et seq.). Caltrans enforces the law and regulations. Caltrans requires applicants for new outdoor lighting to demonstrate that the owner of the parcel consents to the placement sign, that the parcel on which the sign would be located is zoned commercial or industrial, and that local building permits are obtained and complied with. A digital billboard is identified as a "message center" in the statute, which is an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds (Business and Professions Code §5216.4). Billboard Removal and Reconstruction Agreement r - !' , • Some freeways are classified as "landscaped freeways." A landscaped freeway is defined as one that is now, or may in the future be, improved by the planting of lawns, trees, shrubs, flowers, or other ornamental vegetation requiring reasonable maintenance on one or both sides of the freeway ( §5216). Off - premise displays are not allowed along landscaped freeways except when approved as part of relocation agreements. However, Caltrans has interpreted these provisions as allowing new billboards along such freeway segments if a relocation agreement has been approved pursuant to §5412 of the Outdoor Advertising Act. The Outdoor Advertising act contains a number of provisions relating to the construction and operation of billboards: • The sign must be constructed to withstand a wind pressure of 20 pounds per square feet of exposed surface ( §5401); No signs shall display any statements or words of an obscene, indecent, or immoral character ( §5402); • No sign shall display flashing, intermittent or moving light or lights ( §5403(h)); • Signs are restricted from areas within 300 feet of an intersection of highways or of highway and railroad right -of -ways, but a sign may be located at the point of interception , as long as a clear view is allowed for 300 feet, and no sign shall be installed that would prevent a traveler from obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway ( §5404); and • Message center signs may not include any illumination or message change that is in motion or appears to be in motion or that changes or exposes a message for less than four seconds. No message center sign may be located within 500 feet of an existing billboard, or 1,000 feet of another message center display, on the same side of the highway ( §5405). Additional restrictions on outdoor signage are found in the California Vehicle Code. Vehicle Code §21466.5 prohibits the placing of any light source "...of any color of such brilliance as to impair the vision of drivers upon the highway." Specific standards for measuring light sources are provided. The restrictions may be enforced by Caltrans, the California Highway Patrol, or local authorities. 10 Initial Steady Exhibit 1 Regional Context and Vicinity Map Pac olrn2 IDS Pa 'NI noraii;a city 'Awipy o IV Canoga park - J 2 - 7 " Reseda ,,.Glendale c;- —0-1 MOU-42 Azusa OGIeiidcWa Arcadia 2 San,Gabriel - Covina 0 oRanch "UCamon + aidvAn r Wilts VV..j Alhambra k �t + Fo PO'k Z116 --,WloU --- U6j .6eles Monterey Pala SSEs O;lywo'd Angel 7 Ontario West Covina + Pornona \L OwPROJECT VerN Santa Monica o Bell q,;, TP Hzights Dial ond at c* Ingl-00d HuntIV*%iIark_I,. IS11 0- h[n. ills + F, ODowney d1 orccx + Hawth 4- 'Q� is. 0 AQ>pica 0 a �,7 SaW aw*utltan. OL2 Wada yorba ,CornpWrOIlflowerO ff_errttcr3s , ctf Fullerton + Coruna c e 'ittena ____ Redondosea,i,oTorran -4-arson 0 Lakewood o —'.Long Anafleiin Orange Source: ESRI, DeLorme, AND, Tele Atlas, First American, ESRI O.Ve, 1- A'- Japan, UNEP-WCMC, USGS, METI, ESRI Hong Kong, ESRI 22 N, Thailand, Procalculo Prosis, 2011. rninsler Miles talk valley A:i'a'nge 0 5 10 15 20 133 El Tor Tlill•oar• Removal and Reconstruction Agreement 11 mwi-k]m 12 Initial Study m O ti O O O. to WA SCALE iii A �r MIZE- 10 Al UIR t. K W 17— P V Ar 17 MIN. "IT A pit t O ti rt O N W O O ro ro ro to M rt M I E W O Fr F� 0 ro rt ro rt O 0 i� h w . > :K az> rim O F 0 0 mmc O rn 0 m O ti 0 Z c - z k PIN , V 9 On fli Eli I I O O rt 0 m X 0 0 w a rD rt O rt O 0 Exhibit 5 Proposed New Pole Location — I-10 Billboard � � 446 Cloverleaf Dr., billboard closest to I-10. Proposed new pole location. Proposed new pole to be located 20 feet south of existing pole (10 be removed). Irillboard Removal and Reconstruction Agreement 19 m 20 Initial Study Exhibit 6 Proposed New Pole Location - 1-605 Billboard ~ 410 Cloverleaf Dr., billboard closest to 1-605. Proposed new pole location. Existina Propcsed Proposed new pole to be located 20 feet south of existing pole (to be removed), Billboard Removal and Reconstruction Agreement 2i N�� �= MN* 22 Initial Study Exhibit 7 Photographic Survey • Existing Conditions - I-10 Billboard Base of existing sign 446 Cloverleaf Dr. looking northeast Billboard Removal and Reconstruction Agreement 23 � i - • M, ME* 24 Initial Study • ► _ �, M, Exhibit 8 Photographic Survey of Existing Conditions — 1-605 Freewl Southbound on 1-605 410 Cloverleaf Dr. looking south Northbound on 1-605 410 Cloverleaf Dr. looking north Base of existing sign Billboard Removal and Reconstruction Agreement w FAA 26 Initial Study rers The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the foUowinq 1)aqes. F� Population / Housing F-1 Public Services Recreation Mandatory Findings Utilities Service F-] Transportation/Traffic EJ Systems of Significance ~ 3~2 _De Determination 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 proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. F� I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a 'potentially significant impact' or potentially significant unless mitigated' impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. F-i I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Name: Amy Harbin, City Planner Date Billboard Removal and Reconstruction Agreement 27 Aesthetics F-1 Agriculture Resources F� Air Quality El Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Hazards & Hazardous I Hydrology Water Emissions Materials Quality r I Land Use Planning Mineral Resources Noise F� Population / Housing F-1 Public Services Recreation Mandatory Findings Utilities Service F-] Transportation/Traffic EJ Systems of Significance ~ 3~2 _De Determination 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 proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. F� I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a 'potentially significant impact' or potentially significant unless mitigated' impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. F-i I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Name: Amy Harbin, City Planner Date Billboard Removal and Reconstruction Agreement 27 I 28 Initial Study ' , • • r r Would the project: Potentially Less Than Less Than Significant Significant with Significant No Impact Mitigation Impact Impact p Incorporation p _. ._u ___ ...__. ...._.. a) Have a substantial adverse affect on a scenic :vista? �) E—I 01 i b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic ❑ ❑ ❑ buildings within view from a state scenic highway? _... - - c) Substantially degrade the existing visual character or quality of the site and its ❑ El ❑ surroundings? ---------- __- d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? a) No Impact. Scenic vistas can be impacted by development in two ways. First, a structure may be constructed that blocks the view of a vista. Second, the vista itself may be altered (Le., development on a scenic hillside). The Baldwin Park 2020 General Plan does not identify any scenic vistas within the City.' This project site is not considered to be within or to comprise a portion of a scenic vista. The primary scenic view from the project site and the surrounding area is of the San Gabriel Mountains to the north. The proposed project is located on a previously developed site, next to the I -10 and I -605 freeways, within a fully urbanized area visually dominated by commercial land uses and surface street features. Views of the San Gabriel Mountains are already partially and intermittently obscured by existing development and landscaping. The replacement signs would not substantially obscure views of the San Gabriel Mountains as they are generally the same size and location as existing signs. The proposed development is generally consistent in type and scale with the existing surrounding development, as there are multiple other billboards along the freeway corridors within the City. As such, the proposed project would result in no impact with respect to view of a scenic vista. ' Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 17). Billboard Removal and Reconstruction Agreement :a: Evaluation of Environmental Impacts -- --4 DE En b) No Impact. The project is not adjacent to a designated state scenic highway or eligible state scenic highway as identified on the California Scenic Highway Mapping System.2 The Baldwin Park 2020 General Plan does not identify any scenic resources within the City.3 The project site is located in a previously developed, urbanized area, and contains no scenic resources. Therefore, no impact to scenic resources visible from a state scenic highway will occur. c) Less Than Significant Impact. Development of the proposed project could result in a significant impact if it resulted in substantial degradation of the existing visual character or quality of the site and its surroundings. Degradation of visual character or quality is defined by substantial changes to the existing site appearance through construction of structures such that they are poorly designed or conflict with the site's existing surroundings. :operation of the replacement billboards would not substantially alter the existing visual character of the site or area, as each LED billboard will be replacing a static billboard of equivalent size. The immediate surroundings of the project site, at the intersection of the I -10 and I -605 freeways, are currently occupied by industrial uses, (which are not considered light- sensitive use), river channels, and roadways. In addition to billboards, the project site contains fourteen existing buildings, a parking lot, and landscaping. Surrounding buildings onsite are one story in height. All existing buildings and landscaping features would be retained with the proposed project. City staff will review the proposed design as part of the approval process, and design parameters would be imposed by the City based on Section 153.170 of the Zoning Code (Sign Regulations). While arguably disliked by some, highway oriented signs are not demonstrably negative in character such that they could be seen to degrade existing visual character in an area with existing highway - oriented commercial uses and signage. Additionally, as discussed above, the signs would not conflict with any protected views and are replacing existing static freeway - oriented signs. Construction of the proposed project would result in short-term impacts to the existing visual character and quality of the area. Construction activities would require the use of equipment and storage of materials within the project site. However, construction activities are temporary and would not result in any permanent visual impact. Project construction would result in the removal of limited existing landscaping in the immediate vicinity of the proposed new billboard column location. No mature trees would be removed, only small shrubs would potentially be affected. New landscaping will be required to replace loss of any existing landscaping. Upon project completion, the proposed project would consist of two new billboard structures, with four digital sign faces. No part of either billboard would exceed 48 feet in height as measured from grade. No single family zones or residences or other light- sensitive uses, with the exception of roadway traffic drivers and passengers, are located within the immediate of the project site. Impacts would be less than significant. d) Less Than Significant Impact with Mitigation Incorporated. Excessive or inappropriately directed lighting can adversely impact night -time views by reducing the ability to see the night sky and stars. Glare can be caused from unshielded or misdirected lighting sources. Reflective surfaces (i.e., polished metal) can also cause glare. Impacts associated with Z California Department of Transportation. California Scenic Highway Mapping System: Los Angeles County. [Accessed July 19, 2012.] 3 Ibid. 30 Initial Study Evaluation of Environmental Impacts glare range from simple nuisance to potentially dangerous situations (i.e., if glare is directed into the eyes of motorists). Digital billboards rely on LED (light- emitting diode) technology to display messages on a display screen. The lighting of each proposed sign face would be designed to make the message displays visible to passing motorists. LED billboard technology allows sign brightness to be adjusted automatically depending on ambient lighting and weather conditions. The display, for example, is brighter in the daytime than in darkness, and responds to changes in the ambient light conditions. Any digital billboard sign constructed or operated must obtain a Department of Transportation Outdoor Advertising Permit from Caltrans. As a condition of that permit, digital billboard signs are required to comply with the brightness requirements outlined in the Outdoor Advertising Act in that the illumination shall not be of such brilliance or so positioned as to cause a hazardous condition on adjacent highways. The standard used by Caltrans for enforcing sign brightness is as follows: "The brightness reading of an objectionable light source shall be measured with a 11 /7 degree photoelectric brightness meter placed at the driver's point of view. The maximum measured brightness of the light source within 10 degrees from the driver's normal line of sight shall not be more than 1,000 times the minimum measured brightness in the driver's field of view, except that when the minimum measured brightness in the field of view is 10 foot- lamberts of less, the measured brightness of the light source in foot- lambert shall not exceed 500 plus 100 times the angle, in degrees, between the driver's line of sight and the light source. ,4 Although these restrictions have been imposed for traffic safety reasons, the resulting controls effectively regulate the operation of digital billboard signs to ensure that individual signs do not create a substantial new source of light or glare. The signs would also comply with guidelines of the Outdoor Advertising Association of America (OAAA). These guidelines specify that lighting levels from a digital billboard will not exceed 0.3 foot- candies over ambient levels, as measured using a foot candle meter at a pre -set distance based on the size of the sign. For the proposed billboards, measuring 14 feet by 48 feet, this distance would 250 feet .5 The OAAA guidelines draw from recommendations in the OAAA- commissioned report, Digital Billboard Recommendations and Comparisons to Conventional Billboard s.6 This report developed a method for specification of brightness limits for LED signs based on accepted practice by the Illuminating Engineering Society of North America (IESNA). The report established criteria for brightness limits based on billboard -to- viewer measurements for standardized billboard categories. The recommended brightness level is 0.3 foot - candles above ambient light conditions. Illuminance can be measured simply by using a foot - candle meter held at a height of approximately five feet and aimed towards a sign consistent with the sign -to- viewer distance. A reading of no more than 0.3 foot - candles above ambient light conditions would indicate compliance. 4 California Business and Professions Code Section 5403 and California Vehicle Code Section 214466.5. 5 Outdoor Advertising Association of America. Brightness Criteria < http:// www. oaaa .org /legislativeandregulatory/ digital /brightnesscriteria.aspx> [Accessed August 8, 2012.] 6 Lewin, Ian. Lighting Sciences, Inc. Digital Billboard Recommendations and Comparisons to Conventional Billboards. 2007. Billboard Agreement Evaluation of Environmental Irnpactg, --.—_-------.--_-----.------_---'--.-_'-- DE Er Furthermore, Section 153.140.040.G of the Baldwin Park Zoning Code states that lighting for advertising signs shall not cause light or glare on surrounding properties. To ensure initial and continued compliance with these standards and guidelines, Mitigation Measure AE-1 and AE-2 are included. With mitigation incorporated, impacts would be less than significant. Mitigation Measure AE-1: The applicant shall demonstrate compliance with nnaxirnurn 0.3 foot-candle increase over ambient light at 250 feet from the sign face during nighttime conditions upon initial start-up through field testing. If subsequent complaints consisting of direct personal impacts are received by the City of Baldwin Park, the City shall require the applicant to fund follow-up field testing by an independent contractor or City staff trained in the use of e handheld photometer to demonstrate continued compliance. If increases in ambient light are found to be above the O.] foot-candle level, the dimming level shall be adjusted until this level can be demonstrated. Mitigation Measure AE-2: Signs shall be installed with sensors which automatically lower light output in accordance with atmospheric conditions (i.e. cloudy or overcast weather) and daily at night. Throughout sign operation, the dimness setting of the LED sign shall be adjusted in real time so it does not exceed the level of illumination identified under Mitigation Measure AE-1. Impacts related to light and glare would be reduced to less-than-significant levels with mitigation 32 Initial Study Would the project: Potentially LessTham Less Than No Significant Significant Significant Impact Impact with Impact Mitigation _ Incorporation a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps Drepared Dursuant 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 c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code El 0 section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104 (g))? d) Result in loss of forest land or conversion of forest land to non-forest e) Involve other changes in the existing environment which, due hotheir location or nature, could result in conversion of Farmland to non- 0 Fl Fl oo agricultural use nr conversion offorest }and to non-forest use? | | | | o\ No Impact. The proposed project will be located in a fully developed, connrnerdo|, urbanized area that does not contain agriculture or forest uses. The map of Important Farmland in California (2010) prepared by the Department of Conservation does not identify the project site as being Prime Farmland, Unique Farmland, or Farmland of Statewide Importance./ In addition, the Baldwin Park General Plan does not identify any areas for agriculture use. Therefore, there /Ca(ifomia Department of Conservation. Farmland Mapping and Monitoring Program, 2008. The City of Baldwin Park, including the project site, is indicated within "Area Not Mapped" in 2010 maps of Los Angeles County. Billboard Removal and Reconstruction Agreement 33 Evaluation of Environmental Im act per-------------------- - - -- ---- - - - - -- -- -- - -- -- - -- - -- - -- - -- - - - - -- - .., De Er will be no conversion of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance to a non - agricultural use as a result of this project. No impact will occur. b) No Impact. There is no existing agriculture zoning on or near the subject site. The project site is zoned Industrial Commercial, which does not permit agricultural uses. Neighboring parcels are zoned open space to reflect the creek beds and utility easements they contain. One parcel, in addition to containing overhead power lines, also contains a commercial growing nursery. No Williamson Act contracts are active for the project site.$ The project would not conflict with any nursery activities on the adjacent parcel. Therefore, there will be no conflict with existing zoning for agricultural use or a Williamson Act contract. No impact will occur. c) No Impact. Public Resources Code Section 12220(g) identifies forest land as land that can support 10- percent native tree cover of any species, including hardwoods, under natural coirdriti Fins, and c. dal h1 - ✓s «f management one or i??i3re ltlf ,.... ,. lesfl!.Jr [..eJ, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. The project site and surrounding properties are not currently being managed or used for forest land as identified in Public Resources Code Section 12220(g). The USDA Forest Service vegetation maps for the project site identify it as urban type, indicating that is not capable of growing industrial wood tree species.9 The project site and surrounding areas are fully urbanized. The project site and surrounding properties are not zoned for forest land or timberland production. No impact will occur. d) No Impact. The project site is previously developed in a fully urbanized area containing limited ornamental landscaping; thus, there will be no loss of forest land or conversion of forest land to non - forest use as a result of this project. No impact will occur. e) No Impact. The project site is a previously developed site within an urban environment. There are no agriculture or forest land uses in this area. Therefore, no conversion of farmland or forest land to non - agricultural or non - forest uses will occur. 8 California Department of Conservation. Williamson Act Program, 2007. 9 USDA Forest Service. Pacific Southwest Region. EvegTile51A_02_03_v2. 2007 34 Initial Study s • r s. i i 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: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact ................_._................__........... _.._.__.._._._... ......_.._._..___._..._._...._. _..__._..._._..__. Incorporation a) Conflict with or obstruct imnlementation of the appliable t_1 air quality plan? b) Violate any air quality standard or contribute substantially to an j existing or projected air quality ❑ ❑ ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or ❑ ❑ g El state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ F concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ B' people? a) No Impact. A significant impact could occur if the proposed project conflicts with or obstructs implementation of the South Coast Air Basin 2007 Air Quality Management Plan. Conflicts and obstructions that hinder implementation of the AQMP can delay efforts to meet attainment deadlines for criteria pollutants and maintaining existing compliance with applicable air quality standards. Pursuant to the methodology provided in Chapter 12 of the 1993 SCAQMD CEQA Air Quality Handbook, consistency with the South Coast Air Basin 2007 Air Quality Management Plan (AQMP) is affirmed when a project (1) does not increase the frequency or severity of an air quality standards violation or cause a new violation and (2) is consistent with the growth assumptions in the AQMP.10 Consistency review is presented below: 10 South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993 1.1illboard Removal and Reconstruction Agreement 35 Evaluation of Environmental Impacts - - -- --------- ---- -- - d ------------------------------------------------- t En The project would result in short -term construction and long -term pollutant emissions that are less than the CEQA significance emissions thresholds established by the SCAQMD, as demonstrated in Section 4.3 et seq. of this report; therefore, the project would not result in an increase in the frequency or severity of any air quality standards violation and would not cause a new air quality standard violation. The CEQA Air Quality Handbook indicates that consistency with AQMP growth assumptions must be analyzed for new or amended General Plan elements, Specific Plans, and `significant projects.' Significant projects include airports, electrical generating facilities, petroleum and gas refineries, designation of oil drilling districts, water ports, solid waste disposal sites, and off -shore drilling facilities. This project does not involve a General Plan Amendment, Specific Plan, and is not considered a `significant project'. Furthermore, the project would not involve any new housing or employment uses which would affect population or employment growth. Based on the consistency analysis presented above, the proposed project will not conflict with the AQMP; no impact will occur. b) Less Than Significant Impact. A project may have a significant impact if project related emissions would exceed federal, state, or regional standards or thresholds, or if project- related emissions would substantially contribute to existing or project air quality violations. The proposed Project is located within the South Coast Air Basin, where efforts to attain state and federal air quality standards are governed by the South Coast Air Quality Management District (SCAQMD). Both the State of California (State) and the Federal government have established health -based ambient air quality standards (AAQS) for seven air pollutants (known as 'criteria pollutants'). These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), inhalable particulate matter with a diameter of 10 microns or less (PMlo), fine particulate matter with a diameter of 2.5 microns or less (PM2.5), and lead (Pb). The State has also established AAQS for additional pollutants. The AAQS are designed to protect the health and welfare of the populace within a reasonable margin of safety. Where the state and federal standards differ, California AAQS are more stringent than the national AAQS. Air pollution levels are measured at monitoring stations located throughout the air basin. Areas that are in nonattainment with respect to federal or state AAQS are required to prepare plans and implement measures that will bring the region into attainment. Table 4.3 -1 (South Coast Air Basin Attainment Status - South Los Angeles County) summarizes the attainment status in the project area for the criteria pollutants. Discussion of potential impacts related to short-term construction impacts and long -term operational impacts are presented below. Table 4.3 -1 South Coast Air Basin Attainment Status - South Los Angeles County Pollutant Federal State 03 (1 -hr) N/A Nonattainment 03 (8 -hr) Nonattainment Nonattainment PM10 Nonattainment Nonattainment PM2.5 Nonattainment Nonattainment CO Attainment Attainment NO2 Attainment Nonattainment SO2 Attainment Attainment Pb Nonattainment Nonattainment Sources: CARB 2011, U.S. EPA 2012 36 Initial Study Evaluation of Environmental Impacts Construction Emissions The California Emissions Estimator Model (CalEEMod) version 2011.1.1 was utilized to estimate emissions from the proposed construction activities (see Appendix A, Air Quality Modeling Data). Estimated construction phase lengths were provided by the applicant, as summarized in Table 4.3 -2. Each billboard structure (of which there are two proposed) would require an estimated six days for construction. A general start date was chosen in late spring 2013. Table 4.3 -2 Tentative Construction Schedule Phase Start End Days Demolition 5/3/2013 5/4/2013 2 Site Preparation/Dig Ecoti ^gs 5/6/2013 5/7/2013 2 Set Columns, Concrete, Structures 5/8/2013 5/14/2013 6 Architectural Coating /Landscaping 5/15/2013 5/16/2013 2 Total 12 Source: Hogle- Ireland 2012 Note: Construction is anticipated to last six days total for each structure (2 structures total), given the limited scale of the project. Efficiencies may permit activities for both structures to occur on the same day. However, to be conservative, each structure is assumed to take 6 total days for construction. The maximum (summer or winter) results of the analysis are summarized in Table 4.3 -3 (Unmitigated Maximum Daily Construction Emissions). The model indicates that no criteria pollutants would exceed the daily emissions thresholds established by SCAQMD; therefore, construction impacts would be less than significant. Table 4.3 -3 Unmitigated Maximum Daily Construction Emissions (lbs /day) Year ROG NOx CO 502 PM10 PM2_5 2013 3.01 23.05 14.91 0.03 2.38 1.73 SCA MD Threshold 75 100 550 150 150 55 Potential Impact? No No No No No No Source: Hogle- Ireland 2012 Note: Volatile organic compounds are measured as reactive organic compounds Operational Emissions The project itself will not have any direct operational impacts that will affect air quality. It is assumed that over a period of time the portion of the column without aluminum cladding will be repainted, resulting in emissions from the evaporation of solvents contained in paints, varnishes, primers, and other surface coatings as part of maintenance. The proposed project would not impact traffic levels, as such no mobile- source emissions impacts would occur, including carbon monoxide impacts. It is assumed that due to the multitude of LED lights inherent in the billboard sign, the electricity consumption of the new sign will increase over that of the existing signs that utilize three to four halogen lamps each, despite higher energy - efficiency of LED lights. However, as there are no mobile sources or direct emissions associated with operation of the new sign, the proposed project's operational emissions are anticipated to be nominal and concluded to be less than significant. c) Less Than Significant Impact. Cumulative short -term, construction - related emissions and long -term, operational emissions from the project will not contribute considerably to any potential Billboard - Agreement | - / Evaluation of Environmental Impactg, ----.-------------.—.--___--.---.—.---_..-' y~` cumulative air quality impact because short-term project and operational emissions will not exceed any SCAQMD daily threshold. The project would contribute very rninirno| amounts of criteria pollutants to the area during short-term project construction and none at all during operations. With respect to local impacts, cumulative construction particulate impacts are considered when projects may be within a few hundred yards of each other. It is expected that that the nearby I-10/I-605 connector project would not occur concurrently with the proposed project." Certain construction activities associated with the ongoing I-18 high-occupancy vehicle lane construction (Phase I or Phase Z) or other construction activities in the area may coincide with the proposed project; however, as required of the proposed project, other concurrent construction projects and operations in the region will be required to implement standard air quality regulations and mitigation pursuant to State CEOA requirements. Impacts will be less than significant. d) No impact. The project is not classified as a sensitive land use because it does not cater specifically or generally to sensitive receptors such as children or the elderly; therefore the project will not result in siting of new sensitive receptors that could be impacted by any existing pollutant concentrations. There are no existing sensitive uses in the immediate vicinity. In the surrounding area, sensitive uses include Madrid Middle School and residential development located across the freeways and across the flood control channels bordering the project. Air quality impacts due Ln Toxic Air Contaminants (T7\[s), carbon monoxide and localized emissions as they relate to sensitive receptors are expected to be low to nil as the proposed project construction and operations phases would not directly create any significant air quality impacts. Toxic Air Contaminants Construction of the project would result in very short-term emissions from the use of on-site equipment to demolish existing structures, drill new foundation holes, and install the two new structures for four new billboard faces. The expected period of construction is o few days for each structure and emission levels were concluded to be low, as indicated in Section 4.3b above. Nearby homes and Madrid Middle School, therefore, would not be exposed to significant concentrations ofTACs during the short-term construction period. No impact will occur. Carbon Monoxide ACO hotspnt is an area of localized CO pollution that iacaused by severe vehicle congestion on major roadways, typically near intersections. The potential for violation of State and federal CO standards at study area intersections and exposure to sensitive receptors at those intersections is addressed using the methodology outlined in the Transportation Project-Level Carbon Monoxide Protocol (Ca/trans CO Protocol). According to the CO Protocol, projects may worsen air quality if they significantly increase the percentage of vehicles in cold start modes by two percent or more; significantly increase traffic volumes (by five percent or more) over existing volumes; or worsen traffic flow by increasing average delay at intersections operating at Level of Service (LOS) E or F. The installation and operation of the proposed LED billboard sign [aces and structures will not directly increase the volume of vehicles in cold start mode over what is already occurring, nor will the project have any impact on traffic volumes as no vehicle trips are associated with operation of the proposed project. Therefore, there would not be any potential for increasing CO hotspots. No impact will occur. o Los Angeles Metropolitan Transportation Authority. Interstate 10/605 Transition Connector From SB I-605 to EB I'10. <http://vvvvvv.rnetro.net/projects_studies/crnia/irnages/O962O1O- 6O5962OVVeb.pdf> [Accessed August 8, 2012.] 38 Initial Study rt tr, . Localized Significance Thresholds In addition to the mass daily emission thresholds established by the SCAQMD, short -term on -site emissions of NO2, CO, PM10, and PM2,5 are examined for local impacts to nearby sensitive receptors. The closest receptors would be Madrid Middle School to the west of the project site, across the San Gabriel River. Additional nearby receptors are the single - family homes on the eastern side (across) the I -605 from the project site. The SCAQMD methodology is called localized significance thresholds (LST). To assess local air quality impacts for development projects of five acres or less without complex dispersion modeling, the SCAQMD developed screening "lookup" tables to assist lead agencies in evaluating impacts. Construction of the project would result in very short -term emissions from the use of on- site equipment to remove existing sign structures, drill new foundations, and install the proposed LED billboards. The expected period of construction is a few days, and emissions are not in excess of any significance thresholds sd�.?tified Ire the LST tables.l Nearby Homes and other sensitive receptors, therefore, would not be exposed to significant concentrations of on -site emissions during the short -term construction period and none during operations. No impact will occur. e) No Impact. According to the CEQA Air Quality Handbook, land uses associated with odor complaints include agricultural operations, wastewater treatment plants, landfills, and certain industrial operations (such as manufacturing uses that produce chemicals, paper, etc.). Odors are typically associated with industrial projects involving the use of chemicals, solvents, petroleum products, and other strong - smelling elements used in manufacturing processes, as well as sewage treatment facilities and landfills. The proposed digital LED billboard signs do not include any of the above noted uses or process; no impact will occur. 12 South Coast Air Quality Management District. Localized Significance Thresholds. <http://www.aqmd.gov/ceqa/handbook/ist/appC.pdf> Billboard Removal and Reconstruction Agreement Evaluation of Environmental Impact.9, -- Would the project: ---------.—.—.---.---_'-' DE b\ Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, orbv 0 r� the California Department nfFish and Game or US Fish and Wildlife 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, 0 0 El coastal etc.) through 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 native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 40 Initial Study Potentially LessThan Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species El 0 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, policies, regulations, orbv 0 r� the California Department nfFish and Game or US Fish and Wildlife 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, 0 0 El coastal etc.) through 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 native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 40 Initial Study 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? Evaluation of Environmental Impacts M a) No Impact. The project site is currently developed with light industrial uses and surface parking. Landscaping currently exists on -site around buildings and in parking lots, however this ornamental vegetation is not habitat of any species identified as a candidate, sensitive, or special status species. The project site is not identified as critical habitat for Threatened and Endangered Species. 13 Considering the highly developed nature of the project site surrounding areas, the probability of existence of designated species under the federal Endangered Species Act or California Special Concern Species is low. Furthermore, the project would not result in the development of any additional structures beyond that which occur under existing conditions, as the proposed LED billboards will be replacing existing static billboards. The proposed project would, therefore, not have a substantial adverse effect on any species identified as a candidate, sensitive, or special - status species in local or regional plans or by the California Department of Fish and Game (CDFG) or U.S. Fish and Wildlife Service (USFWS). Considering the lack of habitat on the property, no impacts to wildlife species of concern will occur. b) No Impact. The project site is located on developed land. The site has been graded, previously developed, and has landscaping consisting of non - native, ornamental plants. There is no riparian habitat onsite. As such, no impact to riparian habitat or other sensitive natural habitat would occur. c) No Impact. According to the federal National Wetlands Inventory, the project site does not contain any wetlands. While there is identified riverine areas near the project site (Walnut Creek and San Gabriel River), there is no vegetation or on -site water features indicative of potential wetlands on site. 14 No impact will occur. d) No Impact. The project site is located in a fully urbanized area and does not support movement of native resident or migratory fish or wildlife species. The proposed signs will be replacing existing signs of the same general height and size and would thus have no effect on any natural resources that could support wildlife or fish movement. No impact will occur. e) No Impact. Section 153.165 of the Baldwin Park Zoning Code governs tree protection in the City of Baldwin Park. The Tree Protection Ordinance regulates the pruning and removal of trees on public and private property. For any mature or required tree on private property, a tree removal permit is required, and findings must be made that the tree constitutes a nuisance or in other specified ways is required to be removed. As defined by the Zoning Code, a mature tree is any tree located in the front yard, front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying 13 U.S. Fish and Wildlife Service. FWS Critical Habitat < http : / /criticalhabitat.fws.gov /> [Accessed July 24, 2012] 14 United States Fish and Wildlife Service. <http: //107.20.228.18 /Wetlands /WetlandsMapper. html# Billboard - Reconstruction - - for Threatened & Endangered Species, National Wetlands Inventory. [Accessed 7uly 24, 2012] Evaluation of Environmental Impacts feature. A required tree is a tree planted on private property which was planted consistent with a city - imposed condition of approval or shown on a landscape plan for a project approval. Any existing trees or shrubs currently existing on -site are proposed to remain in place. However, a small crepe myrtle tree located near the I -605 billboard site may need to be removed or relocated as part of the construction process. The tree is not considered a mature or required tree pursuant to the City's Tree Preservation Ordinance; as such no impact would occur if the tree is removed or relocated. The project will not affect any natural biological resources; therefore the project will not result in any conflicts with local or other policies or standards to protect such resources. f) No Impact. The proposed project site is not within the planning area of any Habitat Conservation Plan 15 or a Natural Community Conservation Plan area, 16 or other approved local, regional n`r star e habit--t conservation plan. N o impact will occur. 15 US Fish & Wildlife Services. Habitat Conservation Plans: Summary Report. <www.ecos.fws.gov /conserv_ plans /servlet /gov.doi.hcp.servlets. PlanReport> [Accessed July 24, 2012] 16 California Department of Fish and Game. Natural Community Conservation Planning: Status of NCCP Planning Efforts. <www.dfg.ca.gov /habcon /nccp /status /> [Accessed July 24, 2012] 42 Initial Study - - - - --- v Er Evaluation of Environmental Impacts 4.5 - Cultural Resources Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? a) Less than Significant Impact This property does not satisfy any of the criteria for a historic resource defined in Section 15064.5 of the State CEQA Guidelines. No known historically or culturally significant resources, structures, buildings, or objects are located on the project site. Furthermore, the project does not involve any changes to existing buildings onsite; the only proposed changes pertain to two billboard structures (and changes to the four sign faces). As such, the proposed project would not cause an adverse change in the significance of a historical resource, and impacts to historic resources are not anticipated. With regard to nearby historical resources, the Boulder Dam -Los Angeles Transmission Line Historic District, a high - voltage power line connecting the City of Los Angeles with the Hoover Dam, in Clark County Nevada is located near to the project site. The line was built between the years 1933 and 1936. The transmission line was determined eligible for the National Register in 1999 under Criterion A for its association with the construction of the Boulder Dam, both as a reclamation and irrigation project of immense importance to the American Southwest and as it relates to the development of metropolitan Los Angeles during the mid -1930s through the 1940s. It was also eligible under Criterion C for its unique engineering and structural characteristics within the context of development of point -to- point high voltage power transmission in California. The resource is also composed of other contributing elements such as the transmission line cables, single and double circuit towers carrying the cables, the access road serving the towers, two switching stations and two transformer stations. 17 The proposed project would not involve any changes to the transmission line nor would it not alter any characteristics of the historic property in a manner that would diminish the integrity of 17 State of California Department of Transportation. Interstate Routes 10/605 Direct Connector Project Mitigated Negative Declaration /Finding of No Significant Impact. January 2009. ... - * Agreement Evaluation of Environmental Impactsi a -------------------------------------------------------- Er the historic district; the Boulder Dam -Los Angeles Transmission Line will continue to be eligible for inclusion in the National Register. Impacts would be less than significant. b) Less than Significant Impact. The project site is located in an urbanized area that has been previously disturbed and heavily affected by past activities, specifically construction of existing on -site structures and signs. Given that the project site has been substantially disturbed by previous construction, any cultural resources that may have existed at one time likely have been previously unearthed or disturbed. Significant earth moving and excavation are not part of this project. The proposed signs are to replace existing signs, using the same general footprint for construction, although the signs' support poles will be repositioned to center mount rather than side mounts. These general areas have been disturbed from previous development of Cloverleaf Business Park in the 1980s and existing billboard foundations in the late 1990's. Furthermore, the City of Baldwin Park does not contain any known archaeological or paleontological resources.18 Archaeological resources are not expected to be found. Impacts would be less than significant. c) Less than Significant Impact. The property is a previously developed site in a fully urbanized area and therefore has no unique geological resources on or near the project site. The project will require drilling for proposed billboard structure foundations up to approximately 32 feet in depth and five feet in width. However, given the project's location to previously disturbed areas from the industrial development and existing sign foundations, and given that the project will have limited excavation requirements, it is considered unlikely that paleontological resources (fossil evidence of life from past geologic time frames) will be found. Therefore, the project will have a less than significant impact on paleontological resources or unique geologic feature. d) Less than Significant Impact. It is unlikely that human remains could be uncovered during grading operations, considering that the project site was previously disturbed during construction of the existing structures onsite. Nonetheless, should suspected human remains be encountered, the contractor would be required to notify the County Coroner in accordance with Section 7050.5 of the California Health and Safety Code, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are, or appear to be of a Native American, he /she would be required to contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. Through this existing regulatory procedure, impacts to human remains would be avoided. Impact would be less than significant with application of existing regulations. 18 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 19). 44 Initial Study Evaluation of Environmental Impacts O r Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinq: Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo 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? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 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 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 (1997), creating substantial risks to life or property? Billboard Removal and Reconstruction Agreement 45 Evaluation of Environmental Impactg--------------------------------------------------------------------------------------- - - -. -- -1 de LEr 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? 0 a.i) No Impact. Although the project site is located in seismically active Southern California, the site is not located within an Alquist- Priolo Earthquake Fault Zone.i9 The closest earthquake fault zone under the auspices of the Alquist - Priolo Earthquake Fault Zoning Act is the East Montebello fault, which is located nearly five miles to the west of the proposed project. No impact will occur. a.ii) Less Than Significant Impact with Mitigation Incorporated. The project site is subject to strong seismic ground shaking, as are all projects located within Southern California. Construction of the sign will be subject to the seismic design criteria of the 2010 California Building Code (CBC). Compliance with the CBC and the City's regulatory standards will ensure impacts due to strong seismic ground shaking will be less than significant. As a result of the larger weight of the proposed sign, it is not clear whether a larger footing will be required to ensure that the new sign will be remain stable during an earthquake or under intense wind loading. The following mitigation measure shall be implemented to ensure that the sign does not pose a hazard during either a seismic event or during high winds. Mitigation Measure GEC} -1: The project architect or engineer shall provide the City's Building Official with structural stability calculations that verify the proposed sign will not collapse under either the regional seismic loads or high wind conditions (up to 100 mph), and show that the project is compliant with the wind and seismic design criteria of the 2010 CBC. The sign foundation and pylon shall be designed to meet these design engineering requirements. a.iii) Less Than Significant Impact. Liquefaction is a phenomenon that occurs when soil undergoes transformation from a solid state to a liquefied condition due to the effects of increased pore -water pressure. This typically occurs where susceptible soils (particularly the medium sand to silt range) are located over a high groundwater table. Affected soils lose all strength during liquefaction and foundation failure can occur. According to the Seismic Hazard Evaluation of the El Monte and Baldwin Park 7.5 minute quadrangles, the project the site, like much of the City, is located in Zone of Required Investigation for liquefaction. 20 This indicates that the area has been subject to historic occurrence of liquefaction, or local geological, geotechnical, and groundwater conditions indicate a potential for permanent ground displacement such that mitigation as defined in Public Resources Code Section 2693(c) would be required. However, data provided by water service providers in Baldwin Park indicate that the depth of groundwater is more than 50 feet and therefore the 19 California State Department of Conservation. California Geological Survey, Alquist - Priolo Earthquake Fault Zone Maps. 20 California State Department of Conservation. California Geological Survey, Seismic Hazard Zones. Baldwin Park and El Monte Quadrangles, March 25, 1999. 46 Initial Study Evaluation of Environmental Impacts potential for liquefaction is 10w.21 Impacts due to seismically induced liquefaction will be less than significant. a. iv) Less than Significant Impact. Structures built below or on slopes subject to failure or landslides may expose people and structures to harm. The project site slopes gently to the south, with a steep slope on the northern and eastern boundaries resulting in a grade change related to the adjacent freeways, which are elevated from the surrounding land uses. According to the Seismic Hazard Evaluation of the Baldwin Park and El Monte 7.5 minute quadrangles, the site is not located in an Earthquake- Induced Landslide Zone. 22 This indicates a low probability for landslides. The project site is generally flat and although there are nearby grade changes associated with the adjacent rights -of -way for the I -10 and I -605 freeways, there are no exposed hills or other geologic features that would be affected by construction activities. Construction of the proposed billboard structures would occur on relatively flat land; no cut into nearby slopes is proposed. Impacts would be less than significant. b) Less Than Significant Impact. Topsoil is used to cover surface areas for the establishment and maintenance of vegetation due to its high concentrations of organic matter and microorganisms. Little, if any, native topsoil is likely to occur on site since the site is covered with paving and structures. The project site is currently paved and developed as a light- industrial complex. The project site is underlain by fill material due to previous development and therefore the project will not affect native top soil. No grading is proposed as part of this project. The proposed sign will be replacing the existing sign, however new foundations will be required as the signs will be center mounted rather than side mounted. As such, the project has the potential to expose surficial soils to wind and water erosion during construction activities. Wind erosion will be minimized through soil stabilization measures required by South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust), such as daily watering. Water erosion will be prevented through the City's standard erosion control practices required pursuant to the California Building Code and the National Pollution Discharge Elimination System (NPDES), such as silt fencing or sandbags. Following project construction, the site would be covered completely by paving, structures, the proposed signs, and landscaping. Impacts related to soil erosion would be less than significant with implementation of existing regulations. c -d) Less Than Significant Impact. Impacts related to liquefaction and landslides are discussed above in Section 4.6.a. Lateral spreading is the downslope movement of surface sediment due to liquefaction in a subsurface layer. The downslope movement is due to gravity and earthquake shaking combined. Such movement can occur on slope gradients of as little as one degree. Lateral spreading typically damages pipelines, utilities, bridges, and structures. Lateral spreading of the ground surface during a seismic activity usually occurs along the weak shear zones within a liquefiable soil layer and has been observed to generally take place toward a free face (i.e. retaining wall, slope, or channel) and to lesser extent on ground surfaces with a very gentle slope. Due to the absence of any channel within or near the subject site, the potential for lateral spread occurring within the site is considered to be negligible. Expansive soils are those that expand when exposed to water and contract when water is not present. 21 City of Baldwin Park, City of Baldwin Park 2020 General Plan Update Final Program Environmental Impact Report. Appendix A: Initial Study. 22 California State Department of Conservation. California Geological Survey, Seismic Hazard Zones. Baldwin Park and El Monte Quadrangles, March 25, 1999. Billboard t a s.+ Agreement Evaluation of Environmental Impacts,....................... . -------- - - - - -- - ----------------- j De Er The project would be required to comply with the California Building Code (CBC) with regard to construction; the billboards would require building permits and would be constructed to current building code standards. These standards include consideration of geological and seismic conditions. Soil conditions at the billboard sites would be identified and considered as part of the design process. Compliance with existing CBC regulations would limit hazard impacts arising from liquefaction, landslides, lateral spreading, and unstable soils to less than significant. e) No Impact. The project does not require a septic tank as it will not create any waste. No impact will occur. 48 Initial Study Evaluation of Environmental Impacts 4.7 - Greenhouse Gas Emissions Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Generate greenhouse gas emissions, either directly or indirectly, that may have a ❑ ❑ ❑ significant impact on the environment? — --- - -- ------ - - - - -- – b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions ❑ ❑ ❑ of greenhouse gases? a) Less Than Significant Impact. Climate change is the distinct change in measures of climate for a long period of time.23 Climate change is the result of numerous, cumulative sources of greenhouse gas emissions all over the world. Natural changes in climate can be caused by indirect processes such as changes in the Earth's orbit around the Sun or direct changes within the climate system itself (i.e. changes in ocean circulation). Human activities can affect the atmosphere through emissions of greenhouse gases (GHG) and changes to the planet's surface. Human activities that produce GHGs are the burning of fossil fuels (coal, oil and natural gas for heating and electricity, gasoline and diesel for transportation); methane from landfill wastes and raising livestock, deforestation activities; and some agricultural practices. Greenhouse gases differ from other emissions in that they contribute to the "greenhouse effect." The greenhouse effect is a natural occurrence that helps regulate the temperature of the planet. The majority of radiation from the Sun hits the Earth's surface and warms it. The surface in turn radiates heat back towards the atmosphere, known as infrared radiation. Gases and clouds in the atmosphere trap and prevent some of this heat from escaping back into space and re- radiate it in all directions. This process is essential to supporting life on Earth because it warms the planet by approximately 60° Fahrenheit. Emissions from human activities since the beginning of the industrial revolution (approximately 250 years ago) are adding to the natural greenhouse effect by increasing the gases in the atmosphere that trap heat, thereby contributing to an average increase in the Earth's temperature. Greenhouse gases occur naturally and from human activities. Greenhouse gases produced by human activities include carbon dioxide (CO2), methane (CH4), nitrous oxide (NZO), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Since 1750, it is estimated that the concentrations of carbon dioxide, methane, and nitrous oxide in the atmosphere have increased over 36 percent, 148 percent, and 18 percent, respectively, primarily due to human activity. Emissions of greenhouse gases affect the atmosphere directly by changing its chemical composition while changes to the land surface indirectly affect the atmosphere by changing the way the Earth absorbs gases from the atmosphere. 23 United States Environmental Protection Agency. Frequently Asked Questions About Global Warming and Climate Change. Back to Basics. April 2009. Reconstruction Agreement 49 Evaluation of Environmental Impacts - -- ------------------------------- - - - - -- p Er GHG emissions for the project were quantified utilizing the California Emissions Estimator Model (CaIEEMod) version 2011.1.1 for construction impacts (see Appendix A, Air Quality Modeling Data), and the U.S. Environmental Protection Agency's Greenhouse Gas Equivalencies Calculator 24 for operational impacts to determine if the project could have a cumulatively considerable impact related to greenhouse gas emissions. These results are summarized in Table 3.7 -1. Operational emissions associated with the proposed project would be limited to GHG emissions from energy usage associated with the LEDs on each billboard face. GHG emissions from electricity use are indirect GHG emissions from the energy (purchased energy) that is produced offsite. Each billboard face is estimated to use 41,075 kilowatt hours (KWH) per year; 25 the proposed project's four billboards are estimated to use 164,300 KWH /year; resulting GHG emissions are estimated at approximately 116 metric tons of CO2 or CO2 equivalent. 26 Construction activities are short term and cease to emit greenhouse gases upon completion, unlike operational emissions that are continuous year after year until operation of the use ceases. Because of this difference, SCAQMD recommends amortizing construction emissions over a 30- year operational lifetime. This normalizes construction emissions so that they can be grouped with operational emissions in order to generate a precise project -based GHG inventory. Table 3.7 -1: Greenhouse Gas Emissions Inventory Source Total MTCO2E /YR Construction Total 10.79 30 -Year Amortization 0.36 Operational Energy 116 Total Construction + Operational 116.36 Proposed SCAQMD Screening Threshold 3,000 Exceeds Screening Threshold? No A numerical threshold for determining the significance of greenhouse gas emissions in the South Coast Air Basin (Basin) has not officially been adopted by the SCAQMD. As an interim threshold based on guidance provided in the CAPCOA CEQA and Climate Change white paper, a non -zero threshold based on Approach 2 of the handbook will be used .27 Threshold 2.5 (Unit -Based Thresholds Based on Market Capture) establishes a numerical threshold based on capture of approximately 90 percent of emissions from future development. The latest threshold developed by SCAQMD using this method is 3,000 metric tons carbon dioxide equivalent (MTCO2E) per year for all land use projects .28 This threshold is based on the review of 711 CEQA projects. 24 CaIEEMod was not used for the operational analysis as this model relies on building square footage to calculate operational GHG emissions. 25 According to information provided by Clear Channel. 26 Environmental Protection Agency. Greenhouse Gas Equivalencies Calculator. May 2011. <http: / /www.epa.gov /cleanenergy/ energy - resources /calculator.htm1 # results> [Accessed June 5, 2013.] 27 California Air Pollution Control Officers Association. CEQA and Climate Change. January 2008 28 South Coast Air Quality Management District. CEQA Significance Thresholds Working Group. Meeting # 15, Main Presentation. September 28, 2010 50 Initial Study Evaluation of Environmental Impacts Greenhouse gas emissions associated with the proposed project would not exceed the 3,000 MTCOZE threshold; therefore, impact would be less than significant. b) Less Than Significant Impact. The City has adopted the 2010 edition of the California Building Code (CBC), including the California Green Building Standards Code. The project would be subject to the California Green Building Standards Code. The City of Baldwin Park does not have any additional adopted plans, policies, standards, or regulations related to climate change and GHG emissions. However, the City is participating with the San Gabriel Valley Council of Governments (SGVCOG) in the Energy Efficiency Plan project, which is intended to implement activities to achieve statewide energy efficiency goals. Anticipated project completion is October 2012. There are no other government- adopted plans or regulatory programs in effect at this time that establish a specific performance standard to reduce GHG emissions from a single project. While the project may utilize more energy than the existing billboard's lighting system, the project does not include any feature (i.e. substantially alter energy demands) that would interfere with implementation of these adopted codes and plans; and the project does not exceed thresholds as discussed in 4.7a above. Impact will be less than significant. 4-1111111 0 =-M �111- MR.Mr. ion Agreement 51 Evaluation of Environmental Impactg 52 Initial Study Dc Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact - ----- - - ----------- I-— ........ ­­­ -------------------- ­___._­_.__.____.­.._­.­ . . . . ............. Incorporation .... ... .... .......... ---------- a) Create a significant hazard to the public or the environment through the routine transport, use, or El ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle 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 list of hazardous materials sites compiled pursuant to Government Code 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 use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ❑ EJ ❑ project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ emergency evacuation plan? 52 Initial Study Dc Evaluation of Environmental Impacts Potentially Less Than Significant Significant Impact with Mitigation Incorporation h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than No Significant Impact Impact K a) Less than Significant Impact. The project will not transport, use, or dispose of significant amounts of hazardous materials requiring special control measures. The small amount of paints and other substances used for maintenance of equipment will not be substantially hazardous and will be used in accordance with their labeling, thus the project will have no impact on the public or the environment through the routine transport, use, or disposal of hazardous materials. During the project construction and installation of the billboards, holes would be drilled and the excavated soil would be transported offsite. Additionally, the project may include minor trenching to connect to electrical supply. Prior to construction activities, the sites will be assessed for the presence of hazardous materials, which, if present, would be handled according to existing City regulations regarding hazardous materials handling and disposal. Based on the foregoing, impacts relating to hazardous materials are less- than - significant. b) No Impact. The proposed billboards will not utilize hazardous materials and do not produce hazardous wastes. No demolition of existing structures is proposed which would expose asbestos or other hazardous materials; existing structures will be removed via crane and transported to a recycling facility. The project applicant will also be required to comply with the City's Construction and Demolition Ordinance, which requires diversion of at least 50 percent of the demolition project's waste, as well as completion of a Construction and Demolition Materials Management Plan, to be reviewed by the City's Environmental Compliance Officer. Electronic components of the billboards may contain materials considered "e- waste" when disposed of due to potential hazardous metals, flame retardants, and other chemicals. The operator will be required to follow applicable regulations regarding proper disposal and /or recycling, as appropriate, as components are replaced or removed over time; therefore there is no potential for a hazardous release that could significantly impact the public. No impact will occu r. c) Less than Significant Impact. There are three schools located within close proximity to the project site; Madrid Middle School is located less than 1/3 mile from the project site to the west, in the City of El Monte; Jerry Voorhis Elementary School is located approximately 0.5 miles west of the project site, in El Monte; and De Anza Elementary School is located northeast of the project site, in Baldwin Park, north of Interstate -10, approximately 0.4 miles from the project site. Operation of the proposed project —LED billboard signs —would not generate any hazardous emissions, and storage, handling, production or disposal of acutely hazardous materials is not required or proposed for any aspect of this project. As discussed in Section 4.8.b, existing regulations address potential off -site construction- related hazards associated with removal and replacement of e- waste. Impact would be less than significant with implementation of existing regulations. Billboard Removal and Reconstruction Agreement 53 Evaluation of Environmental Impact& d) No Impact. The proposed project is not located on a site listed on the State Cortese List, a compilation of various sites throughout the state that have been compromised due to soil or groundwater contamination from past uses. " Based upon review of the Cortese List, the project site is not: • listed as a hazardous waste and substance site by the Department of Toxic Substances Control (DTSC),30 • listed as a leaking underground storage tank (LUFT) site by the State Water Resources Control Board (SWRCB),31 • listed as a hazardous solid waste disposal site by the SWRCB,32 • currently subject to a Cease and Desist Order (CDO) or a Cleanup and Abatement Order (CAO) as issued by the SWRCB,33 or • developed with a hazardous waste facility subject to corrective action by the DTSC, although portions of Baldwin Park, Azusa, Irwindale, and West Covina are included in the San Gabriel Valley Superfund Site, which is currently undergoing cleanup related to groundwater contamination. The 19 identified primary responsible parties are ultimately responsible for funding the design, construction, and operation of groundwater cleanup facilities. 34 The California Department of Health Services approved the design and oversees the operation of the four Baldwin Park water treatment systems. Because such contamination is being remediated, it does not present a potential health or safety risk to the Project or its users. e -f) No Impact. There are no public airports or private airstrips within two miles of the project site. The closest airport is El Monte Airport, located approximately four miles west of Baldwin Park. No impact will occur. g) No Impact. The proposed project would not substantially change existing conditions with regard to transportation routes or evacuation plans; the project proposes to replace four existing static billboard sign faces with digital LED signs. As there are no residential uses associated with the project, the project would not increase the population of the area; there are also no proposed new commercial buildings associated with the project which would increase employment in the area. 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.35 No public or private street will be closed during or following project construction 29 California Environmental Protection Agency. Cortese List. < www. calepa. ca.gov /SiteCleanup /CorteseList /> [Accessed July 30, 2012] 30 California Department of Toxic Substances Control. EnviroStor. <www.envirostor.dtsc.ca.gov /public /search.asp> [Accessed July 30, 2012] 31 California State Water Resources Control Board. GeoTracker. <geotracker.waterboards.ca.gov> [Accessed July 30, 2012] 32 California State Water Resources Control Board. Sites Identified with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit. < www.calepa.ca.gov/ SiteCleanup /CorteseList /CurrentList.pdf> [Accessed July 30, 2012] 33 California State Water Resources Control Board. List of Active CDO and CAO. <www.calepa.ca.gov /SiteCleanup /CorteseList /CDOCAOList.xis> [Accessed July 30, 2012] 34 California Department of Toxic Substances Control. Hazardous Facilities Subject to Corrective Action. < www. calepa. ca. gov / SiteCleanup / CorteseList /SectionA.htm #Facilities> [Accessed May 29, 2012] 35 Baldwin Park General Plan 2002, Public Safety Element (p. PS -11). 54 Initial Study r--- -, De i Er Evaluation of Environmental Impacts and the project will have no effect upon existing opportunities for emergency access/evacuation on the site or to any surrounding (and uses. The project will not impair implementation of or physically interfere with an adopted emergency response plan or evacuation plan. No impact will occur. h\ No Impact. There are no wiNkand conditions in the urbanized area that the project site is located. No impact would occur. Billboard Removal and Reconstruction Agreement 55 | / Evaluation of Environmental Impactg --'yDs Er a) ________------- Violate any water quality standards or waste discharge requirements? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact ___ Incorporation EJ 0 El b) Substantially deplete groundwater supplies 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., El El Fier the production rate of 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)? 0 Substantially alter the existing drainage pattern of the site or 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 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 existing or planned stormwater drainage systems or provide El El substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? El R El 56 Initial Study Evaluation of Environmental Impacts a) Less Than Significant Impact. The project involves the construction and operation of four digital billboard faces, located on two new sign poles. Operation of the project does not involve the use of water or generation of waste water. Short -term surface water quality impacts could potentially occur during the construction phase due to construction related activities, such as drilling the holes for foundations and pouring concrete. Runoff of loose soils and /or construction wastes and fuels during a rainstorm could flow into local storm drains. Such contaminated runoff could potentially threaten downstream water resources that receive runoff from the local drainage network. Compliance with the City's standard stormwater runoff provisions for construction activities will ensure that the project does not violate any water quality standards or any waste discharge requirements during construction. Due to the lack of significant grading, earth - moving, and construction extent as part of the project, impacts will be less than significant. b) Less Than Significant Impact. The proposed billboard signs will not require water to operate. The majority of the project site is paved and provides for little infiltration of water into underground aquifers. The project site does not support any groundwater production systems and will not interfere with the operation of any production system. The project, upon construction completion, would not substantially change impervious surface area and would not have a substantial impact on groundwater recharge. The proposed project is not expected to involve substantial excavation or trenching that would impact groundwater. The project involves drilling holes approximately five feet in diameter with a depth of approximately 21 -32 feet, depending on the location. In the event that groundwater is encountered and dewatering activities are required, it would be short -term as both installations are expected to take only a few days to complete and the hole would be filled with concrete for the foundation, resulting in minimal effects to groundwater. Impacts would be less than significant. c -e) Less Than Significant Impact. There are no streams on the project site and the project will not result in the alteration of any stream course. The site is fully developed and paved as a light industrial business center with directing drainage gutters discharging drainage flows into the Billboard Removal and Reconstruction Agreement 57 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation 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? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ a) Less Than Significant Impact. The project involves the construction and operation of four digital billboard faces, located on two new sign poles. Operation of the project does not involve the use of water or generation of waste water. Short -term surface water quality impacts could potentially occur during the construction phase due to construction related activities, such as drilling the holes for foundations and pouring concrete. Runoff of loose soils and /or construction wastes and fuels during a rainstorm could flow into local storm drains. Such contaminated runoff could potentially threaten downstream water resources that receive runoff from the local drainage network. Compliance with the City's standard stormwater runoff provisions for construction activities will ensure that the project does not violate any water quality standards or any waste discharge requirements during construction. Due to the lack of significant grading, earth - moving, and construction extent as part of the project, impacts will be less than significant. b) Less Than Significant Impact. The proposed billboard signs will not require water to operate. The majority of the project site is paved and provides for little infiltration of water into underground aquifers. The project site does not support any groundwater production systems and will not interfere with the operation of any production system. The project, upon construction completion, would not substantially change impervious surface area and would not have a substantial impact on groundwater recharge. The proposed project is not expected to involve substantial excavation or trenching that would impact groundwater. The project involves drilling holes approximately five feet in diameter with a depth of approximately 21 -32 feet, depending on the location. In the event that groundwater is encountered and dewatering activities are required, it would be short -term as both installations are expected to take only a few days to complete and the hole would be filled with concrete for the foundation, resulting in minimal effects to groundwater. Impacts would be less than significant. c -e) Less Than Significant Impact. There are no streams on the project site and the project will not result in the alteration of any stream course. The site is fully developed and paved as a light industrial business center with directing drainage gutters discharging drainage flows into the Billboard Removal and Reconstruction Agreement 57 Evaluation of Environmental Impacts,_ r- _._ _ 3 ®E existing stormwater system. There are no proposed improvements as part of the project that will impact or alter existing drainage flows or water courses. At the completion of construction, the project would consist of impervious surfaces and landscaped areas, and would therefore not be prone to substantial erosion. The proposed project, standing digital billboard signs, is not an industrial use that produces pollutants and therefore will not result in substantial pollutant loading such that treatment control BMPs would be required to protect downstream water quality. Impacts will be less than significant. During construction of the sign, pollutants may be created that could impact runoff water quality. However it is expected that minimal pollutants would be created due to the limited extent and scope of the project's construction. Compliance with the City's standard stormwater runoff provisions for construction activities will ensure that the project does not violate any water quality standards or any waste discharge requirements during construction. Impacts will be less than significant. f) No Impact. The project does not propose any uses that have the potential to otherwise degrade water quality beyond those issues discussed in Section 4.9 herein. g) No Impact. The project does not propose any housing, therefore no impact will occur. h) No Impact. The proposed project is not located within a 100 -year floodplain, as mapped by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. The project site is identified as Zone X, defined by FEMA as areas outside the 0.2 percent annual chance floodplain. 35 Therefore, no impediment of flood flows will occur. i) Less than Significant Impact. The project is located in Zone X on the Federal Emergency Management Agency's latest Flood Insurance Rate Map (FIRM), indicating that the site is not subject to flooding. The Santa Fe Dam is located more than 4 miles northeast of the project site. Inundation from Santa Fe Dam due to failure of the dam could possible result in flooding throughout Baldwin Park, including the proje design of the Santa Fe dam, and the fact thi there is very little chance of flood due to a practices and ongoing programs of review and unlikely.37 Therefore, the project will not ex either directly or due to the failure of a dam significant risk to development at the project design standards related to protection from a :t site (estimated at 2 feet). However, due to the t water is present only a few months of the year, rupture of this dam. Because of the construction modification, catastrophic dam failure is considered pose structures or the public to flooding hazards, )r levee. Dam inundation is not considered to be a site and this project is not subject to any special am failure. Impacts will be less than significant. j) No Impact. The project site is not subject to tsunami due to its elevation and distance (nearly 30 miles) from the ocean. All of Baldwin Park, including the project site, is not located near any body of water or water storage facility that would be considered susceptible to seiche.38 There are no significant hills, mountains, or washes in the immediate vicinity that could result in mudflows onto or from the project site. No impact will occur. 36 Federal Emergency Management Agency. Flood Insurance Rate Map. Map Number 06037C1670F and 06037CI675F (06037C1675F not printed as there are no special flood hazard areas on that panel). September 26, 2008. 37 Baldwin Park General Plan, Public Safety Element (p. PS -4). 2002. 38 Baldwin Park General Plan FEIR, 2002 - Appendix A, Initial Study (p. 23). 58 Initial Study Evaluation of Environmental Impacts 4.10 - Land Use and Planning Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation - - -- - — - -- .._. -- - -- - - -- Incorporation a) Physically divide an established 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, 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 _._ - - - - -___ conservation plan or natural ❑ ❑ ❑ �► community conservation plan? a) No Impact. The proposed project is located on an infill site surrounded by commercial and industrial uses. The project does not include any feature that would physically divide the surrounding community, such as construction of a new roadway or flood control channel. The project will have no impact on land use or circulation patterns within the community. Therefore, no impact will occur. b) Less than Significant Impact. The project site is designated as Commercial /Industrial in the City's General Plan and is zoned Industrial Commercial (IC). The project is not requesting any General Plan amendment that could conflict with policies designed to protect the environment and the project is consistent with the Commercial /Industrial land use designation which is designed to permit commercial, light manufacturing, and office uses in both business park settings and as individually developed lots. 39 The City has drafted a Zoning Ordinance amendment which indicates that digital (LED) billboards may be permitted subject to a development agreement in any Interstate Freeway Corridor (comprised of the area within the freeway right -of -way plus an additional 660 feet from the edge of the right -of -way) where they are replacing an existing static billboard, and subject to additional restrictions as itemized in the proposed Zoning Ordinance amendment and /or Development Agreement. The project will be required to comply with the Zoning Ordinance requirements as adopted. No new billboards, which are not replacing an existing billboard, are permitted in the city. 39 City of Baldwin Park. General Plan. 2002. Billboard Removal and Reconstruction Agreement 59 Evaluation of Environmental Impactg The proposed signs are located in a completely commercial /industrial area, away from residential dwellings. There will be no noise impacts associated with operation of the proposed signs. The LED signs will be subject to certain conditions of approval, including long -term review of potential light- related impacts, to minimize visual impacts on the surrounding uses and ensure continued safety surrounding the sites. Other potential disturbances are discussed in other sections of this Initial Study. The project will not conflict with any policy designed to mitigate environmental impacts. Impacts will be less than significant. c) No Impact. As discussed in Checklist Response 4.4f above, the proposed project site is fully developed and surrounding areas are not part of any habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. As such, no impact will occur. 60 Initial Study r— De LE" Evaluation of Environmental Impacts 4.11 _~ Mineral Resources Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact __ Incorporation a) Result in the loss of availability of a known mineral resource that would be of value to the region and the F D residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local El general plan, specific plan or other land use plan? a-b\ No Impact. The project site is located in a completely urbanized area. There are no mineral extraction or processing facilities on or adjacent to the site. No known mineral resources exist within the City of Baldwin Park .40 The project would not result in the loss of availability of an important mineral resource recovery site; no impact would occur. 4c' Baldwin Park General Plan FEIR, 2002. Appendix A, Initial Study (p. 23), Billboard Removal and Reconstruction Agreemment 61 Evaluation of Environmental Impacts' ----------------------------------------------------------------------------------------------- v t Er 4.12 - Noise Would the project result in: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation 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 groundborne vibration or ❑ ❑ ❑ groundborne noise levels? 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 f working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working ❑ ❑ ❑" in the project area to excessive noise levels? Noise can be defined as unwanted sound. Sound (and therefore noise) consists of energy waves that people receive and interpret. Sound pressure levels are described in logarithmic units of ratios of sound pressures to a reference pressure, squared. These units are called bets. In order to provide a finer description of sound, a bel is subdivided into ten decibels, abbreviated dB. To account for the range of sound that human hearing perceives, a modified scale is utilized known as the A- weighted decibel (dBA). Since decibels are logarithmic units, sound pressure levels cannot be added or subtracted by ordinary arithmetic means. For example, if one automobile produces a sound pressure level of 70 dBA when it passes an observer, two 2 cars passing 62 Initial Study Evaluation of Environmental Impacts simultaneously would not produce 140 dBA. In fact, they would combine to produce 73 dBA. This same principle can be applied to other traffic quantities as well. In other words, doubling the traffic volume on a street or the speed of the traffic will increase the traffic noise level by 3 dBA. Conversely, halving the traffic volume or speed will reduce the traffic noise level by 3 dBA. A 3 dBA change in sound is the beginning at which humans generally notice a barely perceptible change in sound and a 5 dBA change is generally readily perceptible.41 The proposed project is located in a fully urbanized area, in close proximity to the I -10 and I -605 freeways, and is surrounded by light industrial uses. Existing noise conditions are representative of this environment. Traffic noise from I -10 and I -605 are the greatest contributors to ambient noise levels near the project site. There are no discernible stationary noise sources within the project site. There are no sensitive receptors immediately adjacent to the project limits. a, c, d) Less Than Significant Impact. The City's Zoning Code (Section 153.140.070) codifies noise level standards in the City. Additional noise requirements are included in Municipal Code Sections 130.30 through 130.44. The proposed billboards will not have any operational noise or vibrations associated with their use. There will be minimal and short -term construction noise, anticipated to last for approximately six days for each billboard structure (2 total structures) while the existing structures are removed and new LED billboards are installed. Project- related construction would result in short-term increases in noise levels and groundborne vibration on and immediately surrounding the project site. Short -term Construction Impacts Because of the effects of noise attenuation, the distance from the noise source to a receptor is a primary consideration in determining the actual noise level experienced at the receptor. Because different construction stages involve different pieces of equipment and may involve only localized portions of a site, each stage of construction can result in different noise levels being generated, depending on the relative distance to sensitive receptors. There are no identified sensitive receptors within 500 feet of the project site. The nearest sensitive receptors are Madrid Middle School, located across the San Gabriel River from the project site, residential homes to the northwest (beyond the I -10 freeway), and residential homes to the east (beyond the I -605 freeway). Short-term maximum noise levels generated by heavy construction equipment can range from approximately 68 dBA to noise levels in excess of 100 dBA when measured at 50 feet. These noise levels would diminish with distance from the construction site at a rate of approximately 6 dBA per each doubling of distance. The heavy construction equipment utilized for the project would be a drilling rig, skip loader, dump truck, crane truck, and flatbed truck for transporting the structures. Table 4.12 -1 (Typical Reference Noise Emission Levels from Construction Equipment) summarizes the average noise levels produced from a sample of common construction equipment that are used for construction activities at 50 feet and 150 feet from the source. Distance and surface attenuation of noise levels at 150 feet were calculated using the Caltrans Technical Noise Supplement for point sources (soft site surface). 41 California Department of Transportation. Basics of Highway Noise: Technical Noise Supplement. November 2009. Billboard - • • Reconstruction Agreement Evaluation of Environmental Impacts-------------------------------- ------------------------- Er Table 4.12 -1: Typical Reference Noise Emission Levels from Construction Equipment Equipment Type Reference Level (dBA) at 50 feet Reference Level (dBA) at 150 feet Excavator 85 73.1 Loader 80 68.1 Dump Truck 84 72.1 Back Hoe 80 68.1 Crane 85 73.1 Welding and Painting Truck 85 73.1 Drill Rig 85 73.1 Concrete Truck 85 73.1 Skip Loader 80 68.1 Notes 1) Assumes all equipment is fitted with a properly maintained and operational noise control device, per manufacturer specifications. 2) Noise levels listed are manufacture specified noise levels for each piece of heavy construction equipment. Source: FHWA 2006 Ho le- Ireland Inc. 2011 Construction activities may be heard above the existing noise levels and would be expected to create a short-term annoyance to light industrial uses located within 50 -150 feet from construction activities during construction. However, these uses are not considered sensitive receptors and impacts would be short -term in nature. The City's Municipal Code limits hours of construction to 7:00 A.M. to 7:00 P.M.42 Based on the location of nearest sensitive receptors, the type of equipment used in the construction process, and the relatively short time period of construction, noise impacts created by the project will have a less than significant impact. Lone -term Operational Impacts Implementation of the proposed project would not include any noise - generating uses. The existing billboards on site do not generate any noise, and no noise would be generated by the replacement billboards. No additional onsite workers would be required to service or maintain the proposed billboards. Long -term operation impacts will not expose persons to noise levels that exceed the standards of the Municipal Code, nor will they exceed existing ambient noise level conditions; therefore impacts will be less than significant. b) Less Than Significant Impact. Vibration is the movement of mass over time. It is described in terms of frequency and amplitude and unlike sound; there is no standard way of measuring and reporting amplitude. Vibration can be described in units of velocity (inches per second) or discussed in decibel (dB) units in order to compress the range of numbers required to describe vibration. Vibration impacts to buildings are generally discussed in terms of peak particle velocity (PPV) that describes particle movement over time (in terms of physical displacement of mass). For purposes of this analysis, PPV will be used to describe all vibration for ease of reading and comparison. Vibration can impact people, structures, and sensitive equipment.43 The primary concern related to vibration and people is the potential to annoy those 42 City of Baldwin Park. Municipal Code Section 130.04, Permitted Hours of Construction. 43 California Department of Transportation. Transportation- and Construction- Induced Vibration Guidance Manual. June 2004 64 Initial Study Evaluation of Environmental Impacts working and residing in the area. Vibration with high enough amplitudes can damage structures (such as crack plaster or destroy windows). Groundborne vibration can also disrupt the use of sensitive medical and scientific instruments such as electron microscopes. Common sources of vibration within communities include construction activities and railroads. Operation of the proposed billboards does not include uses that cause vibration. Construction activities associated with heavy construction activity may cause some short -term localized vibration to surrounding uses. Short-term Construction Impacts Construction of the proposed project may result in varying degrees of temporary groundborne vibration and noise, depending on the specific construction equipment used and activities involved. Groundborne vibration and noise levels associated with various types of construction equipment and activities are summarized in Table 4.12 -2. Table 4.12 -2: Reference Vibration Snurce Amnlitudes for Cnnstrurtinn Ftniinmimnt Equipment Reference PPV at 25 ft in /sec Pile driver 0.484 - 1.876 Large bulldozer 0.089 Caisson drilling 0.089 Loaded trucks 0.076 Jackhammer 0.035 Small bulldozer 0.003 Notes: PPV is the peak particle velocity. Pile driver amplitude varies greatly based on equipment type and size. Source: Caltrans Transportation and Construction Induced Vibration Guidance Manual. June 2004 According to the Caltrans vibration manual, heavy construction equipment as outlined in Table 4.12 -2 can cause annoyance at uses within the project vicinity or damage structures. Caltrans has developed a screening tool to determine if vibration from construction equipment is substantial enough to impact surrounding uses. The Caltrans vibration manual establishes thresholds for vibration impacts on buildings and humans. These thresholds are summarized in Tables 4.12 -3 and 4.12 -4. Table 4.12 -3 Vibration Damage Potential Threshold Criteria Structural Integrity Maximum PPV in /sec Transient ` Continuous Extremely fragile historic buildings, ruins ancient monuments 0.12 0.08 Fragile buildin s 0.20 0.10 Historic and some older buildings 0.50 0.25 Older residential structures 0.50 0.30 New residential structures 1.00 0.50 Modern industrial and commercial structures 2.00 0.50 Source: Caltrans 2004 Billboard Removal and Reconstruction Agreement 65 Evaluation of Environmental Impacts,, ------------- Table 4.12 -4 Vibration Annoyance Potential Threshold Criteria Human Response PPV Threshold in /sec Transient Continuous Barely perceptible 0.04 0.01 Distinctly perceptible 0.25 0.04 Strongly erce tible 0.90 0.10 Severely perceptible 2.00 0.40 Source: Caltrans 2004 Construction activities that use drilling rigs and loaded trucks are repetitive sources of vibration; therefore, the continuous threshold is used. All buildings located on the site were built between 1987 and 1989, so the modern industria! and commercial structures threshold is used. Based on the threshold criteria summarized in Tables 4.12 -2 and 4.12 -3, vibration from use of heavy construction equipment would be below the threshold to cause damage to nearby structures. Continuous noise associated with a large bulldozer or the drilling rig may be "strongly perceptible" at adjacent properties. Based on the Caltrans screening procedures, impacts to humans are not anticipated to be severe and would be short term in nature; strongly perceptible vibration would be associated only with the use of the drilling rig and large bulldozer. Other activities would be distinctly or barely perceptible. Furthermore, these construction activities would be limited to the times of day allowed by the Noise Ordinance (between 7:00 A.M. to 7:00 P.M.) and would only last for a few days. Short-term construction impacts would be less than significant. Long -term Operational Impacts With regard to long -term operational impacts, activities associated with implementation and operation of the proposed billboard sign replacements would not result in any vibration - related impacts to adjacent properties. No impact would occur. e,f) No Impact. No airport land use plans apply to the area, and the proposed located within two miles of an airport. No impacts to airport land use plan occur. There are also no private airstrips in the project vicinity; there would be to excessive noise near a private airstrip. project site is not s or airports could no impacts related 66 Initial Study - DE L Er Evaluation of Environmental Impacts 4.13 - Population and Housing Would the project: b) Displace substantial numbers of existing housing, necessitating the construction of replacement El EJ El housing elsewhere? - --------- c) Displace substantial numbers of people, necessitating the construction of replacement ❑ housing elsewhere? a) No Impact. The project, the replacement of four billboard sign faces located on two advertising structures, does not entail establishing any housing or creating any job-creating uses and therefore, it will not induce substantial population growth in the area. No impact will occur. b) No Impact. The project does not propose to remove any housing, thus no impact will occur. c) No Impact. The project does not propose removal of any housing, thus no people will be displaced and no impact will occur. Agreement 67 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact .... . ........ .. ............ . ...... ........ Incorporation ........ . ..... . ...... ............. a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement El EJ El housing elsewhere? - --------- c) Displace substantial numbers of people, necessitating the construction of replacement ❑ housing elsewhere? a) No Impact. The project, the replacement of four billboard sign faces located on two advertising structures, does not entail establishing any housing or creating any job-creating uses and therefore, it will not induce substantial population growth in the area. No impact will occur. b) No Impact. The project does not propose to remove any housing, thus no impact will occur. c) No Impact. The project does not propose removal of any housing, thus no people will be displaced and no impact will occur. Agreement 67 Evaluation of Environmental Impacts; - - - - - - - -- pE 4.14 - Public Services Would the project result in substantial adverse physical impacts associated with the provision of 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: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact incorporation a) Fire protection? ❑ B► b) Police protection? c) Schools? E-1 E d} Parks? E-1 E e) Other public facilities? a) No Impact. The proposed project site plans and application have reviewed by the Los Angeles County Fire Department, who had no comments. No new fire stations or other capital improvements will need to be built and no new fire personnel will need to be hired in order to maintain existing service ratios and response times, as the project will not increase population or the need to service them. No impact will occur related to fire protection services. b) No Impact. The project will not increase residential population or employment numbers and will not require law enforcement and public safety services from the County Sheriff's Department. No new stations or other capital improvement will be required and no new personnel will need to be hired in order to maintain existing service ratios and response times as the project will not increase population or the need to service them. No impact will occur related to police protection services. c) No Impact. The proposed sign will not generate any employees nor would it house any residents who might attend a local school. No impact will occur. d) No Impact. This proposed sign will not generate any employees nor would it house any residents who might increase the demand for new or use of existing park or recreation facilities. No impact will occur. e) No Impact. No impact will occur to other public facilities such as libraries because the project will not expand the resident population. 68 Initial Study Evaluation of Environmental Impacts 4.15 Recreation a) No Impact. The proposed billboard sign face conversions would not create new households that could increase usage of local and regional parks and recreation facilities. No impact will occur. b) No Impact. The proposed billboard sign face conversions do not include construction of any recreation facilities and would not require construction or improvement of any off -site facilities; thus, no impact will occur. Billboard Removal and Reconstruction Agreement 69 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ physical 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? a) No Impact. The proposed billboard sign face conversions would not create new households that could increase usage of local and regional parks and recreation facilities. No impact will occur. b) No Impact. The proposed billboard sign face conversions do not include construction of any recreation facilities and would not require construction or improvement of any off -site facilities; thus, no impact will occur. Billboard Removal and Reconstruction Agreement 69 I Evaluation of Environmental Impactg .......... 4.16 - Transportation and Traffic Would the project: Potentially Significant Impact DE i Er Less Than Less Than No Significant Significant Impact with Mitigation Impact Incorporation a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation i system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) .... . . .... .. . ..................... Result in a change in air traffic . .......... ....... . ..... patterns, including either an increase in traffic levels or a change ❑ in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ El ❑ 70 Initial Study Evaluation of Environmental Impacts f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the ❑ ❑ ❑ performance or safety of such facilities? a, b, c, f) Less than Significant Impact. The operation of digital billboards would not result in any increase in vehicle trips or changes in air traffic patterns or alternative transportation. Traffic generated for construction of the proposed project would be minimal in both level and duration. The impacts would be less than significant. d) Less than Significant impact with Mitigation Incorporated. The project proposes to construct and operate four digital billboard faces on two billboard structures along the freeways within the City. The digital billboards would be visible primarily from the I -10 and I -605 freeways, to which they are oriented. The capability of digital billboards to present changing images has raised concerns regarding the effect of such signage on traffic safety. The primary concern has been effects on driver attention, but concerns have also been raised regarding the potential for such signage to produce light of such intensity or direction that it could interfere with driver vision. This is a topic of ongoing research. The Federal Highway Administration,44 the American Association of State Highway and Transportation Officials, the National Cooperative Highway Research Program ( NCHRP), 45 the Transportation Research Board, the Illumination Engineering Society of America, 46 the digital billboard industry, 47 and private groups have conducted or participated in numerous research studies. Literature reviews have found that there are no definitive, widely accepted conclusions about the presence or strength of adverse safety impacts from digital billboards, or about specific location, design, and operating standards that would protect public safety.48 Continued research is being conducted by various government agencies and private organizations. The existing research points to a number of location and operational characteristics that could affect safety. These are mostly related to brightness and message duration. With regard to brightness, the brightness of a billboard will attract a driver's gaze earlier and longer than other visual stimuli that appear less bright .49 Also, the NCHRP report notes that at night, dawn or dusk, 44 U.S. Department of Transportation Federal Highway Administration. The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An Update. Publication No. FHWA- HRT -09 -018. February 2009. 45 National Cooperative Highway Research Program /Jerry Wachtel, CPE. Safety Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs, NCRHP Project 20 -7 (256). April 2009. This study was completed for the American Association of State Highway and Transportation Officials. 46 Illumination Engineering Society of North America. IESNA Lighting Handbook. 91h Edition. 47 Lighting Sciences /Ian Lewin Ph.D. Digital Billboard Recommendations and Comparisons to Conventional Billboards. 2007. 48 National Cooperative Highway Research Program /Jerry Wachtel, CPE. Safety Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs, NCRHP Project 20 -7 (256). April 2009. 49 Ibid. Billboard Removal and Reconstruction Agreement 71 Evaluation of Environmental Impacts - -- - -. - - -- ae or in incremental weather, a bright sign can draw attention away from the road and traffic, and render less brightly lit official traffic signs, markings, and brake lights, less conspicuous and more difficult to discern. With regard to message duration, drivers will be more distracted by a display that changes as they approach it; as such a longer message duration lowers the number of message changes seen by a driver and is less distracting .50 The FHWA has recommended a message duration of eight seconds;51 California requires a minimum of four seconds.52 Another issue to consider is transition time between displays on the billboard, as it is a combination of brightness and apparent motion that attracts a viewer's gaze to the sign. A perceptible dark or blank interval between successive displays will increase the sense of apparent motion. The FHWA suggests that transition between messages be limited to one to two seconds. 53 Visual effects, such as fade, dissolve, or animation in the transition between successive messages is widely regarded as a distracting traffic safety hazard. State and federal law also establish minimum spacing distance between digital billboards, of 1,000 feet. The proposed billboards would comply with this spacing requirement. Additionally, billboards should not be placed near driver decision and action points, such as interchanges and curves, or near official traffic control signs that guide drivers to these actions, as this is a potential traffic safety concern.S4 The proposed project would be required to comply with all existing federal and State laws and regulations related to billboards, including the Highway Beautification Act, FHWA agreements with the State pursuant to the Highway Beautification Act, California's Outdoor Advertising Act, and the California Vehicle Code. These laws and regulations are enforced by Caltrans and the California Highway Patrol. The project would also be required to comply with the freeway digital billboard standards contained in the Baldwin Park Zoning Ordinance (Section 153.170 -Sign Regulations). In order to ensure establishment and continued operation of the billboards within acceptable safety ranges, the following mitigation measures are included. Mitigation Measure T -1: The operation of the digital LED billboards located at the Cloverleaf Business Park shall comply with the following at all times: • No special visual effects that include moving or flashing lights shall accompany the transition between two successive messages, and no special visual effects shall accompany any message display; • The minimum display duration time for messages shall be not less than 8 seconds, and the minimum display time between messages shall be not more than 1 second; • The minimum font size shall be established for the maximum speed on the I -10 and I- 605 freeways. The font size standard shall be in accordance with the sign industry's best practices formula. • Prior to implementing any of the following, the operator shall submit a request and obtain permission from the City: installing, implementing or using any technology that would allow interaction with drivers, vehicles or any device located in vehicles, 51 Ibid. 51 U.S. Department of Transportation, Federal Highway Administration. Information: Guidance on Off- Premise Changeable Message Signs. September 25, 2007. 52 California Outdoor Advertising Act. Section 5405. 53 U.S. Department of Transportation, Federal Highway Administration. Information: Guidance on Off - Premise Changeable Message Signs. September 25, 2007. 54 National Cooperative Highway Research Program /Jerry Wachtel, CPE. Safety Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs, NCRHP Project 20 -7 (256). April 2009. 72 Initial Study Evaluation of Environmental Impacts including, but not limited to, a radio frequency identification device, geographic positions system, or other device. • In the event of any failure or combination of failures that affect the digital billboards' luminance, the operator shall impose a default to an output level no higher than 4 percent of the maximum luminance of the billboard. If this cannot be achieved, then the display shall be required to default to an "off' position until the problem can be resolved. Mitigation Measure T -2: The operator of any digital billboard operated within the City of Baldwin Park shall submit, within 30 days following June 30 of each year, a written report regarding operation of each digital billboard during the preceding period of July 1 to June 30. The operator may submit a combined report for all such digital billboards operated by such operator within the City limits. The report shall, when appropriate, identify incidents or facts that that relate to specific digital billboards. The report shall be submitted to the Office of the City Manager and the City Attorney, and shall include the following information: • Status of the operator's license as required by California Business and Professions Code para 5300 et seq.; • Status of the required permit for individual digital billboards, as required by California Business and Professions Code para. 5350 et seq.; • Compliance with the California Outdoor Advertising Act, California Business and Professions Code para 5200 and all regulations adopted pursuant to such Act; • Compliance with California Vehicle Code para 21466.5 and 21467; • Compliance with provisions of written agreements between the U.S. Department of Transportation and the California Department of Transportation pursuant to the federal Highway Beautification Act (23U.S.C. para.131); • Compliance with mitigation measures and /or conditions of approval adopted as part of the project approval; • Each written or oral complaint received by the operator, or conveyed to the operator by any government agency or any other person, regarding operation of digital billboards within the City of Baldwin Park; • Each malfunction or failure of a digital billboard operated by the operator within the City of Baldwin Park, which shall include only those malfunctions or failures that are visible to the naked eye, including reason for the malfunction, duration and confirmation of repair; and • Operating status of each digital billboard operated by the operator within the City of Baldwin Park, including estimated date of repair and return to normal operation of any digital billboard identified in the report as not operating in normal mode. These measures will ensure that operation of each CEVMS billboard at the Cloverleaf Business Park location will meet short and long term safety requirements in the future; with incorporation of mitigation, impacts will be less than significant. e) No Impact. The proposed digital billboards would be located within a private parcel, outside of travelled portions of the driveway and parking areas, and would present no obstacles to emergency access. All construction activities would occur within the project site and would not involve any road closures on I -605, I -10 or any other public street. The signs would have the capacity to display official messages regarding emergencies, and could perform as part of the emergency response system, thus resulting in beneficial impacts. Therefore, the project would have no impact with regard to inadequate emergency access. Billboard - moval and Reconstruction Agreeme Evaluation of Environmental Impactg ------------'----'-----------------' 4~17 — Utilities and Service Systems Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control F El b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction 0 F-1 1:1 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 0 0 i El could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and El F 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 El F-1 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 F-1 F waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a-g) No Impact. The proposed project involves the conversion of four existing static billboard faces with digital LED billboard faces. Each billboard would require electrical service. The billboards are currently served by electricity for the existing lights which illuminate the sign faces 74 Initial Study _''- Er Evaluation of Environmental Impacts at night. Providing modified electrical services would not result in any significant effects. The digital billboards installed and operated as part of the project would use electrical energy, and would be constructed pursuant to current electrical codes, including Title 24. These standards would ensure that electrical energy would be used efficiently. Clear Channel estimates that each sign face utilize 41,075 kilowatt -hours (kwh) annually. Section 4.7 discusses the related greenhouse gas emissions associated with this energy use. Impacts were determined to be less than significant. The project would not generate any solid waste, wastewater, or require a supply of potable water. Construction and operation of the digital billboards would not require other utility services, and would not affect drainage. Installation of the proposed billboards would require coordination with various other utility companies via the Underground Service Alter (USA) to prevent conflicts with subterranean utilities. There would be no impact on utility services. Billboard Removal and Reconstruction Agreement 75 Evaluation of Environmental Impactg - 4.18- Mandatory Findings of Significance Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation 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 ❑ El El community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of i the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but ❑" ❑ ❑ cumulatively considerable? c) Does the project have environmental effects which will cause substantial adverse effects ❑' ❑ ❑ on human beings, either directly or indirectly? a) Less Than Significant with Mitigation Incorporation. The proposed project would not substantially impact any scenic vistas, scenic resources, or the visual character of the area, as discussed in Section 4.1, and would not result in excessive light or glare, with mitigation incorporated. The project site is located within an urbanized area with no natural habitat. The project would not significantly impact any sensitive plants, plant communities, fish, wildlife or habitat for any sensitive species after incorporation of mitigation, as discussed in Section 4.4. Adverse impacts to archaeological and paleontological resources would not occur. This site is not known to have any association with an important example of California's history or prehistory. The environmental analysis provided in Section 4.3 concludes that impacts related to emissions of criteria pollutants and other air quality impacts will be less than significant. Sections 4.7 and 4.9 conclude that impacts related to climate change and hydrology and water quality will be less than significant. Based on the preceding analysis of potential impacts in the responses to items 4.1 thru 4.17, no evidence is presented that this project would degrade the quality of the environment. The City hereby finds that impacts related to degradation of the environment, biological resources, and cultural resources will be less than significant with mitigation incorporation. b) Less Than Significant with Mitigation Incorporation. Cumulative impacts can result from the interactions of environmental changes resulting from one proposed project with changes 76 Initial Study a Er Evaluation of Environmental Impacts resulting from other past, present, and future projects that affect the same resources, utilities and infrastructure systems, public services, transportation network elements, air basin, watershed, or other physical conditions. Such impacts could be short -term and temporary, usually consisting of overlapping construction impacts, as well as long term, due to the permanent land use changes involved in the project. The proposed digital billboards will generally result in less than significant environmental impacts (with mitigation incorporated), as discussed herein. Short -term impacts related to light and glare, geology, and traffic hazards will be mitigated to less than significant levels. Impacts related to noise and air quality were determined to be less than significant, given the limited scale of the project, and therefore will not contribute substantially to any other concurrent construction programs that may be occurring in the vicinity. Short-term impacts related to pollutant emissions will be less than significant and will not exceed maximum thresholds. No other major projects are currently being planned to occur within the project site during the time frame of proposed project construction. Two project applications have been submitted for minor projects within the Cloverleaf Business Park, including design review to modify an existing wireless antenna in the southern portion of the property and one tenant improvement project within the business park. The wireless antennae project may occur within a similar timeframe of the proposed project; however neither project is of a scale or construction duration where cumulative impacts would occur. Furthermore, the proposed project is located in a different location within the business park and, as such there are unlikely to be conflicts. The timeframe of the tenant improvement is unknown, and would be speculative to estimate; however given the scale, the project is likely to be complete prior to the proposed project's construction. Cumulative impacts would not occur. With regard to other larger -scale projects in the vicinity, certain construction activities associated with the ongoing I -10 high- occupancy vehicle lane construction (Phase I or Phase 2) or other construction activities in the area may coincide with the proposed project. In addition, the I -10 /I- 605 connector project is estimated to achieve construction contract acceptance in August 2013, and construction would likely begin shortly thereafter.ss Construction of the proposed project, the four new billboard faces on two supporting structures, is estimated to take a few days for each project in total. This work may also be consolidated to occur concurrently for both billboard structures, further reducing the total construction timeframe. Construction for the billboards is estimated to occur in 2013 as well; however the work for the proposed project would occur entirely within the Cloverleaf Business Park parcel, while the I -10 /I -605 connector work and ongoing I -10 high - occupancy vehicle lane construction will occur within the freeway right -of -way and adjacent areas. There is not estimated to be any encroachment into the Cloverleaf Business Park with either of these freeway improvement projects. Furthermore, the proposed billboard project requires minimal on -site construction which would result in less than significant impacts, as the structures are fabricated primarily off -site. Construction that would occur on site would be limited to drilling holes for the foundation, hauling away dirt and existing structures, and erecting the proposed new structures. Construction impacts were determined to be less than significant. The City hereby finds that the contribution of the billboard conversions to cumulative impacts will be less than significant with mitigation incorporation, as noted in previous sections of this Initial Study. ss Los Angeles Metropolitan Transportation Authority. Interstate 10/605 Transition Connector From SB I -605 to EB I -10. <http: / /www.metro. net /projects_studies /cmia /images /0 %2010- 605® /o20Web.pdf> [Accessed August 8, 2012.] Billboard Removal and Reconstruction Agreement 77 Evaluation of Environmental Impactsr-------------- - - - - -- ------- - - - - -- p En c) Less Than Significant with Mitigation Incorporation. Based on the analysis of the project's impacts in the responses to items 4.1 thru 4.17, there is no indication that this project could result in substantial adverse effects on human beings. While there would be limited temporary adverse effects during construction related to noise and criteria pollutant emission, these were determined to be reduced to less than significant. Long -term effects would include minor changes of the visual character of the site and surrounding roadways due to the conversion of the four existing billboards to digital billboards, and associated change to lighting conditions. Mitigation is incorporated to reduce the level of significance related to light and glare, geology, and traffic safety, to a less- than - significant level. The analysis herein concludes that direct and indirect environmental effects will at worst require mitigation to reduce to less than significant levels. Generally, environmental effects will result in less than significant impacts. Based on the analysis in this Initial Study, the City finds that direct and indirect impacts to human beings will be less than significant with mitigation incorporation. 78 Initial Study 5.1 - List of Preparers City of Baldwin Park (Lead Agency) Community Development Department 14403 E. Pacific Ave. 2"d Floor Baldwin Park, CA 91706 ■ Amy Harbin, AICP, City Planner Bogle- Ireland (Environmental Analysis) (Environmental Analysis) 630 N. Rosemead Boulevard, Suite 150 Pasadena, CA 91107 Nelson Miller, AICP, Vice President Genevieve Sharrow, Associate Project Manager II Billboard Removal and Reconstruction Agreement 79 References MN* so Initial Study Summary of Mitigation Measures • • - Mitigation Measure AE -1: The applicant shall demonstrate compliance with a maximum 0.3 foot - candle increase over ambient light at 250 feet from the sign face during nighttime conditions upon initial start -up through field testing. If subsequent complaints consisting of direct personal impacts are received by the City of Baldwin Park, the City shall require the applicant to fund follow -up field testing by an independent contractor or City staff trained in the use of a handheld photometer to demonstrate continued compliance. If increases in ambient light are found to be above the 0.3 foot- candle level, the dimming level shall be adjusted until this level can be demonstrated. Mitigation Measure AE-2: Signs shall be installed with sensors which automatically lower light output in accordance with atmospheric conditions (i.e. cloudy or overcast weather) and daily at night. Throughout sign operation, the dimness setting of the LED sign shall be adjusted in real time so it does not exceed the level of illumination identified under Mitigation Measure AE -1. Mitigation Measure GEO -1: The project architect or engineer shall provide the City's Building Official with structural stability calculations that verify the proposed sign will not collapse under either the regional seismic loads or high wind conditions (up to 100 mph), and show that the project is compliant with the wind and seismic design criteria of the 2010 CBC. The sign foundation and pylon shall be designed to meet these design engineering requirements. Mitigation Measure T -1: The operation of the digital LED billboards located at the Cloverleaf Business Park shall comply with the following at all times: • No special visual effects that include moving or flashing lights shall accompany the transition between two successive messages, and no special visual effects shall accompany any message display; • The minimum display duration time for messages shall be not less than 8 seconds, and the minimum display time between messages shall be not more than 1 second; • The minimum font size shall be established for the maximum speed on the I -10 and I- 605 freeways. The font size standard shall be in accordance with the sign industry's best practices formula. • Prior to implementing any of the following, the operator shall submit a request and obtain permission from the City: installing, implementing or using any technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to, a radio frequency identification device, geographic positions system, or other device. • In the event of any failure or combination of failures that affect the digital billboards' luminance, the operator shall impose a default to an output level no higher than 4 percent of the maximum luminance of the billboard. If this cannot be achieved, then the display shall be required to default to an 'off" position until the problem can be resolved. Mitigation Measure T -2: The operator of any digital billboard operated within the City of Baldwin Park shall submit, within 30 days following June 30 of each year, a written report regarding operation of each digital billboard during the preceding period of July 1 to June 30. The operator may submit a combined report for all such digital billboards operated by such operator within the City limits. The report shall, when appropriate, identify incidents or facts Billboard Removal and Reconstruction Agreement 81 Summary of Mitigation Measures that that relate to specific digital billboards. The report shall be submitted to the Office of the City Manager and the City Attorney, and shall include the following information: • Status of the operator's license as required by California Business and Professions Code para 5300 et seq.; • Status of the required permit for individual digital billboards, as required by California Business and Professions Code para. 5350 et seq.; • Compliance with the California Outdoor Advertising Act, California Business and Professions Code para 5200 and all regulations adopted pursuant to such Act; • Compliance with California Vehicle Code para 21466.5 and 21467; • Compliance with provisions of written agreements between the U.S. Department of Transportation and the California Department of Transportation pursuant to the federal Highway Beautification Act (23U.S.C. para.131); • Compliance with mitigation measures and /or conditions of approval. adopted as part of the project approval; • Each written or oral complaint received by the operator, or conveyed to the operator by any government agency or any other person, regarding operation of digital billboards within the City of Baldwin Park; • Each malfunction or failure of a digital billboard operated by the operator within the City of Baldwin Park, which shall include only those malfunctions or failures that are visible to the naked eye, including reason for the malfunction, duration and confirmation of repair; and • Operating status of each digital billboard operated by the operator within the City of Baldwin Park, including estimated date of repair and return to normal operation of any digital billboard identified in the report as not operating in normal mode. 82 Initial Study Appendix Materials • _ Billboard Removal and Reconstruction Agreement 83 Prepared by: Hogle-Ireland, Inc. 630 N. 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CO 0 0 Z cD c� o E Z E O N to 0 tQ CS LU C14 LO I Cl 0 F- 6� Eb CN LU > x il a, LL 0 0 0 to cl 0 C) 0 7E LU LLI Cl) Lc; CV O '"I tG iY uj Ci LO �'jcc cu as cu 4) C) 6 C6 0 m O ti z Z Z< Z z 0 z m Ul Z LL 0 < Z z Lij Z LL z Z< 0 C < Z Er z O ti Q Cl) Cli to cc 0 co cs c; O q C, C, q q O R = 0 o 78— C) 0 o 0 C1 U .......... ............. 6 6 2i o C� R C5 :6 O O LU LU CN U- C, C, Q. F- cs :6 :6 6 xa W T 6 :6 :6 o x CL uj o c 0 r O R 0 TD m cm E E E' E cl: c 0: co. 2u ol 30: < L) cc 0 co O fQ co O 0 C, C) 7ffi co O d N D 'a C L N ti 'a d R .iE C) O Q? w.+ N tSS L m d C O w m .s+ r C6 R N O C1 R ol N O O N cc fQ C,4 co C 0 i I.w 0-0 Ah O t 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (m) SS3-mi Fax (916) 657539D Web Site www.nahc.caQov ds_nahcQpacbe1Lnet October 18, 2012 Ms. Amy Harbin, City Planner City of Baldwin Park 14403 E. Pacific Avenue, 2nd Floor Baldwin Park, CA 91706 OCT 22 2012 CITY OF BALDWIN PARK' PLANNING DIVISION Re., SCH#2012101040; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the "Billboard Removal and Reconstruction Agreement at 410 & 446 Cloverleaf Drive Project," located in the City of Baldwin Park- s I Angeles ,o ge es Go unty California Dear Ms. Harbin: The Native American Heritage Commission (NAHC) is the State of California `Trustee Agency' for t protection and preservation of Native American cultural resources ources pursuant to Califomia Public Resources Code §21670 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985:170 Cal App. P 604). This letter includes state and federal statutes. relating to Native American historic properties or resources of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. This project is also subject to California Government Code Section 65352.3. The California Environmental Quality Act (CEQA — CA Public Resources Code -21-000-21177, amendment s effective - 3/18)2819)- requires -that any project that -causes a -- substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance.' In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC recommends that lead agencies conduct a Sacred Lands File search of the proposed 'area of potential effect' (APE) as part of their due diligence. The NAHC."Sac';'red Sites,' . as def.ih6d by .the Native A . mericafi Heritage Commission and the California Legislature in California Public Resources Code §§5D97.94(a) and 5097.96. Items in the NAHC Sacred Lands inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r). Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We strongly urge that you make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural -resources and to obtain their recommendations concerning the proposed project. Pursuant to CA Public Resources Code § 5097.95, the NAHC requests cooperation from other public agencies in order that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties, including archaeological studies. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and California Public Resources Code Section 21083.2 (Archaeological Resources) that requires documentation, data recovery of cultural resources, construction to avoid sites and the possible use of covenant easements to protect sites. Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e.g. NEPA; 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(l) of federal NHPA(16 U.S.C. 470 etseq), 36 CFR Part 800.3 (f) (2) &.5, the Presidents Council on Environmental Quality (GSQ, 42 U.S.0 4371 et seq. and NAGPRA (25 U.S.C. 3001- 3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the 'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the Nabona-[Reg isfer of Historic 'Places. -The - S-ecretary may also b-e- advised -by-the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APEs and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent discovery of human remains mandate the processes to be followed in the event of a discovery of human remains in a project location other than a 'dedicated cemetery'. To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies., project proponents and their contractors, in the opinion of the, NAHC. Regarding tribal consultation, a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Finally, when Native American nuKurol sites and/or Native American burial ahsus are prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by CEQA Guidelines Section 15370(a). M, If you have any questions about this response to your request, please do not hesitate to ram Cc: State Clibarinahbuse Attachment: Native American Contact List Mn Los Angeles Gounty October 18, 2012 LA City/County Native American Indian Comm Gabrielino Tongva Nation Ron Andrade, Director Sam Dunlap, Cultural Resources Director 3175 West 6th St, Rm. 403 P.O. Box 36,908 Gabrielino Tongva Los Angeles, CA 90020 Los Angeles , CA 90086 randrade(Lbcss.lacounty.gov samdunlapgearthlink.net (213) 351-5324 (213) 386-3995 FAX TVAt Society/Inter-Tribal Council of Pimu Cindi M. AlVitre, Chairwoman-Manisar 3094 Mace Avenue, Apt. B Gabrielino Costa Mesa,, CA 92626 calvitregyahoo.com (714) 504-2468 Cell Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Admin. Private Address Gabrielino Tongva tattrilaw9amail.com 310-570-6567 Gabrieleno[Tonqva San Gabriel Band of Mission Anthony Morales, Chairperson PO Box 693 San Gabriel , CA 91778 GTTribalc>ouncil@_DaoI.com (626) 286-1632 (626) 286-1758 - Home (626) 286-1262 -FAX Gabrielino Tongva This list is current only as of the date of this documenL (909) 262-9351 - cell Gabrielino Tongva Indians of California Tribal Council Robert F. Dorame, Tribal Chair/Cultural Resources P.O. Box 490 Belfflower CA 90707 gtongva@verizon.net 562 -761 -6417 -voice 562 - 761 -6417 - fax Gabrielino-Tongva Tribe Bernie Acuna (3abrielino Tongva 1875 Century Pk East #1500 Gabrielino Los Angeles , CA 90067 (619) 294-6660-work (310) 428-5690 - Gel[ (310) 587-0170 - FAX bacunal Ca)gabrieinotribe.org Gabrielino-Tongva Tribe Linda Candelaria, Chairwoman 1875 Century Pk East #1500 Gabrielino Los Angeles , CA 90067 Icandelarial @?gabrielinoTribe.org 626-676-1184- cell (310) 587-0170 -FAX Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 6097-94 of the Public Resources Code and Section 5097,98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2012101040; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Billboard Removal and Recornsbvc:1jon at 410 and 446 Cloverleaf Drive; City of Baldwin Pariq Los Angeles County, California. MR11111 Los Angeles County October 18, 2012 Gabrieleno Band of Mission Indians Andrew Salas, Chairperson P.O. Box 393 Gabrielino Covina , CA 91723 (626) 926-4131 g abrielenoindians (—a yahoo. corn This list is current only as of the date of this document. Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7060.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#201210104tt; CEQA Notice of Completion; proposed Wtigated Negative Declaration for the Billboard Removal and Recomstruction at 490 and 446 Cloverleaf Drive; City of Baldwin Pariq Los Angeles County, California. F.A, 1 1 �o s� O 6 0O m n° o CL _Om too o a m .. • .. o Y� �N g I W N gY;o :sr 4z•,a /JPre' x �`,�, r, i � Pig{ gd.0 pib;o _ 2 ago a Y � P Y w 7 s [ t n , I `°° aT � '� ��;� a i,iq•;'. r••'�. p���- .. ts\ x &• / R` �R's ° °v_ � .�- i. is r _ a. jS,S iYver - eC{{ Y M7 rn^.H y #v m o ZINN Ito 1 I u CD Z� 3 O 0 0 tD e" ➢ zrr orcC ti E-11 -d LW- 14 t e f E EA u CD Z� 3 O 0 0 tD -pT , > (D m x 0 M CD M 1 Q1 0 CJi 0 o. O 61 N O O � i l � � � � � � � � � � � 4 � V O t • ! i' • Billboard Removal and Relocation Agreement DA 12-01 June 2G.2013 Billboard Removal and Relocation Agreement ,tune 26, 2013 Billboards 4750 and 4751 on Arrow Highway — Slated for removal Billboard Removal and Relocation Agreement June 26, 2013 Billboards 5099 and 5098 on Ramona Boulevard — Slated for removal Billboard Removal and Relocation Agreement June 26, 2013 Billboards 5097 and 5096 on Ramona Boulevard — Slated for removal l J a r • II RESOLUTION NO. 2013 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A BILLBOARD RELOCATION AND RECONSTRUCTION AGREEMENT WHEREAS, Clear Channel Outdoor, Inc., ( "CCO ") desires to convert existing static -faced billboard faces to digital faces within the City of Baldwin Park (the "City "); and WHEREAS, as a result of CCO's desire to convert those billboards, pursuant to a proposed amendment to the Baldwin Park Municipal Code ( "BPMC ") CCO must enter into an agreement with the City to ensure mitigation measures and all conditions that will be required by that amendment are met; and WHEREAS, the proposed agreement (the "Project ") is considered a project, pursuant to the California Environmental Quality Act (CEQA) and is described more particularly in the information on file with the Planning Division. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: that: SECTION 1. The City Council does hereby find, determine and declare A. An Initial Study and Mitigated Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Mitigated Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on June 26, 2013, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and the Planning Commission recommended approval of the mitigated negative declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on July 17, 2013, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration. At the hearing, the City Council fully reviewed and carefully Resolution 2013-022 Page 2 considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Mitigated Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Mitigated Negative Declaration is therefore hereby approved. SECTION 3. 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 17th day of July, 2013. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2013-022 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 17th day of July, 2013 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: July 17, 2013 SUBJECT: CONSIDERATION OF APPOINTMENTS AND RE- APPOINTMENTS TO FILL VACANCIES FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION The purpose of this report is to request the City Council to appoint applicants to the City's Commission offices for the Recreation and Community Services Commission. BACKGROUND The Recreation and Community Services Commission consists of eight members who shall be designated as Commission Office Nos. 1 through 8. Commission members shall be qualified residents of the City at the time of their appointment and at all times during their term. Commission members shall not hold public office as an elected official at the time of their appointment or at any other time during their term. DISCUSSION The Recreation and Community Services Commission currently has a vacancy in Office 3 and expired terms in Office 1, 2, 4 & 5. The following individuals have submitted applications for appointment or reappointment to the Recreation and Community Services Commission: Cecelia D. Bernal Irma Tarango Martha Reyes Joann Watkins Sylvia Garcia Alfredo Orozco Incumbent Incumbent Incumbent Incumbent New Applicant New Applicant Initial Start Year (July 1, 2013) Offices 1, 4 & 5 shall serve a one (1) year term; expiring June 30, 2014 Offices 2 & 3 shall serve a two (2) year term; expiring June 30, 2015 Offices 6, 7 & 8 shall serve a one (1) year term; expiring June 30, 2014 *Every year thereafter, Offices 1, 2, 3, 4 & 5 shall serve staggered two (2) year terms. Student Commissioners in Office 6, 7 & 8 will serve one (1) year terms. FISCAL IMPACT There is no fiscal impact for the appointment of two (2) student commissioners. All positions in the Recreation and Community Services Commission are currently included in the Fiscal Year 2013 -2014 budget. RECOMMENDATION Staff recommends City Council review the commission applications to appoint or reappoint individuals to serve on the Recreation and Community Services Commission by: Approve Resolution No. 2013 — 026; and 2. Appoint or Re- Appoint Commission Offices subject to satisfactory background checks through the Department of Justice. Attachments: A) Resolution No. 2013 — 026 B) Commission Applications I_�IWII_�� ■ 1�1�1�l�IIII_1 RESOLUTION NO. 2013 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -028 APPOINTING INDIVIDUALS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY TO OFFICE NO. 7 AND NO. 8, FOR A TERM TO EXPIRE JUNE 30, 2014 AND JUNE 30, 2015 WHEREAS, the Recreation and Community Services Commission consists of eight members and members of Office Nos. 1 through 5 are appointed to a two -year term and members of Office Nos. 6 through 8 (Student Commissioners, are appointed to a one -year term; and WHEREAS, vacancies currently exist in Offices Nos. 1, 2, 3, 4 & 5; and WHEREAS, a public Notice of Vacancy was posted for a minimum of 60 -days at three locations within the city, was posted on the city's website and in the Spring Issue of the Baldwin Park NOW. The deadline for submission was continuous until filled. WHEREAS, the City Council desires to fill the vacancies of Office Nos. 1, 2, 3, 4 & 5; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointments to Office Nos. 1, 4 & 5 are made and entered onto this resolution for a term expiring June 30, 2014 and Office Nos. 2 & 3 are made and entered onto this resolution for a term expiring June 30, 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following are appointed as members of the Housing Commission and shall hold office at the pleasure of the City Council and serve for the term as follows: Office 1 — for the term expiring June 30, 2014 Office 2 — for the term expiring June 30, 2015 Office 3 — for the term expiring June 30, 2015 Office 4 — for the term expiring June 30, 2014 Office 5 — for the term expiring June 30, 2014 Office 6 — for the term expiring June 30, 2013 Sierra Vista High School Student Office 7 — for the term expiring June 30, 2014 Baldwin Park High School Student Office 8 — for the term expiring June 30, 2014 North Park High School Student Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy of this Resolution to Commission appointees and a copy to the Commission secretary. PASSED, APPROVED and ADOPTED on July 17, 2013. MANUEL LOZANO MAYOR 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 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council July 17, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK PERSONAL INFORMATION: Name c Residence Address ' l 7 ))VVCAIIAIAI � I I Cvv i 6(i -10 L Length of time at this Address: E -mail address: l _9, � i u �) cx-) ld{.;41 D v� Home Phone No. °—`� Cell /Message Phone No.�? Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? t 5 , I Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? e 5 If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 igh School Graduate? G.E.D.? Name and Location of College or University Course of Study Degree EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Em to er s Position Title Dates of Em to went .3 , C -- 0_i L-v- r `j+ REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. 9 "ldt `e_ l 'V� L , C -7 - IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? � If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNO LEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury tinder the laws of the State of California that the foregoing i true and correct. - / Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name ()-4f-o Ct,�- Commission Requested: ..e (0 1-pclkwn Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. C �Q M -D 4-t,0, e C— -& �- CGA C Q D Ji I i, Zf-� A CO-C-1 CL- 0 a a Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Quafffication will be kept on file for two (2) years. Outing this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. „I kA ” f i:(89 .max m 00 x -n z P. c s " "�" ^'i lJ7 Ci O� f7I 1 n N t® to �$�� oM�nZiJ� G Z a v rq clr c n Z O T CF 0 ^ N m rlJ W ^ A ^_ 3.. ��o =q 3 0, A tJf. a a 00 A A t k (Ay � ro r y ty �� r c� a i SOUTHERN CALIFORNIA "d ",",,A E D I Su" IN I U1;111 An EDISON INTERNA77ONALS Company ' L t. R c ?1, jV li"J I I I r e r, i 1, BERNAL, DANIEL / Page 1 of 6 For billing and service inquiries Call 1-800-684-8123, Customer account 2-14-737-0514 24 hrs a day, 7 days a week Date bill prepared: Apr 24'13 Service account 3-010-8187-33 14883 STOCKDALE ST BALDWIN PARK, CA 91706 A 5,,- 10 U U I Rotating outage Group A015 Your account summary Y our previous balanc Payment we received on Mar 29 *13 - thank, yn S 111,2*3 S �" Z,,* Aor 2-S� Payment arrangement balanice 4 �X 1M Mew Your new charces Totaf amount you owe Compare the electricity you are using For meter 222010-394867 from Mar 25'13 to Apr 23'13 Your n'ex{ nPE-1 � - C"7' a Total electricity you used this month in kWh 506 cag 7 L -t9c$i t:r ioczw-rm' -Z%r -.4 374r,*. -.r VMW ACME - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7- Mim-, V E D 1 41" z- ........... �A Z in-n- ................. M Me '7 RECEIVED PLEASE ATTACH A CITY OF �ALUWIN '� ^/[/{p��R.I '� $ 1 e r' vi 9 �8 1 4i \: CURRENT TY BILL COPY AND APPLICATION FOR CITYFCO! IM" ,,u ` " `� r;Pi�, � i� A UTILITY BILL AND A COPY OF YOUR And ``, PHOTO ID STATEMENT OF QUALIFICA€ NS, I p clln OF aALawlN PARK T APPLICATION IS FOR THE FOLLOWING COMMISSION: Rec & Community Svcs Commission to separate annfication is reouired for each commission) PERSONAL INFORMATION: Name Irma Tarango Residence Address 3238 Stichman Ave. Baldwin Park, CA 91706 Length of time at this Address: 40 Years E -mail address: n/a Home Phone No. 626 - 939 -9190 Cell /Message Phone No. 626- 215 -8217 Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? No If yes, name of agency and position: n/a EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 (2 High School Graduate? No G.E.D.? NO Name and Location of College or University Course of Study Degree n/a EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Em to er s Position Title Dates of Employment Baldwin Park Unified School District Campus Greeter 2000 - present 3699 Holly Ave. Baldwin Park, CA 91706 REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Bertha Dominguez 14135 Fransiquito Ave #215 Baldwin P rk, CA 91706 626- 962 -3333 Ana Lujan 3578 Ahern dr Baldwin Park, CA 91706 626- 338 -0399 IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? No If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: n/a ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. 1 certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term ext)ires: Name Irma Tarno Commission Requested: STATEMENT OF QUALIFICATIONS: Rec & Community Svcs Commission Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. The Recreation and Community Services Commission is an ideal position. My main objective is to serve the community of Baldwin Park to the best of my abilities at the direction of the Baldwin Park City Council. As an active 40 year resident of Baldwin Park, I feel that I can effectively communicate concerns and ideas for our community. My passion is for the city I've called home for the last 40 years. With nearly 13 years of experience working at Baldwin Park High School I have created and maintained relationships with many students that are now adults and have new families. Since 1999, 1 have actively served on the Recreation and Community Services Commission to aid in raising thousands of dollars for worthy Baldwin Park Students received as scholarships. Also, my direct involvement in the annual Turkey give away program food drive helped to feed many families in need. Lastly, my continued involvement in the annual posada has helped hundreds of Baldwin Park families make their Christmas with gifts & baskets. Date: Signature Notice. Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years and will be considered each time a vacancy occurs in the commission for which you have requested consideration of appointment. (D CD 'a CD E- E; 3 (D 0. C:) ID ,, M F o. 0 ':101 IED 0 b C. IE Cu > to 3 3 0 (D CD U) CD I CO 1 M w --I E: ii T 11 > z F- 'M4 x —= 0 tilt z T5 > > rn > > < co M Nk CD rn L-j co w m z L--j co ru 00 F\) rTI N Z'' Ln I= 3> 3Y 011 CD PO M CD Q '003 10 ^a FD M (D =;o ED z 17"Il 0, a) 0 r-I co M M 11111 � O 4z' CI) M M co Zi C3 m 4.1 M 0-0 (D CD 'a CD E- E; 3 (D 0. C:) ID ,, M F o. 0 ':101 IED 0 b C. IE Cu > to 3 3 0 (D CD U) CD I CO 1 M w --I E: ii T 11 > z F- 'M4 x —= 0 > z > > rn > > < co M CD L-j LU L--j co Ln Ln I= CD PO M3 CD Q M M E= 17"Il -D r-I co M M O M M C3 m M 0-0 o Ir 3 Ir L-j ED ru 0 3 M tn co L-j CD D- L--j CD =1 w ru (D CD 'a CD E- E; 3 (D 0. C:) ID ,, M F o. 0 ':101 IED 0 b C. IE Cu > to 3 3 0 (D CD U) CD I CO 1 PERSONAL INFORMATION: Name i^( I k� C?/ C °£ � R 101 13 Residence Address 3b,5 i M(' rta Ye N' (ll Ld 1A Q0 A �� � ° ���, 1 6 `TTY "OF BACI7yVtN Pz[FS K Length of time at this Address: E -mail address: (I ( Igj� c, C ,j''� 1 iCITY CLERK'S DEPARTMENT Home Phone No. - U Cell /Message Phone No. L% ���� Are you 18 years r)f agP Or ()[der? N- An /'1 Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appoint Ad official for any board and /or gency within City of Baldwin ParaL If yes, name of agency and position:�M EDUCATION: Circle Highest grade you completed: 1 2 3 4 3 d 7 S S 10 1 1�1 121 ugh School Graduate? G.E.D.? Name and Location of College or University Course of Study Degree t F"CW I` CLAL EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment wv (D' REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name, n Address Phone No. 03�� ' 0 IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. YOU BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? HAVE EVER If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon fili 's application becomes a public record. I certify under penalty of perj under th laws of th . ate of California that the foregoing is true and correct. 2 a222 Date Sfg6af6re Y. LZf3.1�1C3f{t%1I#e t3eIG+W #17i9, Ltne::i~t3T`C;ii USE':,tl Y Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Date Commission Requested: &1 STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. J 11 - I - law 4 Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. PERSONAL INFORMATION: Name '_ I Residence Address c f )0 i r Length of time at this Address: mail address:"�'/;"I a1 g -id xr >g > Home Phone No. � � Cell/Message Phone No. 1zL Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appoi . d official for any board grid pr agency within the City of Baldwin Park? / `°> If yes, name of agency and position: " EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 ? 3 9 10 11 High School Graduate? G.E.D a Name and Location of College or Universily Course of Study Degree E /tee EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Em to er s Position Title Dates of Employment da ILL1.0 LL, It REFERENCES: Please provide the names of two (a�) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, Name Address Phone No. 1 /�°`.�,F F. 3 - -- IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. J HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? / If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. g' Date Sig ,iture Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: 7 Nanle. "I,,/ kLI ) ). a Commission Requested • :ffOJ 11-14 1 a • Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: r""ure Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit our-rent proof of residency at the time of said recruitment Failure to provide current proof of residency with each recruitment will invalidate this application. PLEASE ATr, CITY OF BALDWIN PARK k cuRRNTCO (CATION FOR CITY COMMI�N�, " A UTILITY BILL AND � And p ' A COPY OF YOURt 'PHOTO ID N�-o TMMENT OF QUALIFICATIONS 1 r APPLICATION 14' "FOLLOWING COMMISSION: 1 !A separate app eation is required for each commission) PERSONAL INFORMATION: Length of time at this Address: E -mail address:, ���� A(' - � � 4 c Home Phone No -5 10� tt Cell /Message Phone No. ca i' > k �' Are you 18 years of age or older? ' Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: 1 Q Circle Highest grade you completed: i 2 3 4 5 6 7 8 3 10 11 �1 L High School Graduate? W`D ,D O.E.D.? U EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. N9a�.me Address Phone No. -,f�II to3s� IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? - If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under -malty of perju9q under the laws of the State of California that the foregoing is t �nd correct. n Date *nature Do'Not =Writei;Below this Llne= F.or Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires:_ Name Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: . -• N.. € . _ _ 'r-, - � a -, 0 n. — r a. it'.I s .r a r> - �.. r4" n.. _ ,� �.4 Yi _.?4' n - ,...,. .,„ s A di " ea V' — , k i, iq -., —,— _,.. i _`.@) ank ej - Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. 4 Vu � 4 T Y ti, �� l 1 a h r , ,r 4 � .F Ar E w IAA j iou s k 9 ACCOUNT NUMBER 033 617 5298 7' DATE MAILED May 3, 2013 Page 1 of 4 WA SERVICE FOR 24 Hour Service The 5 WILFREDO GARCIA 1-800- 427 -2200 English Company 15149 NAVILLA PL 1- 800 - 342 -4545 Espanol D BALDWIN PARK CA 91706 - 4427 1- 800 - 252 -0259 TTY A ' Sempra Energy utility H H .✓ wwwsocalgas.com kccount Summary DATE DUE May 23, 2013 mount of Last Bill $53.15 ayment Received 04/25/13 THANK YOU -53.15 AMOUNT DUE $54.02 urrent Charges +54.02 otal Amount Due $54.02 Gas Usage History (Total Therms used) .urrent Charges 70 - -- ate: GR - Residential Climate Zone: 1 Baseline Allowance: 50 Therms 42 -- eter Number: 05790698 (Next scheduled read date May 31 2013) Cycle: 21 i4 Current Previous n Ilin Pe, 4d, Days Reading - Reading = Difference x Billing Factor = Total Therms APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR 9 Y 9 9 9 tz is 1/01/13 05/01/13 30 2885 2832 53 1.022 54 Apr 12 Mar 13 Apr 13 Total Therms used 55 57 54 AS CHARGES Daily average Therms 1.9 1.8 1.8 Amount($) Days in billing cycle 29 31 30 ustomer Charge 30 Days x $.16438 4.93 ias Service (Details below) 54 Therms Baseline Over Baseline terms used 50 4 Iterrherm $.76220 $1.02250 large $38.11 +$4.09 = 42.20 Total Gas Charges $47.13 AXES & FEES ON GAS CHARGES Amount($) tate Regulatory Fee 54 Therms x $.00068 .04 ublic Purpose Surcharge 54 Therms x $.09777 5.28 aidwin Park City Users Tax $52.45 x 3.00% 1.57 Total Taxes and Fees on Gas Charges $6.89 Total Current Charges $54.02 .EASE KEEP THIS PORTION FOR YOUR RECORDS. (FAVOR DE GUARDAR ESTA PARTE PARA SUS REGISTROS.) ._.____________..__.__.______....._______.._______________ _______.._.__.____...______...- ______.._____.._..______. .EASE RETURN THIS PORTION WITH YOUR PAYMENT. (FAVOR DE DEVOLVER ESTA PARTE CON SU PAGO.) Save Paper & Postage PAY ONLINE The WvWv.socalgas.com Gas Company A Sempra Energy utility® 395.1.20.7182 1 AV 0.360 oz 0.610 r) "' IIIIIIIIir '���IIItIIllllll�'illl lll'Illllrrlrlllllllll'l�l�) WILFREDO GARCIA 15149 NAVILLA PL BALDWIN PARK CA 91706 -4427 ACCOUNT NUMBER 033 617 5298 7 Need help paying your SoCalGas bill? You may qualify for available assistance. Visit socalgas.com or call 1 -800- 427 -2200 The Gas Company's gas commodity cost per therm for your billing period: Apr ......... $.42962 DATE DUE May 23, 2013 N m rn AMOUNT DUE $54.02 Please enter amount enclosed. Write account number on check and make payable to The Gas Company. THE GAS COMPANY PO BOX C MONTEREY PARK CA 91756 -5111 APPLICATION IS FOR THE FOLLOWING COMMISSION: I (A separate application is required for each commission PERSONAL 11INFORMATION: Name Residence Address 1 "s; Length of time at this Address: E -mail Home Phone Cell /Message Phone No. (�27� z _t(1 33 Are you 18 years of age or older? V Are you registered to vote in the City of Baldwin Park? 1� Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: -- L -10 EDUCATION: t, Circle Highest grade you completed: 1 2 3 4 5 6 7rq 9 10 11 12 High School Graduate? Ao G.E.D.? EMPLOYMENT INFORMATION ! EXPERIENCE: -0 Name and Address of Em to er s Position Title I Dates of Employment W D6 I ij&rz1 _02_i u( <-L 948/,"x' !U %CtiOiCr REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No, Xz - 1 f .Zc - L- IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? 1% If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: Date Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under pe alty of perjury under the laws of the State of California that the foregoing is tru a tl co rect. Z Si n tore Voter Registration Verification: ❑ Yes ❑ No Appointment date: Term expires: My name is Alfredo Orozco and I have been a resident of Baldwin Park for 20 years. I have over 6 years experience serving as a parent and community leader on the Baldwin Park Resident Advisory Committee, and Baldwin Park Unified School District, District English Learners Advisory Committee for 6 years and volunteered for the Parent Booster Club at Tracey Elementary for 4 years. This past year, I ran to serve as a BPRAC Ambassador and my role was to support with organizing monthly meetings and facilitating monthly BPRAC community meetings at community facilities to engage other community members to improve walkability with the Complete Streets efforts and Healthy Selection Efforts in Baldwin Park. I enjoy getting other residents to participate in workshops to become informed about the amazing programs and services Baldwin Park has to offer and to help youth nartiCinatia in more programs ton. 1 am dory ppaSSinnate about our community -and Safety in nuir parks P' N-'- 11 b......., ,�,�—. —I community u.. ..moo. 1. My vision is for there to be more community safety and patrolling in our parks. For example in Morgan Park, there continue to be issues with men sitting around tables that make many kids and women feel uncomfortable to play or use the parks. 2. Develop more spaces for children to play football, baseball and volleyball. 3. Support a community campaign for park cleanliness and the end of drug use especially in the bathroom. 4. Support children and youth and adults to be more connected to the Recreation and Community Services Commissioners and meetings. I am very thankful for this opportunity and I look forward to sharing my experiences and ideas for a Healthy and safe Baldwin Park. Our community ideas need to be part of the solution and to be shared with the mayor, youth and residents. As a community, we can promote and improve our parks. Name j`- ; H (` -) ( Commission Requested: Rc -c-"" � j t P I :o I"j i STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: Sign ture Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. County Water District 'PIN I Valley 14521 Ramona Boulevard BALOVV|N PARK, CAQ17UG NAME/SERVICE ADDRESS ACCOUNTNUMBER_ BILLING PERIOD DUE ALrRED0 O8D%CO 201-04676-15 03/20/I3 to 05/2I/13 07/02/I3 13933 LOS ANGELES 8T #8 � METER 0O: 98421244 UNPAID BALANCE: $35.20 PREVIOUS READ: 1772 CURRENT READ: I787 SECOND NOTICE FEE: 2.80 CONSUMPTION: 15 DAYS IN BILLING CYCLE: 52 I TOTAL AMOUNT DUE: $37 .20 We are sending you this Second Notice because we have not received your payment. A $2.00 fee has been added to your account. To avoid additional charges and disconnection of service, please remit payment by the due date. If you have already made payment on this account, please disregard this notice. Thank you. Entamooenviandonsb*ovisopanuoomunioodmsquanohemonreob)dooupoQu.Un cargo de$2.O0hasidoaQoegadou suouento. Para evdar|od0000nexi6ndeauoen/icjoy cargos adicionelen. favor dehecereipagoon|afechadebdu.Si 24 HOUR EMERGENCY PHONE/ READINGS AND USAGE ARE (626) 330-7301 MEASURED }N CUBIC FEET 1 UNIT =1O0 CUBIC FEET =748GAL I. 1 , 1 • 1' JULY 17, 2013 7 ®00 PM P- A- > IC Manuel Lozano - Chair Monica Garcia - Vice Chair Marlen Garcia Ricardo Pacheco Susan Rubio - Board Member - Board Member - Board 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 COMENTARIOS DEL PUBLICO The public is encouraged to address the Finance Se invita al publico a dirigirse a la Agencia nombrada en esta Authority on any matter posted on the agenda or on any agenda, para hablar sobre cualquier asunto publicado en la other matter within its jurisdiction. If you wish to address agenda o cualquier tema que este bajo su jurisdiccion. Si usted the Board, you may do so during the PUBLIC desea la oportunidad de dirigirse a la Agencia, podra hacerlo COMMUNICATIONS period noted on the agenda. Each durante el periodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para convenience. su conveniencia. Any written ouhlic record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Authority less than 72 holurs poor to that meeting Kfiri be available for public inspection at City Hall in the City C1er k s office at 14403 E. Pacific Avenue, 3rd Floor daring normal business hours (ldonday - Thursday, 7 :30 a.rn. a. :Cg p.m) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Monica 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 acci6n en a1g6n 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 declaraci6nes 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 1. TREASURER'S REPORT: MAY 2013 Staff recommends that the Finance Authority receive and file the May 2013 Treasurer's Report. CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority 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 11th day of July, 2013. Alejandra Avila Secretary 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, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero(o)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) TO: Honorable Mayor and Members of the City Council Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Directo DATE: July 17, 2013 SUBJECT: Treasurer's Report: May 2013 I:211:1 The purpose of this report is to provide the Treasurer's Report for May 2013. BACKGROUND/DISCUSSION JUL 17 - #ME The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Report: May 2013 Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the May 2013 Treasurer's Report. ATTACHMENT 1. May 2013 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT May 31, 2013 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.25% Varies Housing Authority 0.25% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 27,251,93119 27,251,931.19 27,251,931.19 27,251,931.19 Varies 37,891.12 37,891.12 37,891.12 37,891.12 27,289,822.31 27, 289, 822.31 27,289, 822.31 27,289,822.31 Varies 2,049,473.83 2,049,473.83 2,049,473.83 2,049,473.83 Varies 3,564,269.25 3,564,269.25 3,564,269.25 3,564,269.25 $ 32,903,565.39 $ 32,903,565.39 5,613,743.08 $ 32,903,565.39 Total Investments $ 32,903,565.39 Cash City Checking 5,835,947.84 City Miscellaneous Cash 213,020.60 Comm. Develop. Comm. 0.00 Successor Agency 797,079.15 Housing Authority 303,331.41 Financing Authority O,OO Total Cash 7,1149,379.00 Total Cash and Investments S 40,052,944.39 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of May 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ne t six months that all investments are in compliance to the City's Statement of Investment Policy. Apprrod by: �, Finance Director O c JULY 17, 2013 7:00 PM Manuel Lozano - Chair Monica Garcia - Vice Chair Marlen Garcia - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any other matter within its jurisdiction. If you wish to address the Board, 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 pGblico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, pods hacerlo durante e/ periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a repu/ar meeting of the Housing Authority that is distributed to the City Council less than 72 hours prior to that meeting will be available ft.)Irpublic inspection of City Hail in the City Clerk's office at 14403 -. pacific Avenue, 3rd Floor during normal business hours (Monday l hursday, 7:30 a, m. - 0: 00 p. m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Marten Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit res (3) minutos sera el limite Para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSIO►v' special action may be taken on Thmatter legislative sbody or its staff may: 1) Briefly respond t statement made or specie! circumstances exist questions asked by persons; or 2) Direct staff to investigate andlor schedule matters for consideration at a future meeting. (Government Code §54954.2) ESTE ES EL PER/ODO DESIGNADO PARA DIR►G1RSE AL COMISION No se podra tomar acci6n en algun asunto a mends que sea incluido en la agenda, onat odran: 1) Responder algGna emergencia o circunstancia especial. El cuerpo legislativo y sup p brevemente a declaraci6nes o preguntas sch s por personas; 0 Gob�'r�or §54954.2] a investigar y/o fijar asuntos para tomar en consideracion en p CONSENT CALENDAR 1. TREASURER'S REPORT: MAY 2013 Staff recommends that the Finance Authority receive and file the May 2013 Treasurer's Report. 1, Alejandra Avila, Secretary under the laws of the State Hall bulletin board not less 2013. r� Alejandra Avila Secretary CERTIFICATION of the Housing Authority hereby certify under penalty of perjury of California, that the foregoing agenda was posted on the City than 72 hours prior to the meeting. Dated this 11th day of July, 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, 2 °d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero(o)baldwinpark. com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) • LLLLLL/ C � Im CITY OF BALDWIN PARK Honorable Mayor and Members of the Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Directo DATE: July 17, 2013 SUBJECT: Treasurer's Report: May 2013 PURPOSE STAFF REPORT Xf AGENDA The purpose of this report is to provide the Treasurer's Report for May 2013. BACKGROUND /DISCUSSION The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Report: May 2013 Page 2 FISCAL IMPACT None •2 Staff recommends that the City Council receive and file the May 2013 Treasurer's Report. ATTACHMENT May 2013 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT May 31, 2013 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 27,251,931.19 27,251,931.19 Agency Investment Fund 27,251,931.19 Varies City 0.25% Varies Housing Authority 0.25% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 27,251,931.19 27,251,931.19 27,251,931.19 27,251,931.19 Varies 37,891.12 37,891.12 37,891.12 37,891.12 27, 289, 822.31 27, 289, 822.31 27,289, 822.31 27,289,822.31 Varies 2,049,473.83 2,049,473.83 2,049,473.83 2,049,473.83 Varies 3,564,269.25 3,564,269.25 3,564,269.25 3,564,269.25 $ 32,903,565.39 $ 32,903,565.39 5,613,743.08 $ 32,903,565.39 Total Investments $ 32,903,565.39 Cash City Checking 5,835;947:84 City Miscellaneous Cash 213,020.60 Comm. Develop. Comm. 0.00 Successor Agency 797,079.15 Housing Authority 303,331.41 Financing Authority 0.00 Total Cash 7,149,379.00 Total Cash and Investments $ 40,052,944.39 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of May 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ne t six months that all investments are in compliance to the City's Statement of Investment Policy. Appr9od by: "I' Inter{f4"i Finance Director