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06.01.22 Staff Report
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, June 1, 2022 at 5:00 PM. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Posted: May 26, 2022. i Ern J. . Estrada Mayor NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of June 1, 2022. �mh#,l Marlen Garc' City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 June 1, 2022 5:00 PM Audio Streaming will be available at. htt s://www.youtube.com/channel/UCFLZO dDFRi 59rhiDZ13F_q/featured?view as=subscriber http.-Abaldwinpark.granicus.comNiewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at. https://www.youtube.cam/channel/UC3bPFB1HcoPlks1Xget GcA pLp � HUE OF .,., !•., ' `` p� ,:. :THE ;. V ?� SAN,. Ado E L a 00 RaT DJ AS" Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tem Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se in vita 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. In accordance with Chapter 39 of the De acuerdo con el capitulo 39 del Codigo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio como una sola entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reunion. meeting. CITY COUNCIL SPECIAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algCjn asunto a menos que sea incluido en la agenda, o a menos que exista a1gC1na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on June 1, 2022 to commenisLy,baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSION/STUDY SESSION • Fiscal Year 2022123 Proposed Budget Discussion Presented by Director of Finance Rose Tam ADJOURNMENT CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of June 1, 2022. '�?A �'�^""`'' Marlen Gar to City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mailLmorales@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) BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 June 1, 2022 11 PM Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZO dDFR�y59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.comlViewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at: https:llwww.voutube.com/channel/UC3bPFBIHcoPIksIXAetmGcA 200 ` V A L L EY "_, 01fo o' 7`"D .IA00�' Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tem Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquier 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 para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que este bajo su In accordance with Chapter 39 of the jurisdiccion. De acuerdo con el capitulo 39 del Baldwin Park Municipal Code, Speakers Codigo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concilio como refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reunion. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council M embers: Alejandra A vila, M onica G arcia, Paul C . Hernandez, M ayor P ro Tem Daniel D amian, a Ind M ayor E mmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Emergency Drought Regulations Update Presented by Jose Martinez, VCWD General Manager • Mark Daniels Music Foundation Scholarship Recipients Presented to Deidre Barragan, SVHS Flute and Lizzy Taborada, SVHS Vocal • Pride Month Proclamation Presented to the Caballero Family and Ralph Galvan, Board Director of Valley County Water District 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 ac tion may be t aken on a m atter unl ess it is listed on t he ag enda, or unless c ertain em ergency or special circumstances e xist. T he legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESiGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. EI 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 consideracidn en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on June 1, 2022 to commentsL&baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff r ecommends t hat t he C ity C ouncil r atify t he attached Warrants an d D emands Register. 2. Approval of Resolution No. 2022-025 Calling of a General Municipal Election to be held on T uesday, N ovember 8, 2022, a nd R equest A pproval f rom t he B oard o f Supervisors of the County of Los Angeles to Consolidate the General Municipal Election with the Statewide General Election Staff recommends that the City Council: 1. Adopt Resolution No. 2022-025 entitled, "A Resolution of the City Council of the City of B aldwin P ark, C alifornia, R equesting t he Board of S upervisors of t he C ounty of Los Angeles to Order the Consolidation of a General Municipal Election to be H eld on November 8, 2022 with the Statewide General Election to be held in the County of Los Angeles the same Day and Authorize the Board of Supervisors of the County of Los A ngeles t o C anvass t he R eturns of said G eneral M unicipal E lection; and Request that the Registrar-Recorder/County Clerk of said County be Permitted to Render E lection S ervices t o t he C ity of B aldwin P ark R elating t o t he E lection Services t o t he C ity of B aldwin Park R elating t o t he C onduct of s aid G eneral Municipal Election Pursuant to California Elections Pursuant to California Elections Code Sections Code Section 10403"; and 2. Authorize the D irector of F inance to allocate a n amount not to exceed $200,000 based on the County's cost estimate for FY 2022/23; and 3. Authorize the Director of Finance to approve any budget amendments should they be necessary. 3. Approval of R esolution N o. 2 022-026 Affirming t he C reation of a n A d H oc Committee an d C onfirming t he S election o f i is O fficers t o t he S takeholders Advisory Committee (SAC) Staff r ecommends t hat the C ity Council a dopt R esolution N o. 2 022-026 entitled, " A Resolution of t he C ity C ouncil of t he City of B aldwin P ark C alifornia, A pproving t he Formation of the Stakeholders Ad Hoc Committee and Confirming the Selection of its Officers". 4. Accept P tans an d S pecifications and Award f or C ity Project N o. C IP 19-41 S an Gabriel River Commuter Bikeway Trail Project Staff recommends that the City Council: 1. Approve and award the contract to All American Asphalt Company, Corona, CA in the amount of $985,312.00; and 2. Authorize the Director of Public Works to approve the proposal from I nfrastructure Engineers (IE) i n the amount of $68,972.00 for the Construction Management and Inspection Services; and 3. Authorize t he D irector of F inance t o appropriate B icycle and Pedestrian Safety (TDA) Fund #243 in the amount of $130,245.00 and Proposition C Fund #245 in the amount of $140,562.50; and 4. Authorize the Mayor and City Clerk to execute the contract for the San Gabriel River Commuter Bikeway Project. City Council Agenda Page 3 5. Adoption of Resolution No. 2022-027 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2022-23 Project List to be Funded by Senate Bill 1 (SB 1) — the Road Repair and Accountability Act" Staff recommends that the City Council: 1. Adopt Resolution N o. 20 22-027, "A Resolution of the C ity C ouncil of the C ity of Baldwin Park, California, Adopting the Fiscal Year 2022-23 Project List to be Funded by Senate Bill 1 (SB1) — the Road Repair and Accountability Act"; and 2. Authorize the Finance Director to appropriate projected FY 2022-23 SB1 funds in the amount of $1,730,913; and 3. Authorize t he D irector of P ublic Works t o f ile n ecessary doc umentation to s atisfy SB1 funding requirements and act as the signature authority. 6. Accept C onstruction I mprovements an d Authorize t he Fi Iling of a N otice of Completion for C ity P roject, C IP 20-115 Citywide E nergy Efficiency I mprovement Project Staff recommends that City Council: 1. Accept the c onstruction i mprovements by T anko Streetlighting, I nc. and au thorize the recordation of a Notice of Completion for City Project No. CIP 20-115; and 2. Authorize t he r elease of r etention f ands i n t he a mount o f $19,142.84 to T ANKO Streetlighting, Inc. upon the expiration of 35 -day notice period. 7. Approve C ontract w ith LR S A udio t o P rovide Stage, A udio & Li ghting f or t he Downtown Street Market Staff recommends that the City Council: 1. Approve the Contract with LRS Audio in the amount $65,020; and 2. Authorize Director of Recreation & Community Services to execute the agreement and any associated documents; and 3. Authorize t he D irector of F inance t o appropriate f unding and make n ecessary changes to the budget. PUBLIC HEARING 8. Public Hearing a nd Adoption of R esolution N o. 2 022-028, O rdering t he Assessments f or the C itywide La ndscaping a nd Li ghting M aintenance Assessment District for FY 2022-2023 Staff recommends that Council hold a Public Hearing, and after considering testimony, adopt Resolution No. 2022-028, entitled "A Resolution of The City Council of The City of Baldwin P ark, C alifornia, O rdering t he A nnual L evy and C ollection of A ssessment Associated w ith C itywide Landscaping an d Lighting M aintenance Assessment D istrict for FY2022-2023, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." 9. Public H earing and A doption of R esolution N o. 2 022-029, O rdering t he Assessments for the Citywide Park Maintenance District for FY 2022-2023 Staff r ecommends that t he C ouncil hol d a P ublic H earing and of ter c onsidering testimony, adopt Resolution No. 2022-029 entitled "A Resolution of The City Council of The C ity of B aldwin Park, C alifornia, O rdering t he A nnual Lev y and C ollection of Assessment A ssociated w ith t he C itywide Park M aintenance A ssessment D istrict f or FY2022-2023, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." City Council Agenda Page 4 10.A R equest t o t he City C ouncil f rom t he P lanning C ommission to A pprove Development Agreement 19-03 to Allow the Construction of a Double -Faced LED Digital, B illboard ( Location: 1 529 Virginia A venue; A pplicant: La mar, of Los Angeles; Case Numbers: DA 19-03) Staff recommends that the City Council: 1. Adopt Resolution 20 22-030 entitled, "A RE SOLUTION OF T HE P LANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY CO UNCIL T O A PPROVE ( 1) A N INITIAL STUDY AND M ITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AG REEMENT 1 9-03 T O P ERMIT T HE C ONSTRUCTION A DOUBLE-FACED L ED DI GITAL B ILLBOARD W (THIN T HE 1 -C, I NDUSTRIAL- COMMERCIAL ZONE. (LOCATION: 1529 VIRGINIA AVENUE, APN: 8558-032-018 APPLICANT: LAMAR OF LOS ANGELES. CASE NUMBER: DA 19-03)"; and 2. Hold a Public Hearing and after considering testimony, Introduce for first reading, by title only, Ordinance entitled, "AN ORDINANCE O F THE Cl TY CO UNCIL O F THE CITY O F B ALDWIN PARK AUTHORIZING T HE Cl TY O F B ALDWIN P ARK T O ENTER INTO A DEVELOPMENT AGREEMENT WITH LAMAR OF LOS ANGELES FOR THE APPROVAL O F A TO ALLOW THE CONSTRUCTION OF A DOUBLE- FACED L ED D IGITAL, BILLBOARD STRUCTURE AT T HE R EAL PR OPERTY LOCATED AT 1529 VIRGINIA AVENUE ALONG THE 1-10 FREEWAY WITHIN THE CITY OF BALDWIN PARK". REPORTS OF OFFICERS 11. Authorization to Accept Budget Allocation from Los Angeles Homeless Services Authority (LAHSA) for Operational Funding at Garvey Family Bridge Housing Site and C onsideration f or A pproval of t he D raft S ite La yout P Ian a nd S chematic Design Staff recommends that the City Council: 1. Authorize t o accept a bud get allocation o f up t o $8 21,250 f rom LAHSA f or t he operations at Garvey Family Bridge Housing; and 2. Approve initial draft proposed site layout plan and schematic design; and 3. Authorize the Director of Public Works to move the project into the development phase and to coordinate with various entities in all elements as necessary to complete the construction improvements; and 4. Authorize the D irector of Recreation and Community Services to submit notice to receive budget al location t o L AHSA and ex ecute a ny n ecessary doc uments associated with the funding allocation; and 5. Authorize t he D irector of F inance t o appropriate f unding and make n ecessary changes to the budget. CITY CO UNCIL / CITY CL ERK / Cl TY TREASURER / STAFF R EQUESTS & COMMUNICATION Request by Mayor Emmanuel J. Estrada • Mayor Estrada requests Council consideration and direction to implement a pilot program in conjunction with the BPUSD to offer domestic violence educational courses to high school students utilizing ARPA community funds. City Council Agenda Page 5 Request by Mayor Pro Tem Daniel Damian Mayor P ro T em D amian r equests Council c onsideration a nd di rection t o c reate a pilot program i n partnership w ith Oath to C ountry F oundation that p romotes neighborhood beautification efforts. The program will focus on serving senior veterans, disabled veterans, widowed s pouses of veterans a nd s eniors w ho ar e h aving di fficulty maintaining t heir homes/properties. The pilot program will utilize $25,000 from ARPA funds and serve up to 6 homes over a 12 month -period; and Mayor Pro Tem Damian requests Council discussion and direction for staff to coordinate the c ity's e ffort in reinforcing the us a of safe an d s ane f ireworks and i nforming the community o f t he dangers and f ines as sociated w ith i Ilegal us es of ex plosives. This informative campaign should be publicized via a press release, poster board messages on bus shelters, public works construction boards, park marquees, all social media outlets, flyers distributed and placed in key locations and on our city's website. Additionally, direct staff to advertise the City of Baldwin Parks' 4th of JU ly Spectacular event i n collaboration with the Baldwin Park Unified School District scheduled to be held on Saturday, July 2nd at the Sierra Vista High School Field. Request by Council Member Paul C. Hernandez Over the last few months, the Baldwin Park Police Department has recovered several of guns during their normal course of operation. The nation and neighboring cities have seen mass shooting events in the month of May. Council M ember H ernandez r equests C ouncil d iscussion and di rection on or ganizing a gun -purchasing pr ogram t o r educe the number of f irearms o n our s treets and h ost t his event at a regional level alongside our neighboring cities; and Council Member Hernandez requests the Baldwin Park Police Chief provide a briefing on school security in partnership with Baldwin Park Unified School District and ways to help reduce serious crimes in and around our local schools. ADJOURNMENT CERTIFICATION I, M arlen G arcia, City Clerk of t he C ity of B aldwin P ark h ereby c ertify t hat, under p enalty o f 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 26th day of May 2022. ,* ftik Marlen Garcia City Clerk For f urther i nformation r egarding agenda i tems, please contact the of fice of t he C ity Clerk a t (626) 960-4011 ex t. 466 or v is e-mail at Imorales&baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: June 1, 2022 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $620,382.16 and the attached General Warrants Register was $1,155,958.45 for a total amount of $ $1,776,340.61. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: The last payroll of the City of Baldwin Park consists of check numbers 201403 to 201415 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 32988 to 33228 for the period May 1, 2022 through May 14, 2022 inclusive; these are presented and hereby ratified in the amount of $620,382.16. 2. General Warrants, with the bank drafts in the amount of $444,829.27 and checks from 236193 to 236414 in the amount of $711,129.18 for the period of May 5, 2022 to May 19, 2022, inclusive; in the total amount of $1,155,958.45 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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O ,F, to �t ��nrn�o,rn�rnrnrnrnrnrn�rnrnc� m F� wrn e �� rn oFl, rno�mFnl rnrnrnrnrnrnrn�rn� G o� a� aw�w� a ova a ow ava aw a awao � n o n o nGGG�G� ", ��yy O O O G] O O tl O tl d d 0 0 a Q a P p O a a 0 0 0 0 0 0 0 0 0 p a 0 a 0 0 p 0 0 0 0 0 0 0 0 0 0 0 a a O tl a O d a O © 0 0 0 0 0 0 0 0 p o 0 0 0 0 0 0 o p o 0 0 0 o O p o o p o 0 o a o 0 0 0 0 0 0 o P a W+ n Q Q Q Q Q 0 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ci n �i Q n Q g Q R �-) 5 5 Q 5 o Q 5 Q rx N [0 SUMMARY ITEM NO. 2 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk Enrique C. Zaldivar, Chief Executive Officer DATE: June 1, 2022 SUBJECT: Approval of Resolution No. 2022-025 Calling of a General Municipal Election to be held on Tuesday, November 8, 2022, and Request Approval from the Board of Supervisors of the County of Los Angeles to Consolidate the General Municipal Election with the Statewide General Election This report is to request adoption of a specific Resolution relative to the General Municipal Election to be held on November 8, 2022. RECOMMENDATION Staff recommends that the City Council: 1. Adopt Resolution No. 2022-025 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO ORDER THE COSOLIDATION OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES THE SAME DAY AND AUTHORIZE THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND REQUEST THAT THE REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO RENDER ELECTION SERVICES TO THE CITY OF BALDWIN PARK RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403"; and 2. Authorize the Director of Finance to allocate an amount not to exceed $200,000 based on the County's cost estimate for FY 2022/23; and 3. Authorize the Director of Finance to approve any budget amendments should they be necessary. FISCAL IMPACT The estimated cost to conduct the election is $163,488. The estimated cost has been submitted to Finance in an amount not to exceed $200,000 under account #100-10-120-5110-11535 include in the FY 2022-23 budget. If additional funds are needed, staff will submit a budget amendment accordingly. BACKGROUND Prior to all General Municipal Elections, General Law Cities must approve and adopt certain resolutions in order to proceed with conducting a municipal election. Resolution No. 2020-025 gives call and notice of the City's intent to hold a General Municipal Election. In accordance with the Resolution and Election Code, a Notice of Election will be posted to announce the offices to be voted upon, the date of the election, and the hours during which the polls will be open on Election Day and provides for a request to the Board of Supervisors of the County of Los Angeles, and the Los Angeles County Registrar-Recorder/County Clerk, seeking the consolidation of Baldwin Park's General Municipal Election with the County's General Election to be held on November 8, 2022. The Resolution also authorizes the County's Election Department to canvass the returns and provide that the City will reimburse the County for costs incurred by reason of this consolidation. ALTERNATIVES There are no alternatives. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2020-025 RESOLUTION NO. 2020-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO ORDER THE COSOLIDATION OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES THE SAME DAY AND AUTHORIZE THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND REQUEST THAT THE REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO RENDER ELECTION SERVICES TO THE CITY OF BALDWIN PARK RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 WHEREAS, a General Municipal Election has been called by the City of Baldwin Park to be held in the City of Baldwin Park on November 8, 2022; and WHEREAS, a statewide General Election to be held in the County of Los Angeles has been or will be called to be held on November 8, 2022, and WHEREAS, it is desired, pursuant to the authority found in California Elections Code Section 10403, to consolidate said General Municipal Election with said Statewide General Election to be held in the County of Los Angeles. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Supervisors of the County of Los Angeles is hereby respectfully requested to order the consolidation of said General Municipal Election to be held on November 8, 2022, with the Statewide General Election to be held in the County of Los Angeles on November 8, 2022. Section 2. The Board of Supervisors of the County of Los Angeles is hereby further respectfully requested to place upon the same ballot as that provided for said Statewide General Election to be held in the County of Los Angeles on November 8, 2022, the names of the candidates for the office of: One (1) Mayoral - Full Term Two (2) Members of the City Council - Full Term One (1) City Clerk — Full Term One (1) City Treasurer - Full Term To be submitted to the electors of the City of Baldwin Park at said General Municipal Election. Section 3. The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to canvass the returns of said General Municipal Election. Section 4. The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to authorize and permit the Registrar- Recorder/County Clerk of the County of Los Angeles to: a) Print and supply ballots for said City of Baldwin Park General Municipal Election; and b) Mail the City's sample ballots and candidate statements of qualifications to the electors of the City of Baldwin Park as part of the same material that will be mailed to the voters of the Statewide General Election to be held in the County of Los Angeles; and c) Perform such other services as may be required for the consolidation and conduct of said City of Baldwin Park General Municipal Election with said Statewide General Election to be held in the County of Los Angeles. Section 5. The vote centers for the election shall be open as required during the identified voting period pursuant to California Elections Code sections 4007 and 14401. Section 6. The City shall reimburse the County of Los Angeles in full for the services performed on behalf of the City upon the presentation of a bill by the County. Section 7. The City Clerk is hereby directed to deliver a certified copy of this resolution to the Board of Supervisors of the County of Los Angeles and to transmit an electronic copy to the Board of Supervisors and the Registrar-Recorder/County Clerk of the County of Los Angeles. Section 8. This Resolution shall become effective immediately upon its approval. Section 9. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED this 1St day of June, 2022. Emmanuel J. Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-025 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 1, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Marlen Garcia City Clerk SUMMARY ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk Enrique C. Zaldivar, Chief Executive Officer DATE: June 1, 2022 SUBJECT: Approval of Resolution No. 2022-026 Affirming the Creation an Ad Hoc Committee and Confirming the Selection of its Officers to the Stakeholders Advisory Committee (SAC) This report requests approval from the City Council to create an advisory Ad Hoc Committee and affirm its officers for the purpose of engaging community input on potential revenue uses. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-026 entitled, "A Resolution of the City Council of the City of Baldwin Park California, Approving the Formation of the Sales Tax Proposal Stakeholders Ad Hoc Advisory Committee and Confirming the Selection of its Members and Officers" FISCAL IMPACT There is no fiscal impact associated with this report. BACKGROUND On April 6, 2022, the Baldwin Park City Council provided direction to City staff to engage the community in public meetings for the purpose of reviewing potential revenue ideas and allocating funding in the best interest of the community. As a formality, staff is recommending that the committee establish certain roles to better facilitate meeting decorum and identify the roles of its officers. The officers' roles include the Chair, Vice Chair, and Secretary as follows: - The Chair shall be responsible for managing the periodic meetings and leading the proceedings. - The Vice Chair shall be responsible for performing the duties of the Chair in his or her absence. - The Secretary shall be responsible for note taking and tracking projects. Each position will be held no later than January 1, 2023, or until the project has been completed. Given that the Committee is advisory in nature, it is not subject to the Brown Act Proceedings. The Office of the CEO will coordinate and provide support to the SAC. ALTERNATIVES The City Council may provide alternative recommendation to City staff. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2020-026 2. List of SAC Committee Members and Officers RESOLUTION NO. 2020-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE FORMATION OF THE SALES TAX PROPOSAL STAKEHOLDERS AD HOC ADVISORY COMMITTEE AND CONFIRMING THE SELECTION OF ITS WHEREAS, the City of Baldwin Park recognizes its obligation to lead a community conversation about potential revenue ideas and uses; and WHEREAS, the City of Baldwin Park desires to establish an Ad Hoc Committee composed of 8 members and 10 alternates, and WHEREAS, this Committee shall discharge its oversight duties by meeting periodically to review city policies, practices and procedures with a primary focus on reviewing potential revenue streams and identifying the allocation of said funds in the best interest of the community; and WHEREAS, the Committee shall provide a progress report to City Staff/City Council intermittently of their findings; and WHEREAS, Committee members and alternates have been selected to fulfill the aforementioned specific purpose along with the Chair, Vice Chair, and Secretary. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The Committee Members shall consist of Mayor Pro Tem Daniel Damian, Pastor Elmer Jackson, BPUSD Superintendent Froilan N. Mendoza, Recreation and Community Services Commissioner Cecelia Bernal, Elin Garcia, Gustavo Cuadra, John Rios, and Martin Hernandez. Section 2. The Committee Alternates shall consist of Jerry Briseno, VCWD Board Member Jazmin Lopez, Planning Commissioner Erik Pena, Reverent Paul A. Flores, Recreation and Community Services Commissioner Roman Rodriguez, Jorge &Victoria Hernandez, and Greg & Connie Orozco. Section 3. The Officers shall be Chair Daniel Damian, Vice Chair Cecelia Bernal, and Secretary Elin Garcia. Section 4. This Resolution shall become effective immediately upon its approval. Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED this 1St day of June, 2022. Emmanuel J. Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-026 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 1, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Marlen Garcia City Clerk Daniel Damian Committee Chair Mayor Pro Jerry Briseno Business La Cocinita Tem Owner/Resident Restaurant City of Baldwin Park Pastor Elmer Pastor Christ Jazmin Lopez Boardmember Valley County Jackson Extended President Water District Hand Ministry Froilan N. Mendoza Superintendent BPUSD Erik Pena Commissioner Planning Cecelia Bernal Committee Vice- Commissioner Rev. Paul A. Flores Pastor Church of the Chair of Redeemer Recreation & Community Services Elin Garcia Committee Account Roman Rodriguez Commissioner Recreation & Secretary Manager Community Services Allan Company Gustavo Cuadra Resident/Risk City of LA Jorge & Victoria Residents Senior Center Manager Office of the Hernandez Members CAO John Rios Resident/Community City of Baldwin Greg & Connie Tuff Kidz City of Baldwin Advocate Park Orozco Wrestling Club Park Martin Hernandez Business Owner Guadalajara Grill ITEM NO. 4 TO: Honorable Mayor and City Council Members FROM: Sam Gutierrez, Director of Public Works DATE: June 1, 2021 SUBJECT: Accept Plans and Specifications and Award of Bid for City Project No. CIP 19-41 San Gabriel River Commuter Bikeway Trail Project SUMMARY This item will accept plans and specifications and authorize the award of a construction contract for the San Gabriel River Commuter Bikeway Project, in an amount of $1,152,815.20. This project is listed in the current budget Fiscal Year 2021-22 Capital Improvement Program (CIP 19-41). The project consists of constructing a Class 1 Bikeway along the San Gabriel River from Ramona Boulevard to the Walnut Creek Wash and connection to Walnut Creek Nature Park. Phase 1 will include all paving along the bikeway trail and improvements to all bikeway connections to proposed trail such as ADA ramp and sidewalk enhancements. The Project will also include bicycle and pedestrian improvements with the installation of highly visibility crosswalks, and street site furniture such as benches, trash receptacles and bicycle racks, as well as water fountains for pedestrians and cyclists. RECOMMENDATION Staff recommends that the City Council: 1. Approve and award the contract to All American Asphalt Company, Corona, CA in the amount of $985,312.00. 2. Authorize the Director of Public Works to approve the proposal from Infrastructure Engineers (IE) in the amount of $68,972.00 for the Construction Management and Inspection Services; and 3. Authorize the Director of Finance to appropriate Bicycle and Pedestrian Safety (TDA) Fund #243 in the amount of $130,245.00 and Proposition C Fund #245 in the amount of $140,562.50; and 4. Authorize the Mayor and City Clerk to execute the contract for the San Gabriel River Commuter Bikeway Project. FISCAL IMPACT There is no impact to the General Fund. The following table lists the funds available for CIP 19- 41 project which is listed in FY2021-22. Additional appropriations from TDA and Prop C will be necessary to meet budget as shown below: Approved Funds Amount CIP 19-41 San Gabriel River Commuter Bikeway Trail Project TDA — Fund # 243-50-520-58100-15538 $19,305.70 Pro C — Fund # 245-50-520-58100-15538 $478,957.00 MTA — Fund # 270-50-520-58100-15538 $383,745.00 Requested Appropriations TDA — Fund # 243-50-520-58100-15538 $130,245.00 Pro C — Fund # 245-50-520-58100-15538 $140,562.50 Total Funding $1,152,815.20 Estimated Construction Costs Amount Construction Contract $985,312.00 Construction Contingency 10% $98,531.20 Construction Management and Inspection Services $68,972.00 Total Construction Budget $1,152,815.20 BACKGROUND As part of the 2009 Call for Projects, Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and construction of approximately 2.5 miles of a Class I shared -use bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing to Baldwin Park Boulevard. The proposed commuter bikeway path traverses jurisdictional boundaries controlled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD) and The California Department of Transportation (Caltrans). On April 4, 2016, the Public Works Director executed a Task Order for design services under the current On -Call Engineering Services Contract. The Task Order included preparation of the Plans, Specifications and Estimate (PS&E) bid set. However, before construction commences the City must obtain environmental clearance and have the proper permits and maintenance agreements in place with the various jurisdictional agencies. Additionally, the City's construction contractor will need to have a Storm Water Pollution Prevention Plan approved by the Los Angeles Regional Water Board. On October 5, 2016, A supplemental Task Order was approved by Council. The task included the preparation of the Storm Water Pollution Prevention Plan and obtaining the Permits and Maintenance agreements required by the Los Angeles County Flood Control District and Caltrans. The environmental component will be prepared and submitted by City Staff and has been removed from the scope of the Task Order. In January 2019, final design plans were submitted to Los Angeles County Flood Control District, Caltrans, and U.S. Army Corps of Engineers, among other agencies for approvals to obtain encroachment permits for the construction of the bikeway. As part of the permit conditions by the Los Angeles County to use the right-of-way, a routine maintenance agreement needs to be in place for the issuance of the encroachment permit to construct, use, and maintain the bikeway by the City. On June 19, 2019, City Council approved a Use Agreement with the County of Los Angeles for the Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway in Exchange for the use of county right of way. With this milestone completed, final design plans were submitted. At the time of this report the city has received email notification from Los Angeles County of Public Works indicating that the review of plans and studies have been completed and the next steps will be for the county to sign the construction permit and provide to the city. The San Gabriel River Trail Project once completed, will serve as viable local and regional Class I bike and pedestrian trail that will connect to Walnut Creek Nature Park and provide future pathway connection to Hilda L. Solis Park. The project will improve the viability of regional public transit, and opportunities for active transportation uses, such as biking and walking that will contribute to GHG reduction and provide additional public health benefits. The project will also support all active transportation modes, increase community interaction, in turn increasing community value, and conserving resources. DISCUSSION On May 3, 2022, a total of five (5) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received: The lowest responsive and responsible bid was from All American Asphalt of Corona, CA. The lowest bid, however, exceeded the budgeted amount for the project. A reduction of scope in the amount of $718,652.00 was negotiated with the contractor to bring the project within budget. This was achieved by removing the following bid items: removal of existing fence and gate, the installation of new fence and/or split gate with locking plunger, installation of metal hand railing, and the installation of chain link fencing with posts and grounding for SCE transmission towers. Notwithstanding, the removal of negotiated items, the lowest bidder remained the same. These improvements will be included in Phase 2 of the project. If awarded, the project will be awarded for the negotiated amount of $985,312.00. Staff has checked and verified references and recommends that the City Council move forward with the award of contract with All American Asphalt for this project. LEGAL REVIEW Reviewed and Approved ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids, and re -bid the project. This action is not recommended as re -bidding the project will delay the work and may result in increased costs. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject San Gabriel River Commuter Bikeway Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ATTACHMENTS 1. Contract agreement with All American Asphalt. 2. Proposal from Infrastructure Engineers for construction management and inspection 3. Final Bid Summary results (Revised) Tpa d Amount 1 All American Asphalt Corona, CA $ 1,703,964.00 2 Access Pacific Pasadena, CA $ 1,791,997.36 3 Palp, Inc. DBA Excel Paving Long Beach, CA $ 1,872,737.10 4 Hardy and Harper, Inc. Lake Forest, CA $ 2,200,000.00 5 C.S. Legacy Construction Walnut, Ca $ 2,364,996.23 The lowest responsive and responsible bid was from All American Asphalt of Corona, CA. The lowest bid, however, exceeded the budgeted amount for the project. A reduction of scope in the amount of $718,652.00 was negotiated with the contractor to bring the project within budget. This was achieved by removing the following bid items: removal of existing fence and gate, the installation of new fence and/or split gate with locking plunger, installation of metal hand railing, and the installation of chain link fencing with posts and grounding for SCE transmission towers. Notwithstanding, the removal of negotiated items, the lowest bidder remained the same. These improvements will be included in Phase 2 of the project. If awarded, the project will be awarded for the negotiated amount of $985,312.00. Staff has checked and verified references and recommends that the City Council move forward with the award of contract with All American Asphalt for this project. LEGAL REVIEW Reviewed and Approved ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids, and re -bid the project. This action is not recommended as re -bidding the project will delay the work and may result in increased costs. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject San Gabriel River Commuter Bikeway Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ATTACHMENTS 1. Contract agreement with All American Asphalt. 2. Proposal from Infrastructure Engineers for construction management and inspection 3. Final Bid Summary results (Revised) Section C CONTRACT DOCUMENTS CONTRACT SERVICE AGREEMENT FOR CITY PROJECT BID NO. 2017-0209 CIP 19-41 — SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 1st day of June , 2022 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and All American Asphalt (herein "Contractor"). The parties hereto agree as follows: RECITALS A. City requires work as listed on Bid Schedule on pages B-3 to B-5 of the Specifications for the San Gabriel River Commuter Bikeway Project. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services — In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract — This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub -contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Informati6n, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. C-1 1.3 Compliance with Law — All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments — Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractors performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub -contractors' compliance with this Section. 1.5 Familiarity with Work — By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work — The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties — Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub -contractors to comply with the provisions of this agreement. 1.8 Additional Services — City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (I) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be C-2 approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements — Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A through C' and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A through C' and any other provisions of this Agreement, the provisions of Exhibit "A through C" shall govern. 1.10 Prevailing Wages Laws — In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. Additional Prevailing Wage Sections — The following Labor Code sections are made a part of the contract and will be applicable to the work to be done: 1. Section 1775 PENALTY FOR FAILURE TO COMPLY WITH PREVAILING WAGE RATES 2. Section 1777.4 APPRENTICESHIP REQUIREMENTS 3. Section 1777.5 APPRENTICESHIP REQUIREMENTS C-3 2. COMPENSATION 2.1 Contract Sum — For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of nine hundred eighty five thousand three hundred and twelve ($ 985,312.00 ) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence—Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance — Contractor shall commence the services pursuant to this Agreement upon receipt of a written Notice To Proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure — The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term — Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. C-4 4. COORDINATION OFWORK 4.1 Representative of Contractor — The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: All American Asphalt • PO Box 2229 Corona, CA 92878 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer — The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment — The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor — Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub -contractors, agents or employees, performs 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, sub -contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent C-5 contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work — Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation — City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations — Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance 'with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. lR 5 . INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance — The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: Coverage (Check if applicable) Minimum Limits Comprehensive General Liability Insurance $1,000,000 per occurrence (X) (including premises and operations) combined single limit Contractual Liability Insurance Products Liability $1,000,000 limit () Insurance Comprehensive Automobile Liability Insurance $1,000,000 per occurrence (X) (includes owned, non -owned, and hired combined single limit automobile hazard Professional Liability Insurance (providing for a $1,000,000 limit ( ) one year discovery period) Workers' Compensation/Employers' Statutory $1,000,000 per (X) Liability Insurance occurrence CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City C-7 may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub -contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub -contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification — Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', sub -contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party, to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' C-8 fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub -contractors. 5.3 Labor and Materials, Performance and Warranty Bonds — Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety — Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. C-9 6. RECORDS AND REPORTS 6.1 Reports — Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records — Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents — All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub -contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub -contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENTOFAGREEMENT 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 Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes — In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not C-10 reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds — Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 7.4 Waiver — No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative — Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action — In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages — Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall C-1 1 pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor — If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees — If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be, entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non -liability of City Officers and Employees — No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest — The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 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 this Agreement. To the extent required by law, 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. 9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication C-12 either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: City Engineer To Contractor: All American Asphalt PO Box 2229 Corona, CA 92878 Edward J. Carlson, Vice President 9.2 Interpretation — The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment— It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability — In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Undocumented Workers Prohibited — Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims — In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub -contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to C-13 the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 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. 9.8 Legal Responsibilities — The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. 9.9 Termination for Convenience — The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement. C-14 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: By. Edward J. Carlson By: Michael Farkas (PrintName)(Print Name) Signature: Signature: Title: Vice PresidentTitle: Secretary: PO Box 2229, Corona, CA 92878 PO Box 2229, Corona, Q 9"2878 Address: Address;. CITY OF BALDWIN PARK, a municipal corporation By: Emmanuel J. Estrada; MAYOR ATTEST`. APPROVED AS TO FORM; By: City Clerk City Attorney C-15 INFRASTRUCTURE REQUEST FOR SERVICES EE NGINEERS till~ 1k.}ik<(CI/S}}}„,U33333i�?.hiSa.}ka..}}2�}1\�\1`z4`VGU33.EF5555>Y..ti Z1a1}kSitF{U3333333333333m...0%%%%%/t•,)Sly:S't(£444SC(S«F„„tititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititU/}4.,.Z2}55}}}}�yti„1}}}}}}yyyyyyyyyy�y}y}>n5-y�'lh\".x}nSFl))}1ktiCi}lkt"a}}}1y4.ti.\a3 ~kik 4: FSC\'11l\\1l\'.t�}1�41r..'.'�.1.. "`\��V. City of Baldwin Park TO: Sam Gutierrez, Director of Public Works DATE: May 18, 2022 FROM: Farzad Dorrani, MS, Chief Operating Officer SUBJECT: San Gabriel River Bikeway Project - Construction Management and Inspection Services Acct. No.: Type of Project: ®Public Works ❑Community Development ❑Traffic ❑ Park and Rec. Description of Request: The scope of service will include providing construction management and inspection for the above project. Task 1 - Construction Management and Inspection will be per attachment "A" for the public improvements for the City proiect CIP 19-41, collectively known as the San Gabriel Bikeway Protect. Infrastructure Engineers' fee for above services is $68,972 based on the City's requested percentages of the construction cost of $985,312 (as shown in the attachment "A") provided by the City and as indicated below: 1. Construction Management & Inspection (7%) $ 68,972 This RFS is for the above tasks onlv and does not include anv other tasks related to the oroiect which is not listed herewith including material testing and additional days after the 90 working days indicated in attachment "A" by the City. A separate RFS shall be prepared for any additional tasks or additional construction management and inspection hours needed. for Citv's To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion Project Manager: Ninety (90) Construction Working Days Miguel Hernandez Estimated Cost of Services: $68,972 r't 5/18/2022 Farzad Dorrani, MS, Chief Operating Officer Date APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works Date N:\10_Business Development\RFSs\Baldwin Park\2022 RFS\BP-2021-RFS002-San Gabriel ikeway Project CM & Inspection-05-18-22.docx Page 1 of 2 REQUEST FOR SERVICES 44*INFRASTRUCTURE 1 ENGINEERS till~ 1k.}ik<(CI/S}}}„,U33333i�?.hiSa.}ka..}}2�}1\�\1`z4`VGU33.EF5555>Y..ti Z1a1}kSitF{U3333333333333m...0%%%%%/t•,)Sly:S't(£444SC(S«F„„tititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititititU/}4.,.Z2}55}}}}�yti„1}}}}}}yyyyyyyyyy�y}y}>n5-y�'lh\".x}nSFl))}1ktiCi}lkt"a}}}1y4.ti.\a3 ~kik 4: FSC\'11l\\1l\'.t�}1�41r..'.'�.1.. "`\��V. Attachment "A" N:\10_Business Development\RFSs\Baldwin Park\2022 RFS\BP-2021-RFS002-San Gabriel ikeway Project CM & Inspection-05-18-22.docx Page 2 of 2 5/18/2021 SUBJECT: REQUEST FOR SERVICES- FOR CONSTRUCTION CM/ INSPECTION SERVICES FOR THE CITY PROJECT CIP 19-41, SAN GABRIEL RIVER COMMUTER BIKEWAY TRAIL PROJECT, PHASE 1 Background San Gabriel Reiver Commuter Bikeway Project: The project consists of constructing a Class 1 Bikeway along the San Gabriel River from Ramona Boulevard to the Walnut Creek Wash and connection to Walnut Creek Nature Park. Phase 1 will include all paving along the bikeway trail and improvements to all bikeway connections to proposed trail such as ADA ramp and sidewalk enhancements. The Project will also include bicycle and pedestrian improvements with the installation of highly visibility crosswalks, and street site furniture such as benches, trash receptacles and bicycle racks, as well as water fountains for pedestrians and cyclists. As part of Phase 2, the bikeway trail will include landscaping and irrigation improvements throughout the entire trail. The San Gabriel River Trail Project once completed, will serve as viable local and regional Class I bike and pedestrian trail that will connect to Walnut Creek Nature Park and provide future pathway connection to Hilda L. Solis Park. The project will improve the viability of regional public transit, and opportunities for active transportation uses, such as biking and walking that will contribute to GHG reduction and provide additional public health benefits. The project will also support all active transportation modes, increase community interaction, in turn increasing community value, and conserving resources. Construction Management/inspection cost: Percentage of the total construction cost per current agreement: The request hours for this task order is for hybrid CM/inspection services comprised of 6 hours per day for a period of 90 working days. This will include approximately 4 hours for inspection and 2 hours for CM. The total construction cost: $ 985,312.00 Page 2 RFS- Rev 1 Overall Project Objectives and Deliverables Construction Administration. Inspection and Testing Services CONSULTANT shall identify tasks for construction administration and inspection services and shall take into consideration the following items: Coordinate and conduct meetings, including notifications to the contractor, utility agencies, street sweeping service and trash collection service. Prepare the meeting agenda and minutes. 2. Provide inspection/CM services for the projects on a daily basis comprised of 6 hours per day for 90 working days overseeing mobilization, demobilization, traffic control installation and public notification process. Provide daily quality control and inspection services during construction. a Provide landscape architecture inspection services during construction, plant establishment period and maintenance period, if necessary. 4. Address any public complaints or concerns received. 5. Review and make recommendations for approval of submittals and approve said submittals. 6. Coordinate with the design team regarding any design concerns and changes. 7. Review and address contractor's RFI's. 8. Review contractor certified payrolls. 9. Assist in the preparation of contract change orders. Negotiate change orders with contractor. Keep track of change orders and overall costs and approved budget of the project including contingency. 10. Prepare daily inspection logs which include the names of all construction workers on the project site, total hours worked on a daily basis for each employee, and the identification of each piece of equipment on the project site for each working day. Daily reports shall be submitted on a weekly basis and include progress and photo documentation by stages. All photos shall be submitted in digital format. All reports and picture must be saved in a shared drive created by the City. 11. Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. Page 3 RFS- Rev 1 12. Re-establish Centerline Monuments and prepare Corner Records (this task will be the responsibility of the contractor; however the CM Consultant will be responsible for reviewing the submittal prior to County recordation). 13. Verify construction staking to reflect the design shown on the plans. 14. Ensure that staking is done per contract specifications and at critical points (BC's, EC's, angle points and grade breaks) along centerlines as needed. 15. Inspect and approve layout of the critical tie-in points and for the limits of removal of existing asphalt and PCC improvements. 16. Review and approve as -built record plans and submit to the City at the end of the project. Submit a final report to the city. 17. Coordinate with the appropriate utility agencies, LA County, Army Corps, Flood Control, Caltrans and cities to ensure that all areas of potential conflicts are diligently addressed early in the construction phase and work with City staff to obtain all necessary permits from the appropriate third- party utilities and/or public agencies where required. 18. Conduct meetings with city and other agencies to address any requirements for all construction related to the scope of this project. 19. Any additional related construction management and inspection services as specified as part of the on-call engineering professional services agreement approved February 7, 2018. FepLD`"'� City of Baldwin Park THE a a U F CIP 19-41 _ •. 3AN,GTxaRIEL c San Gabriel River Commuter Bikeway Project �q�RnJ£o �aN�P ryy. Bid Results 1 2 s 4 s City Project No. 2017-0209 All American Asphalt Access Pacific PAP, Inc., OBA Excel Hardy 8 Harper, Inc. C.S Legacy Construction, Inc. CIP 19-41 - San Gabriel River Commuter P,O, Box 2229 2835 Sierra Grande St. 2230 Lemon Ave. 32 Ranch Circle 675 area Canyon Rd. Ste 8 Bikeway Project Corona:, CA 92878 Pasadena,. CA 91107 Long Beach, CA 90806 Lake Forest, CA 92630 Walnut, CA 91789 Estimated License NO. License NO. License NO. License NO, 215962 License NO. 826870 ITEM NO. Work Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price To[ai Uni[Price To[al 1 Construction Surveying and Staking LS 1 $ 33,000.00 $ 33,000.00 $ 39,000.00 $ 39,000.00 $ 35,000.00 $ 35,000.00 $ 60,000.00 $ 60,000.00 $ 49,315.44 $ 49,315.44 2 Traffic Control LS 1 $24,000 $ 24,000.00 $ 65,000.00 $ 65,000.00 $28,000 $ 28,000.00 5200,000 $ 200,000.00 $53,941 $ 53,940.82 3 Scarification and Compaction LS 1 $ 34,000.00 $ 34,000.00 $ 52,000.00 $ 52,000.00 $ 50,000.00 $ 50,000.00 $ 75,000.00 $ 75,000.00 $164,714.74 $ 164,714.74 4 Clearing and Grubbing LS 1 $ 19,200.00 $ 19,200.00 $ 91,000.00 $ 91,000.00 $ 10,000.00 $ 10,000.00 $ 314,349.00 $ 314,349.00 $ 30.860.73 $ 30,860.73 5 Trim Bushes/Vegetation LS 1 $ 10,500.00 $ 10,500.00 $ 13,520.00 $ 13,520.00 $ 12,000.00 $ 12,000.00 $ 30.000.00 $ 30.000.00 $ 11,850.51 $ 11,850.51 6 Sawcut and Remove Existing Driveway Approach SF 899 $ 14.00 $ 12,586.00 $ 5.20 $ 4,674.80 $ 7.00 $ 6,293.00 $ 10.00 $ 8,990.00 $ 7.47 $ 6,715.53 7 Sawcut and Remove Existing AC and/or PCC Pavement CY 439 $ 250.00 $ 109,750.00 $ 247.00 $ 108,433.00 $ 182.00 $ 79,898.00 $ 200.00 $ 87,800.00 $ 283.92 $ 124,640.88 8 Sawcut and Remove Existing Concrete Sidewalk SF 78 $ 9.50 $ 741.00 $ 13.00 $ 1,014.00 $ 3.00 $ 234.00 $ 15.00 $ 1,170.00 $ 15.12 $ 1,179.36 9 Remove Wood Chips and Mulch LS 1 $ 10,450.00 $ 10,450.00 $ 13,000.00 $ 13,000.00 $ 7,500.00 $ 7,500.00 $ 1,000.00 $ 1,000.00 $ 3,703.28 $ 3 703.28 10 Sawcut and Remove Existing Concrete Curb and Gutter LF 14 $ 105.00 $ 1,470.00 $ 39.00 $ 546.00 $ 40.00 $ 560.00 $ 75.00 $ 1,050.00 $ 84.13 $ 1,177.82 11 Cold Mill Existing Asphalt Concrete (AC) Pavement SF 4,047 $ 3.00 $ 12,141.00 $ 2.18 $ 8,822.46 $ 2.30 $ 9,308.10 $ 3.00 $ 12,141.00 $ 1.23 $ 4,977.81 12 Unclassified Excavation CY 3 $ 736.00 $ 2,208.00 $ 390.00 $ 1,170.00 $ 250.00 $ 750.00 $ 500.00 $ 1,500.00 $ 796.78 $ 2,390.34 15 Construct 4'Wide Longitudinal Gutter SF 1,100 $ 14.00 $ 15,400.00 $ 84.50 $ 92,950.00 $ 38.00 $ 41,800.00 $ 50.00 $ 55,000.00 $ 40.56 $ 44,616.00 16 Construct Concrete Curb and LF 23 $ 130.00 $ 2,990.00 $ 97.50 $ 2,242.50 $ 160.00 $ 3,680.00 $ 130.00 $ 2,990.00 $ 229.01 $ 5,267.23 Gutter (Type A2-8) 18 Construct Curb Drain EA 1 $ 7,100.00 $ 7,100.00 $ 32,500.00 $ 32,500.00 $ 1,300.00 $ 1,300.00 $ 7,000.00 $ 7,000.00 $ 8,023.79 $ 8,023.79 19 Construct 6" Thick Driveway Approach SF 821 $ 25.00 $ 20,525.00 $ 18.20 $ 14,942.20 $ 15.00 $ 12,315.00 $ 25.00 $ 20,525.00 $ 29.60 $ 24,301.60 20 Construct 6" Thick Concrete Sidewalk SF 376 $ 26.00 $ 9,776.00 $ 13.00 $ 4,888.00 $ 15.00 $ 5,640.00 $ 25.00 $ 9,400.00 $ 24.50 S 9,212.00 21 Construct 4" Thick Concrete Sidewalk SF 287 $ 20.00 $ 5,740.00 $ 11.70 $ 3,357.90 $ 11.00 $ 3,157.00 $ 20.00 $ 5,740.00 $ 22.72 $ 6,520.64 22 Construct 1.5" Thick Hot Mix Asphalt Type A (PG 64-10) TON 37 $ 241.00 $ 8,917.00 $ 260.00 $ 9,620.00 $ 132.00 $ 4,884.00 $ 170.00 $ 6,290.00 $ 118.51 $ 4,384.87 23 Construct 6" Thick Hot Mix Asphalt Type A (PG 64-10) TON 300 $ 158.00 $ 47 400.00 $ 260.00 $ 78,000.00 $ 130.00 $ 39,000.00 $ 170.00 $ 51,000.00 $ 198.74 $ 59,622.00 24 Construct 6" Thick Lean Concrete Base (LCB) CY 153 $ 366.00 $ 55,998.00 $ 260.00 $ 39,780.00 $ 570.00 $ 87,210.00 $ 700.00 $ 107,`100.00 $ 1,110.99 $ 169,981.47 Provide and Place 4" Thick 25 Crushed Aggregate Base TON 222 $ 78.00 $ 17,316.00 $ 58.50 $ 12,987.00 $ 182.00 $ 40,404.00 $ 135.00 $ 29,970.00 $ 160.27 $ 35,579.94 (CAB) Class 3 26 Construct C2Thick Asphalt Concrete (C2 -PG 64-16) TON 818 $ 132.00 $ 107,976.00 $ 156.00 $ 127,608.00 $ 118.00 $ 96,524.00 $ 170.00 $ 139,060.00 $ 198.74 $ 162,569.32 27 Construct 4" Thick Asphalt Concrete (C2 -PG 64-16) TON 1,830 $ 132.00 $ 241,560.00 $ 156.00 $ 285,480.00 $ 113.00 $ 206,790.00 $ 170.00 $ 311,100.00 $ 171.59 $ 314,00970 28 Construct 6" Thick Asphalt Concrete (C3 -PG 64-16) TON 143 $ 243.00 $ 34,749.00 $ 156.00 $ 22,308.00 $ 133.00 $ 19,019.00 $ 170.00 $ 24,310.00 $ 198.74 $ 28,419.82 Provide and Place 6" Thick 29 Crushed Miscellaneous Base TON 162 $ 54.00 $ 8,748.00 $ 65.00 $ 10,530.00 $ 134.00 $ 21,708.00 $ 135.00 $ 21,870.00 $ 204.58 $ 33,141.96 (CMB) 30 Construct 6" Thick Concrete Pavement SF 1,583 $ 10.00 $ 15,830.00 $ 13.00 $ 20,579.00 $ 18.00 $ 28,494.00 $ 25.00 $ 39,575.00 $ 23.41 $ 37,058.03 Construct 4" Thick 31 Decomposed Granite Shoulder TON 24 $ 274.00 $ 6,576.00 $ 292.50 $ 7,020.00 $ 240.00 $ 5,760.00 $ 350.00 $ 8,400.00 $ 619.53 $ 14,868.72 Adjust Existing Storm 32 Drain/Sewer/Utility Manhole Frame and Cover to Finished EA 1 $ 1,050.00 $ 1,050.00 $ 1,950.00 $ 1,950.00 $ 3,100.00 $ 3,100.00 $ 3,000.00 $ 3,000.00 $ 5,554.93 $ 5,554.93 Grade Adjust Existing Water Meter 33 Box and Cover to Finish EA 1 $ 1,050.00 $ 1,050.00 $ 975.00 $ 975.00 $ 700.00 $ 700.00 $ 1,500.00 $ 1,500.00 $ 3,086.07 $ 3,086.07 Grade 34 Adjust Existing Water Valve and Cover to Finished Grade EA 4 $ 1,050.00 $ 4,200.00 $ 975.00 $ 3,900.00 $ 550.00 $ 2,200.00 $ 1,500.00 $ 6,000.00 $ 3,086.07 $ 12,344.28 35 Construct Concrete Steps LS 1 $ 4,000.00 $ 4,000.00 $ 1,300.00 $ 1,300.00 $ 1,200.00 $ 1,200.00 $ 7,000.00 $ 7,000.00 $ 6,172.15 $ 6,172.15 36 Relocate Existing Sign and EA 1 $ 365.00 $ 365.00 $ 455.00 $ 455.00 $ 550.00 $ 550.00 $ 500.00 $ 500.00 $ 432.05 $ 432.05 Post IN 38 Traffic Striping, Signage, Marking and Curb Painting 11 LS no= 1 $ 54,000.00 $ 54,000.00 $ 66,722.50 $ 66,722.50 $ 60,000.00 $ 60,000.00 $ 75,000.00 $ 75,000.00 $ 63,357.07 $ 63,357.07 39 Erosion Control and BMPs LS 1 $ 39,000.00 $ 39,000.00 $131,937.00 $ 131,937.00 $155,000.00 $ 155,000.00 $ 50.000.00 $ 50.000.00 $ 82,523.58 $ 82,523.58 Provide Soil and Pavement 40 Testing Services as Directed LS 1 $ 5,000.00 $ 5,000.00 $ 65,000.00 $ 65,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 80,237.89 $ 80,237.89 by City Engineer TOTAL $ 985,312.00 1; 1,435,212.36 $ 1,084,978.10 $ 1,780,330.00 1; 1,866,752.37 ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 1, 2022 SUBJECT: Adoption of Resolution No. 2022-027, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2022-23 Project List to be Funded by Senate Bill 1 (SB1) — the Road Repair and Accountability Act" SUMMARY Approval of Resolution No. 2022-027 will adopt and incorporate a projects improvement list in conformance with Senate Bill 1 (SB 1) - The Roads Repair and Accountability Act of 2017 (RMRA) for FY 2022-23. RECOMMENDATION Staff recommends that the City Council: 1. Adopt Resolution No. 2022-027, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2022-23 Project List to be Funded by Senate Bill 1 (SB1) — the Road Repair and Accountability Act"; and 2. Authorize the Finance Director to appropriate projected FY 2022-23 SB1 funds in the amount of $1,730,913; and 3. Authorize the Director of Public Works to file necessary documentation to satisfy SB1 funding requirements and act as the signature authority. FISCAL IMPACT In order to receive an apportionment, the City is required to annually expend from its General Fund in the amount of $289,950 for street, road, and highway purposes per the maintenance of effort (MOE) requirement of the Streets and Highways Code. The following is the projected funds for FY 2022-23: Funding Source Amount S131 — Road Repair and Accountability Act Projected FY 2022-23 Funds $ 1,730,913 Total Funds $ 1,730,913 BACKGROUND On April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1, known as the Road Repair and Accountability Act of 2017. SB 1 was created to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets road system. Funding for the program is administered by the California Transportation Committee (CTC) and the State of California Controllers Office (SCO). S131 emphasizes the importance of accountability and transparency in the delivery of transportation programs. Therefore, to be eligible for funding, cities and counties must annually provide basic project reporting to the CTC for projects anticipated to utilize RMRA funds. On December 6, 2017, the CTC adopted an initial report of cities and counties eligible to receive funds. DISCUSSION Current fund estimates indicate that the City of Baldwin Park will be eligible to receive approximately $1,730,913 in FY 2022-23. To be eligible to receive RMRA funding, the City must prepare and submit a project list annually to the CTC by July 1St of 2022. The City must also provide a public record which documents that the proposed projects have been adopted in the operating or capital budget. To ensure that the City of Baldwin Park remains eligible to receive RMRA funds for FY 2022-23, Staff has identified two (2) projects to submit by the July 1, 2022, deadline. The projects for FY 2022-23 funding have been identified as follows: 1. Pacific Ave Corridor Improvements. Work includes the construction the Pacific Ave Corridor between Ramona Blvd and Bogart Avenue to accommodate complete streets, and green street components including installation of bicycle lanes, rain gardens and street rehabilitation. The street segment will tie into the proposed improvements for the Bogart Ave Quiet zone Project and the recent downtown improvements on Ramona Blvd. Improvements include reconstruction of portions of the street structural section including sub -surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk, construction of accessible pedestrian ramps and major curb/gutter repairs. The project will also include traffic improvements such as new high visibility crosswalk and a new traffic signal or hawk system installation for pedestrians crossing Pacific Ave from City Hall to proposed Park and Civic Plaza. 2. Various Streets Improvement Project. Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Report. The improvements include reconstruction of portions of the street structural section including sub -surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk and driveways, construction of accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St., and Central Ave. from Downing Ave. to Stichman Ave. ALTERNATIVES 1. The City Council may choose not to approve Resolution No. 2022-027 and thereby relinquishing its allocation of RMRA funding. This action is not recommended as the City may risk losing an estimated $21.5 million over the next 10 years. This funding is needed to bring necessary and critical street and road improvements to the City's road network. 2. Provide Staff with Alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-027 Resolution NO. 2022-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA TO ADOPT THE FISCAL YEAR 2022-23 PROJECT LIST TO BE FUNDED BY SENATE BILL 1 (SB1) — THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,730,913 in RMRA funding in Fiscal Year 2022-23 from SB 1; and WHEREAS, this is the 6th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities (the project list); and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 3 streets/roads, add active transportation infrastructure throughout the City this year and other similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an "good" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "excellent" condition; and Whereas, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system provides well -paying construction jobs and boosts local economies; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co -benefits statewide. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: The City Council of the City of Baldwin Park, California: Section 1. The foregoing recitals are true and correct. Section 2. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues: 1. Pacific Ave Corridor Project: Work includes the construction the Pacific Ave Corridor between Ramona Blvd and Bogart Avenue to accommodate complete streets, and green street components including a road diet reducing the road from 4 lanes to 3 lanes. The street segment will tie into the proposed improvements for the Bogart Ave Quiet zone Project and the recent downtown improvements on Ramona Blvd. Improvements include reconstruction of portions of the street structural section including sub- surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk, construction of accessible pedestrian ramps and major curb/gutter repairs. The project will also include traffic improvements such as new high visibility crosswalk and a new traffic signal or hawk system installation for pedestrians crossing Pacific Ave from City Hall to proposed Park and Civic Plaza. • The project is estimated to start in 10/22 and be completed by 3/23. • The estimated project useful life is 25 years. 2. Various Streets Improvement Project: Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Report. The improvements include reconstruction of portions of the street structural section including sub -surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk and driveways, construction of accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St., and Central Ave. from Downing Ave. to Stichman Ave. • The project is estimated to start in 3/23 and be completed by 6/23. • The estimated project useful life is over 50 years. Section 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: 3. Foster Drainage Improvements: Work includes the construction of drainage improvements along Foster Avenue at the Metrolink rail crossing, including the installation of underground storm water chamber and rain gardens and the construction of asphalt concrete (AC) pavement sections, sidewalk and driveways, accessible pedestrian ramps and major curb/gutter repairs. The project is on Foster Avenue from Maine Ave to Metrolink rail crossing and from Metrolink rail crossing to Vineland Ave. • The project is estimated to start in 7/22 and be completed by 11/22. • The estimated project useful life is 25 years. PASSED, APPROVED, AND ADOPTED this 1St of June 2022. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-027 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 1, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK S131 — Road Repair and Accountability Act Fiscal Year 2022-2023 Proiect List No Project Description Location' Schedule Usefu 1 Life Section 2 - New Proposed Projects for FY22-23 Funding Pacific Ave Corridor Project. Work includes the construction the Pacific Ave Corridor between Ramona Blvd and Bogart Avenue to accommodate complete streets, and green street components including a road diet reducing the road from 4 lanes to 3 lanes. The street segment will tie into the proposed improvements for the Pacific Bogart Ave Quiet zone Project and the recent downtown Ave improvements on Ramona Blvd. Improvements include from October 25 reconstruction of portions of the street structural section including Ramona sub -surface preparation, subgrade and constructing aggregate Blvd to 2022 yrs. base and asphalt concrete (AC) pavement sections, construction Bogart of sidewalk, construction of accessible pedestrian ramps and major curb/gutter repairs. The project will also include traffic Ave improvements such as new high visibility crosswalk and a new traffic signal or hawk system installation for pedestrians crossing Pacific Ave from City Hall to proposed Park and Civic Plaza. Various Streets Improvement Project. Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Report.+ The improvements include reconstruction of portions of the street Various structural section including sub -surface preparation, subgrade and ' March 25 constructing aggregate base and asphalt concrete (AC) pavement Location 2023 yrs. sections, construction of sidewalk and driveways, construction of s accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St. and Central Ave. from Downing Ave. to 5tichrnan Ave. Section 3 - Previously Proposed and Approved Projects for FY22-23 Funding Foster Drainage Improvements: Work includes the construction of Foster drainage improvements along Foster Avenue at the Metrolink rail Avenue crossing, including the installation of underground storm water from chamber and rain gardens and the construction of asphalt concrete July 50 3 (AC) pavement sections, sidewalk and driveways, accessible Maine 2022 Y ears pedestrian ramps, and major curb/gutter repairs. The project is on Ave to Foster Avenue from Maine Ave to Metrolink rail crossing and from Vinelan Metrolink rail crossing to Vineland Ave d Ave ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 1, 2022 SUBJECT: Adoption of Resolution No. 2022-027, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2022-23 Project List to be Funded by Senate Bill 1 (SB1) — the Road Repair and Accountability Act" SUMMARY Approval of Resolution No. 2022-027 will adopt and incorporate a projects improvement list in conformance with Senate Bill 1 (SB 1) - The Roads Repair and Accountability Act of 2017 (RMRA) for FY 2022-23. RECOMMENDATION Staff recommends that the City Council: 1. Adopt Resolution No. 2022-027, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2022-23 Project List to be Funded by Senate Bill 1 (SB1) — the Road Repair and Accountability Act"; and 2. Authorize the Finance Director to appropriate projected FY 2022-23 SB1 funds in the amount of $1,730,913; and 3. Authorize the Director of Public Works to file necessary documentation to satisfy SB1 funding requirements and act as the signature authority. FISCAL IMPACT In order to receive an apportionment, the City is required to annually expend from its General Fund in the amount of $289,950 for street, road, and highway purposes per the maintenance of effort (MOE) requirement of the Streets and Highways Code. The following is the projected funds for FY 2022-23: Funding Source Amount S131 — Road Repair and Accountability Act Projected FY 2022-23 Funds $ 1,730,913 Total Funds $ 1,730,913 BACKGROUND On April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1, known as the Road Repair and Accountability Act of 2017. SB 1 was created to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets road system. Funding for the program is administered by the California Transportation Committee (CTC) and the State of California Controllers Office (SCO). S131 emphasizes the importance of accountability and transparency in the delivery of transportation programs. Therefore, to be eligible for funding, cities and counties must annually provide basic project reporting to the CTC for projects anticipated to utilize RMRA funds. On December 6, 2017, the CTC adopted an initial report of cities and counties eligible to receive funds. DISCUSSION Current fund estimates indicate that the City of Baldwin Park will be eligible to receive approximately $1,730,913 in FY 2022-23. To be eligible to receive RMRA funding, the City must prepare and submit a project list annually to the CTC by July 1St of 2022. The City must also provide a public record which documents that the proposed projects have been adopted in the operating or capital budget. To ensure that the City of Baldwin Park remains eligible to receive RMRA funds for FY 2022-23, Staff has identified two (2) projects to submit by the July 1, 2022, deadline. The projects for FY 2022-23 funding have been identified as follows: 1. Pacific Ave Corridor Improvements. Work includes the construction the Pacific Ave Corridor between Ramona Blvd and Bogart Avenue to accommodate complete streets, and green street components including installation of bicycle lanes, rain gardens and street rehabilitation. The street segment will tie into the proposed improvements for the Bogart Ave Quiet zone Project and the recent downtown improvements on Ramona Blvd. Improvements include reconstruction of portions of the street structural section including sub -surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk, construction of accessible pedestrian ramps and major curb/gutter repairs. The project will also include traffic improvements such as new high visibility crosswalk and a new traffic signal or hawk system installation for pedestrians crossing Pacific Ave from City Hall to proposed Park and Civic Plaza. 2. Various Streets Improvement Project. Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Report. The improvements include reconstruction of portions of the street structural section including sub -surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk and driveways, construction of accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St., and Central Ave. from Downing Ave. to Stichman Ave. ALTERNATIVES 1. The City Council may choose not to approve Resolution No. 2022-027 and thereby relinquishing its allocation of RMRA funding. This action is not recommended as the City may risk losing an estimated $21.5 million over the next 10 years. This funding is needed to bring necessary and critical street and road improvements to the City's road network. 2. Provide Staff with Alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-027 Resolution NO. 2022-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA TO ADOPT THE FISCAL YEAR 2022-23 PROJECT LIST TO BE FUNDED BY SENATE BILL 1 (SB1) — THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,730,913 in RMRA funding in Fiscal Year 2022-23 from SB 1; and WHEREAS, this is the 6th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities (the project list); and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 3 streets/roads, add active transportation infrastructure throughout the City this year and other similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an "good" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "excellent" condition; and Whereas, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system provides well -paying construction jobs and boosts local economies; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co -benefits statewide. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: The City Council of the City of Baldwin Park, California: Section 1. The foregoing recitals are true and correct. Section 2. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues: 1. Pacific Ave Corridor Project: Work includes the construction the Pacific Ave Corridor between Ramona Blvd and Bogart Avenue to accommodate complete streets, and green street components including a road diet reducing the road from 4 lanes to 3 lanes. The street segment will tie into the proposed improvements for the Bogart Ave Quiet zone Project and the recent downtown improvements on Ramona Blvd. Improvements include reconstruction of portions of the street structural section including sub- surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk, construction of accessible pedestrian ramps and major curb/gutter repairs. The project will also include traffic improvements such as new high visibility crosswalk and a new traffic signal or hawk system installation for pedestrians crossing Pacific Ave from City Hall to proposed Park and Civic Plaza. • The project is estimated to start in 10/22 and be completed by 3/23. • The estimated project useful life is 25 years. 2. Various Streets Improvement Project: Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Report. The improvements include reconstruction of portions of the street structural section including sub -surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk and driveways, construction of accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St., and Central Ave. from Downing Ave. to Stichman Ave. • The project is estimated to start in 3/23 and be completed by 6/23. • The estimated project useful life is over 50 years. Section 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: 3. Foster Drainage Improvements: Work includes the construction of drainage improvements along Foster Avenue at the Metrolink rail crossing, including the installation of underground storm water chamber and rain gardens and the construction of asphalt concrete (AC) pavement sections, sidewalk and driveways, accessible pedestrian ramps and major curb/gutter repairs. The project is on Foster Avenue from Maine Ave to Metrolink rail crossing and from Metrolink rail crossing to Vineland Ave. • The project is estimated to start in 7/22 and be completed by 11/22. • The estimated project useful life is 25 years. PASSED, APPROVED, AND ADOPTED this 1St of June 2022. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-027 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 1, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK S131 — Road Repair and Accountability Act Fiscal Year 2022-2023 Proiect List No Project Description Location' Schedule Usefu 1 Life Section 2 - New Proposed Projects for FY22-23 Funding Pacific Ave Corridor Project. Work includes the construction the Pacific Ave Corridor between Ramona Blvd and Bogart Avenue to accommodate complete streets, and green street components including a road diet reducing the road from 4 lanes to 3 lanes. The street segment will tie into the proposed improvements for the Pacific Bogart Ave Quiet zone Project and the recent downtown Ave improvements on Ramona Blvd. Improvements include from October 25 reconstruction of portions of the street structural section including Ramona sub -surface preparation, subgrade and constructing aggregate Blvd to 2022 yrs. base and asphalt concrete (AC) pavement sections, construction Bogart of sidewalk, construction of accessible pedestrian ramps and major curb/gutter repairs. The project will also include traffic Ave improvements such as new high visibility crosswalk and a new traffic signal or hawk system installation for pedestrians crossing Pacific Ave from City Hall to proposed Park and Civic Plaza. Various Streets Improvement Project. Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Report.+ The improvements include reconstruction of portions of the street Various structural section including sub -surface preparation, subgrade and ' March 25 constructing aggregate base and asphalt concrete (AC) pavement Location 2023 yrs. sections, construction of sidewalk and driveways, construction of s accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St. and Central Ave. from Downing Ave. to 5tichrnan Ave. Section 3 - Previously Proposed and Approved Projects for FY22-23 Funding Foster Drainage Improvements: Work includes the construction of Foster drainage improvements along Foster Avenue at the Metrolink rail Avenue crossing, including the installation of underground storm water from chamber and rain gardens and the construction of asphalt concrete July 50 3 (AC) pavement sections, sidewalk and driveways, accessible Maine 2022 Y ears pedestrian ramps, and major curb/gutter repairs. The project is on Ave to Foster Avenue from Maine Ave to Metrolink rail crossing and from Vinelan Metrolink rail crossing to Vineland Ave d Ave ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 1, 2022 SUBJECT: Accept Construction Improvements and Authorize the Filing of a Notice of Completion for City Project, CIP 20-115 Citywide Energy Efficiency Improvements Project SUMMARY This report seeks City Council consideration for the acceptance of construction improvements completed as part of City Project, CIP No. 20-115. This item will close the construction contract and authorize the filing of a Notice of Completion (NOC) with the LA County Recorder's Office. The completed work includes the replacement of City -owned incandescent streetlights and traffic signal lights with energy efficient LED fixtures. The project also included the placement of identifiable bar code tags and GIS mapping of City -owned streetlight poles. RECOMMENDATION Staff recommends that the City Council: 1. Accept the construction improvements by Tanko Streetlighting, Inc. and authorize the recordation of a Notice of Completion for City Project No. CIP 20-115; and 2. Authorize the release of retention funds in the amount of $19,142.84 to TANKO Streetlighting, Inc. upon the expiration of 35 -day notice period. FISCAL IMPACT There is no impact to the General Fund. The total FY2021-22 approved CIP budget for the project is $421,290.00. Total construction cost was $382,856.72. The total unspent funds are $38,433.28 from the approved budget. Approved Funds Amount CIP 20-115 Future Development Fund — Acct. # 200-50-520-58100-15755 $421,290.00 Total construction expenditures $382,856.72 Unspent Funds $38,433.28 BACKGROUND On June 20, 2016, the city entered into an agreement with Southern California Edison (SCE) to replace the existing Edison -owned streetlighting fixtures serving the City of Baldwin Park with LED fixtures to achieve additional energy savings. As part of the project, Edison replaced over 2,500 fixtures bringing significant electricity and operations savings. This project, however, did not replace fixtures on any City -owned streetlight poles, which remained, incandescently powered. On April 15, 2020, the City Council awarded an energy efficiency contract to Tanko Streetlighting, Inc. for the replacement of the remaining incandescent City -owned streetlights, traffic signal and traffic safety light fixtures. The improvements, when completed, would replace all remaining existing streetlight fixtures with LED fixtures to bring the streetlight infrastructure network to 100 percent LED technology which will continue to build on energy savings on top of the savings from the previous project. As part of the project, Tanko Streetlighting, Inc. conducted an audit of the City's energy use and costs associated with all City- owned streetlights and traffic signal safety lighting. The audit consisted of inspecting and evaluating energy use and optimization measures such as LED retrofits for city -owned street lighting and traffic signal safety lighting. Streetlight ownership was reviewed to assure the City was being properly billed and that the proper tariff rate is being applied. Incorrect data was added was sent to SCE and city staff to confirm data accuracy, all records were compared with the SCE records and compared with field observations. One important finding from the audit revealed that 199 of the 436 streetlights had already been changed out and did not require to be replaced. To keep the project moving forward, staff and Tanko negotiated a change in scope to include replacement of all traffic signal head lights that were still using incandescent fixtures. DISCUSSION Tanko got off to a slow construction start, largely due to supply chain issues brought about by the COVID-19 pandemic. The project suffered various setbacks because of this unique situation, particularly in procurement of the fixtures with took about 17 weeks longer than anticipated. Despite these constraints, Tanko Inc, was able to complete the work within the contract term including the extended timeline. The completed improvements have been inspected and accepted by city staff. The total construction cost for the project is $382,856.72, including all contract change orders. Project savings in the amount of $38,433.28 in unspent funds will return to the Future Development fund balance. To complete the project close-out, Staff recommends that the City Council accept the improvements and authorize staff to file a Notice of Completion with the Los Angeles County Recorder's Office. ALTERNATIVES Provide Staff with alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK When Recorded Return To: Name: CITY OF BALDWIN PARK Address 14403 East Pacific Avenue Baldwin Park CA 91706 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. CIP 20-115, Energy Services Contract for Energy Efficiency Improvements to City Owned Streetlights and Traffic Signal Lighting Project for the City of Baldwin Park and was ACCEPTED by the City Council on: June 1, 2022 2. The FULL NAME of the OWNER is Citv of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue. Baldwin Park. CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on May 31, 2022 5. The work of improvement completed is described as follows: City owned streetlighting and traffic signal lights were retrofittedby replacing high pressure sodium vapor (HPSV) streetlights and incandescent traffic signal head lights with Light Emitting Diode (LED) lights for the purpose of saving energy and reducing maintenance costs. 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Tanko Streetlighting, Inc. 7. The street address or location of said property is Citywide and signalized intersections owned by the City. The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. MI - David David Lopez, Associate Engineer Date: Place of Execution: City of Baldwin Park, City Hall I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature: Sam Gutierrez, Director of Public Works City of Baldwin Park, City Hall Place of Execution ITEM NO. Honorable Mayor and Members of the City Council 7 Manuel Carrillo Jr., Director of Recreation & Community Services SUBJECT: Approve Contract with LRS Audio to Provide Stage, Audio & DJAN Lighting for the Downtown Street Market SUMMARY The purpose of this staff report is for City Council to consider the approval of a contract with LRS Audio to provide stage, audio & lighting for the Downtown Street Market. RECOMMENDATION Staff recommends that the City Council: 1. Approve the Contract with LRS Audio in the amount $65,020; and 2. Authorize Director of Recreation & Community Services to execute the agreement and any associated documents; and 3. Authorize the Director of Finance to appropriate funding and make necessary changes to the budget. FISCAL IMPACT There is a budgeted line -item for FY 22-23 in the amount of $61,700 (with account number 100-60- 610-51100-16101) for Downtown Street Market stage, sound and lighting. $61,700 will be paid from the approved General Fund FY22-23 budget and $3,320 from the sponsorships and revenue. BACKGROUND At their March 2, 2022, City Council meeting, the City Council approved the Downtown Street Market Budget $28,175 for the FY2021/2022 and $179,797 for FY 2022-2023. Staff has secured cost estimate for stage, audio and lighting for Downtown Street Market from August 11 through September 15, 2022. Listed below are the estimates received: Vendor Cost All American AV Event Solutions $86,810.00 Atmosphere Events $81,312.00 LRS Audio $65,020.00 The contract includes the setup and breakdown. The lowest responsible vendor was LRS Audio. LRS Audio has done business with the City for over 25 years. ALTERNATIVES The City Council may elect not to approve the contract. LEGAL REVIEW None is required. ATTACHMENT None ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 1, 2022 SUBJECT: Public Hearing and Adoption of Resolution No. 2022-028, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2022-2023 SUMMARY 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, FY2022-2023 (LLMD or District). RECOMMENDATION Staff recommends that Council hold a Public Hearing, and after considering testimony, adopt Resolution No. 2022-028, entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2022-2023, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." FISCAL IMPACT The District's anticipated revenue and expenditures were estimated at the time of the preparation of the Engineer's Report and presented to the City Council and subsequently approved on May 4, 2022. 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 within the public right-of- way. The typical assessment has remained for over 20 years. On May 4, 2022, the City Council adopted Resolution No. 2022-019 which approved the Engineer's Report for the LLMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing as June 01, 2022. The Public Hearing notice was posted as required. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-028 2. Public Hearing Notice RESOLUTION NO. 2022-028 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 FY2022-2023, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. 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 Highway Code; and WHEREAS, the City Council has adopted Resolution No. 2022-019 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 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 FY2022-2023, and orders the annual levy and collection of assessment of the District as shown and set forth as 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, 2022 and ending June 30, 2023. 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 be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. 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. PASSED, APPROVED, AND ADOPTED this 1st day of June 2022 EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, MARLENE GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-028 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 01, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLENE GARCIA CITY CLERK F �. V: ,LABRi`,' L CITY OF BALDWIN PARK `_" 1. 1ANOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Baldwin Park will hold public hearings on their regularly scheduled meeting of WEDNESDAY, June 01, 2022 at 7:00 p.m.(or soon there after), virtually. Said public hearings shall consider: Protests, comments or objections in reference to the levy and collection of the annual assessments for the FY2022-2023, continued maintenance of public facilities specifically 1) the area within the City of Baldwin Park Citywide Park Maintenance Assessment District; and 2) The area within City of Baldwin Park Landscaping and Lighting District; all to serve the benefit of said District, which was previously approved by the City Council. Every written protest shall be emailed to the City Clerk at comments@baldwinpark.com before 7:15 pm of June 01, 2022. For information, please contact Sam Gutierrez, Director of Public Works at (626) 813-5255. Executed on May 16, 2022 in the City of Baldwin Park, California. ITEM NO. 9 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 1, 2022 SUBJECT: Public Hearing and Adoption of Resolution No. 2022-029, Ordering the Assessments for the Citywide Park Maintenance District for FY2022-2023 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 FY2022-2023. RECOMMENDATION Staff recommends that the Council hold a Public Hearing and after considering testimony, adopt Resolution No. 2022-029 entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2022-2023, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." FISCAL IMPACT The District's anticipated revenue and expenditures were estimated at the time of the preparation of the Engineer's Report and presented to the City Council and subsequently approved on May 4, 2022. PMD revenue for FY2022-2023 is anticipated to include an estimated $25,600 from a General Fund Transfer. The General Fund Transfer is needed to cover the District shortfall and is included in the FY2022-2023 Budget. BACKGROUND The purpose of the Citywide Park Maintenance Assessment District is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these parks maintenance programs, and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD's formation was established in conformance with proposition 218. On May 4, 2022 the City Council adopted Resolution No. 2022-020 which approved the Engineer's Report for the PMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing as June 01, 2022. The Public Hearing notice was posted as required. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-029 2. Public Hearing Notice RESOLUTION NO. 2022- 029 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 FY2022-2023, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. WHEREAS, the City Council has previously ordered the formation of PARK MAINTENANCE ASSESSMENT DISTRICT FY2022-2023 (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 Highway Code; and WHEREAS, the City Council has adopted Resolution No. 2022-020 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 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 FY2022-2023, 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, 2022 and ending June 30, 2023. 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 be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE 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 resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 1st day of June 2022 EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, MARLENE GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-029 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 01, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLENE GARCIA CITY CLERK F �. V: ,LABRi`,' L CITY OF BALDWIN PARK `_" 1. 1ANOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Baldwin Park will hold public hearings on their regularly scheduled meeting of WEDNESDAY, June 01, 2022 at 7:00 p.m.(or soon there after), virtually. Said public hearings shall consider: Protests, comments or objections in reference to the levy and collection of the annual assessments for the FY2022-2023, continued maintenance of public facilities specifically 1) the area within the City of Baldwin Park Citywide Park Maintenance Assessment District; and 2) The area within City of Baldwin Park Landscaping and Lighting District; all to serve the benefit of said District, which was previously approved by the City Council. Every written protest shall be emailed to the City Clerk at comments@baldwinpark.com before 7:15 pm of June 01, 2022. For information, please contact Sam Gutierrez, Director of Public Works at (626) 813-5255. Executed on May 16, 2022 in the City of Baldwin Park, California. SUMMARY ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Acting Director of Community Development PREPARED BY: Melissa Chipres, Associate Planner DATE: June 1, 2022 SUBJECT: A Request to the City Council from the Planning Commission to Approve Development Agreement 19-03 to Allow the Construction of a Double -Faced LED Digital, Billboard (Location: 1529 Virginia Avenue; Applicant: Lamar, of Los Angeles; Case Numbers: DA 19-03.) This report requests that the City Council approve the following: 1. Initial Study and Mitigated Negative Declaration of Environmental Impact; and 2. An agreement between the City and Lamar of Los Angeles to allow the construction of a double- faced LED digital billboard, in return for various mitigation fees paid to the city. This item was previously approved by the City Council on April 20, 2022. The approval requires first reading of the ordinance which will then be followed by a second reading at the June 15, 2022 City Council meeting. RECOMMENDATION Staff recommends that the City Council: 1. Adopt Resolution 2022-030 entitled, "A REOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL TO APPROVE (1) AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 19-03 TO PERMIT THE CONSTRUCTION A DOUBLE-FACED LED DIGITAL BILLBOARD WITHIN THE I -C, INDUSTRIAL -COMMERCIAL ZONE. (LOCATION: 1529 VIRGINIA AVENUE, APN: 8558-032-018 APPLICANT: LAMAR OF LOS ANGELES. CASE NUMBER: DA 19-03). 2. Hold a Public Hearing and after considering testimony, Introduce for first reading, by title only, Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH LAMAR OF LOS ANGELES FOR THE APPROVAL OF A TO ALLOW THE CONSTRUCTION OF A DOUBLE-FACED LED DIGITAL, BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 1529 VIRGINIA AVENUE ALONG THE 1-10 FREEWAY WITHIN IIMIAEG] Iowe] acy_1I91TA1011&IVElm FISCAL IMPACT There will be an increase in general fund revenues should this project be approved. The Developer shall pay an annual development fee to City of Seventy -Two Thousand Dollars ($72,000.00) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI - U over the immediately preceding five (5) year period. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)/NOTICING In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined the proposed project will not have a significant impact on the environment and an Initial Study/Mitigated Negative Declaration of Environmental Impact has been prepared (Attachment 3). The Initial Study was prepared by DeNovo Planning Group. and has completed the public review period which took place from January 26, 2022, to February 24, 2022. The Notice of Intent inviting public comment on the Initial Study/ Mitigated Negative Declaration of Environmental Impact was posted at the Los Angeles County Clerk's Office, the City's website, and City Hall. The public review period closed with no responses from the public. The California Department of Transportation (Caltrans) responded with a letter of acknowledgement dated February 16, 2022, indicating that the applicant is also required to obtain permits from Caltrans. Additionally, a Notice of Public Hearing for this proposed Development Agreement was posted at City Hall, and City website on January 26, 2022. Public Hearing Notices were mailed to adjacent property owners within 300 feet of the project site on January 26, 2021, and March 10, 2022, a legal notice was published in the Baldwin Park Press. The Planning Division has reviewed the application to ensure compliance with all requirements set forth in Ordinance 1394 and is recommending the Planning Commission consider and recommend approval to the City Council on proposed Development Agreement 19-03 between the City of Baldwin Park and Lamar of Los Angeles to permit the construction of a double-faced LED digital billboard at 1529 Virginia Avenue within the I -C, Industrial -Commercial zone. SUBJECT PROPERTY & SURROUNDING LAND USES The Development Agreement (DA 19-03) will allow for the construction of a digital billboard advertising structure located at 1529 Virginia Avenue, south of the 1-10, San Bernardino Freeway. The proposed project consists of two (2) LED electronic sign faces. Other than abutting freeways, the sites are bounded by the uses as detailed in Table #1 below. TABLE#1 ADJACENT LAND USES Adjacent Property Location Zoning Designation Land Use North - I-10 Freeway East F -C Commercial/Retail Business South - Industrial -Commercial West I -C Industrial- Commercial BACKGROUND A billboard is a large (typically 14' feet in height by 48' in length) off-site advertising sign that advertises an event, product, service, or use not generally found on-site or provides public information. In July 2013, the City approved a Code Amendment (AZC-173) which included development standards relating to digital billboards. In December 2016, the City Council approved an ordinance that would modify the development standards to allow the construction of additional digital and static billboards. The construction of additional billboards require development agreements that allow the City more flexibility to negotiate other benefits from billboard companies, including but not limited to new park signs, landscaping, and provide mitigation fees and/or other benefits the City needs. In April 2017, the City Council approved an ordinance to modify development standards for all new billboards that would allow them to be constructed no taller than 65 feet, regardless of proximity to a sound wall. Digital Billboard Structures Digital billboard facings are an emerging media type that consists of a display surface with light emitting diodes (LEDs) generating an image. The images are changed remotely via computer, functioning and appearing like large computer screens. Digital billboards offer greater flexibility of use than conventional billboards. Typically, digital advertising messages from advertisers rotate continuously, with each digital image on display for about four to eight seconds, enabling billboard owners to sell the same advertising face 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 and thus the LED displays generate 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/or local regulations, due to traffic safety concerns. The Baldwin Park Ordinance also prohibits moving images on digital billboards. LED displays are equipped with sensors that automatically 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 will be automatically dimmed to reduce glare. There are a variety of Federal, State, and local provisions that regulate billboards and digital billboards. For example, Caltrans limits location of static billboards to be no less than 500 feet between billboard any other billboard on the same side of the freeway, whereas digital billboards must be separated by a minimum distance of 1,000 linear feet on the same side of the freeway. DISCUSSION On November 21, 2019, the Planning Division received an application from Lamar of Los Angeles requesting approval for the construction of a double -sided LED digital billboard locate at 1529 Virginia Avenue, south of the 1-10, San Bernardino Freeway. The proposed location of the digital billboard is in the north easterly corner of the property. The proposed construction will consist of the Billboard sign area to be fourteen (14) feet in height, and forty-eight (48) feet in width, and an overall height of ninety (90) feet. Ordinance 1398 Section 2. Item H: The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard and excluding extensions shall not be more than sixty-five feet (65'), as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed. 3 The applicant has provided a line -of -sight plan (attachment #6) that indicates compliance with the height requirement pursuant to the ordinance. The minimum height of the billboard is 64 feet in height measured from the highest point of the Interstate Highway. PLANNING COMMISSION ACTION At their meeting on March 23, 2022, the Planning Commission voted 4-0, recommending the City Council approve the proposed Development Agreement. ATTACHMENTS 1. Resolution 2022-030 2. Exhibit "A", Development Agreement, DA 19-03 3. Draft Ordinance 4. Initial Study & Mitigated Negative Declaration (htt s://www.baldwin arkacom/online- documents/community-develo ment/ lanning/environmental-documents/2$52-final-ismnd-lamar- digitial-billboard/file). 5. Vicinity Map 6. Plans 7. Site Plans 4 RESOLUTION NO. 2022-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT (1) AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 19-03 TO PERMIT THE CONSTRUCTION OF A DOUBLE-FACED LED DIGITAL BILLBOARD WITHIN THE I -C, INDUSTRIAL -COMMERCIAL ZONE. (LOCATION: 1529 VIRGINIA AVENUE, APN: 8558- 032-018 APPLICANT: LAMAR OF LOS ANGELES; CASE NUMBER: DA 19-03). WHEREAS, in 1999 the City Council approved a zone change to allow for the creation of an Outdoor Advertising District along segments of the 1-10 and 1-605 freeways to permit the construction of new billboards; and WHEREAS, in June 2003 the City adopted Ordinance 1204 which prohibited the issuance of any type of entitlement relating to billboard structures; and WHEREAS, in July 2013 the City amended the Municipal Code to include development standards for new digital billboard structures; and WHEREAS, in December 2016 the City approved an ordinance to modify the Municipal Code billboard development standards and to require development agreements for the construction of additional digital and static billboard structures; and WHEREAS, in April 2017 the City approved an ordinance to modify the billboard development standards that would allow billboards to be constructed no taller than 65 feet, regardless of proximity to a sound wall; and WHEREAS, in 2020 the City entered into discussions with Lamar of Los Angeles, for a Development Agreement to place a dual -faced digital billboard along the 1-10 San Bernardino Freeway located at 1529 Virginia Avenue; and WHEREAS, the proposed Development Agreement between the City of Baldwin Park and Lamar of Los Angeles, identified as Case Number DA 19-03 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: SECTION 1. The City Council does hereby find, determine, and declare that: DA 19-03 June 1, 2022, Page 2 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 from January 26, 2022, to February 24, 2022, as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on March 23, 2022, 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 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 June 1, 2022, 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 Mitigated 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 1St day of June 2022. EMMANUEL J. -.D. l/ .&• i DA 19-03 June 1, 2022, Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2022-030 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 1St day of June, 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK Attachment #2 Exhibit "A" Development Agreement, DA 19-03 Recording Requested by and When Recorded Return to: CITY OF BALDWIN PARK 14403 Pacific Ave Baldwin Park, CA 91706 Attn: City Clerk [Exempt From Recording Fee Per Gov. Code §6103] DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this _"' day of 20_, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("City") and LAMAR CENTRAL OUTDOOR, LLC., a Delaware limited liability company ("Developer"). RECITALS A. California Government Code Sections 65864, et seq., ("Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. B. Developer has a leasehold interest to a certain portion of the real property commonly known as 1527 Virginia Avenue, located in the City of Baldwin Park, in the County of Los Angeles, referred to as Assessor's Parcel Number 8558-032-018, as more specifically described in Exhibit "A" and depicted on Exhibit "B" (collectively, the "Site"). C. Developer seeks to install on a portion of the Site a maximum of one (1) dual -sided digital -billboard, a maximum of sixty-five (65) feet tall, "as measured from the highest point of the main road or Interstate Highway from which advertising is to be viewed", pursuant to Section 153.170.105(H) of the BPMC as amended, each face measuring 14'x 48 on the Site (the "Billboard") pursuant to the terms of this Agreement. D. Developer, as the exclusive lessee of the applicable portions of the Site for outdoor advertising purposes, has a legal and/or equitable interest in the Site pursuant to its lease (the "Lease") with the Site Owner, and thus Developer qualifies to enter into this Agreement in accordance with Development Agreement Law. E. In exchange for the approvals sought to install the Billboard, Developer has offered to: I . Pay to City an annual Development Fee/Mitigation Fee as defined and provided in Section 2.6 below to mitigate any impacts associated with the Billboard; and 2. Not advertise contrary to the provisions of Section 2.7 below. F. Developer and City agree that a development agreement should be approved and adopted to memorialize the property expectations of City and Developer as more particularly described herein. G. The Project will be categorically exempt from CEQA pursuant to the Urban In -Fill exemption in Title 14 of the California Code of Regulations, Section 15332. H. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project (as hereinafter defined) will achieve a number of City objectives including utilizing the Site for a revenue - generating use. I. On , _ 2021 (the "City Approval Date"), the City Council held a first reading of Ordinance No. (the "Approval Ordinance"), thereby approving this Agreement and the Billboard as described herein. J. City finds and determines that all actions required of City and the City Council precedent to approval of this Agreement by the Approval Ordinance have been duly and regularly taken. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I . DEFINITIONS AND EXHIBITS. 1.1 Definitions. This Agreement uses a number of terms that have the specific meanings defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in the Agreement. In addition to the terms defined in the Recitals above, the defined terms include the following: 1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto. 1.1.2 "City" means the City of Baldwin Park, a California Municipal Corporation and a general law city. 1.1.3 "City Council" means the City Council of City. 1. 1.4 "Development Approvals" means the approved Development, based on the approval of the City Council, as further described in the Recitals and defined in Section 3.3 herein. 1.1.5 "Effective Date" means , 2021, the date that is 30 days following the Approval Date, and provided the Agreement is signed by Developer and City. 1.1.6 "Final Permits" shall mean the date City issues the last approval required for the Project from all applicable governmental authorities. 1. 1.7 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Billboard, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Digital Billboard at the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations, to the extent applicable. 1.1.8 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device, a lender or each of their respective successors and assigns. 1.1.9 "Project" means the installation, operation and maintenance of the Billboard on the Site, all in accordance with the Development Approvals and this Agreement and all the conditions of approval per the Approval Ordinance. 1.1.10 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) governing the development and use of the Billboard. 1.1.11 "Term" shall have the meaning provided in Section 2.4, unless earlier terminated as provided in this Agreement. 2.1 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Project, including actions by the City on applications for Subsequent Development Approvals affecting the Project, shall be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed to modify or amend the Lease, or any of Developer's obligations thereunder. All Development Approvals and associated entitlements shall have the same term and run concurrently with this Agreement. 2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and is thus qualified to enter into and be a party to this Agreement under Development Agreement Law. Additionally, Owner has provided City with a letter authorizing the Project on the Site. If the Lease is prematurely terminated, then Developer shall have no further obligations under this Agreement. 2.3 Assignment Developer may not assign or otherwise transfer this Agreement, or its interest in the Site, without City's consent. Any potential transfer to any other person, firm, or entity must, at a minimum, demonstrate positive experience operating billboards similar to the Project, adequate financial resources and similar expertise in securing advertisers for billboards similar to the Project. Developer shall notify City of any such proposed assignment and provide all documentation necessary for City to verify compliance with the requirements in this Section 2.3 before the City Council considers any such transfer. Any transfer must meet the requirements of this Section 2.3 and shall be subject to the approval of the City Council. Such an approval is not guaranteed. The City Council will review the proposed transfer request, and review all documents provided thereto, and make a determination as to whether to approve the transfer request. If a transfer or assignment as permitted by this Section is approved, City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement, which have been assigned or transferred. 2.4 Term of Agreement. Unless earlier terminated, this Agreement will continue in full force and effect until the earlier of: (i) twenty-five (25) years after the date City issues a final approval for the Project (the "Term Commencement Date"), (ii) twenty-five years plus ninety (90) days after Developer receives the Final Permits, as defined below, or (iii) the permanent removal of the Billboard pursuant to Section 4.7, herein. Upon expiration of the then current term, the parties may extend the term, subject to negotiation of a mutually acceptable escalator of the Development Fee/Mitigation Fee, based on then applicable market rates, which rates shall be subject to the parties' independent evaluation and demonstration in such negotiations. The Agreement will terminate on its own terms if the parties cannot agree to extend the Term. If no extension is agreed to, Developer may no longer be allowed to use digital displays on the Billboard and remove the pole, the Billboard and the entire display at no expense to the City. 2.5 Development Fee. The potential impacts of the Project on the City and surrounding community are difficult to identify and calculate. Developer and City agree that an annual development fee/mitigation fee be paid by Developer to City would adequately mitigate all such potential impacts and costs. The parties therefore agree that Developer shall pay an annual development fee to City of Seventy -Two Thousand Dollars ($72,000.00) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI -U over the immediately preceding five (5) year period calculated as follows: no later than 30 days after the end of the 60`h month following the Effective Date, the Development Fee/Mitigation Fee will be increased in accordance with the increase in the CPI over the preceding five year term. Such increases will be calculated by using the following formula: R2 = RI x New CPI divided by Old CPI Where: R2 = the Development Fee/Mitigation Fee payable for the relevant 60 -month period of the Term and R1 = the Development Fee/Mitigation Fee specified for the previous five years. New CPI means the average published CPI for the five-year term ending prior to the date of commencement of the relevant 60 -month period of the term. Old CPI means the last published CPI for a quarter ending prior to the Effective Date of this Agreement. Should the CPI increase exceed more than 10% in any given year the maximum amount applied will be 10% or whichever is lower. If the CPI decreases, no change will be made to the Development Fee/Mitigation Fee. Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable but must be completed no later than 12 months after the date the City approves the Development Agreement and it is signed by the City Council and/or Mayor. Developer is permitted a 6 month extension for "good cause" which must be submitted in writing to the City. Whether or not "good cause" exists for an extension shall be decided by the City. 2.6 City Facility Authorized: Developer will install a sign announcing the City's name on the pole wrap, with the final design agreed to between the City & Developer. City may also install telecommunication equipment (the "Equipment") on the pole at no cost to and upon approval of Developer if and only if City and telecom provider enter into an indemnification, defense and hold harmless agreement regarding the Equipment on the Billboard acceptable to Developer. 2.7 Fixed Facility Fee: Should City or Developer enter into any agreement for the installation of an antenna or wireless communication device for cellular, wi-fi or other service on the Billboard (the "Device"), the parry receiving payment for the Device shall pay to the other party an annual fixed facility fee of fifteen percent (15%) of the gross revenue collected as a result of the Device as additional revenue. The party receiving the additional revenue shall have the right to review and audit the revenue received within 30 days upon request by the other party. 2.8 Prohibited Use. Developer shall not utilize any ofthe displays onthe Billboard to advertise tobacco, or tobacco products including but not limited to vape devises, marijuana, "gentlemen's clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language images, and language; "obscene matter," as that term is defined in California Penal Code section 311; or any matter that is prohibited by any City ordinance existing as of the Effective Date of this Agreement and equally -applicable to all billboard displays. In addition, the Developer shall at all times comply with Article 7 § 5402 of the Outdoor Advertising Act from the Business and Professions Code. Developer shall immediately remove any prohibited content upon notice from the City. If there is a dispute between Developer and City as to whether any such content is prohibited, Developer shall immediately remove the disputed content until the dispute is resolved. 2.9 City's Use of Digital Sign: Developer shall also provide, free of charge to City on a space available basis, up to five percent of total advertising time on the New Digital Billboard for purposes of posting public service announcements and City -related advertising or announcements ("City Advertising"). Notwithstanding the above, City shall have no right and Developer shall have no obligation to post City Advertising for more than five (5) percent of the Digital Billboard's total advertising time, however such time shall be equally spread throughout each 24- hour period. The City shall submit all proposed copy to Developer not less than five (5) business days prior to the date the copy is proposed to be displayed. All proposed City Advertising copy shall be prepared and submitted at the City's sole cost, shall be in a format ready for posting on the New Digital Billboard, and shall be subject to Developer's standard advertising copy rejection and removal policies, which allow Developer to approve or disapprove copy and remove copy once posted or displayed. City represents and warrants all copy, content and materials supplied by City to Developer for display under this Agreement: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or Developer may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. Any content provided by City shall be owned and belong exclusively to the City, and Developer shall not reproduce, sell, or give away any such content without the advance written consent of the City. 2.10 Public Safety Messages. Developer agrees to participate with Caltrans and other agencies, at no cost to City, and shall comply with and post all "Amber Alerts" and emergency messages in accordance with applicable guidelines and any public safety messaging required by applicable state or federal law. 3. DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT. 3.1 Rights to Develop Digital Billboard on the Site. Subject to and during the Term of this Agreement, Developer shall develop the Project on the Site in accordance with and to the extent provided in the Development Approvals, the Land Use Regulations, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend the Lease. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwiseprovided under the terms of this Agreement, the rules, regulations and official policies governing the improvement and construction standards and specifications applicable to the development of the Project shall be as set forth in the Land Use Regulations, as such term is defined in Section 2.1.7, which are in full force and effect as of the Effective Date, subject to the terms of this Agreement. 3.3 Development Approvals. Developer shall, at its own expense and before commencement of the development of the Project, secure or cause to be secured all necessary Development Approvals, which shall include any and all 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 Developer, including but not limited to, necessary building permits and all approvals required under the California Environmental Quality Act ("CEQA"). Not by way of limiting the foregoing, in developing and constructing the Project, Developer shall comply with all (1) applicable development standards in City's Municipal Code, (2) NPDES requirements pertaining to the Project, if applicable, (3) all applicable building codes and zoning codes, except as may be permitted through approved variances and modifications. Developer shall deposit fifteen thousand dollars ($15,000) upon submittal of this Agreement for approval by the City Council, and pay all normal and customary fees, charges and development impact fees applicable to such permits and any fees and charges hereafter imposed by City in connection with the Project, which are standard and uniformly applied to similar projects in the City. 3.4 Vested Rights. Except as otherwise provided in this Agreement, Developer shall have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this Agreement, Project entitlements, Section 153.170 of the Municipal Code, and all other applicable legal requirements in effect as of the Effective Date (collectively, "Applicable Law"). In light of the foregoing, City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Project and Project Site. It is the intent of City and Developer that the vesting of development rights of Developer shall. include the permitted land uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project as set forth in the Project entitlements and this Agreement. 3.5 Timing of Project. Developer shall begin the Project (the "Commencement" or "Commence") as soon as commercially practicable following the approval of the Development Agreement by the City and signed by the Mayor. Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable but must be completed no later than 12 months after the date the City approves the Development Agreement and it is signed by the City Council and/or Mayor. Developer is permitted a 6 month extension for "good cause" which must be submitted in writing to the City. Whether or not "good cause" exists for an extension shall be decided by the City. 3.6 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, including Exhibit "C", to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non - Compliance" ("Notice") mailed to the non -complying party and its Attorney, specifying the grounds therefore and all facts demonstrating such non-compliance. The party receiving a Notice shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice, or if such cure or remedy is not reasonably capable of being carried out to completion within such thirty (30) day period, to commence to cure or remedy the noncompliance and to diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice does not believe it is out of compliance, it may contest the Notice by responding in writing to said Notice within thirty (30) days after receipt of the Notice. If a response to the Notice has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice shall be conclusively presumed to be valid. If a Notice is contested, the parties shall, for a period of not less than fifteen (15) days after receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 6.7. Neither parry hereto shall be deemed in breach of this Agreement if the reason for non- compliance is due to a "force majeure" as defined in, and subject to the provisions of Section 9.10. After complying with this Section 3.5, either party may seek termination of this Agreement as set forth herein, and in the event this Agreement is appropriately terminated, neither party shall have any further obligation hereunder. However, if circumstances within the scope of Section 9.10 delay the Commencement or completion of the Project, it would not constitute grounds for any termination rights found within this Agreement. In such case, the timeline to commence or complete the relevant task shall be extended in the manner described in this Agreement. Notwithstanding the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding the construction of the Project on the Site. Developer shall also maintain the Billboard at all times during the Term in good condition and repair. Notwithstanding, because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later -adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. However, notwithstanding anything in this agreement, Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable but must be completed no later than 12 months after the date the City approves the Development Agreement and it is signed by the City Council and/or Mayor. Developer is permitted a 6 month extension for "good cause" which must be submitted in writing to the City. Whether or not "good cause" exists for an extension shall be decided by the City. 3.7 Changes and Amendments. Developer may determine that changes to the Development Approvals are appropriate and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Development Approvals to effectuate such change(s). The parties acknowledge that City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing the City shall use reasonable discretion and shall not apply a standard different than that used in evaluating requests of other developers. Accordingly, under no circumstance shall City be obligated in any manner to approve any amendment to the Development Approvals. The City Manager shall be authorized to approve, without processing an amendment to this Agreement, any non -substantive amendment to the Development Approvals that does not: (i) adversely impact and/or diminish Developer's rights as provided hereunder, and (ii) affect and/or block the visibility of the Digital Display or accessibility to the Billboard. All other amendments shall require approval of the City Council. The parties acknowledge that an extension of the Term for no more than twenty-four (24) months is an example of a non -substantive change, which the City Manager, in his or her reasonable discretion, may approve in writing without processing an amendment to this Agreement. Nothing herein shall cause Developer to be in default under this Agreement if it upgrades the Billboard to incorporate newer technology or design; provided Developer shall secure all applicable ministerial permits to do so and such upgrade is consistent with the dimensions provided in this Agreement. All other amendments shall require the approval of the City Council. 4.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Project: 4.1.1 Processing fees and current charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. 4.1.2 Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 4.1.3 All versions and changes of the Building Code as of the date this Development Agreement is signed and changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the Billboard. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, developer may terminate this Agreement upon ninety (90) days prior written notice. 4.1.4 Regulations that are not in conflict with the Development Approvals or this Agreement. 4.1.5 Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent (agreed to by the City if necessary) to the application of such regulations to development of the Project. 4.1.6 Applicable Federal, State, County, and multi jurisdictional laws and regulations which City is required to enforce as against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses. 4.1.7 Future Discretion of City. This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations. 4.1.8 Modification or Suspension by Federal, State, County, or Multi - Jurisdictional Law. In the event that applicable federal, State, County, or multi- jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, State, County, or multi jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. 4.2 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Project and that do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 4.3 Public Improvements. Notwithstanding any provision herein to the contrary, City shall retain the right to condition any subsequent Development Approvals to require Developer to pay any required development fees, including but not limited to any and all Development Impact Fees and/or to construct the required public infrastructure at such time as City shall determine. 4.4 Fees, Taxes and Assessments. This Agreement shall not prohibit the application of customary fees, taxes or assessments upon the Site and/or the Billboard or Developer. Notwithstanding anything to the contrary herein, if there is a change to those charges as of the full execution hereof or any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise materially impact Developer's ability to perform the terms of this Agreement, Developer may terminate this Agreement upon ninety (90) days prior written notice. 5. REMOVAL OF BILLBOARDS 5.1 Removal by Developer. Developer has the right to negotiate an extension of the Term as an amendment to this Agreement. If City does not agree to the extension, Developer must remove the pole and billboard and the entire display at no cost to the City. 5.2 City's Right to Removal. Provided Developer is not in material breach hereof and after any applicable notice and cure period, City shall not have the right to remove the Billboard or limit access to or visibility of the Billboard in any way if such is within the control of the City. Should such a breach by Developer occur, City is authorized to request the removal of the digital displays on the Billboard within ninety (90) days after complying with Section 6.2 herein. 6. REVIEW FOR COMPLIANCE. 6.1 Annual Review. The City may review this Agreement annually ("Annual Review") at City's sole cost, on or before each anniversary of the Term Commencement Date, to ascertain good faith compliance by Developer with the terms of the Agreement. However, no failure on the part of City to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement. Developer shall cooperate with City in the conduct of any Annual Review and provide the following information and documentation to City at least thirty (30) days before the anniversary of the Term: (1) description of all complaints received regarding the Billboard including any content on the Billboard in violation of this Agreement, (2) any updates to Developer's contact information related to complaints concerning the Billboard, (3) status and amount of all payment obligations to the City required under this Agreement for the year in question and cumulatively beginning from the Commencement of the Project herein, (4) any easement or lease changes that could in any way materially impact the City or the obligations under this Agreement, (5) any utility changes that could in any way materially impact City or the obligations under this Agreement, and (6) any maintenance issues needing to be addressed. 6.2 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement to explain the basis for such assertion, and to receive from the other parry justification of its position on such matters. If, on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. The party receiving a Notice of Non -Compliance, except for graffiti on the structure, shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non -Compliance with the exception of the following examples which Developer shall correct within 3 business days of receiving notice: graffiti on the structure, the posting of advertisements that violate the terms of this Agreement and any issue that presents a safety issue or a safety hazard. If the party receiving the Notice of Non -Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) days after receipt of the Notice. If the response to the Notice of Non -Compliance has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice of Non -Compliance shall be conclusively presumed to be valid. If a Notice of Non -Compliance is contested, the parties shall, for a period of not fewer than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non- compliance may thereupon pursue the remedies provided in Section 5,2 6. Neither party hereto shall be deemed in breach if the reason for non-compliance is due to a "force majeure" event as defined in, and subject to the provisions of, Section 8.16. Developer shall remove all graffiti on the Billboard within 5 days of learning that such graffiti exists. 6.3 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council, that (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. 7.1 Termination of Agreement. 7.1.1 Termination of Agreement for bilateral Default of Developer. City Council, in its discretion, may terminate this Agreement or seek any other remedy it deems appropriate for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach") beyond the applicable notice and cure period set forth in Subsection 6.2 above. In the event of a termination by City under this Section 6.2, Developer acknowledges and agrees that City may retain all fees accrued up to the date of the termination. 7.1.2 Material Default of City. Developer, in its discretion, may terminate or seek any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following the procedure set forth in Section 6.2. 7.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no parry shall have any further right or obligation hereunder except with respect to: (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement that occurred prior to said termination, (iii) Developer's obligation to convert the Billboard to a static display or remove the Billboard pursuant to Section 2.4, or (iv) any continuing obligations to indemnify the other party. 8. INSURANCE, INDEMNIFICATION AND WAIVERS. 8.1 Insurance. 8. 1.1 Types of Insurance. (a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of Developer and City, as additional named insured, comprehensive broad form general liability insurance against claims and liabilities related to this Agreement or the indemnification provisions of this Agreement. Developer has agreed to indemnify City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least Two Million Dollars ($2,000,000) for bodily injury or death to any one person at least Four Million Dollars ($4,000,000) in the aggregate for any accidents or occurrences, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which. Developer is responsible maintains the same coverage required of Developer. (b) Worker's Compensation. Developer shall also furnish or cause to be furnished to City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required bylaw. (c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A-". All such policies shall be non -assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section; (ii) the policies cannot be canceled or materially changed except after written notice by the insurer to City or City's designated representative as expeditiously as insurance company agrees to provide notice. Developer shall furnish City with certificates evidencing the insurance and City shall be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement. 8.1.2 Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies within the following time limits: (a) For the insurance required above, within seven (7) days after the Effective Date. (b) City may ask to see copies of the current certificates for all insurance policies required. City also reserves the right to obtain copies of the entire insurance policy, including endorsements. If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that the insurance has been procured, is in force, and is paid for, City will notify Developer to provide such insurance within 30 days. After such 30 -day cure period, any continuing refusal shall be deemed a default hereunder. 8.2 Indemnification. 8.1.1. General. Developer shall defend and indemnify and its officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity not a party to this Agreement arising out of or in connection with CEQA, the billboard structure, advertisements, displays, digital board, any required approvals, any required permits, work, operations, or any activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, related to the Project. City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. To this end: 8.1.2. Developer will defend and hold the City harmless regarding any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies. Developer will promptly pay any judgment rendered against City or its respective officers, agents, or employees for any claims filed against City related to this Project, its permits its required approvals, CEQA issues, and such claims or liabilities arising out of or in connection with such work, operations, or activities of Developer hereunder, and Developer agrees to save and hold City and its officers, agents, and employees harmless therefrom. 8.1.3. Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole negligence or willful misconduct of City, its officers, agents, or employees, who are directly responsible for City. 8.1.4. Additional Coverage. Without limiting the generality of the foregoing for any reason whatsoever, Developer's indemnity obligation shall also include any liability arising by reason of: (a) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer; (b) Any failure of Developer to comply with the performance of all provisions of this Agreement; (c) Any harm, delay, injury or other damage incurred by any party as a result of any subsurface conditions on the site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination. (d) Loss and Damage. Except as set forth below, City shall not be liable for any damage to property of Developer, Owners or of others located on the Site, nor for the loss of or damage to any property of Developer, Owners or others by theft or otherwise. Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent City or its agents, employees, subcontractors, invitees or representatives are the sole cause of such injury or damage when accessing the Site, (ii) to the extent covered in any permit to enter executed by the City, or (iii) a negligent or willful acts or omissions of the City, its employees, officials, representatives or agents which said negligence or willful acts are the sole cause of damage to any person or entity. (e) Period of Indemnification. The obligations for indemnity under Section 8. 1.1 to 8.1.4, shall begin on the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification shall have occurred prior to termination. 8.3 Waiver of Subrogation. Developer and City each agrees that it shall not make any claim against, or seek to recover from the other or its agents, servants, or employees, for any loss or damage to it or to any person or property relating to this Project, except as specifically provided hereunder which includes but is not limited to, a claim for liability arising from the sole negligence or willful misconduct of City, its officers, agents, or employees, who are directly responsible for City. 9. MISCELLANEOUS PROVISIONS. 9.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the Developer within 10 days of execution. Written Amendments approved by the parties, and any cancellation, shall be similarly recorded. 9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. This agreement supersedes any and all prior agreements whether oral or in writing. Any amendment or modification to this Agreement must be made in writing and signed by the Mayor of the City of Baldwin Park and the Developer. Without both signatures on a modification or amendment, the amendment or modification is invalid and has no force or effect. 9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this agreement, which is to allow the Project to be permitted and operated and to provide the Development Fee to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 9.4 Interpretations and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non -drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 9.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.6 Singular and Plural. As used herein, the singular of any word includes theplural. 9.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.9 No Third -Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties, as well as their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.10 Force Majeure. Notwithstanding the contrary herein, neither party shall be deemed to be in default where failure or delay in the performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the parry's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event. 9.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance of the covenants to be performed hereunder by such benefited party. 9.12 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and shall have the same effect as if all of the parties had executed the same instrument. 9.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 9.14 Covenants Not To Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable and 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. 9.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private activity, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. City agrees that by its approval of and the entering into of this Agreement, that it is not taking any action that would transform this private Project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit that would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement. 9.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it. 9.18 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such Party, if not an individual, 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 of this Agreement does not violate any provision of any other agreement to which such Party is bound. 9.19 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or celtified, postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party: To City: City of Baldwin Park 14403 Pacific Ave. Baldwin Park, CA 91706 Attn: City Manager With Copy To: Robert Tafoya, Esq. Baldwin Park, City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 To Developer: Lamar Central Outdoor, LLC 1121 S. Boyle, Suite 201 Los Angeles, CA 90023 Attn: Ray Baker, Vice President & General Manager With Copy to: Stream Kim Hicks Wrage & Alfaro 3403 Tenth Street, Suite 700 Riverside CA 92501 Attn: Ted Stream, Esquire 9.20 Non -liability of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 9.21 No Brokers. City and Developer represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee. 9.22 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease. SIGNATURES ARE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above. CITY OF BALDWIN PARK By: Manuel Lozano Its: Mayor - ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney "DEVELOPER" LAMAR CENTRAL OUTDOOR, LLC By: Ray Baker Its: Vice -President & General Manager EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT: 6,7 SUBD: EL MONTE WALNUT PLACE LICENSED SURVEYOR'S MAP AS PER BK 21 P 48 OF L S EX OF ST LOTS 6 AND LOT 7 APN: 8558-032-018 Exhibit C SCOPE OF DEVELOPMENT INCLUDING SIGN PLANS Developer and City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following: 1. Project. Developer shall construct the New Digital Billboard in accordance with the terms of this Agreement. The New Digital Billboard consists of one (1) approximately 65 feet tall, "bulletin" size freeway - oriented billboard with a total of two (2) digital displays (each display measuring 14' x 48') within the Site. In addition, Developer agrees to install, at no cost to City, a sign with the name "City of Baldwin Park" that is visible to and facing in both directions to 1-10. 2. Building Fees. Developer shall pay all applicable City building fees, as described in this Agreement, at the time that a building permit is issued for the installation of the New Digital Billboard on the Site. 3. Maintenance and Access. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the following: (a) Maintenance and repair of the New Digital Billboard and Site (where authorized pursuant to the 1-10 Freeway Site Lease) including but not limited to, the displays installed thereon, and all related on-site improvements, easements, rights-of-way at its sole cost and expense. Developer's maintenance and repair obligation shall include, without limitation, maintaining any poles, lighting, signs and walls in good repair and free of graffiti, rubbish, debris and other hazards to persons using the same. Developer shall maintain and repair the New Digital Billboard in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over the Site unless those federal, State, and local bodies have an exception for a legal nonconforming use. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal related to the Project; (ii) replacement of any fixtures, equipment or property damaged by the Project to the extent required by this Agreement or applicable law; (iii) the ongoing maintenance by the Developer of any access points to the New Digital Billboard to minimize dust caused by the Project; and (iv) the repair, replacement and repainting of the New Digital Billboard structures and displays as necessary to maintain such billboards in good condition and repair. (b) Maintenance of the New Digital Billboard Site (where authorized pursuant to the I- 10 Freeway Site Lease) in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance of the New Digital Billboard such as to be detrimental to the public health, safety or general welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within three hundred (300) feet of the 1-10 Freeway Site. 4. Other Rights of City. In the event of any violation or threatened violation of any of the provisions of this Exhibit "B," then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions of this Agreement, the City shall have the right, after complying with Section 5.3 of this Agreement, (i) to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Paragraph 3 above (subject to the execution of a permit or other instrument to enter in form reasonably acceptable to the owner of the Site) and charging Developer for any actual maintenance costs incurred in performing same, and (ii) to withhold or revoke in the manner proscribed by law, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the New Digital Billboard. 5. No City Liability. The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of this Agreement. The failure of the City to enforce this Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to the Developer, its successors, transferees or assigns, for any default or breach by the City under this Agreement. 6. Conditions of Approval. The following additional conditions shall apply to the installation of the New Digital Billboard and, where stated, on the Site, shall conform to all applicable provisions of the Baldwin Park Municipal Code and the following conditions, in a manner subject to the approval of the Planning Manager or designee: (a) A building permit will be required and structural calculations shall be prepared by a licensed civil engineer and approved by the City Building Official. (b) The Billboard shall be located in the portion of the Site as described in attached Exhibit A and as set forth herein and based on dimensions described in Section 1, above. (c) The size of each sign display of New Digital Billboard shall not exceed a maximum area of 672 square feet and shall not to exceed a maximum height of 65 feet, including all extensions, and shall be spaced at intervals that are no less than 500 feet from any other billboard on the same side of the freeway and measured parallel to the freeway as depicted in the Sign Plans set forth herein and approved by the City as part of the Development Approvals. (d) Plans and specifications for the proposed installation of the New Digital Billboard, including all utility plans, shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of building permits. (e) Prior to the approval of the final inspection, all applicable conditions of approval and all mandatory improvements shall be completed to the reasonable satisfaction of the City. (f) Developer shall maintain the Site and use thereof in full compliance with all applicable codes, standards, policies and regulations imposed by the City, County, State or federal agencies by any duly and valid city, county or state ordinance with jurisdiction over the facilities, unless the Project is exempted as a legal nonconforming use. (g) Developer shall, at all time, comply with the approval for the New Digital Billboard from the California Department of Transportation Outdoor Advertising Division and shall maintain acceptable clearance between proposed billboards and Southern California Edison distribution lines. (h) The Developer shall pay any and all applicable fees due to any public agency pertaining to the New Digital Billboard prior to the final issuance of the building permits. (i) The activities proposed in this Agreement shall be conducted completely upon the Site and shall not use or encroach on any public right-of-way. (j) Developer shall ensure that all access to the New Digital Billboard is kept restricted to the general public to the extent permitted under local laws and by the 1-10 Freeway Site Lease. (k) Developer shall comply with all necessary NPDES requirements pertaining to the proposed use, to the extent applicable. (1) All graffiti shall be adequately and completely removed or painted over within 48 hours of notice to Developer of such graffiti being affixed on New Digital Billboard. (m) Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot- candles limitation over ambient light levels at 250 feet, and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City's Planning Manager or designee with a designated Developer employee's phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week. (n) In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, upon receiving notice of the malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected. EXHIBIT "B" DEPICTION/SITE PLAN OF PROJECT � v/nG/mm mvewue � _-_-_'_-_-_-___-_--- �-��' Attachment #3 Initial Study & Mitigated Negative Declaration FOR THE JANUARY 25, 2022 Prepared for: City of Baldwin Park - Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Prepared by: De Novo Planning Group 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 (916) 580-9818 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Table of Contents 1.0 INTRODUCTION.................................................................................................................................1 2.0 PROJECT DESCRIPTION......................................................................................................................3 3.0 ENVIRONMENTAL CHECKLIST FORM..............................................................................................12 4.0 ENVIRONMENTAL ANALYSIS...........................................................................................................15 4.1 Aesthetics....................................................................................................................................15 4.2 Agriculture and Forestry Resources............................................................................................24 4.3 Air Quality................................................................................................................................... 26 4.4 Biological Resources....................................................................................................................29 4.5 Cultural Resources...................................................................................................................... 32 4.6 Energy......................................................................................................................................... 34 4.7 Geology and Soils........................................................................................................................36 4.8 Greenhouse Gas Emissions.........................................................................................................40 4.9 Hazards and Hazardous Materials..............................................................................................43 4.10 Hydrology and Water Quality.....................................................................................................46 4.11 Land Use and Planning................................................................................................................49 4.12 Mineral Resources......................................................................................................................51 4.13 Noise........................................................................................................................................... 52 4.14 Population and Housing..............................................................................................................56 4.15 Public Services.............................................................................................................................57 4.16 Recreation...................................................................................................................................59 4.17 Transportation............................................................................................................................ 60 4.18 Tribal Cultural Resources............................................................................................................ 63 4.19 Utilities and Service Systems......................................................................................................65 4.20 Wildfire........................................................................................................................................67 4.21 Mandatory Findings of Significance............................................................................................69 5.0 REFERENCES....................................................................................................................................71 6.0 REPORT PREPARATION PERSONNEL...............................................................................................74 Appendix A — Sign Lighting Study Appendix B —Approved Plans Appendix C —Tribal Consultation Letters January 2022 Page i Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 1.0 INTRODUCTION This Initial Study (IS) / Mitigated Negative Declaration (MND) evaluates the Virginia Avenue Digital Billboard Project (hereafter, "Project") proposed by Lamar of Los Angeles (hereafter, "Project Applicant"). The Project is proposed on the northern portion of a parcel (hereafter "Project site") located at 1529 Virginia Avenue, and immediately south of Interstate 10 in the City of Baldwin Park, Los Angeles County, California. The Project Applicant proposes to construct and operate a dual -faced, digital/light emitting diodes (LED) billboard with associated infrastructure connections on the Project site. Under existing conditions, the property is fully developed with a commercial/industrial use (i.e., Industrial Powder Coatings) to which the Project would contribute additional development in the form of a billboard. 1.1 Purpose of this Document The Project is the subject of analysis in this document pursuant to the California Environmental Quality Act (CEQA). The content of this MND complies with all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.). CEQA is a statewide environmental statute contained in Public Resources Code §§21000-21177 that applies to most public agency decisions to carry out, authorize, or approve actions that have the potential to adversely affect the environment. CEQA requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environment, the agency must inform itself about the project's potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment. As defined by CEQA Guidelines §15367, the City of Baldwin Park is the Lead Agency for the proposed Project. "Lead Agency" refers to the public agency that has the principal responsibility for carrying out or approving a project. One discretionary approval is required of the City of Baldwin Park to implement the proposed Project: a Development Agreement between the Project Applicant and Lead Agency. Administrative approvals would consist of the issuance of a building permit. These actions and other approval actions required of the City of Baldwin Park and/or other governmental agencies to fully implement the proposed Project are described in more detail in Section 2.0, Project Description. If this MND is approved by the City of Baldwin Park, Responsible and Trustee agencies with approval authorities over the Project can use this MND as the CEQA compliance document as part of their decision-making processes. 12 CEQA Requirements for Mitigated Negative Declarations A MND is a written statement by the Lead Agency briefly describing the reasons why a proposed project, which is not exempt from the requirements of CEQA, will not have a significant effect on the environment and therefore does not require preparation of an Environmental Impact Report (EIR) (CEQA Guidelines §15371). The CEQA Guidelines require the preparation of a MND if the Initial Study prepared for a project identifies potentially significant effects, but: 1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed MND and Initial Study are released for public review would avoid or mitigate the effects where clearly no significant effects would occur; and 2) there is no substantial evidence, in light of the whole record before the Lead Agency, that the project as revised may have a significant effect on the environment (CEQA Guidelines §15070[b]). January 2022 Page 1 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 13 Format and Content of this Mitigated Negative Declaration The following items comprise the MND in its entirety: 1) This document, including all Sections. Section 3.0 contains the completed Environmental Checklist/Initial Study and Section 4.0 contains the proposed Project's associated analyses, which documents the evidence relied upon to support the findings and conclusions of the Initial Study. 2) The Mitigation Monitoring and Reporting Program (MMRP), which lists the mitigation measures that the City of Baldwin Park has identified and imposed on the proposed Project to ensure that the Project's environmental effects are reduced to less -than -significant levels. The basis for the MMRP is found in the Environmental Checklist/Initial Study. The MMRP also indicates the required timing for the implementation of each mitigation measure, identifies the parties responsible for implementing and/or monitoring the mitigation measures, and identifies the level of significance following the incorporation of mitigation 3) One technical report is attached as Technical Appendix A. This report is also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines §15150. A. Sign Lighting Study, prepared by Daktronics, and dated December 11, 2020 4) Approved plans (elevations and colored renderings) are attached as Technical Appendix B. These plans are also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines §15150. A. Sign Elevations, prepared by RMG Outdoor Inc., and dated March 27, 2020 B. Sign Colored Renderings, prepared by Equity Sign Group, and dated July 8, 2020 5) Tribal consultation letters are attached as Technical Appendix C. 1A Preparation and Processing of this Mitigated Negative Declaration The City of Baldwin Park, Community Development Department, directed and supervised the preparation of this MND. Although prepared with assistance of the consulting firm De Novo Planning Group, the content contained within and the conclusions drawn by this MND reflect the sole independent judgment of the City of Baldwin Park. This MND and a Notice of Intent (NOI) to adopt the MND will be distributed to the following entities for a 30 -day public review period: 1) organizations and individuals who have previously requested such notice in writing to the City of Baldwin Park; 2) direct mailing to the owners of property contiguous to the Project site as shown on the latest equalized assessment roll; 3) responsible and trustee agencies (public agencies that have a level of discretionary approval over some component of the proposed Project); 4) the County of Los Angeles Clerk; and 5) the California Office of Planning and Research, State Clearinghouse, for review by State agencies. The NO1 identifies the location(s) where the MND and its associated MMRP and Technical Appendices are available for public review. In addition, notice of the public review period also will occur via posting of a notice at City Hall (14403 East Pacific Avenue), via standard mailing to property owners located within a 300 -foot radius of the Project site, and publication in a newspaper of general circulation in the Project area. The NOI also establishes a 30 -day public review period during which January 2022 Page 2 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration comments on the adequacy of the MND document may be provided to the City of Baldwin Park, Community Development Department. Following the 30 -day public review period, the City of Baldwin Park will review any and all comment letters received and determine whether any substantive comments were provided that may warrant revisions to the MND document. If substantial revisions are not necessary (as defined by CEQA Guidelines §15073.5(b)), then the MND will be finalized and forwarded to the City of Baldwin Park Planning Commission for review as part of their deliberations concerning the proposed Project. A public hearing(s) will be held before the City's Planning Commission to consider the proposed Project and the adequacy of this MND. Public comments will be heard and considered at the hearing(s). If the MND is approved by the Planning Commission, the Project would be recommended for approval to the City of Baldwin Park City Council. If approved, City Council would adopt findings relative to the Project's environmental effects as disclosed in the MND and a Notice of Determination (NOD) will be filed with the County of Los Angeles Clerk. 2.0 PROJECT DESS I TI 2.1 Project Location The Virginia Avenue Digital Billboard Project (Project) site is located in the City of Baldwin Park within the County of Los Angeles; refer to Figure 1, Regional Vicinity. The City of Baldwin Park is located in the south- central portion of Los Angeles County and is bordered to the north by the City of Irwindale, to the east by the City of West Covina, to the south by the City of Industry and unincorporated Los Angeles County, and to the west by the City of EI Monte. The Project site is located at 1529 Virginia Avenue, Baldwin Park (APN 8558-032-018), abutting Interstate 10 (1-10) to the north; refer to Figure 2, Project Location, and Figure 3, Site Plnn. Regional access to the site is provided via the Harbor Freeway (Interstate [1] 110) to the north. Local access to the site is provided primarily from Virginia Avenue. 2.2 Existing Setting EXISTING SITE USES As shown on Figure 3: Site Plan, under existing conditions, an existing commercial/industrial building occupied by Industrial Powder Coatings is located within the Project site. A small asphalt -paved parking lot and storage area is located surrounding the commercial building. The north -central portion of the Project site, where the proposed billboard would be installed, is asphalt -paved. A grassy strip of land separates the Project site from the 1-10 freeway corridor. GENERAL PLAN AND ZONING The Project site is designated "Commercial/Industrial (Cl)" by the City's General Plan Land Use Map. The Project site is zoned "Industrial Commercial (I -C)". The 1-C zoning designation is intended to provide areas for the development of industrial parks, office complexes and light manufacturing businesses. (Baldwin Park, 2020, § 153.050.010) No General Plan land use amendment or zoning change is proposed or required. January 2022 Page 3 Virginia Avenue Digital Billboard Project Initial Study/mitigated Negative Declaration SURROUNDING LAND USES As shown on Figure 3: Site Plan, the Project site is bounded on the north by the 1-10 freeway and an associated high freeway sound wall; on the south by Virginia Avenue, south of which is a single-family residential neighborhood; on the west by an existing commercial/industrial building occupied by Industrial Powder Coatings; and on the east by an In -N -Out Company Store. Additional commercial uses are located to the south of the project site, including House of Lumber Plywood and Hardware. 2.3 Project Characteristics The Project evaluated in this MND is proposed by Lamar of Los Angeles (the "Project Applicant") and is referred to as "Virginia Avenue Digital Billboard Project." The Project Applicant is proposing to install and operate an approximately 90 -foot tall digital billboard, located at 1529 Virginia Avenue, on a developed industrial parcel within the City of Baldwin Park, adjacent to the 1-10 freeway corridor. As shown in Figures 2 and 3, the Project is located on a developed property that abuts the southern edge of the 1-10 freeway, in the southeastern portion of the City of Baldwin Park. The proposed Project involves the construction of a dual -faced, digital/LED billboard with associated infrastructure connections. As shown on in Figure 3, Site Plan, the Project Applicant proposes to construct the billboard on the north - central portion of the triangle -shaped site. Project operation would include displaying of alternating LED advertisements on either of side of the billboard. The Project does not propose to alter the existing on- site commercial building (occupied by Industrial Powder Coatings). The operational characteristics of the Project are not expected to change the characteristics of the existing Project site in any way that could result in reasonably foreseeable environmental effects. 2,4 Project -Related Approvals CALTRANS OUTDOOR ADVERTISING (ODA) DISPLAY PERMIT (CALTRANS) Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outdoor advertising displays located adjacent to freeways and highways identified on the National Highway System. The Project proposes to develop a digital, dual - faced billboard adjacent to the 1-10 freeway; therefore, the Project would be subject to approval of an Outdoor Advertising (ODA) Display Permit by Caltrans. The ODA Display Permit would assure that certain location and design features of the Project would be met, including, but not limited to, the following: • The billboard must be located outside the right-of-way of any highway; • There must be an existing business activity within 1,000 feet of the proposed billboard; The digital billboard must be 1,000 feet from any other digital billboard; • The digital billboard must be 500 feet from any other static billboard; and • The maximum display area is set at 25 feet in height by 60 feet in length. (Caltrans, 2021) The approval of the ODA Display Permit Application, in and of itself, would not lead to a physical change in the environment other than the foreseeable changes inherit of the construction and operation of the proposed billboard Project described in this document. REQUESTED ENTITLEMENTS The Project requests approval of the following entitlements: January 2022 Page 4 Virginia Avenue Digital Billboard Project * Development Agreement between the City and the Developer to install a digital billboard within the corridor of an interstate freeway (1-10 freeway); * Building Permit (City ofBaldwin Pad8; 0 Approval of a development/design plan pursuant to the Outdoor Advertising Act (Caltrans) January 2022 Page Legend * Sign Location County Boundary 47 0 2% 5 Miles VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT BALDWIN PARK, CALIFORNIA Figure 1. Project Regional Location g"'m Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page Legend * Sign Location N ml IMMA City of Baldwin Park r — — 1 0 250 500 J Other Incorporated Areas Feet VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT BALDWIN PARK, CALIFORNIA Figure 2. Project Location 11 , N P G, . GREEN ... ... ..... .. Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page Profile Views — - 'w pY = VIRGINIAAVENUE See loet Mai for a — DIGITAL BILLBOARD PROJECT p VtT7 S BALDWIN PARK, CALIFORNIA PJ4 } y Fi10 gure 3. Site Plan - }y{4y t'.Y r Lege d ---------- --------- r Project Parcelc Other Parcels r � � r > ma` g { �A) oe./ A'' Inset Map V>r PROPOSED n � I � q SIGN f/ I X F` D STING HALL—� } y// r i ! J e / A tXlSil G f3U L TIG 41 0 10 20 / '' > >F ' t1111T111 suPrn'L Feet >' F > > IM MEN ,.,,,, ,�, erUt, un .-7 ., rrCt b, +et n .. rnb 't -r,; o. / r >H _ , ,, .. ^.���• Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 11 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 3.0 ENVIRONMENTAL N I T FORM 1. Project Title: Virginia Avenue Digital Billboard 2. Lead Agency Name and Address: City of Baldwin Park Community Development Dept. 14403 East Pacific Avenue Baldwin Park, CA 91706 3. Contact Person and Address: Melissa Chipres Associate Planner City of Baldwin Park, City Planner 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: melissac@baidwinpark.com 4. Project Location: 1529 Virginia Avenue, Baldwin Park, California 5. Project Sponsor's Name and Address: Lamar of Los Angeles 1121 S. Boyle Avenue Suite 201 Los Angeles, CA 90023 6. General Plan Designation: Commercial/industrial (CI) 7. Zoning: Industrial Commercial (I -C) 8. Description of the Proposed Project: See Section 2.3. 9. Surrounding Land Uses and Setting: See Section 2.2. 10. Other public agencies whose approval is required: Caltrans for approval of a development/design plan pursuant to the Outdoor Advertising Act 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? At the time this Initial Study was made available for public review, one request for consultation has been received (by the Gabrieleno Band of Mission Indians — Kizh Nation). A tribal representative from the Gabrieleno Band of Mission Indians — Kizh Nation is anticipated to be present during some or all of the Project construction activities. January 2022 Page 12 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Significant With Mitigation Incorporated" asindicated bythe checklist nnthe following pages. DETERMINATION On the basis of this initial evaluation: Aesthetics Agriculture and Forestry Resources NEGATIVE DECLARATION will be prepared. Air Quality I find that although the proposed Project could have a significant effect on the environment, there will Biological Resources X, Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions ENVIRONMENTAL IMPACT REPORT is required. Hazards and Hazardous 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 Materials Hydrology and Water Quality Land Use and Planning REPORT is required, but it must analyze only the effects that remain to be addressed. Mineral Resources I find that although the proposed Project could have a significant effect on the environment, because all Noise Population and Housing Public Services that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. Tribal Cultural Recreation Transportation Resources Utilities and Service Systems Wildfire Mandatory Findings of DETERMINATION On the basis of this initial evaluation: CITY OF Baldwin Park January 2022 Page 13 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 x 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. 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. 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. CITY OF Baldwin Park January 2022 Page 13 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration EVALUATION OF ENVIRONMENTAL IMPACTS The environmental analysis in this section is patterned after CEQA Guidelines Appendix G. An explanation is provided for all responses with the exception of "No Impact" responses, which are supported by the cited information sources. The responses consider the whole action involved, including on- and off-site project level and cumulative, indirect and direct, and short-term construction and long-term operational impacts. The evaluation of potential impacts also identifies the significance criteria or threshold, if any, used to evaluate each impact question. If applicable, mitigation measures are identified to avoid or reduce the impact to less than significant. There are four possible responses to each question: • Potentially Significant Impact. This response is appropriate when there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries, upon completion of the Initial Study, an EIR is required. • Less than Significant With Mitigation Incorporated. This response applies when the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact". The Lead Agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. • Less than Significant Impact. A less than significant impact is one which is deemed to have little or no adverse effect on the environment. Mitigation measures are, therefore, not necessary, although they may be recommended to further reduce a minor impact. • No Impact. These issues were either identified as having no impact on the environment, or they are not relevant to the project. January 2022 Page 14 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.0 ENVIRONMENTALANALYSIS 4.1 Aesthetics a. Have a substantial adverse effect on a X scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible X vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d. Create a new source of substantial light or glare which would adversely affect day or X nighttime views in the area? X Existing Visual Setting As depicted on Figure 3, Site Plan, under existing conditions the Project site is fully developed. The southwest portion of the Project site is developed with an existing commercial building that is currently occupied by Industrial Powder Coatings. A small asphalt -paved parking lot and storage area is located surrounding the commercial building. The north -central portion of the Project site, where the proposed billboard would be installed, is asphalt -paved. A grassy strip of land and a high concrete wall separates the Project site from the 1-10 freeway corridor. The proposed Project evaluated herein entails the construction of a dual -faced digital billboard on the north -central portion of the Project site. Public views of the Project site are available primarily from motorists traveling along the 1-10 freeway, and motorists and pedestrians traveling along Virginia Avenue. The visual character of the 1-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, cement dividers located along the center and shoulder of the 1-10, and large street trees. As shown on Figure 4, Visual Simulations, views of the southwest corner of the Project site experienced from the 1-10 corridor consists of the frontage of the commercial building and nearby palm trees. Views of the Project site from Virginia Avenue include frontage views of the commercial building, asphalt parking lot, and vegetation. Nonetheless, impacts to private views are not a subject of consideration in this MND because the City does not have any ordinances or policies in place that protect views from privately -owned property. January 2022 Page 15 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. The Project site is located in a low-lying, valley floor in the southern portion of the City. The City of Baldwin Park General Plan does not identify or discuss scenic vistas throughout the City; however, the nearest potential scenic vistas within the vicinity include views of the San Gabriel Mountains, approximately 6.3 miles to the north, and the Hacienda Hills, approximately 3.3 miles to the southwest. These distant landforms are prominently visible from the Project site's vicinity on clear days but not under typical conditions due to atmospheric haze that is common throughout the region. With mandatory compliance with the City of Baldwin Park Municipal Code requirements for billboard signage, Project -related development would not adversely affect views of the San Gabriel Mountains from nearby public viewing areas on clear days when the mountains are visible because the maximum height of the billboard would reach approximately 90 feet above ground and would not result in obstruction of, or substantially detract from, public views of the mountains along the horizon. Because public views of the San Gabriel Mountains would still be available from public viewing areas surrounding the Project site and the proposed digital billboard would be substantially lower in height (90 feet above existing grade), compared to the approximate 10,000 -foot peak height of the mountain range, the Project would not have a substantial adverse effect on the public views of the surrounding mountains. Accordingly, the Project would result in a less -than -significant impact on the San Gabriel Mountains scenic vista. (USGS, 2004) Based on the foregoing analysis, the future development of a billboard on the north -central portion of the Project site would not have a substantial adverse effect on scenic vistas, and a less -than -significant impact would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Implementation of the proposed Project would not damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. The Project site is not visible from a State scenic highway. Therefore, there is no potential for impacts to occur. Under existing conditions, the entirety of the Project site is developed, and no trees or rock outcroppings are located within the northwestern portion of the Project site proposed to be developed with the digital billboard. Accordingly, the Project would not entail the damage or removal of any trees or rock outcroppings. Additionally, the Project has no potential to damage historic buildings, as none occur on the Project site under existing conditions. Caltrans does not officially designate any scenic highways within the City of Baldwin Park or within the vicinity of the Project site, including the segment of the 1-10 freeway located to the immediate north of the Project site (Caltrans, 2011). Accordingly, the proposed Project has no potential to damage scenic resources within a State scenic highway and no impact would occur. C) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? January 2022 Page 16 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Less Than Significant Impact. The Project Applicant proposes to construct and operate a digital, dual - faced billboard on the north -central portion of the Project site. The Project site and the surrounding area is fully urbanized and developed with commercial and freeway -oriented land uses. The visual character of the 1-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, cement dividers located along the center and shoulder of the 1-10, large street trees, various commercial signage posts, chain-link fencing, and lighting posts located along adjacent roadways and parking lots. Therefore, the installation and operation of a digital billboard on the site is conducive with the commercial nature of the Project area and environs located adjacent to the freeway corridor. The Project does not propose to alter the existing buildings and landscaping features on the Project site. City staff is required to review the proposed design of the billboard as part of the approval process, and design parameters will be imposed by the City based on Section 153.170 of the Zoning Code (Sign Regulations). Thus, the Project would be consistent with the commercial character of the area, and would not result in the substantial degradation of the existing visual character or quality of the site and its surroundings. Accordingly, a less -than -significant impact would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. Under existing conditions, the Project site is developed with commercial land uses. Exterior lighting is present within neighboring commercial areas to the south, east, and west of the Project site. Lighting posts are located within roadways and parking lots adjacent to the 1-10 corridor in the vicinity of the Project site. The proposed Project would result in an increase in ambient light generation via the projection of images on an LED interface that would be visible to motorists traveling on the 1-10 freeway. Due to the height of the billboard (87 feet), all or a portion of the LED display also would be visible from nearby properties, including the residential neighborhoods nearby (see Appendix B for sign elevation). Light measurements utilize foot-candles as a unit of lighting intensity, which is the amount of light produced by a single candle when measured from one foot away (for reference, a 100 -watt light bulb produces 137 foot-candles at one foot away). According to the Project's lighting study prepared by Daktronics (included herein as Technical Appendix A), and as shown on Figure 5, Billboard Lighting Intensity, due to the lighting direction and intensity of the proposed billboard, residential areas within the vicinity of the Project site would experience a nearly undetectable increase in ambient light as a result of the operation of the proposed digital billboard. Ambient light levels within residential neighborhoods are more heavily impacted by porch lights and landscape lights than the lighting that would be produced by the proposed billboard. Additionally, City of Baldwin Park Municipal Code § 153.170, regulates the operation of digital billboards with respect to illumination. As shown on Figure 5, Billboard Lighting Intensity, the lighting study demonstrates that the illumination produced by the proposed billboard would not exceed 0.2 foot candles at 250 feet at any angle from its west -facing or east -facing sides. Furthermore, the billboard would be required to be equipped with a light sensing device that would automatically adjust the billboard's brightness in order to meet the light intensity requirement with respect to changes in ambient light conditions. Compliance with the aforementioned requirements and the requirements of § 153.170 of the City's Municipal Code would ensure that the Project does not result in substantial light and/or glare impacts. January 2022 Page 17 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Aesthetics: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts associated with aesthetics. Therefore, no mitigation measures are required. January 2022 Page 18 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 19 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 21 Legend Project Parcel Calculations are based on red, green, and blue LEDs (white content) powered to their maximum potential for nighttime viewing. Values are shown in footcandles (fc.) - Display at 3% Maximum Daytime Brightness - Calculations take into account overall height of 87' - Any rise or fall in elevation or physical blockage is not shown in calculations 0 100 200 Feet VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT BALDWIN PARK, CALIFORNIA Figure 5. Billboard Lighting Intensity Ili Hann i RiGroup Pt.aApuh 6 i mei%Yy, 3Y R A, t I�JYl)tk l'l$.tB �Ii'Ytt Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 23 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a2 Agriculture and Forestry Resources a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland X 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 X contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 1222(g)) or X timberland (as defined in Public Resources Code section 4526)? d. Result in the loss of forest land or IX conversion of forest land to non -forest use? e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use or conversion of forest land to non -forest use? 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? No Impact. The City of Baldwin Park is mostly built -out and does not contain any significant agricultural resources. According to mapping conducted by the CDC as part of the Farmland Mapping & Monitoring Program (FMMP), the Project site is identified as containing "Other Land." The Project site and surrounding areas do not contain any soils mapped by the CDC as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. (CDC, 2021) Accordingly, implementation of the proposed Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Thus, no impact would occur and no mitigation is required. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project site and areas to the south and west are zoned Industrial Commercial (I -C) Properties located to the north and east of the Project site are zoned as Freeway Commercial (F -C). There are no existing or proposed agricultural zoning designations affecting the Project site or surrounding area. January 2022 Page 24 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration As such, the Project has no potential to conflict with agricultural zoning designations, and no impact would occur. According to information available from the California Department of Conservation (CDC), there are no agricultural lands subject to a Williamson Act Contract within the City of Baldwin Park (CDC, 2021). Accordingly, the proposed Project would not conflict with a Williamson Act contract. No impact would occur and no mitigation is required. C) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site and surrounding areas are developed with commercial and industrial uses under existing conditions. There are no forest resources on the Project site or within the vicinity of the Project site. There are no lands within the City of Baldwin Park, including the Project site and properties surrounding the Project site, that are zoned for forest land, timberland, or timberland zoned Timberland Production (Baldwin Park, 2002a, Fig. LU -6). Accordingly, the proposed Project has no potential to impact properties zoned for forest land, timberland, or timberland zoned Timberland Production. As such, no impact would occur and no mitigation is required. d) Result in the loss of forest land or conversion of forest land to non forest use? No Impact. The City of Baldwin Park, including the Project site and properties surrounding the Project site, does not contain any forest lands. Under existing conditions, the Project site is developed with commercial uses and contains only limited ornamental landscaping. Accordingly, the proposed Project has no potential to result in the loss of forest land or the conversion of forest land to non -forest use. No impact would occur and no mitigation is required. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non forest use? No lmpact. As indicated in the analyses presented above under Thresholds a) through d), the Project site and surrounding areas do not contain any lands that are used for farmland or forest land. Accordingly, the proposed Project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or the conversion of forest land to non -forest use. Thus, no impact would occur and no mitigation is required. Agriculture and Forestry Resources: Mitigation Measures The Project would result in no impact to agriculture and forestry resources. Therefore, no mitigation measures are required. January 2022 Page 25 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 43 Air Quality a. Conflict with or obstruct implementation of the applicable air quality pian? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under X an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial X pollutant concentrations? d. Result in other emissions (such as those leading to odors) adversely affecting a X substantial number of people? /1 Criteria pollutants are pollutants that are regulated through the development of human health -based and/or environmentally -based criteria for setting permissible levels. Criteria pollutants include ozone (03), nitrogen oxides (NOx), volatile organic compounds (VOCs), particulate matter less than 10 microns (PM1o), particulate matter less than 2.5 microns (PMz.$), sulfur dioxide (SOA carbon monoxide (CO), reactive organic gases (ROGs), and lead. The Project site is located within the South Coast Air Basin (SCAB), a 6,745 -square mile sub -region of the South Coast Air Quality Management District (SCAQMD). The SCAB is bound by the Pacific Ocean to the west; the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, respectively; and the San Diego County line to the south. a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet State and Federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions and accommodate growth. The most recent AQMP (2016) was adopted by the SCAQMD Governing Board. The SCAQMD established criteria for determining consistency with their AQMP, which are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD CEQA Air Quality Handbook and are discussed below. Consistency Criterion No. 1: A proposed project would not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of the AQMP's air quality standards or the interim emissions reductions. • Consistency Criterion No. 2: A proposed project would not exceed the AQMP's assumptions or increments based on the years of the project build -out phase. January 2022 Page 26 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Implementation of the proposed Project would entail the installation of a digital billboard, the construction and operation of which would not result in an increase in the frequency or severity of existing air quality violations, nor would it rause or contribute to new violations that would inhibit attainment of air quality standards specified inthe ADMP. Construction and installation are anticipated tooccur over a 2'3 day period, and would not result in the generation nfemissions that would exceed the S[AQMD'o adopted thresholds for construction emissions. Operation of the project would not result in any direct emissions of criteria pollutants, and the project would not generate additional vehicle trips or vehicle miles traveled. As such, the project would not result in mobile source emissions. Operation of the billboard would require a negligible amount of electricity to be used, but at an amount that would not generate notable emissions of criteria pollutants. Additionally, the proposed Project would not affect any regional population, housing, and employment projections prepared for the City of Baldwin Park by 3CAG, and therefore vvuu|d not exceed the assumptions in the AQMP. As a result, the proposed Project vvuu|d not conflict with, or obstruct the implementation of, the applicable air quality plan and no impacts would occur. b) Result in a cumulatively considerable net increase of any criteria pollutantfor which the project region is non-attainment under an applicable federal or state ambient air quality standard? Impact.Less Than Significant Air quality impacts/emissions associated with a project can be placed into two categories: temporary (short-term) or long-term emissions. Temporary (short-term) emissions are generally associated with the demolition, grading, and construction activities of the project while long- term emissions are associated with the day-to-day operation, use, and area emissions from such activities onA'ternnenoissionsareassodatedvviththeday-to'dayuperatinn,uso,andarouemissionsfromsuchuctivities as vehicle use, consumer product use, and energy generation/consumption. The SCAB does not achieve the State of California standards for 03, PK41o, and PMzs, and also does not achieve federal standards for U3and PMzs /S[ADMD, 2813, Ch. 2\. Asa single sign project with minimal constructinnandoperationa|re|atedennioinns,theProjectxvou|dresu|tinane0|igib|e|eve|ofennissions in comparison to SCAQMD's regional thresholds of significance. Therefore, the Project would not result in acumulatively considerable net increase inemissions. Accordingly, implementation of the Project would not substantially contribute to a net increase of any criteria pollutant for which the Project region is non- attainment or is considered an 03 precursor; therefore, impacts would be less than significant and less than cumulatively considerable. 6 Expose sensitive receptors tosubstantial pollutant concentrations? Less Than Significant Impac . A^sensitive receptor" is person in the population who is particularly susceptible to health effects duo to exposure to an air contaminant than is the population at large. Sensitive receptors and associated facilities that house them in proximity to local CO sources, toxic air contaminants, or odors are ufparticular concern in the evaluation of potential pollutant concentrations. Sensitive receptors include children, the elderly, persons with preexisting respiratory urcardiovascular illness, and athletes and others who engage in frequent, heavy cardiovascular exercise. Sensitive receptors located nearest the Project site include the residences located tuthe southeast, southwest, and northeast of the Project site. As described in Threshold b), above, Project-related construction and operation would not produce emissions above the 3C4{lK4D'sregional thresholds ofsignificance. |naddition, due tothe nature ofthe Project (proposed stationary digital billboard), its trip generation would be nominal at one two-way trip approximately six to eight times per year, for billboard maintenance. A maximum ofone two-way trip January 2022 Page 27 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration approximately six to eight times per year is not significant enough to result in a CO "hntspot" that could lead toanexoeedanceofthe State's COstandards. Accordingly, nosubstantial pollutant concentrations would result from the Project's construction or operation and a less -than -significant impact to sensitive receptors would occur. d) Result in other emissions (such as those leading to odors adversely affecting o substantial number ofpeople? Less Than Significant Impac The proposed Project would involve the construction and operation of digital billboard, which is not a land use typically associated with emitting objectionable odors. Potential temporary odor sources associated with the construction of the proposed Project may result from construction equipment exhaust and the application of asphalt (if necessary for Project construction). Construction -related odor emissions would be temporary, short'term, and intermittent in nature and would cease upon completion nfthe respective phases ofconstruction. |naddition, these types ofodors are common in construction activities and are not considered to be offensive or objectionable to a large portion ofthe population. As such, odor emissions associated with construction activities is considered less than significant. The Project'oconaLruction'8enerated refuse would be stored in covered containers and removed at regular intervals in compliance with the City's solid waste regulations. The proposed Project would also be required to comply with SCADMD Rule 402 to prevent occurrences of public nuisances related Loodors. Therefore, odors associated with construction and operation of the Project would beless than significant and nomitigation isrequired. Air Quality: Mitigation Measures The proposed Project would result in less -than -significant impacts to air quality; accordingly, mitigation measures are not required. January 2022 Page 28 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4A Biological Resources 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? January 2022 Page 29 Less Than 'Potentially Significant Less Than I I No Would the project. Significant with St g nificant Impact Impact, Mitigation Impact Incorporated 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 x 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 x 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 state or federally protected wetlands (including, but not limited to, marsh, vernal pool, x 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 x 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, x 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 x approved local, regional, or state habitat conservation plan? 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? January 2022 Page 29 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration No Impact. Under existing conditions, the Project site is developed with an existing commercial building. The proposed 10 -foot by 10 -foot disturbance area of on the northwestern portion of the Project site does not contain native habitat or sensitive plant species or vegetation that serve as habitat to sensitive animal species. Accordingly, no impacts to sensitive species would occur and no mitigation measures are necessary. 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? No Impact. The Project site is developed with commercial land uses under existing conditions. The Project site does not contain riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or the USFWS. Accordingly, no impact to riparian habitat would occur. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The Project site is developed with commercial land uses and does not contain any wetlands. Accordingly, the proposed Project would have no impact 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, 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? No Impact. Under existing conditions, the Project site is developed with existing commercial building. Under existing conditions, the Project site does not provide habitat for native species, is not part of a terrestrial wildlife movement corridor, and does not serve as a native wildlife nursery site. The Project does not entail the removal of any trees or other vegetation where nesting birds may be present. Regardless, mandatory compliance with the federal Migratory Bird Treaty Act (MBIA) would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site during construction activities. Accordingly, implementation of the proposed Project would have no potential to interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or with 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? No Impact. The Project site is developed with commercial uses under existing conditions. No vegetation would be removed during the Project's construction or operation phases. Additionally, mandatory compliance with the federal MBTA would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site at the time of construction. There are no other local policies or ordinances protecting biological resources that are applicable to the proposed Project; accordingly, no impact due to a conflict with any local policies or ordinances protecting biological resources would occur as a result of Project implementation. January 2022 Page 30 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, orother approved local, regional, or state habitat conservation plan? No Impact. According to the CDFVV there are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable tu the Project site ([OFVV 2019). Accordingly, the Project has no potential to conflict with any of the above and noimpact would occur. Biological Resources: Mitigation Mea ures Implementation of the proposed Project would not result in no impact to biological resources; accordingly, mitigation measures are not required. January 2022 Page 31 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.5 Cultural Resources a. Cause a substantial adverse change in the significance of a historical resource X pursuant to § 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource X pursuant to § 15064.5? c. Disturb any human remains, including those interred outside of dedicated X cemeteries? a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? No Impact. None of the Project site's existing features are included on the National Register of Historic Places, the California Register of Historical Resources, or the California Historic Resources Information System (NPS, 2019; OHP, 2021). Thus, because the existing structure on the Project site is not on federal, State, or local lists of designated historic resources and not eligible for listing, the building is not historically significant as defined by CEQA Guidelines §15064.5 and no impact to historical resources would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Less Than Significant Impact with Mitigation incorporated. There is a remote potential for archaeological resources to be unearthed during the Project's ground -disturbing construction activities. However, given the small proposed area of disturbance and the currently disturbed condition of the proposed 10 -foot by 10 -foot area where subsurface disturbance would occur, it is highly unlikely that resources, if unearthed, would be eligible for inclusion in the California Register of Historical Resources. Although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, a potentially significant impact would occur if the resource is not properly identified and appropriately treated. Thus, mitigation is required to ensure that potentially significant archaeological resources are properly identified and appropriately treated. With implementation of Mitigation Measure MM CR -1 and MM CR -2 (see below), the Project's potential impact to archaeological resources would be reduced to levels that are less than significant. C) Disturb any human remains, including those interred outside of dedicated cemeteries? No Impact. The Project site is not known to have ever been used as a cemetery. The possibility of uncovering human remains during Project -related grading activities is also remote due to fact that the previous development of the site has substantially disturbed the subsurface of the site. Pursuant to California Health and Safety Code Section 7050.5, in the unlikely event human remains are encountered during ground -disturbing activities, no further disturbance shall occur until the County Coroner has made January 2022 Page 32 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration the necessary findings as to origin. Pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner. If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted and the NAHC must then immediately notify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendants) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Mandatory compliance with these requirements would ensure that potential impacts associated with the discovery of human remains would not occur. Cultural Resources: Mitigation Measures MM CR -1: Archaeological Monitoring. Prior to the issuance of a grading permit, the Project Applicant or construction contractor shall provide evidence to the City of Baldwin Park that the construction site supervisors and crew members involved with grading and trenching operations are trained to recognize archaeological resources, should such resources be unearthed during ground -disturbing construction activities. If a suspected archaeological resource is identified on the property, the construction supervisor shall be required by his contract to immediately halt subsurface ground -disturbing activities and seek identification and evaluation of the suspected resource by a professional archaeologist. This requirement shall be noted on all grading plans and the construction contractor shall be obligated to comply with the note. The archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 15064.5(a). If the resource is not a significant archaeological resource, further mitigation is not required. If the resource is significant, Mitigation Measure MM CR -2 shall apply. MM CR -2: Addressing Significant Archaeological Resources. If a significant archaeological resource(s) is discovered, the archaeological monitor, the Project Applicant, and the City of Baldwin Park Community Development Department shall confer regarding mitigation of the discovered resource(s) pursuant to California Public Resources Code Section 21083.2. A treatment plan shall be prepared, approved by the City of Baldwin Park Community Development Department, and implemented by the archaeologist. January 2022 Page 33 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a6 Energy a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of X energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy X efficiency? a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. The means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on renewable energy sources. In particular, the proposed Project would be considered "wasteful, inefficient, and unnecessary" if it were to violate State and federal energy standards and/or result in significant adverse impacts related to project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation. The proposed Project would use a limited amount energy resources for the operation of the digital billboard (e.g., electricity), for on -road vehicle trips 6-8 times per year for maintenance (e.g. gasoline and diesel fuel) generated by the Project (both during project construction and operation), and from off-road construction activities associated with the Project (e.g. diesel fuel). Each of these activities would require the use of energy resources. The Project would be responsible for conserving energy, to the extent feasible, and would be required to comply with Statewide and local measures regarding energy conservation, such as Title 24 building efficiency standards. The proposed Project would be in compliance with all applicable federal, State, and local regulations regulating energy usage. For example, Southern California Edison (SCE) is responsible for the mix of energy resources used to provide electricity for its customers, and it is in the process of implementing the Statewide Renewable Portfolio Standard (RPS) to increase the proportion of renewable energy (e.g. solar and wind) within its energy portfolio. SCE has achieved at least a 33 percent mix of renewable energy resources, and will be required to achieve a renewable mix of at least 50 percent by 2030. Other statewide measures, including those intended to improve the energy efficiency of the statewide passenger and heavy-duty truck vehicle fleet (e.g. the Pavley Bill and the Low Carbon Fuel Standard) are improving vehicle fuel economies, thereby conserving gasoline and diesel fuel. These energy savings would continue to accrue over time. January 2022 Page 34 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration As a result, the Project would not result in any significant adverse impacts related to Project energy requirements, energy use inefficiencies, and/or the energy intensiveness of materials by amount and fuel type for each stage of the Project including construction, operations, maintenance, and/or removal. Both SCE, the electricity provider to the site, and Southern California Gas, the natural gas provider to the site, maintain sufficient capacity to serve the proposed Project. The Project would be required to comply with all existing energy efficiency standards, and would not result insignificant adverse impacts on energy resources. Therefore, the proposed Project would not result in avvastefu|, inefficient, or unnecessary of energy resources during Project construction or operation. Impacts would be less than significant. b) Conflict with orobstruct ostate mrlocal plan for renewable energy mrenergyefficiency? Less Than Si-gnificantimpac The Project isdesigned with LED displays, which would require 16amps of operatingpovver. This level ofpower demand is considered negligible. Assuch, the Project would not conflict with orobstruct a state urlocal plan for renewable energy orenergy efficiency; impacts would be less than significant. Energy: Mitigation Measures Implementation of the proposed Project vvnu|d result in less -than -significant impacts due to energy; therefore, mitigation measures would not be required. January 2022 Page 35 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a7 Geology and Soils January 2022 Page 36 Less Than 'Potentially Significant Less Than I I No Would the project. Significant with St g nificant Impact Impact, Mitigation Impact Incorporated a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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 X or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? X 3) Seismic -related ground failure, X including liquefaction? 4) Landslides? X b. Result in substantial soil erosion or the loss X 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 X 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 X (1994), creating substantial direct or indirect risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? f. Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? January 2022 Page 36 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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. No Impact. There are no known faults on the Project site and the Project site is not located within an Alquist-Priolo earthquake fault zone (USGS, 2021). As such, there is no potential for ground rupture at the site. 2) Strong seismic ground shaking? Less Than Significant Impact. Southern California is a seismically active area and properties in the City of Baldwin Park, including the Project site, are subject to periodic ground shaking and other effects from earthquake activity along nearby and regional faults. Fault zones in the regional vicinity with the potential to cause moderate ground shaking in the City of Baldwin Park include the San Andreas Fault Zone, the Sierra Madre Fault Zone, the Newport -Inglewood Fault, the Norwalk Fault, and the Whittier Fault (USGS, 2021). Similar to all other development projects within Southern California, the Project has the potential to expose people or structures to adverse effects associated with seismic events. The Project would be required to comply with the most current California Building Code (CBC), which requires the incorporation of special structural design standards to attenuate hazards associated with credible seismic ground shaking events that are anticipated in the Project area. Compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground shaking effects are attenuated. As such, impacts would be less than significant and mitigation is not required. 3) Seismic -related ground failure, including liquefaction? Less Than Significant Impact. The Project site is located within a current mapped California Liquefaction Hazard Zone (CDC, 1999). Liquefaction typically occurs in loose granular and cohesionless soils with shallow groundwater (within approximately 50 feet below ground surface [bgs]). During an earthquake, distortion of soil mass occurs and pore pressure increases resulting in a decrease in bearing capacity. After dissipation of the excess pore pressures, the saturated soils tend to settle. According to the City's General Plan EIR, data provided by water service providers in Baldwin Park indicate that the depth to groundwater throughout the City is greater than 50 feet bgs; therefore, the potential for liquefaction hazard is low (Baldwin Park, 2002b, p. 89). Nonetheless, compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground shaking effects, that may lead to liquefaction are attenuated. As such, impacts would be less than significant and mitigation is not required. 4) Landslides? No Impact. The Project site is not located within a current mapped California Earthquake -Induced Landslide Hazard Zone (CDC, 1999). Additionally, the Project site and surrounding area is generally flat and lacking of prominent topographical features. As such, no impacts related to landslide would occur and mitigation is not required. January 2022 Page 37 Virginia Avenue Digital Billboard Project Initial Study/mitigated Negative Declaration b) Result in substantial soil erosion or the loss of topsoil? No Impact. Under existing conditions, the entirety of the Project site is developed and limited excavation would be required for installation of the billboard support column and associated utility connections. Project excavation could remove some soil from the Project site; however, excavated soil would not remain on-site and would immediately be transported to the Puente Hills Landfill, located approximately 3.5 miles southwest of the Project site. Given the currently developed character of the Project site, the limited area of disturbance, and the fact that excavated soil would not be left on-site to erode, no impacts related to soil erosion or loss of topsoil would be anticipated. Additionally, the long-term operation of the Project as a digital billboard would not result in increased erosion effects and would not increase the volume or velocity of water discharged from the site. Accordingly, no impacts related to soil erosion or loss of topsoil would occur and no mitigation is required. 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? Less Than Significant Impact. Potential landslide, lateral spreading, soil stability, and liquefaction hazards are addressed above under the discussion and analysis of Thresholds a) and b). As discussed under Thresholds a) and b), with mandatory compliance with applicable requirements and standards of the CBC, impacts due to landslides and liquefaction would be less than significant and mitigation is not required. Additionally, the entirety of the Project site is fully developed and the likelihood for the Project to be subject to unstable soils is low. The billboard column is proposed to be secured to a footing installed at a depth of approximately 42 feet bgs to ensure stability. Based on the foregoing analysis, and with mandatory compliance with the CBC requirements, the proposed Project would result in less -than - significant impacts due to unstable soil conditions that could result in on- or off-site landslides, lateral spreading, subsidence, liquefaction, and collapse. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact. The Project site is fully developed under existing conditions. Additionally, no new grading or significant excavation activities would not be required as part of the construction of the proposed billboard. The billboard column is proposed to be secured in an approximately 42 -foot deep footing to ensure stability. Accordingly, the Project would not create a substantial risk to life or property associated with expansive soils, and no impact would occur. 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? No Impact. The proposed Project is a digital billboard, and would not utilize septic tanks or alternative wastewater disposal systems. Accordingly, no impact would occur. D Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. The Project site is not known to have ever contain unique paleontological resource or contain a unique geologic feature. As such, impacts would be less than significant and mitigation is not required. January 2022 Page 38 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration GeologV and Soils: Mitigation Measures Implementation ofthe proposed Project would result in less -than -significant impacts due to geology and soils; therefore, mitigation measures would not be required. January 2022 Page 39 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a8 Greenhouse Gas Emissions a. Generate greenhouse gas emissions, either directly or indirectly, that may have a X significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse X gases? Existing Setting Various gases in the Earth's atmosphere, classified as atmospheric greenhouse gases (GHGs), play a critical role in determining the Earth's surface temperature. Solar radiation enters Earth's atmosphere from space, and a portion of the radiation is absorbed by the Earth's surface. The Earth emits this radiation back toward space, but the properties of the radiation change from high -frequency solar radiation to lower -frequency infrared radiation. Naturally occurring GHGs include water vapor (H2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and ozone (03). Several classes of halogenated substances that contain fluorine, chlorine, or bromine are also GHGs, but they are, for the most part, solely a product of industrial activities. Although the direct GHGs, including CO2, CH4, and N2O, occur naturally in the atmosphere, human activities have changed their atmospheric concentrations. From the pre -industrial era (i.e., ending about 1750) to 2011, concentrations of these three GHGs have increased globally by 40,150, and 20 percent, respectively (IPCC, 2013). Greenhouse gases, which are transparent to solar radiation, are effective in absorbing infrared radiation. As a result, this radiation that otherwise would have escaped back into space is now retained, resulting in a warming of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), ozone (03), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs). Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. In California, the transportation sector is the largest emitter of GHGs, followed by the industrial sector (California Energy Commission, 2020). As the name implies, global climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants, which are pollutants of regional and local concern, respectively. California produced 424 million gross metric tons of carbon dioxide equivalents (MMTCO2e) in 2019 (California Energy Commission, 2019). Given that the U.S. EPA estimates that worldwide emissions from human activities totaled nearly 46 billion gross metric tons of carbon dioxide equivalents (BMTCO2e) in 2010, California's incremental contribution to global GHGs is approximately 2% (U.S. EPA, 2014). January 2022 Page 40 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Carbon dioxide equivalents are a measurement used to account for the fact that different GHGs have different potential to retain infrared radiation in the atmosphere and contribute to the greenhouse effect. This potential, known as the global warming potential of a GHG, is also dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. Expressing GHG emissions in carbon dioxide equivalents takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted. Consumption of fossil fuels in the transportation sector was the single largest source of California's GHG emissions in 2014, accounting for 41% of total GHG emissions in the state. This category was followed by the industrial sector (24%), the electricity generation sector (including both in-state and out of -state sources) (15%) and the agriculture sector (8%) (California Energy Commission, 2016). Determination of Significance Thresholds In 2012, SCAQMD released a draft guidance for greenhouse gas emission thresholds for residential and commercial projects, which presents the following thresholds for evaluating GHG emissions from such projects: • Tier 1: If the project is exempt under existing statutory or categorical exemptions there is a presumption of "less -than -significant" impacts with respect to climate change. • Tier 2: If the project's GHG emissions are within the GHG budgets in an approved regional plan (plans consistent with CEQA sections 15064(h)(3), 15125(d), or 15152(s)), there is a presumption of "less -than -significant" impacts with respect to climate change. • Tier 3: Consists of screening values at the discretion of the lead agency; however, they should be consistent for all projects within its jurisdiction. Project -related construction emissions should be amortized over 30 years and should be added back the project's operational emissions. The following thresholds are proposed for consideration: 0 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year for all land use types; or 0 3,500 MTCO2e per year for residential; 1,400 MTCO2e per year for commercial; or 3,000 MTCO2e per year for mixed-use projects. • Tier 4: Does the project meet one of the following performance standards? If yes, there is a presumption of "less -than -significant" impacts with respect to climate change. o Option 1: Reduce emissions from business as usual by a certain percentage (currently undefined); o Option 2: Early implementation of applicable AB 32 Scoping Plan measures; or o Option 3: A project -level efficiency target of 4.8 MTCO2e per service population as a 2020 target and 3.0 MTCO2e per service population as a 2035 target. The recommended plan - level target for 2020 is 6.6 MTCO2e and the plan level target for 2035 is 4.1 MTCO2e. • Tier 5: Involves mitigation offsets to achieve target significance thresholds. According to the SCAQMD's proposed GHG screening threshold for stationary source emissions described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans ("SCAQMD Interim GHG Threshold"), a screening threshold of 3,000 MTCO2e per year to determine if additional analysis is required as an acceptable approach for small non -industrial projects. The City of Baldwin Park has not adopted its own numeric threshold of significance for determining impacts with respect to GHG emissions. Therefore, for purposes of analysis herein, the proposed Project may have a January 2022 Page 41 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration significant adverse impact on GHG emissions if it would generate GHG emissions that exceed the SCAQMD/sproposed 3,U0UK4TCO%eper year screening threshold for all land use types (Tier 3>. mj Generate greenhouse gas emissions, either directly or indirectly, that may have o significant impact mnthe environment? Less Than Significant Impact. Operational activities associated with the proposed Project would result in emissions of CO2, CH4, and NzO strictly from energy source emissions from the Project's electricity demand and mobile source emissions as a result ofbillboard maintenance visits (six to eight times per year). Additionally, construction activities would be minor and last approximately one week. Therefore, Project -related construction and operation would produce a negligible amount of emissions in comparison the SCAQMD's interim threshold of 3,000 MTCO2e per year. Therefore, the proposed Project xxou|dreau|tina|ess'than'si8nificantimpoc1toGHGemissions,ondmitigatinnisnotrequired. b) Conflict with an applicable plan, policy orregulation adopted for the purpose ofreducing the emissions ofgreenhouse gases? /Voimpact As discussed in Threshold a) above, the Project would not generate GHG emissions above the SCA{}MD draft screening level threshold of 3,000 K8TCO2e per year that is utilized to evaluate the significance of small non -industrial project's GHG emissions. Additionally, activities associated with the Project would be subject to all applicable federal, state, and regional requirements adopted for the purpose of reducing GHG emissions, including, but not limited to: [BS[Tit|e 24 Energy Standards (also known as Ca|Green); California Assembly Bill (AB) 1493; Executive Orders S'3'0Gand B'30'15;AB32; Senate Bill (38) 1368;3B97; S832 /3016\; and the applicable policies ofthe City's General Plan that reduce GHG emissions. There are noother plans, policies, nrregulations adopted for the purpose of reducing GHG emissions that are applicable to the Project area; therefore, the Project would have no potential to conflict with such plans, policies, or regulations. The Project would also not generate an impact with respect toThreshold b>, and no mitigation is necessary. Greenhouse Gas Emissions: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts duo to GHG emissions; therefore, mitigation measures would not berequired. January 2022 Page 42 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a9 Hazards and Hazardous Materials a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? January 2022 Page 43 Less Than Potentially Significant Less'th;an No Would the project. Significant with Significant Impact impact Mitigation Impact Incorporated a. Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, X 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 X 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 X project result in a safety hazard or excessive noise for people residing or working in the project area? f. Impair implementation of or physically interfere with an adopted emergency X response plan or emergency evacuation plan? g. Expose people or structures, either directly or indirectly, to a significant risk of loss, X injury or death involving wildland fires? a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? January 2022 Page 43 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 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? 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? Less Than Significant Impact. Implementation of the proposed Project would result in the construction and operation of a digital billboard. While construction of the proposed billboard would disturb soil, there are no known hazardous materials at the Project site and no hazardous materials would be emitted during operation of the billboard. Heavy equipment would be used during construction of the proposed Project, which would be fueled and maintained by substances such as oil, diesel fuel, gasoline, hydraulic fluid, and other liquid materials that would be considered hazardous if improperly stored or handled. Improper use, storage, or transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the proposed Project than would occur on any other similar construction site, and such impacts would be less than significant. Project maintenance may require the removal and replacement of defective LED enclosures, thereby resulting in waste from the disposal of the LED unit. However, LED bulbs are not considered toxic or hazardous and are disposed of in regular landfills. Moreover, implementation and compliance with the City of Baldwin Park Municipal Code § 153.140.030, Hazardous Materials and Waste, would further ensure that any potential impacts would be less than significant (Baldwin Park, 2020, § 153.140.030). There are no other components of the Project's proposed construction or operation characteristics that have the potential to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials. Accordingly, a less -than -significant impact would occur and no mitigation would be required. C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The Project site is not located within one-quarter mile of an existing or proposed school. The nearest school to the Project site is Tracy Elementary School located approximately 0.51 miles northwest of the Project site. Accordingly, the proposed Project has no potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur and no mitigation is required. 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 or excessive noise for people residing or working in the project area? No Impact. The nearest airport to the Project site is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County Airport Land Use Commission (ALUC), the Project site is not located within the influence area of any known airport within the County of Los Angeles (ALUC, 2012). Accordingly, no airport safety impacts would occur and no mitigation is required. D Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? January 2022 Page 44 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration No Impact. Due tothe inherent, small-scale nature and location ofthe proposed billboard on the north - central portion of the developed Project site, the Project would not physically interfere with an adopted emergency response plan oremergency evacuation plan. Additionally, all construction activities would occur on'dte,and noroadway closures would berequired. Noimpact would occur and mitigation isnot required. oJ Expose people orstructures, either directly or indirectly, tmosignificant risk mfloss, injury or death involving mildlondyres? No Impact. The City's General Plan states that because Baldwin Park is an urbanized community, structural fires rather than vvi|d|und fires represent the greatest fire risk throughout the City (Baldwin Park, 2002a, p. PS -9). The Project site is located within and is surrounded by urban built-up land. Accordingly, the proposed Project would not expose people or structures to a significant risk ofloss, injury or death invo|vingvvi|d|and fires, including where vvi|d|ondo are adjacent to urbanized areas orwhere residences are intermixed with vvi|d|ands. Noimpact would occur and nomitigation isrequired. Hazards and Hazardous Materials: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts associated with January 2022 Page 45 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.10 Hydrology and Water Quality a. Violate any water quality standards or waste discharge requirements or X otherwise substantially degrade surface or ground water quality? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project X may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river or through the addition of impervious surfaces, in a manner which would: 1) Result in substantial erosion or siltation X on- or off-site? 2) Substantially increase the rate or amount of surface runoff in a manner X which would result in flooding on- or offsite? 3) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems X or provide substantial additional sources of polluted runoff? 4) Impede or redirect flood flows? I I I X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project X inundation? e) Conflict with or obstruct implementation of a water quality control pian or sustainable X groundwater management pian? January 2022 Page 46 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Violate any water quality standards mrwaste discharge requirements mrotherwise substantially degrade surface mrground water quality? Less Than Signi Construction of the proposed Project would involve the drilling of an approximate|y42'foot deep, S'footwide borehole and the installation of materials associated with the billboard's support infrastructure. These activities could potentially result in the generation of water quality pollutants such as silt, debris, chemicals, and other solvents with the potential to adversely affect water quality. Project excavation would remove soil from the north-central portion of the Project site; however, excavated soil would not remain on-site and would immediately betransported tnthe Puente Hills Landfill, located 3.5miles southwest ofthe Project site. Given the Project's minimal impact area and the fact that excavated soil would immediately be transported off-site, no substantial physical features associated with the construction of a digital billboard would lead to erosion or substantial contribution of polluted storm water runoff that would result in violation of any water quality standards or waste discharge requirements. Additionally, because the area is already paved under existing conditions, the long-term operation of the digital billboard would not substantially increase the quantity or rate of storm water runoff nor would it substantially increase pollutant concentrations in storm water runoff from the site. Additionally, the Project would not produce wastewater discharge. Therefore, water quality impacts associated with construction and operation activities would be less than significant and no mitigation measures would be required. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management ofthe basin? No Impac . No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. Therefore, implementation of the proposed Project would not deplete groundwater supplies associated with water well withdraw. According to the City's General Plan EIR, the depth to groundwater throughout the City is greater than 50 feet below ground surface (b0d (Baldwin Park, 3002b, p. 89). The excavation required for utility connections and billboard support infrastructure would not extend greater than 50 feet b0s; therefore, groundwater is not anticipated to be encountered during construction of the Project. Under current conditions, the portion of the Project site where the billboard would be constructed is developed and capped with asphalt; accordingly, the Project would not alter the site in a manner that would interfere with groundwater recharge. In addition, the installation of the billboard vvnu|d not involve any water consumption and no net change in area-wide water consumption would occur as a result of Project implementation. Accordingly, no impacts would occur with respect to depletion of groundwater supplies orinterference with groundwater recharge. c> Substantially alter the existing drainage pattern of the site or area, including bhnmum6 the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: 1/ Result /nsubstantial erosion mrsiltation on- mrmff-site7 21 Substantially increase the rate or amount of surface runoff in a manner which would result /nflooding on- mroffsite? January 2022 Page 47 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 3) 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? 4) Impede or redirect flood flows? Less Than Significant Impact. The Project site is generally flat. With implementation of the Project, the site's existing hydrological characteristics would not be substantially altered. Under the proposed conditions, runoff within the Project site would continue to drain to the southeast to the storm drain inlets within Virginia Avenue and would not be altered by the installation or operation of a billboard in the north - central portion of the Project site. Furthermore, no streams or rivers are located on-site, and thus would not be altered as a result of Project implementation. Therefore, with installation of the proposed billboard, there would be no significant alteration of the site's existing drainage pattern and there would not be any significant increases in the rates of erosion or siltation or substantial increases in the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Impacts would be less than significant and no mitigation would be required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact. According to the Federal Emergency Management Agency, Flood Insurance Rate Map, the Project site is located within an area of minimal flood hazard.' Tsunamis are sea waves that are generated in response to large -magnitude earthquakes, which can result in coastal flooding. Seiches are the oscillation of large bodies of standing water, such as lakes, that can occur in response to ground shaking. The Project site is approximately 7 miles inland of the Pacific Ocean and there are no large bodies of standing water near the Project site. As a result, tsunamis and seiches do not pose hazards due to the Project site's inland location and lack of nearby bodies of standing water. The Project site is not located within a flood hazard, tsunami or seiche zones potentially resulting in a release of pollutants due to Project Inundation; impacts would be less than significant. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. Therefore, implementation of the proposed Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Hydrology and Water Quality: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts due to hydrology and water quality considerations; accordingly, mitigation measures are not required. ' Federal Emergency Management Agency, Flood Insurance Rate Map 06037C1795F, effective September 26, 2008, https:Hmsc.fema.gov/portal/home, accessed August 24, 2020. January 2022 Page 48 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.11 Land Use and Planning a. Physically divide an established X community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the X purpose of avoiding or mitigating an environmental effect? a) Physically divide an established community? No Impact. The 1-10 freeway traverses the City of Baldwin Park, and abuts the Project site to the north. The Project site is located within an area dominated by freeway -oriented commercial land uses that abut the south side of the 1-10 freeway where billboard structures are typical. Due to the small-scale nature of the Project (an approximately 87 -foot tall dual -faced digital billboard on an already developed site), it would not have the potential to physically divide an established community. Accordingly, no impacts would result from the Project's implementation with respect to the division of an established community. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The land use plans, policies, and regulations applicable to the proposed Project include the City's General Plan and the City's Zoning Code/Municipal Code. Each of these plans, policies, and regulations is discussed below. Analysis of Consistency with the City of Baldwin Park General Plan The City's General Plan designates the Project site as "Commercial/Industrial (Cl)" (Baldwin Park, 2002a, Fig. LU -6). The installation of a digital billboard adjacent to the 1-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large scale commercial development. Accordingly, the Project would be consistent with the City's General Plan and would not require an amendment to the City's General Plan. Analysis of Consistency with the City of Baldwin Park Zoning Code/Municipal Code Under existing conditions, the Project site is zoned "Industrial Commercial (I -C)". The I -C zoning designation is intended to provide areas for the development of industrial parks, office complexes and light manufacturing businesses. (Baldwin Park, 2020, § 153.050.010) No General Plan land use amendment or zoning change is proposed. The installation of a digital billboard within the 1-10 corridor is a land use that would be freeway -oriented and would not conflict with future or existing industrial parks, office complexes and light manufacturing businesses. January 2022 Page 49 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration In addition, the proposed Project would be required to comply with the variety of lighting, structural, and legal provisions required by Municipal Code § 153.170, all of which would be enforced as conditions of the Project's required Development Agreement or through future City review of implementing development permit applications (grading permits, building permits, etc.). Therefore, the Project would not cause adverse environmental effects and be consistent with or otherwise would not conflict with all applicable provisions of the City's Zoning Code and Municipal Code and would not require a change of zoning designation or any additional zone code amendments. Accordingly, the proposed Project would not conflict with the City of Baldwin Park Municipal Code or the City's General Plan goals and policies, and impacts would be less than significant. Land Use and Planning: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts due to land use and planning considerations; accordingly, mitigation measures are not required. January 2022 Page 50 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.12 Mineral Resources a. Result in the loss of availability of a known mineral resource that would be of value to X the region and the residents of the state? b. Result in the loss of availability of a locally - important mineral resource recovery site X delineated on a local general plan, specific plan or other land use plan? 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? No Impact. Under existing conditions, the Project site is developed with commercial/industrial uses. No mines, wells, or other resource extraction activity occurs on the property or is known to have ever occurred on the property. The City's General Plan EIR identifies the Project site as being located within "Mineral Resource Zone 2 (MRZ-2)," which is defined as an area where there is little or no likelihood for presence of significant mineral resources (Baldwin Park, 2002b, Figure 11). Additionally, the proposed Project site is not identified as a locally -important mineral resource recovery site delineated on a local general, specific plan, or other land use plan. Accordingly, no impact would occur. January 2022 Page 51 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general X plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne X vibration or groundborne noise levels? c. For a project located within the vicinity of a private airstrip or 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? Existing Noise Conditions Existing Study Area Ambient Noise Conditions X The Project site occurs in an urbanized portion of the City of Baldwin Park. Accordingly, the background ambient noise levels within the vicinity of the Project site are dominated by transportation -related noise associated with the surrounding roadway network, which includes noise from automobile and light/heavy truck activities along the 1-10 freeway. Existing Groundborne Vibration Based on the operational characteristics of the commercial uses on the site under current conditions, there are no sources of substantial groundborne vibration generated on the Project site. With the exception of groundborne vibration generated by roadway vehicle traffic along the 1-10 freeway and adjacent roadways, no sources of substantial groundborne vibration occur in the Project site's vicinity. Airport Noise and Vibration The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2021). Accordingly, noise or vibration issues from airports would not occur. January 2022 Page 52 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. Construction -Related Noise Im According to the City of Baldwin Park Municipal Code, construction activities are limited to the hours of 7:00 a.m. to 7:00 p.m. on Mondays to Fridays. No numerical noise threshold is established by the City's Municipal Code pertaining to construction noise. Therefore, the Project's mandatory compliance with the permitted construction hours established by the City's Municipal Code would ensure that noise generated by the construction of the Project would not exceed applicable standards. Less -than -significant impacts would occur with respect to noise generated from construction of the Project, and mitigation is not required. Operation -Related Noise Impacts Regarding Project -related operational activities, noise level standards applicable to the Project include those provided in the Noise Element of the City of Baldwin Park General Plan and the Baldwin Park Municipal Code, as described below. City of Baldwin Park General Plan Noise Element The City of Baldwin Park General Plan Noise Element identifies noise -sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing policies to ensure that Baldwin Park residents are protected from excessive noise intrusion (Baldwin Park, 2002b, pp. 65-72). Sensitive land uses are generally defined as locations where people reside or where the presence of noise could adversely affect the use of the land. Sensitive land uses include but are not limited to uses such as schools, hospitals, residences, libraries, and recreation areas. Sensitive receptors located nearest the Project site include the residences located to the southeast of the Project site. According to the City's General Plan EIR, noise -sensitive land uses, such as residential, are clearly compatible with exterior noise levels at or below 65 dBA CNEL (Baldwin Park, 2002b, Table 13). Operation of the Project is not anticipated to emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on adjacent I-10 freeway. Accordingly, the Project would result in less - than -significant impacts with respect to the noise standards established by the City of Baldwin Park General Plan Noise Element. City of Baldwin Park Municipal Code The City of Baldwin Park Municipal Code § 153.140.070, Noise, establishes noise limits that apply to all zones within the City. Table 6-5, Municipal Code Noise Standards, provides base exterior noise standards applicable to the Project site and properties surrounding the Project site. January 2022 Page 53 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Table 6-5 Municipal Code Noise Standards Land Ilse Tithe Period Base Exterior Noise Level. Standards (dBA), Daytime: 7:00 a.m. to 7:00 p.m. 55 Residential Evening: 7:00 p.m. to 10:00 p.m. 50 Nighttime: 10:00 p.m. to 7:00 a.m. 45 Commercial Daytime: 7:00 a.m. to 10:00 p.m. 65 Nighttime: 10:00 p.m. to 7:00 a.m. 55 Industrial Anytime 65 Source: (Baldwin Park, 2016, Section 153.140.070) The operational activities associated with the proposed digital billboard would not emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on the adjacent 1-10 freeway. The operational activities associated with the proposed digital billboard would not be anticipated to generate any substantial increases in noise levels to the area that would result in exceedance of the base exterior noise level standards shown in Table 6-5. Accordingly, the Project would result in less -than -significant impacts with respect to Municipal Code standards applicable to operational noise, and no mitigation is required. The only potential sources of substantial temporary or periodic increases in noise levels are temporary and intermittent noise associated with the Project's construction activities via the operation of heavy equipment. Construction activity would be restricted to the permissible daytime hours permitted by the City's Municipal Code (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) over the course of the Project's construction schedule (less than a week). Compliance with the City's Municipal Code noise standards would ensure that Project construction activities would be less than significant, and mitigation would not be required. Further, construction noise would likely be overshadowed by vehicular noise levels from the adjacent 1-10 freeway. Operation of the proposed digital billboard would not generate substantial temporary or periodic increases in ambient noise levels in the Project vicinity. Based on the foregoing analysis, the Project would not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan or the Municipal Code noise ordinance, or the applicable standards of other agencies. As such, impacts would be less than significant with respect to Threshold a), and mitigation is not required. b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Groundborne vibration is an oscillatory motion which can be described in terms of displacement, velocity, or acceleration. It is expected that groundborne vibration from Project construction activities would cause intermittent, localized intrusion through the operation of heavy construction equipment and trucks. Any exposure of nearby sensitive receivers to nominal vibration would be temporary and only occur during permissible construction hours as permitted by the City's Municipal Code. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. Additionally, truck deliveries (if necessary) to the site may increase vibration levels in the area; however, truck deliveries would only occur during permissible construction hours as permitted by the City's Municipal Code and would be indiscernible from vehicular movement on the adjacent 1-10 freeway. There would be no sources of perceptible vibration associated with Project's operation. Based January 2022 Page 54 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration on the foregoing analysis, vibration levels associated with the Project are considered less than significant, and no mitigation is necessary. cJ For a project located within the vicinity of a private airstrip or 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? No Impact. The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2012). Accordingly, the Project would not expose people residing or working in the Project area to excessive noise levels in relation to airports. There are no private airstrips within the Project vicinity. Accordingly, the proposed Project would not expose people residing or working in the Project area to excessive noise levels. No impact would occur and no mitigation is required. Noise: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts to noise; accordingly, mitigation measures are not required. January 2022 Page 55 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.14 Population and Housing a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the X construction of replacement housing elsewhere? a) Induce substantial unplanned 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)? No Impact. The proposed Project would contribute the additional development of a digital billboard to the north -central portion of the Project site. Digital billboards are typical of and complementary to commercial freeway uses and have no potential to induce substantial population growth in the area, either directly or indirectly. Electric utility improvements required by the Project would solely serve the digital billboard's energy demand and would not directly or indirectly induce population growth to the area. No impact would occur and no mitigation is required. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. Under existing conditions, the Project site does not contain any residential structures. Therefore, there is no potential for the Project to displace substantial numbers of people. No impact would occur and no mitigation is required. Population and Housing: Mitigation Measures Implementation of the proposed Project would result in no impact to Population and Housing. Thus, no mitigation measures are required. January 2022 Page 56 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4x15 Public Services a. 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: 1) Fire protection? I ( I I X 2) Police protection? I ( I I X 3) Schools? I ( I I X 4) Parks? I I I I X 5) Other public facilities? ( X 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: 1) Fire protection? 2) Police Protection? 3) Schools? 4) Parks? 5) Other public facilities No Impact. Fire protection, police protection, and other public services are provided to the existing commercial land uses at the Project site. The addition of a digital billboard to the northwestern portion of the Project site would not create a measurable increase in demand for fire or police protection services because the site is already receiving these services. There is no component of the Project that would lead to increased demand for fire and police services. The Project would not create a direct demand for public school services, as the land use that would occupy the Project site (i.e., a digital billboard) would not generate any school -aged children requiring public education. No component of the Project would January 2022 Page 57 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration measurably increase demand for public service facilities or result in the need to physically alter or cause the construction of new public service facilities. Because no physically expanded or new public facilities would be required, no impact would occur and mitigation is not required. Public Services: Mitigation Measures Implementation of the proposed Project would not increase public services demand such that new or physically altered public service facilities would need to be constructed or expanded to meet the demand. Thus, no impact would occur and no mitigation measures are required. January 2022 Page 58 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4x16 Recreation a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X 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 X might have an adverse physical effect on the environment? 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? No Impact. The construction and/or operation of a digital billboard on the north -central portion of the Project site would not increase the use of recreation facilities, because it would not create a measurable demand for recreational facilities through inducing population growth, inducing the growth of businesses or housing developments, or displacing existing recreational facilities. Accordingly, the Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. Additionally, implementation of the Project would not include recreational facilities or require the construction of or expansion of recreational facilities which would have an adverse physical effect on the environment. No impact would occur, and mitigation is not required. Recreation: Mitigation Measures Implementation of the proposed Project would have no impact to Recreation. Thus, no mitigation measures are required. January 2022 Page 59 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.17 Transportation a. Conflict with a program plan, ordinance or policy addressing the circulation system, I X including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section X 15064.3, subdivision (b)? c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves X or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access? I I I I X a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No Impact. Temporary traffic impacts would be restricted within the window of the Project's construction schedule (less than a week) and between the permissible construction activity hours (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) permitted by City of Baldwin Park Municipal Code § 130.04. Due to the small scale of the proposed construction of the billboard, Project construction would not require a substantial quantity of truck hauls to the site. Additionally, the Project Applicant estimates that four (4) construction crew members would be required at the site each day throughout the construction of the Project, which would not generate a substantial quantity of trips during construction hours. Project operation is not anticipated to generate any additional trips to the Project site, with the exception of one two-way trip 6- 8 times per year in order to perform on-site maintenance of the billboard. Accordingly, the Project would not conflict with an applicable plan, ordinance or policy related to the circulation system. No impact would occur and mitigation is not required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No Impact. As discussed under Threshold a), trips generated by construction and operation of the Project would be nominal, and implementation of the Project would not generate trips that would conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Therefore, no impact would occur. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. Project -related construction or operation would not require the construction of new roadways and the existing configuration of the roadways within the vicinity of the January 2022 Page 60 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Project site would remain unchanged; therefore, impacts related to sharp curves or dangerous intersections would not occur. Implementation of the Project would be required to comply with the State Outdoor Advertising Act (2014) and the Federal Highway Beautification Act (1965). The Outdoor Advertising Act contains a number of provisions relating to the construction and operation of digital and static signs adjacent to roadways which are intended to prevent the creation of unsafe driving conditions along the adjacent roadways as a result of the presence of such signs. These provisions include, but are not limited to, the following: • The placing of any light source "...of any color of such brilliance as to impair the vision of drivers upon the highway" is prohibited (Caltrans, 2014, § 21466.5); • The sign must be constructed to withstand a wind pressure of 20 pounds per square feet of exposed surface; • No sign shall display any statements or words of an obscene, indecent, or immoral character; No sign shall display flashing, intermittent, or moving light or lights; • Message center signs may not include any illumination or message change that is in motion or appears to be in motion or that change or expose 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. (Caltrans, 2014, § 5401 - § 5405). The Federal Highway Beautification Act governs advertising signage located along the interstate highway system, such as the 1-10 freeway. The Federal Highway Beautification Act requires advertising signage be erected only in commercial or industrial zones and adhere 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; • Signs located on the same side of the freeway must be separated by at least 500 feet; and, • Signs shall not include flashing, intermittent or moving lights, and shall not emit light that may obstruct or impair the vision of any driver. Mandatory compliance with State and Federal regulations would ensure that the Project would not increase hazards due to a design feature. Additionally, the Project site is designated as "Commercial/Industrial (Cl)" by the City's General Plan, and is designated "Industrial Commercial (I -C)" by the City's Zoning Map. The installation of a digital billboard adjacent to the 1-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large-scale commercial development. Considering the foregoing analysis and regulatory requirements, Project impacts would be less than significant and no mitigation is required. d) Result in inadequate emergency access? No Impact. Under existing conditions, adequate emergency access is provided within the vicinity of the Project site. Project -related construction and operation would not obstruct existing roadways and would not alter the existing roadway system. No component of the Project would require the temporary or permanent closure of a roadway. Accordingly, the Project would not result in inadequate emergency access and no impact would occur. January 2022 Page 61 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Transportation/Traffic: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Transportation/Traffic. Thus, no mitigation measures are required. January 2022 Page 62 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. January 2022 Page 63 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Less Than Significant Impact. Assembly Bill (AB) 52 requires that lead agencies evaluate a project's potential impact on "tribal cultural resources", which include "[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources" A852 also gives lead agencies the discretion to determine, based on substantial evidence, whether resource qualifies as a "tribal cultural resource." AB 52 applies whenever a lead agency adopts an environmental impact report, mitigated negative declaration, ornegative declaration. In compliance with Assembly 8i|| 52, Native American tribes traditionally and culturally affiliated with the geographic area of the Project site were notified of the proposed Project on July 28, 2021 (See Appendix Q. Pursuant to California AB 52, Native American Tribes that previously requested the City to notify them about projects nfinterest were given a 30 -day notice to request consultation regarding the Project. A notification list is maintained by the City of Baldwin Park and tribes requesting notification were sent notification via certified mail by the City of Baldwin Park. Atota| of three tribes were notified of the proposed Project. The tribes notified included the Gabrieleno Band of Mission Indians — Kizh Nation, the Gabrieleno Tongva Tribe, and the Soboba Band of Luiseno Indians. The 30 -day period concluded on August 27,IU21.The Gabrieleno Band of Mission Indians — Kizh Nation elected to consult on the Project. Senate Bill (SB) 18 requires that lead agencies, "prior to the adoption or amendment of a city or county's general plan, conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county's jurisdiction. The bill would define the term "consultation" for purposes of those provisions. By imposing new duties on local governments with respect to consultations regarding the protection and preservation of California Native American historical, cultural, and sacred sites, the bill would impose astate-mandated local program." As provided under Impact b) under Section 4.5: Cultural Resources, although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, implementation of Mitigation Measure MM CR -1 and MM [R'2 would ensure that the Project's potential impact to archaeological resources would be reduced to levels that are less than significant. Tribal Cultural Resources: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Tribal Cultural Resources. Thus, no mitigation measures are required. January 2022 Page 64 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.19 Utilities and Service Systems a. Require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair X the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and X regulations related to solid waste? 0 M M a) Require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. Implementation of the Project would result in the construction and operation of a digital billboard on a site that is fully developed with commercial land uses under existing conditions. Due to the nature of the Project (digital billboard), it would not result in demand for water, wastewater, stormwater, or natural gas. Additionally, the Project would not substantially alter the Project site's existing hydrological characteristics. With installation of the proposed Project, there would be no significant alteration of the site's existing drainage pattern and there would not be any significant increases in the rate or quantity of surface runoff. The Project would utilize electric power, but not in a manner that would require or result in the relocation or construction of new facilities. Accordingly, no impact would occur and mitigation is not required. January 2022 Page 65 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No Impact. The construction and operation of the proposed digital billboard would not create a demand for domestic water. No impact would occur and no mitigation measures are required. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. Under existing conditions, the Los Angeles County Sanitation District (LACSD) adequately serves wastewater treatment services to the Project site. The construction and operation of a digital billboard would not generate wastewater or cause an increased demand for wastewater treatment. Thus, the Project would not adversely affect the physical capacity of the existing wastewater infrastructure system that services the site. No impact would occur and no mitigation measures are required. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant. The City of Baldwin Park contracts with Waste Management of San Gabriel Valley/Pomona for solid waste collection services. Solid waste generated within the City is transported to the Scholl Canyon Landfill (SCLF), operated by the LACSD. As of 2011, the SCLF was calculated to have a remaining capacity of 9,900,000 cubic yards (or 3,400 tons per day) and has a cease operation date of April 1, 2030 (CalRecycle, 2021). Considering the remaining capacity (9,900,000 cubic yards) and cease operation date (April 1, 2030) of the SCLF, the SCLF would have sufficient capacity to accommodate the Project's nominal construction -related waste generation. Additionally, Project excavation would remove soil from the northwestern corner of the Project site which would be transported to the Puente Hills Landfill, located 3.4 miles southwest of the Project site. The Puente Hills Landfill does not accept solid waste; however, according to the LACSD the Puente Hills Landfill has the capacity to accept to soil dumps. Lastly, Project operations would not generate a substantial demand for solid waste beyond the existing demand of the Project site. Thus, the Project would not adversely affect the physical capacity of any landfills and a less -than -significant impact would occur. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact. The construction and operation of a digital billboard is not anticipated to generate a substantial demand for solid waste disposal. Project -related construction activities would generate nominal quantities of solid waste during the Project's construction schedule (less than a week). The Project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant. Accordingly, the Project would not foreseeably conflict with any Federal, State, and local statutes and regulations related to solid waste, resulting in a less -than -significant impact. Utilities and Service Systems: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Utilities and Service Systems. Thus, no mitigation measures are required. January 2022 Page 66 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.20 Wildfire a. Substantially impair an adopted emergency response plan or emergency evacuation X plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, X pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may X exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, X post -fire slope instability, or drainage changes? a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage changes? No Impact. The Project site not located within a State Responsibility Area (SRA) and is not located within a Very High Fire Hazard Severity Zone (VHFHSZ) within a Local Responsibility Area (LRA). The Project site is relatively flat and does not contain any slopes or features that would exacerbate wildfire risks. In addition, the City's General Plan states that because Baldwin Park is an urbanized community, structural fires rather than wildland fires represent the greatest fire risk throughout the City (Baldwin Park, 2002a, p. PS -9). The Project site is located within and is surrounded by urban built-up land. Accordingly, the proposed Project would not expose people or structures to a significant risk of loss, injury or death January 2022 Page 67 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration invokvin8wi|d|and fires including where wUd|ands any adjacent to urbanized areas or where residences are intermixed with vvi|d|ands. No impact would occur and no mitigation is required. Wildfire: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Utilities and January 2022 Page 68 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a21 Mandatory Findings of Significance a. Does the project have the potential to substantially 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 X a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X 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 X effects on human beings, either directly or indirectly? a) Does the project have the potential to substantially 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, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact With Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre -historical resources were evaluated as part of this IS / MND. Implementation of the Project would contribute additional development in the form of a digital billboard to a fully developed property and would not impact biological resources. As indicated in the discussion and analysis of Cultural Resources, none of the existing buildings on the Project site are included on the National Register of Historic Places, California Register of Historical Resources, or a local register of historical resources, nor are they eligible for listing; accordingly, there would be no impact to historical resources resulting from Project implementation. The Project site is fully developed under existing conditions; therefore, no significant archaeological resources are likely January 2022 Page 69 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration to be discovered during excavation activities. Additionally, the limited degree of excavation that would be required to install the proposed billboard column and associated utility connections would not result in impacts to significant archaeological resources. Nonetheless, in an abundance of caution, Mitigation Measures MM CR -1 and MM CR -2 would be implemented to reduce impacts to archaeological resources to a level below significance. Accordingly, the Project would not degrade the quality of the environment and impacts would be less than significant with implementation of Mitigation Measures MM CR -1 and MM CR -2. Mitigation Measures: No additional mitigation measures are required. 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)? Less Than Significant Impact With Mitigation Incorporated. Based on the analysis contained in this Initial Study, the proposed Project would not have cumulatively considerable impacts with implementation of Project mitigation measures. Implementation of standard conditions and mitigation measures at the Project -level would reduce the potential for the incremental effects of the proposed Project to be considerable when viewed in connection with the effects of past projects, current projects, or probable future projects. Mitigation Measures: No additional mitigation measures are required. C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact With Mitigation Incorporated. Previous sections of this Initial Study reviewed the proposed Project's potential impacts to human beings related to several environmental topical areas. As determined throughout this Initial Study, the proposed Project would not result in any potentially significant impacts that cannot be mitigated or reduced with implementation of mitigation measures and/or standard conditions imposed by the City. The Project would not cause a substantial adverse effect on human beings, either directly or indirectly and impacts would be less than significant. Mitigation Measures: No additional mitigation measures are required. January 2022 Page 70 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 5`0 REFERENCES Ahrens, Donald C., Meteorology Today: An Introduction to Weather, Climate, 8'the Environment, 2O0G. CalFire, Fire Hazard Severity Zone Maps, Fire Hazard SeverityZones in SRA, https:Hosfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards-building- codes/fire-hazard-severity-zones-maps/, accessed December 7, 2021. CalFire, Fire Hazard Severity Zone Maps, Very High Fire Hazard'Severity Zones in LRA, https://osfmjire.ca.0uv/divisions/vvi|dfire'p|annin8'en8ineerins/vvi|d|and-hazardo-bui|ding' codes/fire'hazard'severity'zone*maps/,accessedDecember7,2021. California Air Resources Board (CARB), Risk Reduction Plan to Reduce Particulate Matter Emissionsfrom Diesel -Fueled Engines and Vehicles, October 20UU, https://wvvw.arb.ca.Qn«/diese|/dncuments/rrpFina|.pdf California Air Resources Board (CARB),California's 2017Climate Change Scoping Plan: The Strotegyfbr Achieving California's 2030Greenhouse Gas Target, November 2U17, httpy://vvvv3.arb.ca.gnv/cc/scopingp|an/scopin8_p|an_2017.pdf California Air Resources Board (CARB), EMF4CJ017Web Database, https://arb.ca.0o«/enofac/2017/ California Department ofConservation (CD[),Seismic Hazard Zone Map Baldwin Park Quadrangle. 1999,accessed September, 2016, http://0mvv.consrv.ca.gnv/shmp/dnvvn|oad/quad/BALDVV|N_PAKK/nnaps/ozn_ba|dp.pdf California Department of Conservation (CDC), California Important Farmland Finder, https://noaps.conservation.ca.gov/a8ricu|Lure/, accessed December 8, 2021. 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P D F California Energy Commission (CEC), 2018 Power Content Label for Southern California Edison, https://www.energy.ca.gov/sites/default/files/2020-01/2018_PCL Southern_California_Edison.pdf California Energy Commission (CEC), California Greenhouse Gas Emission Inventory -2019 Edition, https://www.arb.ca.gov/cc/inventory/data/data.htm California Energy Commission (CEC), Electricity Consumption by County, http://www.ecdms.energy.ca.gov/elecbycounty.aspx, accessed December 8, 2021. California Energy Commission (CEC), Natural Gas Consumption by County, http://www.ecdms.energy.ca.gov/gasbycounty.aspx, accessed June 24, 2021. California Energy Commission (CEC), 2019 Building Energy Efficiency Standards, https://www.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Building_Stan dards_FAQ.pdf, accessed June 23, 2020. 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Available: https://www.nps.gov/nr/research/ January 2022 Page 73 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 6.0 REPORT PREPARATION PERSONNEL City of Baldwin Park (Lead Agency) Community Development Dept. 14403 East Pacific Avenue Baldwin Park, CA 91706 Melissa Chipres, Associate Planner De Novo Planning Group (Environmental Consultant) 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 916.949.3231 Ben Ritchie, Principal Planner Josh Smith, Associate Planner Technical Specialists Daktronics (Lighting) 201 Daktronics Drive, PO Box 5128 Brookings, SD 57006 Eric Johnson, Applications Engineer January 2022 Page 74 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Screencheck Review Draft APPENDIX A -SIGN LIGHTING STUDY January 2021 Page 75 December 11, 2020 Re: Lighting Analysis for Daktronics DB 14'x 48' Digital Display 1529 Virginia Ave., Baldwin Park, CA 91706 The attached lighting analysis pertains to the digital billboard display manufactured by Daktronics, Inc., and proposed for installation at 1529 Virginia Ave., Baldwin Park, CA 91706. The following is an explanation of the analysis: 1. Units of Measurement. A foot-candle (or foot-candle, fc, Im/ft2, or ft -c) is a measurement of light intensity. One foot-candle is defined as enough light to saturate a one -foot square with one lumen of light. For example, where the display illuminates at 0.19 foot-candles, it has a light intensity of approximately 19% of a single wax candle as viewed from 1 foot away. 2. Assumptions: The accompanying graph depicts illumination levels in foot candles that the display will produce based on nighttime running levels at a measurement height of 87 feet in elevation. The measurements assume total darkness with regards to the surrounding light and an all -white content on the display. These assumptions provide for the worst-case scenario, not the more likely application. 3. Practical Application: Typical content runs at 25-35% of the brightness of all -white content, therefore, the actual levels of illumination will nearly always be markedly lower than that shown in the graph. 4. Ambient Light Effects. The presence of ambient light producing elements at night including, but not limited to, roadway and traffic lighting, commercial lighting from nearby commercial properties, the moon, etc., will further diminish the impact of the light output from the display in question. 5. Other Limiting Factors. Daktronics digital billboards produce directional illumination which means the light shines in an out -and -downward fashion which limits illumination onto unintended areas. Further, the Daktronics digital display is equipped with a light sensor allowing for automatic dimming utilizing 256 levels of dimming. The display's dimming capabilities are designed to ensure that it does not exceed 0.3 foot candles above ambient light as measured from an appropriate distance from the sign'. The 0.3 foot candles metric is a leading industry standard and has been adopted in numerous states and municipalities throughout the U.S. Please let me know if you have any questions or concerns. Sincerely, Daktronics, Inc. Eric Johnson Applications Engineer 605-692-0200 ' Please note, while the sign's brightness during daylight hours would be almost always incidental, there may be times in which the sign would produce illumination levels above ambient light during such hours. Examples when such an occurrence could happen would be during a very dark and stormy day. It is important to note, however, that the sign is equipped with a working photo -sensor that automatically adjusts its brightness based on ambient light. 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ANY SIGN COMPONENTS NOT SPECIFICALLY DETAILED ON THESE DRAWINGS BUT ATTACHED TO THE STRUCTURE SHALL BE DESIGNED IN ACCORDANCE WITH THE INFORMATION ABOVE. r"' I I is SEISMIC DESIGN - SIGN STRUCTURE SEISMIC LOADS ARE DETERMINEDIN ACCORDANCEWITH c I I AlAls s f 1 % ASCE 7-16 CHAPTER 15 USING DATA FOR SIGNS AND BILLBOARDS FROM TABLE 154-2. RISK CATEGORY: II MAPPED SPECTRAL RESPONSE ACCELERATIONS: Ss = 1.395, Si = 0.548 un i " Bromeul �! i [A' rE CLASS: D ^.e I I r� sie s. SPECTRAL RESPONSE COEFFICIENTS: SJ, =0.93, Sol = 0.548 .. T .D,. SEISMIC DESIGN CATEGORY: TGks end I I p ,,,` FORCE RESISTING SYSTEM: CANTILEVERED COLUMN KIPS f, ,, I I -- �vieao wreR.u,Are SECTION B -B ---._ SEISM C RESPONSE COEFFICIENT RESPONSE MODIFICATION FACTOR (R): 3.0 I I I I _ �^ .. SEISMIC BASE SHEAR IS DETERMINED IN ACCORDANCE WITH SECTION 12.8 "EQUIVALENT LATERAL FORCE PROCEDURE" USING THE DESIGN DATA ABOVE " „ UPRIGHT-5PREADER-TOR510N CONN. DESIGN LIVE LOAD - MAINTENANCE PLATFORM. 40 PSF OR 300 LBS CONCENTRATED LOAD. ` ` ' _ �— DESIGN DEAD LOAD - LED DISPLAY: LBS EACH (FUTURE) OTHER STRUCTURAL MEMBERS: AS NOTED IN CALCULATIONS PLAN VIEW ,,.. ,.... STEEL -WIDE FLANGES - ASTM A-992, OTH ER SHAPES&PLATES - ASTM A-36. `� PIPE SECTIONS - ASTM A-53 GR B ORA 252 GR 2, GRAM - LX W ITH MINIMUM YIELD STRENGTH AS �JJ INDICATED ON DRAWINGS. TYPICAL SECTION THKU SIGN EXPANDED METAL GRATING - EXPANDED METAL GRATING SHALL BE MANUFACTURED FROM CARBON STEEL IN CONFORMANCE WITH THE EXPANDED METAL MANUFACTURERS ASSOCIATION (EMMA) STANDARD NO. 557-99,'STANDARDS FOR EXPANDED METAL' EMMA IS A DIVISION OF THE NATIONAL ASSOCIATION OF ARCHITECTURAL METAL MANUFACTURERS (NAAMM). ALL STRUCTURAL STEEL SHALL BE FABRICATED AND ERECTED ACCORDING TO LATEST AISC -• ii a.s <iia i (�'^ a SPECIFICATIONS AND STANDARD PRACTICE. PAINTING -ALL STRUCTURAL STEEL, EXPOSED TO WEATHER, SHALL BE SHOP PRIMED AND PAINTED IN ACCORDANCE WITH AISC 335 (SPECIFICATION) AND AISC 303 (STANDARD PRACTICE). CONCRETE - CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 PSI (DESIGNED AT 2,500) AT 28 DAYS AND BE PLACED IN ACCORDANCE WITH ACI 318. CONCRETE MIX SHALL BE PROPORTIONED WITH A MAXIMUM SLUMP OF 5". ANI I n • • n ao>eo�r WELDING -ALL WELDING PROCEDURES, MATERIALS AND COMPONENTS SHALL BE IN COMPLIANCE I WITH AWS DI.1 USING E70XX OR EQUAL. FIELD WELDING IS NOT ALLOWED WITHOUT APPROVAL OF ENGINEER. ALL FIELD WELDING WILL REQUIRE SPECIAL INSPECTION. STRINGER MOUNTING DETAIL SECTION DM1D 5ECTION If -If CP055 BRACE DETAIL BOLTS -ALL REGULAR SHALL CONFORM TO ASTM A-307. HIGH STRENGTH BOLTS SHALL CONFORM TO ASTM A ALL BOLTS SHALL BE INSTALLED TOA SNUG TIGHT CONDITION UNLESS NOTED _ � l I I I � "" "�'^"" i -325N. TO BE PRE -TENSIONED (PT). PT BOLTS SHALL BE FULLY TENSIONED PER AISC TURN OF THE NUT METHOD (1/3 OF A TURN PASTA SNUG TIGHT CONDITION) OR OTHER AISC APPROVED TENSIONING METHOD. ��. ROUND COLUMN FOOTING -EMBEDMENT DEPTH FOR FOOTING DOES NOT APPLY TO LOCATIONS WHERE WALLS OF THE HOLE WILL NOT STAND WITHOUT SUPPLEMENTAL SUPPORT, OR WHERE UNCOMPACTED FILL OR ORGANIC FILL EXISTS. FOUNDATION IS DESIGNED UTILIZING LATERAL BEARING PER IBC SECTION 1807,32DESIGN LATERAL SOIL PRESSURE PER IBC TABLE 15 U. i� + � 300 PSF/FT (SOIL CLASS 4 -TYPE: SAND, SILTY SAND, CLAYEY SAND, SILTY GRAVEL, AND CLAYEY SA CLAY GRAVEL). ALLOWABLE LATERAL SOIL PRESSURE HAS BEEN MULTIPLIED BY 2 PER SECTION 1111,3,1. VERIFY SOIL TYPE DURING EXCAVATION, NOTIFY ENGINEER OF ANY DISCREPANCY. EXTEND COLUMN PIPE TO BOTTOM OF FOOTING (3" CONCRETE COVER REQUIRED) SPECIAL INSPECTIONS -SPECIAL INSPECTIONS ARE REQUIRED PER CHAPTER 17 FOR THE a a ♦ + FOLLOWING ITEMS: HIGH STRENGTH BOLTS: PERIODIC INSPECTION TO REVIEW BOLT TYPE AND TENSION — PIER FOUNDATION: VERIFY PROPER DEPTH AND DIAMETER STEEL FABRICATOR - ALL STRUCTURAL STEEL SHALL BE SHOP FABRICATED BY THE FOLLOWING 1 SECTION A -A CITY OF LOS ANGELES APPROVED FABRICATOR: STEEL iPAGE COLUMN -TORSION CONNECTION 20401NDUSTRIAL DRIVE PAGE, AZ 85040 \- -�- ELEVATION UNLESS SPECIFICALLY INDICATED AS FIELDWORK, NO FIELD WELDING IS ALLOWED WITHOUT THE APPROVAL OF THE ENGINEER OF RECORD. SPECIAL INSPECTIONS IS REQUIRED FOR ALL FIELD WELDING. ,\ 1 THE ERECTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS IN THE FIELD BEFORE ERECTION AND NOTIFY ENGINEER OF ANY DISCREPANCIES. ERECTORS SHALL NOTIFY ENGINEER IF ..111..__ i STRUCTURE IS LOCATED NEAR ANY BUILDINGS. THE UNDERSIGNED ENGINEER WILL NOT SUPERVISE THE FABRICATION OR ERECTION OF THIS I STRUCTURE. THIS PRINT IS THE PROPERTY OF RMG OUTDOOR, INC. V PROFESSIONAL SEAL VALID ONLY WHEN \ \ FABRICATED BY THE ABOVE. IT IS I I i30 i a a rAsr reoN nwcK ro�mn,coar Al eAcn ro PROVIDED FOR PERMIT PURPOSES ONLY. �nXV0\ ANY OTHER USE OR REPRODUCTION IS\\'\w PROHIBITED WITHOUT WRITTEN \• — eK e r ; � " AUTHORIZATION FROM Q \O RMG slope co"cu : s,. OUTDOOR, INC. .\O� COLUMN SPLICE I DETAIL COLUMN SPLICE 2 DETAIL TYPICAL NAND RAIL CONNECTION CUSTOMER $ LAMAR ADVERT151NG 4'x 48' 51NGLE P05T 5 SIGN LOCATION PARTIAL FLAG 1'I h - 1 529 VIRGINIA AVE A DOUBLE F CE 1 77 BALDWIN PARK, CA 35'V -BUILD LED READY (ROTI) 51DE5) p I f I w _, ENG_NO. DR. CH. G XX FS JES DATE 1., Out oor Mc. g<.� ---- " 03!27/20 4425 North 2411 Sireet, l0a 200 TYPICAL WALKWAY DETAIL WALKWAY MOUNTING DETAIL SAFETY CABLE MOUNTING SAFETY CASE TENSION Phoenix, AHmna 85016 JOB NO. SHEET NO. Phn: (602) 230-8634 Fax: (602) 230-9071 51 Of I 1 1111111111 11111 1:1111! !1 ! 1111 iii;ij I roToW 1011 M I M OR 6101 MOINT, M &M I i to W CA Wj to I nsixoKo Cify of Baldwin Park round seal logo aftachod to pole cover on bcdb sides as shown, 56"144! 7" ladder placement If needed. Fin occenfs ore a design element and otso hide the ladder from view to traffic, Fins could also shield electrical panel, ADDRESS BO DR -20 DATE 78, Approx location for Electficd Box Power Requirements: 64 Amps Brightness*: 8,500 nits when shipped; 5,000 nits at year 10 guarantee Service Access: Front and rear access -standard Environmental Protection: Fully -sealed IP -67 module, fully -sealed power supply, and PLR LEDs per Pixel: 3 color matched LEDs: I red, I green, I blue Viewing Angle: 160' H x 70' V Compliance Information: UL, cUL, UL -Energy Verified, 113C 2012, FCC Compliant Operating Temperature: Contrast: High-contrast, non -reflective louver design Color Capability: 19 bit - 144 quadrillion Light Control Standards: Complies with local, federal, and industry light output standards Diagnostics: Advanced diagnostics checks the following: Module and display temperatures Display dimming Non -visual alerts Visual inspection Filterless Display: Less maintenance, sealed components with increased reliability Integrated Control System: Governs hold times Limits media to static images Display Calibration: Factory calibrated individual LEDs Display Dimming: 256 dimming levels SnapTm Technology: Automatically blend new modules with existing Visual Verification: Webcam Retractable webcarn arm (where applicable) SmartLink": Remote control and redundant communication Multidirectional Light Sensor System: Multi -direction sensing with power -saving algorithms Surge Suppression: Standard T "lii 1 111.11 1 �' ""I'l-1-5 V, A" 'J TT7 SIZE (INDUSTRY DISPLAY SIZE OVERALL ROWSAND PIXEL SPACING DISPLAY OPERATING POWER NAMES) ACTIVE AREA DISPLAY SIZE COLUMNS (MM) WEIGHT AMPS** REQUIREMENTS 14'x 48'200 (Bulletin) I3'2 " x 47'3 13'8" x 47'9" x 720 240 x 864 20 MT 16 MT 5,050 lbs 12,295 kg) 16 amps 64 amps *Brightness can be adjusted to meet local regulations. 'Measurements based on content over a 24 hour period @ 1 20/240VAC. For precise measurements, request a Daktronics shop and riser drawing. VT wffflTxir� ►'ti'j +flI T 201 Daktronics Drive, PO Box 5128, Brookings, SD 57006 Phone: 1-800325-8766 or 605-692-0200 Fax: 605-697-4746 DD4570066 REVOI 112719 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Screencheck Review Draft APPENDIX C - TRIBAL CONSULTATION LETTERS January 2021 Page 77 July 28, 2021 Linda Candelaria Co -Chairwoman C/O Sam Dunlap, Cultural Resource Representative Gabrielino Tongva Tribe tonEvaTCR@ mail.com RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California Chairwoman Candelaria: This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project. The subject property is located in an "Industrial Commercial" (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I -C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property. The proposed project has been tentatively approved by the City's Design Review Committee and requires approval by the Planning Commission of the following entitlements: 1. Design Review for the billboard architecture and site design. 2. Development Agreement review for the Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows. Name/Title: Melissa Chipres, Associate Planner Address: 14403 E. Pacific Ave City and Zip Code: Baldwin Park, CA 91706 Telephone: 626.960.4011, ext. 452 Email: melissac(@baldwinoark.com The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential. Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project. Thank you for your involvement in this process and your attention to this matter. Sincerely, Melissa Chipres Associate Planner July 28, 2021 Mr. Andrew Salas, Chairperson Gabrieleno Band of Mission Indians-Kizh Nation P. O. Box 393 Covina, CA 91723 RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California Chair Salas: This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project. The subject property is located in an "Industrial Commercial" (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I -C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property. The proposed project has been tentatively approved by the City's Design Review Committee and requires approval by the Planning Commission of the following entitlements: 1. Design Review for the billboard architecture and site design. 2. Development Agreement review for the Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows. Name/Title: Melissa Chipres, Associate Planner Address: 14403 E. Pacific Ave City and Zip Code: Baldwin Park, CA 91706 Telephone: 626.960.4011, ext. 452 Email: melissac(@baldwinoark.com The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential. Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project. Thank you for your involvement in this process and your attention to this matter. Sincerely, Melissa Chipres Associate Planner July 28, 2021 Mr. Joseph Ontiveros Cultural Resource Director Soboba Band of Luiseno Indians P. O. Box 487 San Jacinto, CA 92581 RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California Chair Ontiveros: This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project. The subject property is located in an "Industrial Commercial" (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I -C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property. The proposed project has been tentatively approved by the City's Design Review Committee and requires approval by the Planning Commission of the following entitlements: 1. Design Review for the billboard architecture and site design. 2. Development Agreement review for the Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows. Name/Title: Melissa Chipres, Associate Planner Address: 14403 E. Pacific Ave City and Zip Code: Baldwin Park, CA 91706 Telephone: 626.960.4011, ext. 452 Email: melissacic)baldwinoark.com The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential. Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project. Thank you for your involvement in this process and your attention to this matter. Sincerely, Melissa Chipres Associate Planner Attachment #4 Vicinity Map AREA MAP Not to Scale N Vicinity Map LOCATION: 1529 Virginia Avenue CASE NUMBER: DA 19-03 DAApril 20, Attachment #5 Plans ..� �.�.� .. ........ Room �. 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WHEREAS, pursuant to the Zoning Code section 153.170, relating to the conversion of existing static -faced billboard to digital -faced billboards as noted in Ordinance 1394; and WHEREAS, pursuant to Zoning Code section 153.170, the billboards shall be required to receive Caltrans approval; and WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on March 23, 2022, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 19-03); and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures. In compliance with the California Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study and Negative Declaration has been prepared for this project with the purpose of identifying the project's significant effects on the environment; and WHEREAS, the Initial Study and Negative Declaration was circulated for public comments between January 26, 2022 to February 24, 2022; and WHEREAS, the applicant has agreed to revisions in the project plans, proposed mitigation measures, and terms of the Development Agreement that will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and Ordinance Page 2 WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on June 1, 2022; and WHEREAS, the City Council has reviewed the Development Agreement (DA 19-03) (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement (DA 19-03); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 19-03) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 19-03) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located within the Industrial Commercial I -C zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 19-03) is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 19-03) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 20-02) and as set forth in the Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on April 20, 2022. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The City Council hereby certifies the Mitigated Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments received during the public comment period of the Mitigated Negative Declaration, the written staff reports, verbal testimony, and the development plans, the City Council hereby finds that: Ordinance Page 3 a) There is no substantial evidence that the project will have a significant effect on the environment; and b) The negative declaration reflects the City's independent judgment and analysis; and SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: a) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. The proposed billboard structure is located along the 1-10, San Bernardino Freeway. The subject site is not in a General Plan focus area. However, the General Plan has identified the general area for industrial uses. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within industrial areas adjacent to freeways and would not conflict with future or existing larger scale industrial development. b) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed billboard is compatible with other uses allowed in the project site's land use district and zone. The project site is zoned I -C, Industrial Commercial, which is compatible with the underlying "General Industrial" General Plan Land Use Designation. Furthermore, the property and project site is adequately adjacent to the 1-10 San Bernardino Freeway and said billboard structure is designed to advertise toward the freeway. c) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. As mentioned above, the digital -faced billboard is proposed to be located on a property zoned Industrial Commercial (I -C) and is developed with a multi -tenant industrial complex that is Ordinance Page 4 consistent with the zone. Furthermore, the construction of the proposed digital billboard will reduce vehicular trips and resources that would otherwise be required for the maintenance or change -out of paper advertisements on a conventional static billboard. As such, it is anticipated that the billboard structure will not be detrimental or injurious to the subject property or the general neighborhood as the surrounding/adjacent areas are also developed with non- residential uses. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office, along with review by the Chief Executive Officer and the Planning Division Staff, the Development Agreement (Reference Attachment #2) is consistent with California Government Code Sections 65864- 65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 19-03), by and between Becker Boards Small, LLC and the City of Baldwin Park, in the form as attached hereto as Exhibit "A" and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. The City Council directs the City staff to carry out the terms and conditions of the Development Agreement (DA 19-03) and make any modifications, amendments, or alterations to the Development Agreement (DA 20-02) as deemed administratively necessary from time to time. SECTION 5. The City Council does hereby adopt the Condition of Approval applicable to the Development Agreement (DA 19-03): a) Applicant shall submit a signed wet -stamped survey prepared by a licensed engineer identifying that the distance between the proposed billboard structure at 1529 Virginia Avenue and any other billboard complies with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed billboard sign at 12921 Garvey Avenue will be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from any other existing billboard. Ordinance Page 5 SECTION 6. This ordinance shall go into effect 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 , 2022 EMMANUEL J. ESTRADA, MAYOR ATTEST: MARLEN GARCIA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, MARLEN GARCIA, 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 April 20, 2022. Thereafter, said Ordinance No. was duly approved and adopted at a regular meeting of the City Council on , 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MARLEN GARCIA, CITY CLERK FOR THE JANUARY 25, 2022 Prepared for: City of Baldwin Park - Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Prepared by: De Novo Planning Group 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 (916) 580-9818 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Table of Contents 1.0 INTRODUCTION.................................................................................................................................1 2.0 PROJECT DESCRIPTION......................................................................................................................3 3.0 ENVIRONMENTAL CHECKLIST FORM..............................................................................................12 4.0 ENVIRONMENTAL ANALYSIS...........................................................................................................15 4.1 Aesthetics....................................................................................................................................15 4.2 Agriculture and Forestry Resources............................................................................................24 4.3 Air Quality................................................................................................................................... 26 4.4 Biological Resources....................................................................................................................29 4.5 Cultural Resources...................................................................................................................... 32 4.6 Energy......................................................................................................................................... 34 4.7 Geology and Soils........................................................................................................................36 4.8 Greenhouse Gas Emissions.........................................................................................................40 4.9 Hazards and Hazardous Materials..............................................................................................43 4.10 Hydrology and Water Quality.....................................................................................................46 4.11 Land Use and Planning................................................................................................................49 4.12 Mineral Resources......................................................................................................................51 4.13 Noise........................................................................................................................................... 52 4.14 Population and Housing..............................................................................................................56 4.15 Public Services.............................................................................................................................57 4.16 Recreation...................................................................................................................................59 4.17 Transportation............................................................................................................................ 60 4.18 Tribal Cultural Resources............................................................................................................ 63 4.19 Utilities and Service Systems......................................................................................................65 4.20 Wildfire........................................................................................................................................67 4.21 Mandatory Findings of Significance............................................................................................69 5.0 REFERENCES....................................................................................................................................71 6.0 REPORT PREPARATION PERSONNEL...............................................................................................74 Appendix A — Sign Lighting Study Appendix B —Approved Plans Appendix C —Tribal Consultation Letters January 2022 Page i Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 1.0 INTRODUCTION This Initial Study (IS) / Mitigated Negative Declaration (MND) evaluates the Virginia Avenue Digital Billboard Project (hereafter, "Project") proposed by Lamar of Los Angeles (hereafter, "Project Applicant"). The Project is proposed on the northern portion of a parcel (hereafter "Project site") located at 1529 Virginia Avenue, and immediately south of Interstate 10 in the City of Baldwin Park, Los Angeles County, California. The Project Applicant proposes to construct and operate a dual -faced, digital/light emitting diodes (LED) billboard with associated infrastructure connections on the Project site. Under existing conditions, the property is fully developed with a commercial/industrial use (i.e., Industrial Powder Coatings) to which the Project would contribute additional development in the form of a billboard. 1.1 Purpose of this Document The Project is the subject of analysis in this document pursuant to the California Environmental Quality Act (CEQA). The content of this MND complies with all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.). CEQA is a statewide environmental statute contained in Public Resources Code §§21000-21177 that applies to most public agency decisions to carry out, authorize, or approve actions that have the potential to adversely affect the environment. CEQA requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environment, the agency must inform itself about the project's potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment. As defined by CEQA Guidelines §15367, the City of Baldwin Park is the Lead Agency for the proposed Project. "Lead Agency" refers to the public agency that has the principal responsibility for carrying out or approving a project. One discretionary approval is required of the City of Baldwin Park to implement the proposed Project: a Development Agreement between the Project Applicant and Lead Agency. Administrative approvals would consist of the issuance of a building permit. These actions and other approval actions required of the City of Baldwin Park and/or other governmental agencies to fully implement the proposed Project are described in more detail in Section 2.0, Project Description. If this MND is approved by the City of Baldwin Park, Responsible and Trustee agencies with approval authorities over the Project can use this MND as the CEQA compliance document as part of their decision-making processes. 12 CEQA Requirements for Mitigated Negative Declarations A MND is a written statement by the Lead Agency briefly describing the reasons why a proposed project, which is not exempt from the requirements of CEQA, will not have a significant effect on the environment and therefore does not require preparation of an Environmental Impact Report (EIR) (CEQA Guidelines §15371). The CEQA Guidelines require the preparation of a MND if the Initial Study prepared for a project identifies potentially significant effects, but: 1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed MND and Initial Study are released for public review would avoid or mitigate the effects where clearly no significant effects would occur; and 2) there is no substantial evidence, in light of the whole record before the Lead Agency, that the project as revised may have a significant effect on the environment (CEQA Guidelines §15070[b]). January 2022 Page 1 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 13 Format and Content of this Mitigated Negative Declaration The following items comprise the MND in its entirety: 1) This document, including all Sections. Section 3.0 contains the completed Environmental Checklist/Initial Study and Section 4.0 contains the proposed Project's associated analyses, which documents the evidence relied upon to support the findings and conclusions of the Initial Study. 2) The Mitigation Monitoring and Reporting Program (MMRP), which lists the mitigation measures that the City of Baldwin Park has identified and imposed on the proposed Project to ensure that the Project's environmental effects are reduced to less -than -significant levels. The basis for the MMRP is found in the Environmental Checklist/Initial Study. The MMRP also indicates the required timing for the implementation of each mitigation measure, identifies the parties responsible for implementing and/or monitoring the mitigation measures, and identifies the level of significance following the incorporation of mitigation 3) One technical report is attached as Technical Appendix A. This report is also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines §15150. A. Sign Lighting Study, prepared by Daktronics, and dated December 11, 2020 4) Approved plans (elevations and colored renderings) are attached as Technical Appendix B. These plans are also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines §15150. A. Sign Elevations, prepared by RMG Outdoor Inc., and dated March 27, 2020 B. Sign Colored Renderings, prepared by Equity Sign Group, and dated July 8, 2020 5) Tribal consultation letters are attached as Technical Appendix C. 1A Preparation and Processing of this Mitigated Negative Declaration The City of Baldwin Park, Community Development Department, directed and supervised the preparation of this MND. Although prepared with assistance of the consulting firm De Novo Planning Group, the content contained within and the conclusions drawn by this MND reflect the sole independent judgment of the City of Baldwin Park. This MND and a Notice of Intent (NOI) to adopt the MND will be distributed to the following entities for a 30 -day public review period: 1) organizations and individuals who have previously requested such notice in writing to the City of Baldwin Park; 2) direct mailing to the owners of property contiguous to the Project site as shown on the latest equalized assessment roll; 3) responsible and trustee agencies (public agencies that have a level of discretionary approval over some component of the proposed Project); 4) the County of Los Angeles Clerk; and 5) the California Office of Planning and Research, State Clearinghouse, for review by State agencies. The NO1 identifies the location(s) where the MND and its associated MMRP and Technical Appendices are available for public review. In addition, notice of the public review period also will occur via posting of a notice at City Hall (14403 East Pacific Avenue), via standard mailing to property owners located within a 300 -foot radius of the Project site, and publication in a newspaper of general circulation in the Project area. The NOI also establishes a 30 -day public review period during which January 2022 Page 2 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration comments on the adequacy of the MND document may be provided to the City of Baldwin Park, Community Development Department. Following the 30 -day public review period, the City of Baldwin Park will review any and all comment letters received and determine whether any substantive comments were provided that may warrant revisions to the MND document. If substantial revisions are not necessary (as defined by CEQA Guidelines §15073.5(b)), then the MND will be finalized and forwarded to the City of Baldwin Park Planning Commission for review as part of their deliberations concerning the proposed Project. A public hearing(s) will be held before the City's Planning Commission to consider the proposed Project and the adequacy of this MND. Public comments will be heard and considered at the hearing(s). If the MND is approved by the Planning Commission, the Project would be recommended for approval to the City of Baldwin Park City Council. If approved, City Council would adopt findings relative to the Project's environmental effects as disclosed in the MND and a Notice of Determination (NOD) will be filed with the County of Los Angeles Clerk. 2.0 PROJECT DESS I TI 2.1 Project Location The Virginia Avenue Digital Billboard Project (Project) site is located in the City of Baldwin Park within the County of Los Angeles; refer to Figure 1, Regional Vicinity. The City of Baldwin Park is located in the south- central portion of Los Angeles County and is bordered to the north by the City of Irwindale, to the east by the City of West Covina, to the south by the City of Industry and unincorporated Los Angeles County, and to the west by the City of EI Monte. The Project site is located at 1529 Virginia Avenue, Baldwin Park (APN 8558-032-018), abutting Interstate 10 (1-10) to the north; refer to Figure 2, Project Location, and Figure 3, Site Plnn. Regional access to the site is provided via the Harbor Freeway (Interstate [1] 110) to the north. Local access to the site is provided primarily from Virginia Avenue. 2.2 Existing Setting EXISTING SITE USES As shown on Figure 3: Site Plan, under existing conditions, an existing commercial/industrial building occupied by Industrial Powder Coatings is located within the Project site. A small asphalt -paved parking lot and storage area is located surrounding the commercial building. The north -central portion of the Project site, where the proposed billboard would be installed, is asphalt -paved. A grassy strip of land separates the Project site from the 1-10 freeway corridor. GENERAL PLAN AND ZONING The Project site is designated "Commercial/Industrial (Cl)" by the City's General Plan Land Use Map. The Project site is zoned "Industrial Commercial (I -C)". The 1-C zoning designation is intended to provide areas for the development of industrial parks, office complexes and light manufacturing businesses. (Baldwin Park, 2020, § 153.050.010) No General Plan land use amendment or zoning change is proposed or required. January 2022 Page 3 Virginia Avenue Digital Billboard Project Initial Study/mitigated Negative Declaration SURROUNDING LAND USES As shown on Figure 3: Site Plan, the Project site is bounded on the north by the 1-10 freeway and an associated high freeway sound wall; on the south by Virginia Avenue, south of which is a single-family residential neighborhood; on the west by an existing commercial/industrial building occupied by Industrial Powder Coatings; and on the east by an In -N -Out Company Store. Additional commercial uses are located to the south of the project site, including House of Lumber Plywood and Hardware. 2.3 Project Characteristics The Project evaluated in this MND is proposed by Lamar of Los Angeles (the "Project Applicant") and is referred to as "Virginia Avenue Digital Billboard Project." The Project Applicant is proposing to install and operate an approximately 90 -foot tall digital billboard, located at 1529 Virginia Avenue, on a developed industrial parcel within the City of Baldwin Park, adjacent to the 1-10 freeway corridor. As shown in Figures 2 and 3, the Project is located on a developed property that abuts the southern edge of the 1-10 freeway, in the southeastern portion of the City of Baldwin Park. The proposed Project involves the construction of a dual -faced, digital/LED billboard with associated infrastructure connections. As shown on in Figure 3, Site Plan, the Project Applicant proposes to construct the billboard on the north - central portion of the triangle -shaped site. Project operation would include displaying of alternating LED advertisements on either of side of the billboard. The Project does not propose to alter the existing on- site commercial building (occupied by Industrial Powder Coatings). The operational characteristics of the Project are not expected to change the characteristics of the existing Project site in any way that could result in reasonably foreseeable environmental effects. 2,4 Project -Related Approvals CALTRANS OUTDOOR ADVERTISING (ODA) DISPLAY PERMIT (CALTRANS) Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outdoor advertising displays located adjacent to freeways and highways identified on the National Highway System. The Project proposes to develop a digital, dual - faced billboard adjacent to the 1-10 freeway; therefore, the Project would be subject to approval of an Outdoor Advertising (ODA) Display Permit by Caltrans. The ODA Display Permit would assure that certain location and design features of the Project would be met, including, but not limited to, the following: • The billboard must be located outside the right-of-way of any highway; • There must be an existing business activity within 1,000 feet of the proposed billboard; The digital billboard must be 1,000 feet from any other digital billboard; • The digital billboard must be 500 feet from any other static billboard; and • The maximum display area is set at 25 feet in height by 60 feet in length. (Caltrans, 2021) The approval of the ODA Display Permit Application, in and of itself, would not lead to a physical change in the environment other than the foreseeable changes inherit of the construction and operation of the proposed billboard Project described in this document. REQUESTED ENTITLEMENTS The Project requests approval of the following entitlements: January 2022 Page 4 Virginia Avenue Digital Billboard Project * Development Agreement between the City and the Developer to install a digital billboard within the corridor of an interstate freeway (1-10 freeway); * Building Permit (City ofBaldwin Pad8; 0 Approval of a development/design plan pursuant to the Outdoor Advertising Act (Caltrans) January 2022 Page Legend * Sign Location County Boundary 47 0 2% 5 Miles VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT BALDWIN PARK, CALIFORNIA Figure 1. Project Regional Location g"'m Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page Legend * Sign Location N ml IMMA City of Baldwin Park r — — 1 0 250 500 J Other Incorporated Areas Feet VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT BALDWIN PARK, CALIFORNIA Figure 2. Project Location 11 , N P G, . GREEN ... ... ..... .. Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page Profile Views — - 'w pY = VIRGINIAAVENUE See loet Mai for a — DIGITAL BILLBOARD PROJECT p VtT7 S BALDWIN PARK, CALIFORNIA PJ4 } y Fi10 gure 3. Site Plan - }y{4y t'.Y r Lege d ---------- --------- r Project Parcelc Other Parcels r � � r > ma` g { �A) oe./ A'' Inset Map V>r PROPOSED n � I � q SIGN f/ I X F` D STING HALL—� } y// r i ! J e / A tXlSil G f3U L TIG 41 0 10 20 / '' > >F ' t1111T111 suPrn'L Feet >' F > > IM MEN ,.,,,, ,�, erUt, un .-7 ., rrCt b, +et n .. rnb 't -r,; o. / r >H _ , ,, .. ^.���• Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 11 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 3.0 ENVIRONMENTAL N I T FORM 1. Project Title: Virginia Avenue Digital Billboard 2. Lead Agency Name and Address: City of Baldwin Park Community Development Dept. 14403 East Pacific Avenue Baldwin Park, CA 91706 3. Contact Person and Address: Melissa Chipres Associate Planner City of Baldwin Park, City Planner 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: melissac@baidwinpark.com 4. Project Location: 1529 Virginia Avenue, Baldwin Park, California 5. Project Sponsor's Name and Address: Lamar of Los Angeles 1121 S. Boyle Avenue Suite 201 Los Angeles, CA 90023 6. General Plan Designation: Commercial/industrial (CI) 7. Zoning: Industrial Commercial (I -C) 8. Description of the Proposed Project: See Section 2.3. 9. Surrounding Land Uses and Setting: See Section 2.2. 10. Other public agencies whose approval is required: Caltrans for approval of a development/design plan pursuant to the Outdoor Advertising Act 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? At the time this Initial Study was made available for public review, one request for consultation has been received (by the Gabrieleno Band of Mission Indians — Kizh Nation). A tribal representative from the Gabrieleno Band of Mission Indians — Kizh Nation is anticipated to be present during some or all of the Project construction activities. January 2022 Page 12 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Significant With Mitigation Incorporated" asindicated bythe checklist nnthe following pages. DETERMINATION On the basis of this initial evaluation: Aesthetics Agriculture and Forestry Resources NEGATIVE DECLARATION will be prepared. Air Quality I find that although the proposed Project could have a significant effect on the environment, there will Biological Resources X, Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions ENVIRONMENTAL IMPACT REPORT is required. Hazards and Hazardous 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 Materials Hydrology and Water Quality Land Use and Planning REPORT is required, but it must analyze only the effects that remain to be addressed. Mineral Resources I find that although the proposed Project could have a significant effect on the environment, because all Noise Population and Housing Public Services that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. Tribal Cultural Recreation Transportation Resources Utilities and Service Systems Wildfire Mandatory Findings of DETERMINATION On the basis of this initial evaluation: CITY OF Baldwin Park January 2022 Page 13 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 x 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. 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. 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. CITY OF Baldwin Park January 2022 Page 13 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration EVALUATION OF ENVIRONMENTAL IMPACTS The environmental analysis in this section is patterned after CEQA Guidelines Appendix G. An explanation is provided for all responses with the exception of "No Impact" responses, which are supported by the cited information sources. The responses consider the whole action involved, including on- and off-site project level and cumulative, indirect and direct, and short-term construction and long-term operational impacts. The evaluation of potential impacts also identifies the significance criteria or threshold, if any, used to evaluate each impact question. If applicable, mitigation measures are identified to avoid or reduce the impact to less than significant. There are four possible responses to each question: • Potentially Significant Impact. This response is appropriate when there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries, upon completion of the Initial Study, an EIR is required. • Less than Significant With Mitigation Incorporated. This response applies when the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact". The Lead Agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. • Less than Significant Impact. A less than significant impact is one which is deemed to have little or no adverse effect on the environment. Mitigation measures are, therefore, not necessary, although they may be recommended to further reduce a minor impact. • No Impact. These issues were either identified as having no impact on the environment, or they are not relevant to the project. January 2022 Page 14 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.0 ENVIRONMENTALANALYSIS 4.1 Aesthetics a. Have a substantial adverse effect on a X scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible X vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d. Create a new source of substantial light or glare which would adversely affect day or X nighttime views in the area? X Existing Visual Setting As depicted on Figure 3, Site Plan, under existing conditions the Project site is fully developed. The southwest portion of the Project site is developed with an existing commercial building that is currently occupied by Industrial Powder Coatings. A small asphalt -paved parking lot and storage area is located surrounding the commercial building. The north -central portion of the Project site, where the proposed billboard would be installed, is asphalt -paved. A grassy strip of land and a high concrete wall separates the Project site from the 1-10 freeway corridor. The proposed Project evaluated herein entails the construction of a dual -faced digital billboard on the north -central portion of the Project site. Public views of the Project site are available primarily from motorists traveling along the 1-10 freeway, and motorists and pedestrians traveling along Virginia Avenue. The visual character of the 1-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, cement dividers located along the center and shoulder of the 1-10, and large street trees. As shown on Figure 4, Visual Simulations, views of the southwest corner of the Project site experienced from the 1-10 corridor consists of the frontage of the commercial building and nearby palm trees. Views of the Project site from Virginia Avenue include frontage views of the commercial building, asphalt parking lot, and vegetation. Nonetheless, impacts to private views are not a subject of consideration in this MND because the City does not have any ordinances or policies in place that protect views from privately -owned property. January 2022 Page 15 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. The Project site is located in a low-lying, valley floor in the southern portion of the City. The City of Baldwin Park General Plan does not identify or discuss scenic vistas throughout the City; however, the nearest potential scenic vistas within the vicinity include views of the San Gabriel Mountains, approximately 6.3 miles to the north, and the Hacienda Hills, approximately 3.3 miles to the southwest. These distant landforms are prominently visible from the Project site's vicinity on clear days but not under typical conditions due to atmospheric haze that is common throughout the region. With mandatory compliance with the City of Baldwin Park Municipal Code requirements for billboard signage, Project -related development would not adversely affect views of the San Gabriel Mountains from nearby public viewing areas on clear days when the mountains are visible because the maximum height of the billboard would reach approximately 90 feet above ground and would not result in obstruction of, or substantially detract from, public views of the mountains along the horizon. Because public views of the San Gabriel Mountains would still be available from public viewing areas surrounding the Project site and the proposed digital billboard would be substantially lower in height (90 feet above existing grade), compared to the approximate 10,000 -foot peak height of the mountain range, the Project would not have a substantial adverse effect on the public views of the surrounding mountains. Accordingly, the Project would result in a less -than -significant impact on the San Gabriel Mountains scenic vista. (USGS, 2004) Based on the foregoing analysis, the future development of a billboard on the north -central portion of the Project site would not have a substantial adverse effect on scenic vistas, and a less -than -significant impact would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Implementation of the proposed Project would not damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. The Project site is not visible from a State scenic highway. Therefore, there is no potential for impacts to occur. Under existing conditions, the entirety of the Project site is developed, and no trees or rock outcroppings are located within the northwestern portion of the Project site proposed to be developed with the digital billboard. Accordingly, the Project would not entail the damage or removal of any trees or rock outcroppings. Additionally, the Project has no potential to damage historic buildings, as none occur on the Project site under existing conditions. Caltrans does not officially designate any scenic highways within the City of Baldwin Park or within the vicinity of the Project site, including the segment of the 1-10 freeway located to the immediate north of the Project site (Caltrans, 2011). Accordingly, the proposed Project has no potential to damage scenic resources within a State scenic highway and no impact would occur. C) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? January 2022 Page 16 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Less Than Significant Impact. The Project Applicant proposes to construct and operate a digital, dual - faced billboard on the north -central portion of the Project site. The Project site and the surrounding area is fully urbanized and developed with commercial and freeway -oriented land uses. The visual character of the 1-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, cement dividers located along the center and shoulder of the 1-10, large street trees, various commercial signage posts, chain-link fencing, and lighting posts located along adjacent roadways and parking lots. Therefore, the installation and operation of a digital billboard on the site is conducive with the commercial nature of the Project area and environs located adjacent to the freeway corridor. The Project does not propose to alter the existing buildings and landscaping features on the Project site. City staff is required to review the proposed design of the billboard as part of the approval process, and design parameters will be imposed by the City based on Section 153.170 of the Zoning Code (Sign Regulations). Thus, the Project would be consistent with the commercial character of the area, and would not result in the substantial degradation of the existing visual character or quality of the site and its surroundings. Accordingly, a less -than -significant impact would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. Under existing conditions, the Project site is developed with commercial land uses. Exterior lighting is present within neighboring commercial areas to the south, east, and west of the Project site. Lighting posts are located within roadways and parking lots adjacent to the 1-10 corridor in the vicinity of the Project site. The proposed Project would result in an increase in ambient light generation via the projection of images on an LED interface that would be visible to motorists traveling on the 1-10 freeway. Due to the height of the billboard (87 feet), all or a portion of the LED display also would be visible from nearby properties, including the residential neighborhoods nearby (see Appendix B for sign elevation). Light measurements utilize foot-candles as a unit of lighting intensity, which is the amount of light produced by a single candle when measured from one foot away (for reference, a 100 -watt light bulb produces 137 foot-candles at one foot away). According to the Project's lighting study prepared by Daktronics (included herein as Technical Appendix A), and as shown on Figure 5, Billboard Lighting Intensity, due to the lighting direction and intensity of the proposed billboard, residential areas within the vicinity of the Project site would experience a nearly undetectable increase in ambient light as a result of the operation of the proposed digital billboard. Ambient light levels within residential neighborhoods are more heavily impacted by porch lights and landscape lights than the lighting that would be produced by the proposed billboard. Additionally, City of Baldwin Park Municipal Code § 153.170, regulates the operation of digital billboards with respect to illumination. As shown on Figure 5, Billboard Lighting Intensity, the lighting study demonstrates that the illumination produced by the proposed billboard would not exceed 0.2 foot candles at 250 feet at any angle from its west -facing or east -facing sides. Furthermore, the billboard would be required to be equipped with a light sensing device that would automatically adjust the billboard's brightness in order to meet the light intensity requirement with respect to changes in ambient light conditions. Compliance with the aforementioned requirements and the requirements of § 153.170 of the City's Municipal Code would ensure that the Project does not result in substantial light and/or glare impacts. January 2022 Page 17 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Aesthetics: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts associated with aesthetics. Therefore, no mitigation measures are required. January 2022 Page 18 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 19 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 21 Legend Project Parcel Calculations are based on red, green, and blue LEDs (white content) powered to their maximum potential for nighttime viewing. Values are shown in footcandles (fc.) - Display at 3% Maximum Daytime Brightness - Calculations take into account overall height of 87' - Any rise or fall in elevation or physical blockage is not shown in calculations 0 100 200 Feet VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT BALDWIN PARK, CALIFORNIA Figure 5. Billboard Lighting Intensity Ili Hann i RiGroup Pt.aApuh 6 i mei%Yy, 3Y R A, t I�JYl)tk l'l$.tB �Ii'Ytt Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration This page intentionally left blank. January 2022 Page 23 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a2 Agriculture and Forestry Resources a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland X 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 X contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 1222(g)) or X timberland (as defined in Public Resources Code section 4526)? d. Result in the loss of forest land or IX conversion of forest land to non -forest use? e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use or conversion of forest land to non -forest use? 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? No Impact. The City of Baldwin Park is mostly built -out and does not contain any significant agricultural resources. According to mapping conducted by the CDC as part of the Farmland Mapping & Monitoring Program (FMMP), the Project site is identified as containing "Other Land." The Project site and surrounding areas do not contain any soils mapped by the CDC as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. (CDC, 2021) Accordingly, implementation of the proposed Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Thus, no impact would occur and no mitigation is required. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project site and areas to the south and west are zoned Industrial Commercial (I -C) Properties located to the north and east of the Project site are zoned as Freeway Commercial (F -C). There are no existing or proposed agricultural zoning designations affecting the Project site or surrounding area. January 2022 Page 24 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration As such, the Project has no potential to conflict with agricultural zoning designations, and no impact would occur. According to information available from the California Department of Conservation (CDC), there are no agricultural lands subject to a Williamson Act Contract within the City of Baldwin Park (CDC, 2021). Accordingly, the proposed Project would not conflict with a Williamson Act contract. No impact would occur and no mitigation is required. C) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site and surrounding areas are developed with commercial and industrial uses under existing conditions. There are no forest resources on the Project site or within the vicinity of the Project site. There are no lands within the City of Baldwin Park, including the Project site and properties surrounding the Project site, that are zoned for forest land, timberland, or timberland zoned Timberland Production (Baldwin Park, 2002a, Fig. LU -6). Accordingly, the proposed Project has no potential to impact properties zoned for forest land, timberland, or timberland zoned Timberland Production. As such, no impact would occur and no mitigation is required. d) Result in the loss of forest land or conversion of forest land to non forest use? No Impact. The City of Baldwin Park, including the Project site and properties surrounding the Project site, does not contain any forest lands. Under existing conditions, the Project site is developed with commercial uses and contains only limited ornamental landscaping. Accordingly, the proposed Project has no potential to result in the loss of forest land or the conversion of forest land to non -forest use. No impact would occur and no mitigation is required. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non forest use? No lmpact. As indicated in the analyses presented above under Thresholds a) through d), the Project site and surrounding areas do not contain any lands that are used for farmland or forest land. Accordingly, the proposed Project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or the conversion of forest land to non -forest use. Thus, no impact would occur and no mitigation is required. Agriculture and Forestry Resources: Mitigation Measures The Project would result in no impact to agriculture and forestry resources. Therefore, no mitigation measures are required. January 2022 Page 25 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 43 Air Quality a. Conflict with or obstruct implementation of the applicable air quality pian? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under X an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial X pollutant concentrations? d. Result in other emissions (such as those leading to odors) adversely affecting a X substantial number of people? /1 Criteria pollutants are pollutants that are regulated through the development of human health -based and/or environmentally -based criteria for setting permissible levels. Criteria pollutants include ozone (03), nitrogen oxides (NOx), volatile organic compounds (VOCs), particulate matter less than 10 microns (PM1o), particulate matter less than 2.5 microns (PMz.$), sulfur dioxide (SOA carbon monoxide (CO), reactive organic gases (ROGs), and lead. The Project site is located within the South Coast Air Basin (SCAB), a 6,745 -square mile sub -region of the South Coast Air Quality Management District (SCAQMD). The SCAB is bound by the Pacific Ocean to the west; the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, respectively; and the San Diego County line to the south. a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet State and Federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions and accommodate growth. The most recent AQMP (2016) was adopted by the SCAQMD Governing Board. The SCAQMD established criteria for determining consistency with their AQMP, which are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD CEQA Air Quality Handbook and are discussed below. Consistency Criterion No. 1: A proposed project would not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of the AQMP's air quality standards or the interim emissions reductions. • Consistency Criterion No. 2: A proposed project would not exceed the AQMP's assumptions or increments based on the years of the project build -out phase. January 2022 Page 26 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Implementation of the proposed Project would entail the installation of a digital billboard, the construction and operation of which would not result in an increase in the frequency or severity of existing air quality violations, nor would it rause or contribute to new violations that would inhibit attainment of air quality standards specified inthe ADMP. Construction and installation are anticipated tooccur over a 2'3 day period, and would not result in the generation nfemissions that would exceed the S[AQMD'o adopted thresholds for construction emissions. Operation of the project would not result in any direct emissions of criteria pollutants, and the project would not generate additional vehicle trips or vehicle miles traveled. As such, the project would not result in mobile source emissions. Operation of the billboard would require a negligible amount of electricity to be used, but at an amount that would not generate notable emissions of criteria pollutants. Additionally, the proposed Project would not affect any regional population, housing, and employment projections prepared for the City of Baldwin Park by 3CAG, and therefore vvuu|d not exceed the assumptions in the AQMP. As a result, the proposed Project vvuu|d not conflict with, or obstruct the implementation of, the applicable air quality plan and no impacts would occur. b) Result in a cumulatively considerable net increase of any criteria pollutantfor which the project region is non-attainment under an applicable federal or state ambient air quality standard? Impact.Less Than Significant Air quality impacts/emissions associated with a project can be placed into two categories: temporary (short-term) or long-term emissions. Temporary (short-term) emissions are generally associated with the demolition, grading, and construction activities of the project while long- term emissions are associated with the day-to-day operation, use, and area emissions from such activities onA'ternnenoissionsareassodatedvviththeday-to'dayuperatinn,uso,andarouemissionsfromsuchuctivities as vehicle use, consumer product use, and energy generation/consumption. The SCAB does not achieve the State of California standards for 03, PK41o, and PMzs, and also does not achieve federal standards for U3and PMzs /S[ADMD, 2813, Ch. 2\. Asa single sign project with minimal constructinnandoperationa|re|atedennioinns,theProjectxvou|dresu|tinane0|igib|e|eve|ofennissions in comparison to SCAQMD's regional thresholds of significance. Therefore, the Project would not result in acumulatively considerable net increase inemissions. Accordingly, implementation of the Project would not substantially contribute to a net increase of any criteria pollutant for which the Project region is non- attainment or is considered an 03 precursor; therefore, impacts would be less than significant and less than cumulatively considerable. 6 Expose sensitive receptors tosubstantial pollutant concentrations? Less Than Significant Impac . A^sensitive receptor" is person in the population who is particularly susceptible to health effects duo to exposure to an air contaminant than is the population at large. Sensitive receptors and associated facilities that house them in proximity to local CO sources, toxic air contaminants, or odors are ufparticular concern in the evaluation of potential pollutant concentrations. Sensitive receptors include children, the elderly, persons with preexisting respiratory urcardiovascular illness, and athletes and others who engage in frequent, heavy cardiovascular exercise. Sensitive receptors located nearest the Project site include the residences located tuthe southeast, southwest, and northeast of the Project site. As described in Threshold b), above, Project-related construction and operation would not produce emissions above the 3C4{lK4D'sregional thresholds ofsignificance. |naddition, due tothe nature ofthe Project (proposed stationary digital billboard), its trip generation would be nominal at one two-way trip approximately six to eight times per year, for billboard maintenance. A maximum ofone two-way trip January 2022 Page 27 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration approximately six to eight times per year is not significant enough to result in a CO "hntspot" that could lead toanexoeedanceofthe State's COstandards. Accordingly, nosubstantial pollutant concentrations would result from the Project's construction or operation and a less -than -significant impact to sensitive receptors would occur. d) Result in other emissions (such as those leading to odors adversely affecting o substantial number ofpeople? Less Than Significant Impac The proposed Project would involve the construction and operation of digital billboard, which is not a land use typically associated with emitting objectionable odors. Potential temporary odor sources associated with the construction of the proposed Project may result from construction equipment exhaust and the application of asphalt (if necessary for Project construction). Construction -related odor emissions would be temporary, short'term, and intermittent in nature and would cease upon completion nfthe respective phases ofconstruction. |naddition, these types ofodors are common in construction activities and are not considered to be offensive or objectionable to a large portion ofthe population. As such, odor emissions associated with construction activities is considered less than significant. The Project'oconaLruction'8enerated refuse would be stored in covered containers and removed at regular intervals in compliance with the City's solid waste regulations. The proposed Project would also be required to comply with SCADMD Rule 402 to prevent occurrences of public nuisances related Loodors. Therefore, odors associated with construction and operation of the Project would beless than significant and nomitigation isrequired. Air Quality: Mitigation Measures The proposed Project would result in less -than -significant impacts to air quality; accordingly, mitigation measures are not required. January 2022 Page 28 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4A Biological Resources 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? January 2022 Page 29 Less Than 'Potentially Significant Less Than I I No Would the project. Significant with St g nificant Impact Impact, Mitigation Impact Incorporated 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 x 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 x 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 state or federally protected wetlands (including, but not limited to, marsh, vernal pool, x 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 x 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, x 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 x approved local, regional, or state habitat conservation plan? 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? January 2022 Page 29 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration No Impact. Under existing conditions, the Project site is developed with an existing commercial building. The proposed 10 -foot by 10 -foot disturbance area of on the northwestern portion of the Project site does not contain native habitat or sensitive plant species or vegetation that serve as habitat to sensitive animal species. Accordingly, no impacts to sensitive species would occur and no mitigation measures are necessary. 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? No Impact. The Project site is developed with commercial land uses under existing conditions. The Project site does not contain riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or the USFWS. Accordingly, no impact to riparian habitat would occur. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The Project site is developed with commercial land uses and does not contain any wetlands. Accordingly, the proposed Project would have no impact 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, 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? No Impact. Under existing conditions, the Project site is developed with existing commercial building. Under existing conditions, the Project site does not provide habitat for native species, is not part of a terrestrial wildlife movement corridor, and does not serve as a native wildlife nursery site. The Project does not entail the removal of any trees or other vegetation where nesting birds may be present. Regardless, mandatory compliance with the federal Migratory Bird Treaty Act (MBIA) would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site during construction activities. Accordingly, implementation of the proposed Project would have no potential to interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or with 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? No Impact. The Project site is developed with commercial uses under existing conditions. No vegetation would be removed during the Project's construction or operation phases. Additionally, mandatory compliance with the federal MBTA would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site at the time of construction. There are no other local policies or ordinances protecting biological resources that are applicable to the proposed Project; accordingly, no impact due to a conflict with any local policies or ordinances protecting biological resources would occur as a result of Project implementation. January 2022 Page 30 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, orother approved local, regional, or state habitat conservation plan? No Impact. According to the CDFVV there are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable tu the Project site ([OFVV 2019). Accordingly, the Project has no potential to conflict with any of the above and noimpact would occur. Biological Resources: Mitigation Mea ures Implementation of the proposed Project would not result in no impact to biological resources; accordingly, mitigation measures are not required. January 2022 Page 31 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.5 Cultural Resources a. Cause a substantial adverse change in the significance of a historical resource X pursuant to § 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource X pursuant to § 15064.5? c. Disturb any human remains, including those interred outside of dedicated X cemeteries? a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? No Impact. None of the Project site's existing features are included on the National Register of Historic Places, the California Register of Historical Resources, or the California Historic Resources Information System (NPS, 2019; OHP, 2021). Thus, because the existing structure on the Project site is not on federal, State, or local lists of designated historic resources and not eligible for listing, the building is not historically significant as defined by CEQA Guidelines §15064.5 and no impact to historical resources would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Less Than Significant Impact with Mitigation incorporated. There is a remote potential for archaeological resources to be unearthed during the Project's ground -disturbing construction activities. However, given the small proposed area of disturbance and the currently disturbed condition of the proposed 10 -foot by 10 -foot area where subsurface disturbance would occur, it is highly unlikely that resources, if unearthed, would be eligible for inclusion in the California Register of Historical Resources. Although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, a potentially significant impact would occur if the resource is not properly identified and appropriately treated. Thus, mitigation is required to ensure that potentially significant archaeological resources are properly identified and appropriately treated. With implementation of Mitigation Measure MM CR -1 and MM CR -2 (see below), the Project's potential impact to archaeological resources would be reduced to levels that are less than significant. C) Disturb any human remains, including those interred outside of dedicated cemeteries? No Impact. The Project site is not known to have ever been used as a cemetery. The possibility of uncovering human remains during Project -related grading activities is also remote due to fact that the previous development of the site has substantially disturbed the subsurface of the site. Pursuant to California Health and Safety Code Section 7050.5, in the unlikely event human remains are encountered during ground -disturbing activities, no further disturbance shall occur until the County Coroner has made January 2022 Page 32 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration the necessary findings as to origin. Pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner. If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted and the NAHC must then immediately notify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendants) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Mandatory compliance with these requirements would ensure that potential impacts associated with the discovery of human remains would not occur. Cultural Resources: Mitigation Measures MM CR -1: Archaeological Monitoring. Prior to the issuance of a grading permit, the Project Applicant or construction contractor shall provide evidence to the City of Baldwin Park that the construction site supervisors and crew members involved with grading and trenching operations are trained to recognize archaeological resources, should such resources be unearthed during ground -disturbing construction activities. If a suspected archaeological resource is identified on the property, the construction supervisor shall be required by his contract to immediately halt subsurface ground -disturbing activities and seek identification and evaluation of the suspected resource by a professional archaeologist. This requirement shall be noted on all grading plans and the construction contractor shall be obligated to comply with the note. The archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 15064.5(a). If the resource is not a significant archaeological resource, further mitigation is not required. If the resource is significant, Mitigation Measure MM CR -2 shall apply. MM CR -2: Addressing Significant Archaeological Resources. If a significant archaeological resource(s) is discovered, the archaeological monitor, the Project Applicant, and the City of Baldwin Park Community Development Department shall confer regarding mitigation of the discovered resource(s) pursuant to California Public Resources Code Section 21083.2. A treatment plan shall be prepared, approved by the City of Baldwin Park Community Development Department, and implemented by the archaeologist. January 2022 Page 33 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a6 Energy a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of X energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy X efficiency? a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. The means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on renewable energy sources. In particular, the proposed Project would be considered "wasteful, inefficient, and unnecessary" if it were to violate State and federal energy standards and/or result in significant adverse impacts related to project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation. The proposed Project would use a limited amount energy resources for the operation of the digital billboard (e.g., electricity), for on -road vehicle trips 6-8 times per year for maintenance (e.g. gasoline and diesel fuel) generated by the Project (both during project construction and operation), and from off-road construction activities associated with the Project (e.g. diesel fuel). Each of these activities would require the use of energy resources. The Project would be responsible for conserving energy, to the extent feasible, and would be required to comply with Statewide and local measures regarding energy conservation, such as Title 24 building efficiency standards. The proposed Project would be in compliance with all applicable federal, State, and local regulations regulating energy usage. For example, Southern California Edison (SCE) is responsible for the mix of energy resources used to provide electricity for its customers, and it is in the process of implementing the Statewide Renewable Portfolio Standard (RPS) to increase the proportion of renewable energy (e.g. solar and wind) within its energy portfolio. SCE has achieved at least a 33 percent mix of renewable energy resources, and will be required to achieve a renewable mix of at least 50 percent by 2030. Other statewide measures, including those intended to improve the energy efficiency of the statewide passenger and heavy-duty truck vehicle fleet (e.g. the Pavley Bill and the Low Carbon Fuel Standard) are improving vehicle fuel economies, thereby conserving gasoline and diesel fuel. These energy savings would continue to accrue over time. January 2022 Page 34 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration As a result, the Project would not result in any significant adverse impacts related to Project energy requirements, energy use inefficiencies, and/or the energy intensiveness of materials by amount and fuel type for each stage of the Project including construction, operations, maintenance, and/or removal. Both SCE, the electricity provider to the site, and Southern California Gas, the natural gas provider to the site, maintain sufficient capacity to serve the proposed Project. The Project would be required to comply with all existing energy efficiency standards, and would not result insignificant adverse impacts on energy resources. Therefore, the proposed Project would not result in avvastefu|, inefficient, or unnecessary of energy resources during Project construction or operation. Impacts would be less than significant. b) Conflict with orobstruct ostate mrlocal plan for renewable energy mrenergyefficiency? Less Than Si-gnificantimpac The Project isdesigned with LED displays, which would require 16amps of operatingpovver. This level ofpower demand is considered negligible. Assuch, the Project would not conflict with orobstruct a state urlocal plan for renewable energy orenergy efficiency; impacts would be less than significant. Energy: Mitigation Measures Implementation of the proposed Project vvnu|d result in less -than -significant impacts due to energy; therefore, mitigation measures would not be required. January 2022 Page 35 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a7 Geology and Soils January 2022 Page 36 Less Than 'Potentially Significant Less Than I I No Would the project. Significant with St g nificant Impact Impact, Mitigation Impact Incorporated a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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 X or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? X 3) Seismic -related ground failure, X including liquefaction? 4) Landslides? X b. Result in substantial soil erosion or the loss X 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 X 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 X (1994), creating substantial direct or indirect risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? f. Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? January 2022 Page 36 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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. No Impact. There are no known faults on the Project site and the Project site is not located within an Alquist-Priolo earthquake fault zone (USGS, 2021). As such, there is no potential for ground rupture at the site. 2) Strong seismic ground shaking? Less Than Significant Impact. Southern California is a seismically active area and properties in the City of Baldwin Park, including the Project site, are subject to periodic ground shaking and other effects from earthquake activity along nearby and regional faults. Fault zones in the regional vicinity with the potential to cause moderate ground shaking in the City of Baldwin Park include the San Andreas Fault Zone, the Sierra Madre Fault Zone, the Newport -Inglewood Fault, the Norwalk Fault, and the Whittier Fault (USGS, 2021). Similar to all other development projects within Southern California, the Project has the potential to expose people or structures to adverse effects associated with seismic events. The Project would be required to comply with the most current California Building Code (CBC), which requires the incorporation of special structural design standards to attenuate hazards associated with credible seismic ground shaking events that are anticipated in the Project area. Compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground shaking effects are attenuated. As such, impacts would be less than significant and mitigation is not required. 3) Seismic -related ground failure, including liquefaction? Less Than Significant Impact. The Project site is located within a current mapped California Liquefaction Hazard Zone (CDC, 1999). Liquefaction typically occurs in loose granular and cohesionless soils with shallow groundwater (within approximately 50 feet below ground surface [bgs]). During an earthquake, distortion of soil mass occurs and pore pressure increases resulting in a decrease in bearing capacity. After dissipation of the excess pore pressures, the saturated soils tend to settle. According to the City's General Plan EIR, data provided by water service providers in Baldwin Park indicate that the depth to groundwater throughout the City is greater than 50 feet bgs; therefore, the potential for liquefaction hazard is low (Baldwin Park, 2002b, p. 89). Nonetheless, compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground shaking effects, that may lead to liquefaction are attenuated. As such, impacts would be less than significant and mitigation is not required. 4) Landslides? No Impact. The Project site is not located within a current mapped California Earthquake -Induced Landslide Hazard Zone (CDC, 1999). Additionally, the Project site and surrounding area is generally flat and lacking of prominent topographical features. As such, no impacts related to landslide would occur and mitigation is not required. January 2022 Page 37 Virginia Avenue Digital Billboard Project Initial Study/mitigated Negative Declaration b) Result in substantial soil erosion or the loss of topsoil? No Impact. Under existing conditions, the entirety of the Project site is developed and limited excavation would be required for installation of the billboard support column and associated utility connections. Project excavation could remove some soil from the Project site; however, excavated soil would not remain on-site and would immediately be transported to the Puente Hills Landfill, located approximately 3.5 miles southwest of the Project site. Given the currently developed character of the Project site, the limited area of disturbance, and the fact that excavated soil would not be left on-site to erode, no impacts related to soil erosion or loss of topsoil would be anticipated. Additionally, the long-term operation of the Project as a digital billboard would not result in increased erosion effects and would not increase the volume or velocity of water discharged from the site. Accordingly, no impacts related to soil erosion or loss of topsoil would occur and no mitigation is required. 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? Less Than Significant Impact. Potential landslide, lateral spreading, soil stability, and liquefaction hazards are addressed above under the discussion and analysis of Thresholds a) and b). As discussed under Thresholds a) and b), with mandatory compliance with applicable requirements and standards of the CBC, impacts due to landslides and liquefaction would be less than significant and mitigation is not required. Additionally, the entirety of the Project site is fully developed and the likelihood for the Project to be subject to unstable soils is low. The billboard column is proposed to be secured to a footing installed at a depth of approximately 42 feet bgs to ensure stability. Based on the foregoing analysis, and with mandatory compliance with the CBC requirements, the proposed Project would result in less -than - significant impacts due to unstable soil conditions that could result in on- or off-site landslides, lateral spreading, subsidence, liquefaction, and collapse. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact. The Project site is fully developed under existing conditions. Additionally, no new grading or significant excavation activities would not be required as part of the construction of the proposed billboard. The billboard column is proposed to be secured in an approximately 42 -foot deep footing to ensure stability. Accordingly, the Project would not create a substantial risk to life or property associated with expansive soils, and no impact would occur. 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? No Impact. The proposed Project is a digital billboard, and would not utilize septic tanks or alternative wastewater disposal systems. Accordingly, no impact would occur. D Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. The Project site is not known to have ever contain unique paleontological resource or contain a unique geologic feature. As such, impacts would be less than significant and mitigation is not required. January 2022 Page 38 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration GeologV and Soils: Mitigation Measures Implementation ofthe proposed Project would result in less -than -significant impacts due to geology and soils; therefore, mitigation measures would not be required. January 2022 Page 39 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a8 Greenhouse Gas Emissions a. Generate greenhouse gas emissions, either directly or indirectly, that may have a X significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse X gases? Existing Setting Various gases in the Earth's atmosphere, classified as atmospheric greenhouse gases (GHGs), play a critical role in determining the Earth's surface temperature. Solar radiation enters Earth's atmosphere from space, and a portion of the radiation is absorbed by the Earth's surface. The Earth emits this radiation back toward space, but the properties of the radiation change from high -frequency solar radiation to lower -frequency infrared radiation. Naturally occurring GHGs include water vapor (H2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and ozone (03). Several classes of halogenated substances that contain fluorine, chlorine, or bromine are also GHGs, but they are, for the most part, solely a product of industrial activities. Although the direct GHGs, including CO2, CH4, and N2O, occur naturally in the atmosphere, human activities have changed their atmospheric concentrations. From the pre -industrial era (i.e., ending about 1750) to 2011, concentrations of these three GHGs have increased globally by 40,150, and 20 percent, respectively (IPCC, 2013). Greenhouse gases, which are transparent to solar radiation, are effective in absorbing infrared radiation. As a result, this radiation that otherwise would have escaped back into space is now retained, resulting in a warming of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), ozone (03), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs). Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. In California, the transportation sector is the largest emitter of GHGs, followed by the industrial sector (California Energy Commission, 2020). As the name implies, global climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants, which are pollutants of regional and local concern, respectively. California produced 424 million gross metric tons of carbon dioxide equivalents (MMTCO2e) in 2019 (California Energy Commission, 2019). Given that the U.S. EPA estimates that worldwide emissions from human activities totaled nearly 46 billion gross metric tons of carbon dioxide equivalents (BMTCO2e) in 2010, California's incremental contribution to global GHGs is approximately 2% (U.S. EPA, 2014). January 2022 Page 40 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Carbon dioxide equivalents are a measurement used to account for the fact that different GHGs have different potential to retain infrared radiation in the atmosphere and contribute to the greenhouse effect. This potential, known as the global warming potential of a GHG, is also dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. Expressing GHG emissions in carbon dioxide equivalents takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted. Consumption of fossil fuels in the transportation sector was the single largest source of California's GHG emissions in 2014, accounting for 41% of total GHG emissions in the state. This category was followed by the industrial sector (24%), the electricity generation sector (including both in-state and out of -state sources) (15%) and the agriculture sector (8%) (California Energy Commission, 2016). Determination of Significance Thresholds In 2012, SCAQMD released a draft guidance for greenhouse gas emission thresholds for residential and commercial projects, which presents the following thresholds for evaluating GHG emissions from such projects: • Tier 1: If the project is exempt under existing statutory or categorical exemptions there is a presumption of "less -than -significant" impacts with respect to climate change. • Tier 2: If the project's GHG emissions are within the GHG budgets in an approved regional plan (plans consistent with CEQA sections 15064(h)(3), 15125(d), or 15152(s)), there is a presumption of "less -than -significant" impacts with respect to climate change. • Tier 3: Consists of screening values at the discretion of the lead agency; however, they should be consistent for all projects within its jurisdiction. Project -related construction emissions should be amortized over 30 years and should be added back the project's operational emissions. The following thresholds are proposed for consideration: 0 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year for all land use types; or 0 3,500 MTCO2e per year for residential; 1,400 MTCO2e per year for commercial; or 3,000 MTCO2e per year for mixed-use projects. • Tier 4: Does the project meet one of the following performance standards? If yes, there is a presumption of "less -than -significant" impacts with respect to climate change. o Option 1: Reduce emissions from business as usual by a certain percentage (currently undefined); o Option 2: Early implementation of applicable AB 32 Scoping Plan measures; or o Option 3: A project -level efficiency target of 4.8 MTCO2e per service population as a 2020 target and 3.0 MTCO2e per service population as a 2035 target. The recommended plan - level target for 2020 is 6.6 MTCO2e and the plan level target for 2035 is 4.1 MTCO2e. • Tier 5: Involves mitigation offsets to achieve target significance thresholds. According to the SCAQMD's proposed GHG screening threshold for stationary source emissions described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans ("SCAQMD Interim GHG Threshold"), a screening threshold of 3,000 MTCO2e per year to determine if additional analysis is required as an acceptable approach for small non -industrial projects. The City of Baldwin Park has not adopted its own numeric threshold of significance for determining impacts with respect to GHG emissions. Therefore, for purposes of analysis herein, the proposed Project may have a January 2022 Page 41 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration significant adverse impact on GHG emissions if it would generate GHG emissions that exceed the SCAQMD/sproposed 3,U0UK4TCO%eper year screening threshold for all land use types (Tier 3>. mj Generate greenhouse gas emissions, either directly or indirectly, that may have o significant impact mnthe environment? Less Than Significant Impact. Operational activities associated with the proposed Project would result in emissions of CO2, CH4, and NzO strictly from energy source emissions from the Project's electricity demand and mobile source emissions as a result ofbillboard maintenance visits (six to eight times per year). Additionally, construction activities would be minor and last approximately one week. Therefore, Project -related construction and operation would produce a negligible amount of emissions in comparison the SCAQMD's interim threshold of 3,000 MTCO2e per year. Therefore, the proposed Project xxou|dreau|tina|ess'than'si8nificantimpoc1toGHGemissions,ondmitigatinnisnotrequired. b) Conflict with an applicable plan, policy orregulation adopted for the purpose ofreducing the emissions ofgreenhouse gases? /Voimpact As discussed in Threshold a) above, the Project would not generate GHG emissions above the SCA{}MD draft screening level threshold of 3,000 K8TCO2e per year that is utilized to evaluate the significance of small non -industrial project's GHG emissions. Additionally, activities associated with the Project would be subject to all applicable federal, state, and regional requirements adopted for the purpose of reducing GHG emissions, including, but not limited to: [BS[Tit|e 24 Energy Standards (also known as Ca|Green); California Assembly Bill (AB) 1493; Executive Orders S'3'0Gand B'30'15;AB32; Senate Bill (38) 1368;3B97; S832 /3016\; and the applicable policies ofthe City's General Plan that reduce GHG emissions. There are noother plans, policies, nrregulations adopted for the purpose of reducing GHG emissions that are applicable to the Project area; therefore, the Project would have no potential to conflict with such plans, policies, or regulations. The Project would also not generate an impact with respect toThreshold b>, and no mitigation is necessary. Greenhouse Gas Emissions: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts duo to GHG emissions; therefore, mitigation measures would not berequired. January 2022 Page 42 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a9 Hazards and Hazardous Materials a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? January 2022 Page 43 Less Than Potentially Significant Less'th;an No Would the project. Significant with Significant Impact impact Mitigation Impact Incorporated a. Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, X 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 X 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 X project result in a safety hazard or excessive noise for people residing or working in the project area? f. Impair implementation of or physically interfere with an adopted emergency X response plan or emergency evacuation plan? g. Expose people or structures, either directly or indirectly, to a significant risk of loss, X injury or death involving wildland fires? a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? January 2022 Page 43 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 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? 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? Less Than Significant Impact. Implementation of the proposed Project would result in the construction and operation of a digital billboard. While construction of the proposed billboard would disturb soil, there are no known hazardous materials at the Project site and no hazardous materials would be emitted during operation of the billboard. Heavy equipment would be used during construction of the proposed Project, which would be fueled and maintained by substances such as oil, diesel fuel, gasoline, hydraulic fluid, and other liquid materials that would be considered hazardous if improperly stored or handled. Improper use, storage, or transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the proposed Project than would occur on any other similar construction site, and such impacts would be less than significant. Project maintenance may require the removal and replacement of defective LED enclosures, thereby resulting in waste from the disposal of the LED unit. However, LED bulbs are not considered toxic or hazardous and are disposed of in regular landfills. Moreover, implementation and compliance with the City of Baldwin Park Municipal Code § 153.140.030, Hazardous Materials and Waste, would further ensure that any potential impacts would be less than significant (Baldwin Park, 2020, § 153.140.030). There are no other components of the Project's proposed construction or operation characteristics that have the potential to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials. Accordingly, a less -than -significant impact would occur and no mitigation would be required. C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The Project site is not located within one-quarter mile of an existing or proposed school. The nearest school to the Project site is Tracy Elementary School located approximately 0.51 miles northwest of the Project site. Accordingly, the proposed Project has no potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur and no mitigation is required. 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 or excessive noise for people residing or working in the project area? No Impact. The nearest airport to the Project site is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County Airport Land Use Commission (ALUC), the Project site is not located within the influence area of any known airport within the County of Los Angeles (ALUC, 2012). Accordingly, no airport safety impacts would occur and no mitigation is required. D Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? January 2022 Page 44 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration No Impact. Due tothe inherent, small-scale nature and location ofthe proposed billboard on the north - central portion of the developed Project site, the Project would not physically interfere with an adopted emergency response plan oremergency evacuation plan. Additionally, all construction activities would occur on'dte,and noroadway closures would berequired. Noimpact would occur and mitigation isnot required. oJ Expose people orstructures, either directly or indirectly, tmosignificant risk mfloss, injury or death involving mildlondyres? No Impact. The City's General Plan states that because Baldwin Park is an urbanized community, structural fires rather than vvi|d|und fires represent the greatest fire risk throughout the City (Baldwin Park, 2002a, p. PS -9). The Project site is located within and is surrounded by urban built-up land. Accordingly, the proposed Project would not expose people or structures to a significant risk ofloss, injury or death invo|vingvvi|d|and fires, including where vvi|d|ondo are adjacent to urbanized areas orwhere residences are intermixed with vvi|d|ands. Noimpact would occur and nomitigation isrequired. Hazards and Hazardous Materials: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts associated with January 2022 Page 45 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.10 Hydrology and Water Quality a. Violate any water quality standards or waste discharge requirements or X otherwise substantially degrade surface or ground water quality? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project X may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river or through the addition of impervious surfaces, in a manner which would: 1) Result in substantial erosion or siltation X on- or off-site? 2) Substantially increase the rate or amount of surface runoff in a manner X which would result in flooding on- or offsite? 3) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems X or provide substantial additional sources of polluted runoff? 4) Impede or redirect flood flows? I I I X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project X inundation? e) Conflict with or obstruct implementation of a water quality control pian or sustainable X groundwater management pian? January 2022 Page 46 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Violate any water quality standards mrwaste discharge requirements mrotherwise substantially degrade surface mrground water quality? Less Than Signi Construction of the proposed Project would involve the drilling of an approximate|y42'foot deep, S'footwide borehole and the installation of materials associated with the billboard's support infrastructure. These activities could potentially result in the generation of water quality pollutants such as silt, debris, chemicals, and other solvents with the potential to adversely affect water quality. Project excavation would remove soil from the north-central portion of the Project site; however, excavated soil would not remain on-site and would immediately betransported tnthe Puente Hills Landfill, located 3.5miles southwest ofthe Project site. Given the Project's minimal impact area and the fact that excavated soil would immediately be transported off-site, no substantial physical features associated with the construction of a digital billboard would lead to erosion or substantial contribution of polluted storm water runoff that would result in violation of any water quality standards or waste discharge requirements. Additionally, because the area is already paved under existing conditions, the long-term operation of the digital billboard would not substantially increase the quantity or rate of storm water runoff nor would it substantially increase pollutant concentrations in storm water runoff from the site. Additionally, the Project would not produce wastewater discharge. Therefore, water quality impacts associated with construction and operation activities would be less than significant and no mitigation measures would be required. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management ofthe basin? No Impac . No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. Therefore, implementation of the proposed Project would not deplete groundwater supplies associated with water well withdraw. According to the City's General Plan EIR, the depth to groundwater throughout the City is greater than 50 feet below ground surface (b0d (Baldwin Park, 3002b, p. 89). The excavation required for utility connections and billboard support infrastructure would not extend greater than 50 feet b0s; therefore, groundwater is not anticipated to be encountered during construction of the Project. Under current conditions, the portion of the Project site where the billboard would be constructed is developed and capped with asphalt; accordingly, the Project would not alter the site in a manner that would interfere with groundwater recharge. In addition, the installation of the billboard vvnu|d not involve any water consumption and no net change in area-wide water consumption would occur as a result of Project implementation. Accordingly, no impacts would occur with respect to depletion of groundwater supplies orinterference with groundwater recharge. c> Substantially alter the existing drainage pattern of the site or area, including bhnmum6 the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: 1/ Result /nsubstantial erosion mrsiltation on- mrmff-site7 21 Substantially increase the rate or amount of surface runoff in a manner which would result /nflooding on- mroffsite? January 2022 Page 47 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 3) 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? 4) Impede or redirect flood flows? Less Than Significant Impact. The Project site is generally flat. With implementation of the Project, the site's existing hydrological characteristics would not be substantially altered. Under the proposed conditions, runoff within the Project site would continue to drain to the southeast to the storm drain inlets within Virginia Avenue and would not be altered by the installation or operation of a billboard in the north - central portion of the Project site. Furthermore, no streams or rivers are located on-site, and thus would not be altered as a result of Project implementation. Therefore, with installation of the proposed billboard, there would be no significant alteration of the site's existing drainage pattern and there would not be any significant increases in the rates of erosion or siltation or substantial increases in the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Impacts would be less than significant and no mitigation would be required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact. According to the Federal Emergency Management Agency, Flood Insurance Rate Map, the Project site is located within an area of minimal flood hazard.' Tsunamis are sea waves that are generated in response to large -magnitude earthquakes, which can result in coastal flooding. Seiches are the oscillation of large bodies of standing water, such as lakes, that can occur in response to ground shaking. The Project site is approximately 7 miles inland of the Pacific Ocean and there are no large bodies of standing water near the Project site. As a result, tsunamis and seiches do not pose hazards due to the Project site's inland location and lack of nearby bodies of standing water. The Project site is not located within a flood hazard, tsunami or seiche zones potentially resulting in a release of pollutants due to Project Inundation; impacts would be less than significant. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. Therefore, implementation of the proposed Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Hydrology and Water Quality: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts due to hydrology and water quality considerations; accordingly, mitigation measures are not required. ' Federal Emergency Management Agency, Flood Insurance Rate Map 06037C1795F, effective September 26, 2008, https:Hmsc.fema.gov/portal/home, accessed August 24, 2020. January 2022 Page 48 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.11 Land Use and Planning a. Physically divide an established X community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the X purpose of avoiding or mitigating an environmental effect? a) Physically divide an established community? No Impact. The 1-10 freeway traverses the City of Baldwin Park, and abuts the Project site to the north. The Project site is located within an area dominated by freeway -oriented commercial land uses that abut the south side of the 1-10 freeway where billboard structures are typical. Due to the small-scale nature of the Project (an approximately 87 -foot tall dual -faced digital billboard on an already developed site), it would not have the potential to physically divide an established community. Accordingly, no impacts would result from the Project's implementation with respect to the division of an established community. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The land use plans, policies, and regulations applicable to the proposed Project include the City's General Plan and the City's Zoning Code/Municipal Code. Each of these plans, policies, and regulations is discussed below. Analysis of Consistency with the City of Baldwin Park General Plan The City's General Plan designates the Project site as "Commercial/Industrial (Cl)" (Baldwin Park, 2002a, Fig. LU -6). The installation of a digital billboard adjacent to the 1-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large scale commercial development. Accordingly, the Project would be consistent with the City's General Plan and would not require an amendment to the City's General Plan. Analysis of Consistency with the City of Baldwin Park Zoning Code/Municipal Code Under existing conditions, the Project site is zoned "Industrial Commercial (I -C)". The I -C zoning designation is intended to provide areas for the development of industrial parks, office complexes and light manufacturing businesses. (Baldwin Park, 2020, § 153.050.010) No General Plan land use amendment or zoning change is proposed. The installation of a digital billboard within the 1-10 corridor is a land use that would be freeway -oriented and would not conflict with future or existing industrial parks, office complexes and light manufacturing businesses. January 2022 Page 49 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration In addition, the proposed Project would be required to comply with the variety of lighting, structural, and legal provisions required by Municipal Code § 153.170, all of which would be enforced as conditions of the Project's required Development Agreement or through future City review of implementing development permit applications (grading permits, building permits, etc.). Therefore, the Project would not cause adverse environmental effects and be consistent with or otherwise would not conflict with all applicable provisions of the City's Zoning Code and Municipal Code and would not require a change of zoning designation or any additional zone code amendments. Accordingly, the proposed Project would not conflict with the City of Baldwin Park Municipal Code or the City's General Plan goals and policies, and impacts would be less than significant. Land Use and Planning: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts due to land use and planning considerations; accordingly, mitigation measures are not required. January 2022 Page 50 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.12 Mineral Resources a. Result in the loss of availability of a known mineral resource that would be of value to X the region and the residents of the state? b. Result in the loss of availability of a locally - important mineral resource recovery site X delineated on a local general plan, specific plan or other land use plan? 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? No Impact. Under existing conditions, the Project site is developed with commercial/industrial uses. No mines, wells, or other resource extraction activity occurs on the property or is known to have ever occurred on the property. The City's General Plan EIR identifies the Project site as being located within "Mineral Resource Zone 2 (MRZ-2)," which is defined as an area where there is little or no likelihood for presence of significant mineral resources (Baldwin Park, 2002b, Figure 11). Additionally, the proposed Project site is not identified as a locally -important mineral resource recovery site delineated on a local general, specific plan, or other land use plan. Accordingly, no impact would occur. January 2022 Page 51 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general X plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne X vibration or groundborne noise levels? c. For a project located within the vicinity of a private airstrip or 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? Existing Noise Conditions Existing Study Area Ambient Noise Conditions X The Project site occurs in an urbanized portion of the City of Baldwin Park. Accordingly, the background ambient noise levels within the vicinity of the Project site are dominated by transportation -related noise associated with the surrounding roadway network, which includes noise from automobile and light/heavy truck activities along the 1-10 freeway. Existing Groundborne Vibration Based on the operational characteristics of the commercial uses on the site under current conditions, there are no sources of substantial groundborne vibration generated on the Project site. With the exception of groundborne vibration generated by roadway vehicle traffic along the 1-10 freeway and adjacent roadways, no sources of substantial groundborne vibration occur in the Project site's vicinity. Airport Noise and Vibration The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2021). Accordingly, noise or vibration issues from airports would not occur. January 2022 Page 52 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. Construction -Related Noise Im According to the City of Baldwin Park Municipal Code, construction activities are limited to the hours of 7:00 a.m. to 7:00 p.m. on Mondays to Fridays. No numerical noise threshold is established by the City's Municipal Code pertaining to construction noise. Therefore, the Project's mandatory compliance with the permitted construction hours established by the City's Municipal Code would ensure that noise generated by the construction of the Project would not exceed applicable standards. Less -than -significant impacts would occur with respect to noise generated from construction of the Project, and mitigation is not required. Operation -Related Noise Impacts Regarding Project -related operational activities, noise level standards applicable to the Project include those provided in the Noise Element of the City of Baldwin Park General Plan and the Baldwin Park Municipal Code, as described below. City of Baldwin Park General Plan Noise Element The City of Baldwin Park General Plan Noise Element identifies noise -sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing policies to ensure that Baldwin Park residents are protected from excessive noise intrusion (Baldwin Park, 2002b, pp. 65-72). Sensitive land uses are generally defined as locations where people reside or where the presence of noise could adversely affect the use of the land. Sensitive land uses include but are not limited to uses such as schools, hospitals, residences, libraries, and recreation areas. Sensitive receptors located nearest the Project site include the residences located to the southeast of the Project site. According to the City's General Plan EIR, noise -sensitive land uses, such as residential, are clearly compatible with exterior noise levels at or below 65 dBA CNEL (Baldwin Park, 2002b, Table 13). Operation of the Project is not anticipated to emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on adjacent I-10 freeway. Accordingly, the Project would result in less - than -significant impacts with respect to the noise standards established by the City of Baldwin Park General Plan Noise Element. City of Baldwin Park Municipal Code The City of Baldwin Park Municipal Code § 153.140.070, Noise, establishes noise limits that apply to all zones within the City. Table 6-5, Municipal Code Noise Standards, provides base exterior noise standards applicable to the Project site and properties surrounding the Project site. January 2022 Page 53 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Table 6-5 Municipal Code Noise Standards Land Ilse Tithe Period Base Exterior Noise Level. Standards (dBA), Daytime: 7:00 a.m. to 7:00 p.m. 55 Residential Evening: 7:00 p.m. to 10:00 p.m. 50 Nighttime: 10:00 p.m. to 7:00 a.m. 45 Commercial Daytime: 7:00 a.m. to 10:00 p.m. 65 Nighttime: 10:00 p.m. to 7:00 a.m. 55 Industrial Anytime 65 Source: (Baldwin Park, 2016, Section 153.140.070) The operational activities associated with the proposed digital billboard would not emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on the adjacent 1-10 freeway. The operational activities associated with the proposed digital billboard would not be anticipated to generate any substantial increases in noise levels to the area that would result in exceedance of the base exterior noise level standards shown in Table 6-5. Accordingly, the Project would result in less -than -significant impacts with respect to Municipal Code standards applicable to operational noise, and no mitigation is required. The only potential sources of substantial temporary or periodic increases in noise levels are temporary and intermittent noise associated with the Project's construction activities via the operation of heavy equipment. Construction activity would be restricted to the permissible daytime hours permitted by the City's Municipal Code (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) over the course of the Project's construction schedule (less than a week). Compliance with the City's Municipal Code noise standards would ensure that Project construction activities would be less than significant, and mitigation would not be required. Further, construction noise would likely be overshadowed by vehicular noise levels from the adjacent 1-10 freeway. Operation of the proposed digital billboard would not generate substantial temporary or periodic increases in ambient noise levels in the Project vicinity. Based on the foregoing analysis, the Project would not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan or the Municipal Code noise ordinance, or the applicable standards of other agencies. As such, impacts would be less than significant with respect to Threshold a), and mitigation is not required. b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Groundborne vibration is an oscillatory motion which can be described in terms of displacement, velocity, or acceleration. It is expected that groundborne vibration from Project construction activities would cause intermittent, localized intrusion through the operation of heavy construction equipment and trucks. Any exposure of nearby sensitive receivers to nominal vibration would be temporary and only occur during permissible construction hours as permitted by the City's Municipal Code. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. Additionally, truck deliveries (if necessary) to the site may increase vibration levels in the area; however, truck deliveries would only occur during permissible construction hours as permitted by the City's Municipal Code and would be indiscernible from vehicular movement on the adjacent 1-10 freeway. There would be no sources of perceptible vibration associated with Project's operation. Based January 2022 Page 54 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration on the foregoing analysis, vibration levels associated with the Project are considered less than significant, and no mitigation is necessary. cJ For a project located within the vicinity of a private airstrip or 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? No Impact. The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2012). Accordingly, the Project would not expose people residing or working in the Project area to excessive noise levels in relation to airports. There are no private airstrips within the Project vicinity. Accordingly, the proposed Project would not expose people residing or working in the Project area to excessive noise levels. No impact would occur and no mitigation is required. Noise: Mitigation Measures Implementation of the proposed Project would result in less -than -significant impacts to noise; accordingly, mitigation measures are not required. January 2022 Page 55 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.14 Population and Housing a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the X construction of replacement housing elsewhere? a) Induce substantial unplanned 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)? No Impact. The proposed Project would contribute the additional development of a digital billboard to the north -central portion of the Project site. Digital billboards are typical of and complementary to commercial freeway uses and have no potential to induce substantial population growth in the area, either directly or indirectly. Electric utility improvements required by the Project would solely serve the digital billboard's energy demand and would not directly or indirectly induce population growth to the area. No impact would occur and no mitigation is required. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. Under existing conditions, the Project site does not contain any residential structures. Therefore, there is no potential for the Project to displace substantial numbers of people. No impact would occur and no mitigation is required. Population and Housing: Mitigation Measures Implementation of the proposed Project would result in no impact to Population and Housing. Thus, no mitigation measures are required. January 2022 Page 56 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4x15 Public Services a. 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: 1) Fire protection? I ( I I X 2) Police protection? I ( I I X 3) Schools? I ( I I X 4) Parks? I I I I X 5) Other public facilities? ( X 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: 1) Fire protection? 2) Police Protection? 3) Schools? 4) Parks? 5) Other public facilities No Impact. Fire protection, police protection, and other public services are provided to the existing commercial land uses at the Project site. The addition of a digital billboard to the northwestern portion of the Project site would not create a measurable increase in demand for fire or police protection services because the site is already receiving these services. There is no component of the Project that would lead to increased demand for fire and police services. The Project would not create a direct demand for public school services, as the land use that would occupy the Project site (i.e., a digital billboard) would not generate any school -aged children requiring public education. No component of the Project would January 2022 Page 57 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration measurably increase demand for public service facilities or result in the need to physically alter or cause the construction of new public service facilities. Because no physically expanded or new public facilities would be required, no impact would occur and mitigation is not required. Public Services: Mitigation Measures Implementation of the proposed Project would not increase public services demand such that new or physically altered public service facilities would need to be constructed or expanded to meet the demand. Thus, no impact would occur and no mitigation measures are required. January 2022 Page 58 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4x16 Recreation a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X 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 X might have an adverse physical effect on the environment? 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? No Impact. The construction and/or operation of a digital billboard on the north -central portion of the Project site would not increase the use of recreation facilities, because it would not create a measurable demand for recreational facilities through inducing population growth, inducing the growth of businesses or housing developments, or displacing existing recreational facilities. Accordingly, the Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. Additionally, implementation of the Project would not include recreational facilities or require the construction of or expansion of recreational facilities which would have an adverse physical effect on the environment. No impact would occur, and mitigation is not required. Recreation: Mitigation Measures Implementation of the proposed Project would have no impact to Recreation. Thus, no mitigation measures are required. January 2022 Page 59 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.17 Transportation a. Conflict with a program plan, ordinance or policy addressing the circulation system, I X including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section X 15064.3, subdivision (b)? c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves X or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access? I I I I X a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No Impact. Temporary traffic impacts would be restricted within the window of the Project's construction schedule (less than a week) and between the permissible construction activity hours (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) permitted by City of Baldwin Park Municipal Code § 130.04. Due to the small scale of the proposed construction of the billboard, Project construction would not require a substantial quantity of truck hauls to the site. Additionally, the Project Applicant estimates that four (4) construction crew members would be required at the site each day throughout the construction of the Project, which would not generate a substantial quantity of trips during construction hours. Project operation is not anticipated to generate any additional trips to the Project site, with the exception of one two-way trip 6- 8 times per year in order to perform on-site maintenance of the billboard. Accordingly, the Project would not conflict with an applicable plan, ordinance or policy related to the circulation system. No impact would occur and mitigation is not required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No Impact. As discussed under Threshold a), trips generated by construction and operation of the Project would be nominal, and implementation of the Project would not generate trips that would conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Therefore, no impact would occur. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. Project -related construction or operation would not require the construction of new roadways and the existing configuration of the roadways within the vicinity of the January 2022 Page 60 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Project site would remain unchanged; therefore, impacts related to sharp curves or dangerous intersections would not occur. Implementation of the Project would be required to comply with the State Outdoor Advertising Act (2014) and the Federal Highway Beautification Act (1965). The Outdoor Advertising Act contains a number of provisions relating to the construction and operation of digital and static signs adjacent to roadways which are intended to prevent the creation of unsafe driving conditions along the adjacent roadways as a result of the presence of such signs. These provisions include, but are not limited to, the following: • The placing of any light source "...of any color of such brilliance as to impair the vision of drivers upon the highway" is prohibited (Caltrans, 2014, § 21466.5); • The sign must be constructed to withstand a wind pressure of 20 pounds per square feet of exposed surface; • No sign shall display any statements or words of an obscene, indecent, or immoral character; No sign shall display flashing, intermittent, or moving light or lights; • Message center signs may not include any illumination or message change that is in motion or appears to be in motion or that change or expose 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. (Caltrans, 2014, § 5401 - § 5405). The Federal Highway Beautification Act governs advertising signage located along the interstate highway system, such as the 1-10 freeway. The Federal Highway Beautification Act requires advertising signage be erected only in commercial or industrial zones and adhere 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; • Signs located on the same side of the freeway must be separated by at least 500 feet; and, • Signs shall not include flashing, intermittent or moving lights, and shall not emit light that may obstruct or impair the vision of any driver. Mandatory compliance with State and Federal regulations would ensure that the Project would not increase hazards due to a design feature. Additionally, the Project site is designated as "Commercial/Industrial (Cl)" by the City's General Plan, and is designated "Industrial Commercial (I -C)" by the City's Zoning Map. The installation of a digital billboard adjacent to the 1-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large-scale commercial development. Considering the foregoing analysis and regulatory requirements, Project impacts would be less than significant and no mitigation is required. d) Result in inadequate emergency access? No Impact. Under existing conditions, adequate emergency access is provided within the vicinity of the Project site. Project -related construction and operation would not obstruct existing roadways and would not alter the existing roadway system. No component of the Project would require the temporary or permanent closure of a roadway. Accordingly, the Project would not result in inadequate emergency access and no impact would occur. January 2022 Page 61 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Transportation/Traffic: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Transportation/Traffic. Thus, no mitigation measures are required. January 2022 Page 62 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. January 2022 Page 63 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Less Than Significant Impact. Assembly Bill (AB) 52 requires that lead agencies evaluate a project's potential impact on "tribal cultural resources", which include "[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources" A852 also gives lead agencies the discretion to determine, based on substantial evidence, whether resource qualifies as a "tribal cultural resource." AB 52 applies whenever a lead agency adopts an environmental impact report, mitigated negative declaration, ornegative declaration. In compliance with Assembly 8i|| 52, Native American tribes traditionally and culturally affiliated with the geographic area of the Project site were notified of the proposed Project on July 28, 2021 (See Appendix Q. Pursuant to California AB 52, Native American Tribes that previously requested the City to notify them about projects nfinterest were given a 30 -day notice to request consultation regarding the Project. A notification list is maintained by the City of Baldwin Park and tribes requesting notification were sent notification via certified mail by the City of Baldwin Park. Atota| of three tribes were notified of the proposed Project. The tribes notified included the Gabrieleno Band of Mission Indians — Kizh Nation, the Gabrieleno Tongva Tribe, and the Soboba Band of Luiseno Indians. The 30 -day period concluded on August 27,IU21.The Gabrieleno Band of Mission Indians — Kizh Nation elected to consult on the Project. Senate Bill (SB) 18 requires that lead agencies, "prior to the adoption or amendment of a city or county's general plan, conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county's jurisdiction. The bill would define the term "consultation" for purposes of those provisions. By imposing new duties on local governments with respect to consultations regarding the protection and preservation of California Native American historical, cultural, and sacred sites, the bill would impose astate-mandated local program." As provided under Impact b) under Section 4.5: Cultural Resources, although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, implementation of Mitigation Measure MM CR -1 and MM [R'2 would ensure that the Project's potential impact to archaeological resources would be reduced to levels that are less than significant. Tribal Cultural Resources: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Tribal Cultural Resources. Thus, no mitigation measures are required. January 2022 Page 64 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.19 Utilities and Service Systems a. Require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair X the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and X regulations related to solid waste? 0 M M a) Require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. Implementation of the Project would result in the construction and operation of a digital billboard on a site that is fully developed with commercial land uses under existing conditions. Due to the nature of the Project (digital billboard), it would not result in demand for water, wastewater, stormwater, or natural gas. Additionally, the Project would not substantially alter the Project site's existing hydrological characteristics. With installation of the proposed Project, there would be no significant alteration of the site's existing drainage pattern and there would not be any significant increases in the rate or quantity of surface runoff. The Project would utilize electric power, but not in a manner that would require or result in the relocation or construction of new facilities. Accordingly, no impact would occur and mitigation is not required. January 2022 Page 65 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No Impact. The construction and operation of the proposed digital billboard would not create a demand for domestic water. No impact would occur and no mitigation measures are required. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. Under existing conditions, the Los Angeles County Sanitation District (LACSD) adequately serves wastewater treatment services to the Project site. The construction and operation of a digital billboard would not generate wastewater or cause an increased demand for wastewater treatment. Thus, the Project would not adversely affect the physical capacity of the existing wastewater infrastructure system that services the site. No impact would occur and no mitigation measures are required. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant. The City of Baldwin Park contracts with Waste Management of San Gabriel Valley/Pomona for solid waste collection services. Solid waste generated within the City is transported to the Scholl Canyon Landfill (SCLF), operated by the LACSD. As of 2011, the SCLF was calculated to have a remaining capacity of 9,900,000 cubic yards (or 3,400 tons per day) and has a cease operation date of April 1, 2030 (CalRecycle, 2021). Considering the remaining capacity (9,900,000 cubic yards) and cease operation date (April 1, 2030) of the SCLF, the SCLF would have sufficient capacity to accommodate the Project's nominal construction -related waste generation. Additionally, Project excavation would remove soil from the northwestern corner of the Project site which would be transported to the Puente Hills Landfill, located 3.4 miles southwest of the Project site. The Puente Hills Landfill does not accept solid waste; however, according to the LACSD the Puente Hills Landfill has the capacity to accept to soil dumps. Lastly, Project operations would not generate a substantial demand for solid waste beyond the existing demand of the Project site. Thus, the Project would not adversely affect the physical capacity of any landfills and a less -than -significant impact would occur. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact. The construction and operation of a digital billboard is not anticipated to generate a substantial demand for solid waste disposal. Project -related construction activities would generate nominal quantities of solid waste during the Project's construction schedule (less than a week). The Project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant. Accordingly, the Project would not foreseeably conflict with any Federal, State, and local statutes and regulations related to solid waste, resulting in a less -than -significant impact. Utilities and Service Systems: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Utilities and Service Systems. Thus, no mitigation measures are required. January 2022 Page 66 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4.20 Wildfire a. Substantially impair an adopted emergency response plan or emergency evacuation X plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, X pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may X exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, X post -fire slope instability, or drainage changes? a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage changes? No Impact. The Project site not located within a State Responsibility Area (SRA) and is not located within a Very High Fire Hazard Severity Zone (VHFHSZ) within a Local Responsibility Area (LRA). The Project site is relatively flat and does not contain any slopes or features that would exacerbate wildfire risks. In addition, the City's General Plan states that because Baldwin Park is an urbanized community, structural fires rather than wildland fires represent the greatest fire risk throughout the City (Baldwin Park, 2002a, p. PS -9). The Project site is located within and is surrounded by urban built-up land. Accordingly, the proposed Project would not expose people or structures to a significant risk of loss, injury or death January 2022 Page 67 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration invokvin8wi|d|and fires including where wUd|ands any adjacent to urbanized areas or where residences are intermixed with vvi|d|ands. No impact would occur and no mitigation is required. Wildfire: Mitigation Measures: Implementation of the proposed Project would result in less -than -significant impacts to Utilities and January 2022 Page 68 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 4a21 Mandatory Findings of Significance a. Does the project have the potential to substantially 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 X a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X 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 X effects on human beings, either directly or indirectly? a) Does the project have the potential to substantially 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, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact With Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre -historical resources were evaluated as part of this IS / MND. Implementation of the Project would contribute additional development in the form of a digital billboard to a fully developed property and would not impact biological resources. As indicated in the discussion and analysis of Cultural Resources, none of the existing buildings on the Project site are included on the National Register of Historic Places, California Register of Historical Resources, or a local register of historical resources, nor are they eligible for listing; accordingly, there would be no impact to historical resources resulting from Project implementation. The Project site is fully developed under existing conditions; therefore, no significant archaeological resources are likely January 2022 Page 69 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration to be discovered during excavation activities. Additionally, the limited degree of excavation that would be required to install the proposed billboard column and associated utility connections would not result in impacts to significant archaeological resources. Nonetheless, in an abundance of caution, Mitigation Measures MM CR -1 and MM CR -2 would be implemented to reduce impacts to archaeological resources to a level below significance. Accordingly, the Project would not degrade the quality of the environment and impacts would be less than significant with implementation of Mitigation Measures MM CR -1 and MM CR -2. Mitigation Measures: No additional mitigation measures are required. 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)? Less Than Significant Impact With Mitigation Incorporated. Based on the analysis contained in this Initial Study, the proposed Project would not have cumulatively considerable impacts with implementation of Project mitigation measures. Implementation of standard conditions and mitigation measures at the Project -level would reduce the potential for the incremental effects of the proposed Project to be considerable when viewed in connection with the effects of past projects, current projects, or probable future projects. Mitigation Measures: No additional mitigation measures are required. C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact With Mitigation Incorporated. Previous sections of this Initial Study reviewed the proposed Project's potential impacts to human beings related to several environmental topical areas. As determined throughout this Initial Study, the proposed Project would not result in any potentially significant impacts that cannot be mitigated or reduced with implementation of mitigation measures and/or standard conditions imposed by the City. The Project would not cause a substantial adverse effect on human beings, either directly or indirectly and impacts would be less than significant. Mitigation Measures: No additional mitigation measures are required. January 2022 Page 70 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 5`0 REFERENCES Ahrens, Donald C., Meteorology Today: An Introduction to Weather, Climate, 8'the Environment, 2O0G. CalFire, Fire Hazard Severity Zone Maps, Fire Hazard SeverityZones in SRA, https:Hosfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards-building- codes/fire-hazard-severity-zones-maps/, accessed December 7, 2021. CalFire, Fire Hazard Severity Zone Maps, Very High Fire Hazard'Severity Zones in LRA, https://osfmjire.ca.0uv/divisions/vvi|dfire'p|annin8'en8ineerins/vvi|d|and-hazardo-bui|ding' codes/fire'hazard'severity'zone*maps/,accessedDecember7,2021. California Air Resources Board (CARB), Risk Reduction Plan to Reduce Particulate Matter Emissionsfrom Diesel -Fueled Engines and Vehicles, October 20UU, https://wvvw.arb.ca.Qn«/diese|/dncuments/rrpFina|.pdf California Air Resources Board (CARB),California's 2017Climate Change Scoping Plan: The Strotegyfbr Achieving California's 2030Greenhouse Gas Target, November 2U17, httpy://vvvv3.arb.ca.gnv/cc/scopingp|an/scopin8_p|an_2017.pdf California Air Resources Board (CARB), EMF4CJ017Web Database, https://arb.ca.0o«/enofac/2017/ California Department ofConservation (CD[),Seismic Hazard Zone Map Baldwin Park Quadrangle. 1999,accessed September, 2016, http://0mvv.consrv.ca.gnv/shmp/dnvvn|oad/quad/BALDVV|N_PAKK/nnaps/ozn_ba|dp.pdf California Department of Conservation (CDC), California Important Farmland Finder, https://noaps.conservation.ca.gov/a8ricu|Lure/, accessed December 8, 2021. California Department of Fish and Wildlife, California Department of Fish and Wildlife /[DFVV>, California Regional Conservation Plans Map, 2O19,accessed January 2021, https://nrnn.dfo.ca.0o»/Fi|eHand|er.ashx?Dncument|D=68626&in|ine California Department of Transportation (CalTrans), Scenic Highway System Lists, List of Eligible and Officially Designated State Scenic Highways and List of Officially Designated County Scenic Highways, https://dut.ca.0o«/pro0rams/desi0n/|ap'|ondscape-architecture'and'cummunity' |ivabilit«/|ap'|iv'i'scenic'hi0hvvayo, accessed January 7, 2022. California Department of Transportation (CalTrans), Technical Noise Supplement toTraffic Noise Analysis Protocol, September Z0l]. California Department ofTransportation (Ca|Trans),Transportation and Construction Vibration Guidance Manual, September Z01I California Department of Transportation (CalTrans), Outdoor Advertising (ODA), https://dot.ca.gu»/pno8ramatrafOc'operations/oda California Energy Commission (CEC), Inventory of California Greenhouse Gas Emissions and Sinks 1990 to 2004/CEC'600-2006-013'SF./, January 2022 Page 71 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration http://web.archive.org/web/20170323185651/http:/www.energy.ca.gov/2006publications/CEC- 600-2006-013/C E C-600-2006-013 -S F. P D F California Energy Commission (CEC), 2018 Power Content Label for Southern California Edison, https://www.energy.ca.gov/sites/default/files/2020-01/2018_PCL Southern_California_Edison.pdf California Energy Commission (CEC), California Greenhouse Gas Emission Inventory -2019 Edition, https://www.arb.ca.gov/cc/inventory/data/data.htm California Energy Commission (CEC), Electricity Consumption by County, http://www.ecdms.energy.ca.gov/elecbycounty.aspx, accessed December 8, 2021. California Energy Commission (CEC), Natural Gas Consumption by County, http://www.ecdms.energy.ca.gov/gasbycounty.aspx, accessed June 24, 2021. California Energy Commission (CEC), 2019 Building Energy Efficiency Standards, https://www.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Building_Stan dards_FAQ.pdf, accessed June 23, 2020. California Governor's Office of Planning and Research (OPR), Transmittal of the Governor's Office of Planning and Research's Proposed SB97 CEQA Guidelines Amendments to the Natural Resources Agency, April 13, 2009, https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/C01.pdf California Office of Historic Preservation (OHP), California Historical Resources, 2021, accessed January 2021, http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=19 CalRecycle, SWIS Facility/Site Activity Details, https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/3531?sitelD=1000, accessed December 8, 2021. City of Baldwin Park. City of Baldwin Park 2020 General Plan, 2002a, accessed September 2016, https://www.baldwinpark.com/online-documents/community-development/planning/general- plan-individual-elements City of Baldwin Park, City of Baldwin Park 2020 General Plan Update EIR, 2002b, accessed September 2016. City of Baldwin Park. 2020. Baldwin Park Code of Ordinances, https://codeIibrary.amlegal.com/codes/baIdwinpark/latest/overview, accessed January 8, 2021. Daktronics, Inc., Lighting Analysis for Daktronics DB 14' x 48' Digital Display 1529 Virginia Ave., Baldwin Park, CA 91706, December 11, 2020. Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, May 2006. Google Earth Pro, Google Earth Pro Program, 2021, accessed January, 2021 Intergovernmental Panel on Climate Change (IPCC), 2013, Climate Change 2013: The Physical Science Basis, Summary for Policymakers., http://www.climatechange20l3.org/images/report/WGlAR5_SPM_FINAL.pdf January 2022 Page 72 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Los Angeles County Airport Land Use Commission (ALUC). 2014. County of Los Angeles Airports and Airport Influence Areas. Web. Accessed January, 2021. Available: http://Planning.lacounty.gov/assets/upl/project/ALUC_Airports_June2012_rev 2d.pdf South Coast Air Quality Management District (SCAQMD), CEQA Air Quality Handbook, 1993, https://www.agmd.gov/home/rules-compliance/ceqa/air-quality-analysis-handbook# South Coast Air Quality Management District (SCAQMD), Final2016AQMP, http://www.agmd.gov/home/air-quality/clean-air-plans/air-quality-mgt-plan/final-2016-aqmp Southern California Association of Governments (SCAQMD), 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy, April 2016, http://scagrtpscs.net/Pages/FINAL2016RTPSCS.aspx United States Geological Survey (USGS). 2004. Geologic Setting of the Transverse Ranges Province. Web. Accessed September, 2016. Available: http://geomaps.wr.usgs.gov/archive/scamp/html/scg_trans_sgm.html United States Geological Survey (USGS). 2016. Quaternary Fault and Fold Database of the United States. Web. Accessed January, 2021. Available: http://earthquake.usgs.gov/hazards/gfauIts/map/#gfaults United States Green Building Council (USGBC), Green Building Costs and Savings, 2020, https://www.usgbc.org/articles/green-building-costs-and-savings, accessed June 24, 2020. United States Environmental Protection Agency (U.S. EPA), Climate Change Indicators in the United States: Global Greenhouse Gas Emissions, Updated May 2014, www.epa.gov/climatechange/indicators United States National Parks Service (NPS). 2014. National Register of Historic Places Program: Research. Web. Accessed January, 2021. Available: https://www.nps.gov/nr/research/ January 2022 Page 73 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration 6.0 REPORT PREPARATION PERSONNEL City of Baldwin Park (Lead Agency) Community Development Dept. 14403 East Pacific Avenue Baldwin Park, CA 91706 Melissa Chipres, Associate Planner De Novo Planning Group (Environmental Consultant) 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 916.949.3231 Ben Ritchie, Principal Planner Josh Smith, Associate Planner Technical Specialists Daktronics (Lighting) 201 Daktronics Drive, PO Box 5128 Brookings, SD 57006 Eric Johnson, Applications Engineer January 2022 Page 74 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Screencheck Review Draft APPENDIX A -SIGN LIGHTING STUDY January 2021 Page 75 December 11, 2020 Re: Lighting Analysis for Daktronics DB 14'x 48' Digital Display 1529 Virginia Ave., Baldwin Park, CA 91706 The attached lighting analysis pertains to the digital billboard display manufactured by Daktronics, Inc., and proposed for installation at 1529 Virginia Ave., Baldwin Park, CA 91706. The following is an explanation of the analysis: 1. Units of Measurement. A foot-candle (or foot-candle, fc, Im/ft2, or ft -c) is a measurement of light intensity. One foot-candle is defined as enough light to saturate a one -foot square with one lumen of light. For example, where the display illuminates at 0.19 foot-candles, it has a light intensity of approximately 19% of a single wax candle as viewed from 1 foot away. 2. Assumptions: The accompanying graph depicts illumination levels in foot candles that the display will produce based on nighttime running levels at a measurement height of 87 feet in elevation. The measurements assume total darkness with regards to the surrounding light and an all -white content on the display. These assumptions provide for the worst-case scenario, not the more likely application. 3. Practical Application: Typical content runs at 25-35% of the brightness of all -white content, therefore, the actual levels of illumination will nearly always be markedly lower than that shown in the graph. 4. Ambient Light Effects. The presence of ambient light producing elements at night including, but not limited to, roadway and traffic lighting, commercial lighting from nearby commercial properties, the moon, etc., will further diminish the impact of the light output from the display in question. 5. Other Limiting Factors. Daktronics digital billboards produce directional illumination which means the light shines in an out -and -downward fashion which limits illumination onto unintended areas. Further, the Daktronics digital display is equipped with a light sensor allowing for automatic dimming utilizing 256 levels of dimming. The display's dimming capabilities are designed to ensure that it does not exceed 0.3 foot candles above ambient light as measured from an appropriate distance from the sign'. The 0.3 foot candles metric is a leading industry standard and has been adopted in numerous states and municipalities throughout the U.S. Please let me know if you have any questions or concerns. Sincerely, Daktronics, Inc. Eric Johnson Applications Engineer 605-692-0200 ' Please note, while the sign's brightness during daylight hours would be almost always incidental, there may be times in which the sign would produce illumination levels above ambient light during such hours. Examples when such an occurrence could happen would be during a very dark and stormy day. It is important to note, however, that the sign is equipped with a working photo -sensor that automatically adjusts its brightness based on ambient light. 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Z D 00 \OZ y m= �m �m�DODr�cf)Om y ���mD -���ZO n I >D O G 0oOz 10 z 00°� x o po00 �nc)z o ,�v�� c -iz �G o �d O -p D oC�mr ���D �z "� oo�" mOD�D Dom o 110 C�< N o o\�� �m (nr r<(A 0 --i -90m> �zN= �mnOm M orD N �m r pmD -I o, r Om O I Z k m -U 00 NOZ� P �r�mC� I�DZ�-i�rO��-IOC �S�rO Z cOC D N = cn = z m X ��toci rvo�c�i-i::E m mN�-0(nmmO� om000� o r m N .. m =m " D O= gym- C U) D oo rn�OCo mm =m Dm�—�iD-Tim Z OmOmz n02Dc'4 Z al �DOo �oz�o�SR o��,mC�(n�zzz�= Mzm� F� to O I l 1 r (n Un (n Z = D m of -I m m''sn, O o o<m Om mm Ozz�D POc�mOr O�cnOm o�Omm �cnz w r�ca0 =mO��0OZC�N=�o0ZO rc�� Dm�(nr II II II z 4 = 1� e m 0- Ti� —i D(n= r,,momZr� = m0 �z F� . �O=DrD Oom� Z 0 OX -u> m Co m � �� O zD C -i 41 00 Pmm�mOmnc�OmOm �M�mm O o O m \r m= (n O��_N-I�7�c7m-I mJ-I� ohm c7 O pz m oJmJ �m�=Oz=(nom-p=m � c m m c =D�Omz m. m�(nmDD�g� �O I �r Z �O Ofi°jzc)m°'Oc''mz�Oo�On "�� ��D� D h, m D O o��zzrm=rm� oz CC-�irr-cn�z omov z z M i T m (n (n -� z (n m -� ,S O C « �� � m O K: m m v ops -�D mm-iD-� ��xmo zo> p pDzn 6 DODO O -gyp D=mO-ci�DODm c��� ZO r0 mD D -<X=m<��= �" Z ,-1 z r - vi z m m G7 fCTInO m CRC 27600 Bouquet Canyon Road Suite 200 Santa Clarita Ca. 91350 Telephone (661) 297-2336 FAX (661) 297-2331 PREPARED FOR: LAMAR OF LOS ANGELES 1121 SOUTH BOYLE AVE., SUITE 201 LOS ANGELES, CA 90023 SITE PLAN DATE REVISIONS ONSEnterpri*ses SHEET 2 OF 2 SHEET CRC 3447 NOTES AND SPECIFICATIONS (APPLY UNLESS OTHERWISE NOTED) CODE -2019 CBC ' \ i I IL, `N WINO DESIGN -SIGN STRUCTURE WIND LOADS ARE DETERMINED IN ACCORDANCE WITH ASCE 7-16 SECTION 2931 BASIC WIND SPEED: 115 MPH (3 SECOND GUST) RISKCATEGORY: II EXPOSURE: C DESIGN WIND PRESSURE (SERVICE LEVEL): 28.8 PSF (AVERAGE), 40.2 PSF (MAXIMUM AT ENDS), i i n yj cA z " 5CCTION C -C REFER TO ASCE 7-16 FIGURE 29.3-1. ANY SIGN COMPONENTS NOT SPECIFICALLY DETAILED ON THESE DRAWINGS BUT ATTACHED TO THE STRUCTURE SHALL BE DESIGNED IN ACCORDANCE WITH THE INFORMATION ABOVE. r"' I I is SEISMIC DESIGN - SIGN STRUCTURE SEISMIC LOADS ARE DETERMINEDIN ACCORDANCEWITH c I I AlAls s f 1 % ASCE 7-16 CHAPTER 15 USING DATA FOR SIGNS AND BILLBOARDS FROM TABLE 154-2. RISK CATEGORY: II MAPPED SPECTRAL RESPONSE ACCELERATIONS: Ss = 1.395, Si = 0.548 un i " Bromeul �! i [A' rE CLASS: D ^.e I I r� sie s. SPECTRAL RESPONSE COEFFICIENTS: SJ, =0.93, Sol = 0.548 .. T .D,. SEISMIC DESIGN CATEGORY: TGks end I I p ,,,` FORCE RESISTING SYSTEM: CANTILEVERED COLUMN KIPS f, ,, I I -- �vieao wreR.u,Are SECTION B -B ---._ SEISM C RESPONSE COEFFICIENT RESPONSE MODIFICATION FACTOR (R): 3.0 I I I I _ �^ .. SEISMIC BASE SHEAR IS DETERMINED IN ACCORDANCE WITH SECTION 12.8 "EQUIVALENT LATERAL FORCE PROCEDURE" USING THE DESIGN DATA ABOVE " „ UPRIGHT-5PREADER-TOR510N CONN. DESIGN LIVE LOAD - MAINTENANCE PLATFORM. 40 PSF OR 300 LBS CONCENTRATED LOAD. ` ` ' _ �— DESIGN DEAD LOAD - LED DISPLAY: LBS EACH (FUTURE) OTHER STRUCTURAL MEMBERS: AS NOTED IN CALCULATIONS PLAN VIEW ,,.. ,.... STEEL -WIDE FLANGES - ASTM A-992, OTH ER SHAPES&PLATES - ASTM A-36. `� PIPE SECTIONS - ASTM A-53 GR B ORA 252 GR 2, GRAM - LX W ITH MINIMUM YIELD STRENGTH AS �JJ INDICATED ON DRAWINGS. TYPICAL SECTION THKU SIGN EXPANDED METAL GRATING - EXPANDED METAL GRATING SHALL BE MANUFACTURED FROM CARBON STEEL IN CONFORMANCE WITH THE EXPANDED METAL MANUFACTURERS ASSOCIATION (EMMA) STANDARD NO. 557-99,'STANDARDS FOR EXPANDED METAL' EMMA IS A DIVISION OF THE NATIONAL ASSOCIATION OF ARCHITECTURAL METAL MANUFACTURERS (NAAMM). ALL STRUCTURAL STEEL SHALL BE FABRICATED AND ERECTED ACCORDING TO LATEST AISC -• ii a.s <iia i (�'^ a SPECIFICATIONS AND STANDARD PRACTICE. PAINTING -ALL STRUCTURAL STEEL, EXPOSED TO WEATHER, SHALL BE SHOP PRIMED AND PAINTED IN ACCORDANCE WITH AISC 335 (SPECIFICATION) AND AISC 303 (STANDARD PRACTICE). CONCRETE - CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 PSI (DESIGNED AT 2,500) AT 28 DAYS AND BE PLACED IN ACCORDANCE WITH ACI 318. CONCRETE MIX SHALL BE PROPORTIONED WITH A MAXIMUM SLUMP OF 5". ANI I n • • n ao>eo�r WELDING -ALL WELDING PROCEDURES, MATERIALS AND COMPONENTS SHALL BE IN COMPLIANCE I WITH AWS DI.1 USING E70XX OR EQUAL. FIELD WELDING IS NOT ALLOWED WITHOUT APPROVAL OF ENGINEER. ALL FIELD WELDING WILL REQUIRE SPECIAL INSPECTION. STRINGER MOUNTING DETAIL SECTION DM1D 5ECTION If -If CP055 BRACE DETAIL BOLTS -ALL REGULAR SHALL CONFORM TO ASTM A-307. HIGH STRENGTH BOLTS SHALL CONFORM TO ASTM A ALL BOLTS SHALL BE INSTALLED TOA SNUG TIGHT CONDITION UNLESS NOTED _ � l I I I � "" "�'^"" i -325N. TO BE PRE -TENSIONED (PT). PT BOLTS SHALL BE FULLY TENSIONED PER AISC TURN OF THE NUT METHOD (1/3 OF A TURN PASTA SNUG TIGHT CONDITION) OR OTHER AISC APPROVED TENSIONING METHOD. ��. ROUND COLUMN FOOTING -EMBEDMENT DEPTH FOR FOOTING DOES NOT APPLY TO LOCATIONS WHERE WALLS OF THE HOLE WILL NOT STAND WITHOUT SUPPLEMENTAL SUPPORT, OR WHERE UNCOMPACTED FILL OR ORGANIC FILL EXISTS. FOUNDATION IS DESIGNED UTILIZING LATERAL BEARING PER IBC SECTION 1807,32DESIGN LATERAL SOIL PRESSURE PER IBC TABLE 15 U. i� + � 300 PSF/FT (SOIL CLASS 4 -TYPE: SAND, SILTY SAND, CLAYEY SAND, SILTY GRAVEL, AND CLAYEY SA CLAY GRAVEL). ALLOWABLE LATERAL SOIL PRESSURE HAS BEEN MULTIPLIED BY 2 PER SECTION 1111,3,1. VERIFY SOIL TYPE DURING EXCAVATION, NOTIFY ENGINEER OF ANY DISCREPANCY. EXTEND COLUMN PIPE TO BOTTOM OF FOOTING (3" CONCRETE COVER REQUIRED) SPECIAL INSPECTIONS -SPECIAL INSPECTIONS ARE REQUIRED PER CHAPTER 17 FOR THE a a ♦ + FOLLOWING ITEMS: HIGH STRENGTH BOLTS: PERIODIC INSPECTION TO REVIEW BOLT TYPE AND TENSION — PIER FOUNDATION: VERIFY PROPER DEPTH AND DIAMETER STEEL FABRICATOR - ALL STRUCTURAL STEEL SHALL BE SHOP FABRICATED BY THE FOLLOWING 1 SECTION A -A CITY OF LOS ANGELES APPROVED FABRICATOR: STEEL iPAGE COLUMN -TORSION CONNECTION 20401NDUSTRIAL DRIVE PAGE, AZ 85040 \- -�- ELEVATION UNLESS SPECIFICALLY INDICATED AS FIELDWORK, NO FIELD WELDING IS ALLOWED WITHOUT THE APPROVAL OF THE ENGINEER OF RECORD. SPECIAL INSPECTIONS IS REQUIRED FOR ALL FIELD WELDING. ,\ 1 THE ERECTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS IN THE FIELD BEFORE ERECTION AND NOTIFY ENGINEER OF ANY DISCREPANCIES. ERECTORS SHALL NOTIFY ENGINEER IF ..111..__ i STRUCTURE IS LOCATED NEAR ANY BUILDINGS. THE UNDERSIGNED ENGINEER WILL NOT SUPERVISE THE FABRICATION OR ERECTION OF THIS I STRUCTURE. THIS PRINT IS THE PROPERTY OF RMG OUTDOOR, INC. V PROFESSIONAL SEAL VALID ONLY WHEN \ \ FABRICATED BY THE ABOVE. IT IS I I i30 i a a rAsr reoN nwcK ro�mn,coar Al eAcn ro PROVIDED FOR PERMIT PURPOSES ONLY. �nXV0\ ANY OTHER USE OR REPRODUCTION IS\\'\w PROHIBITED WITHOUT WRITTEN \• — eK e r ; � " AUTHORIZATION FROM Q \O RMG slope co"cu : s,. OUTDOOR, INC. .\O� COLUMN SPLICE I DETAIL COLUMN SPLICE 2 DETAIL TYPICAL NAND RAIL CONNECTION CUSTOMER $ LAMAR ADVERT151NG 4'x 48' 51NGLE P05T 5 SIGN LOCATION PARTIAL FLAG 1'I h - 1 529 VIRGINIA AVE A DOUBLE F CE 1 77 BALDWIN PARK, CA 35'V -BUILD LED READY (ROTI) 51DE5) p I f I w _, ENG_NO. DR. CH. G XX FS JES DATE 1., Out oor Mc. g<.� ---- " 03!27/20 4425 North 2411 Sireet, l0a 200 TYPICAL WALKWAY DETAIL WALKWAY MOUNTING DETAIL SAFETY CABLE MOUNTING SAFETY CASE TENSION Phoenix, AHmna 85016 JOB NO. SHEET NO. Phn: (602) 230-8634 Fax: (602) 230-9071 51 Of I 1 1111111111 11111 1:1111! !1 ! 1111 iii;ij I roToW 1011 M I M OR 6101 MOINT, M &M I i to W CA Wj to I nsixoKo Cify of Baldwin Park round seal logo aftachod to pole cover on bcdb sides as shown, 56"144! 7" ladder placement If needed. Fin occenfs ore a design element and otso hide the ladder from view to traffic, Fins could also shield electrical panel, ADDRESS BO DR -20 DATE 78, Approx location for Electficd Box Power Requirements: 64 Amps Brightness*: 8,500 nits when shipped; 5,000 nits at year 10 guarantee Service Access: Front and rear access -standard Environmental Protection: Fully -sealed IP -67 module, fully -sealed power supply, and PLR LEDs per Pixel: 3 color matched LEDs: I red, I green, I blue Viewing Angle: 160' H x 70' V Compliance Information: UL, cUL, UL -Energy Verified, 113C 2012, FCC Compliant Operating Temperature: Contrast: High-contrast, non -reflective louver design Color Capability: 19 bit - 144 quadrillion Light Control Standards: Complies with local, federal, and industry light output standards Diagnostics: Advanced diagnostics checks the following: Module and display temperatures Display dimming Non -visual alerts Visual inspection Filterless Display: Less maintenance, sealed components with increased reliability Integrated Control System: Governs hold times Limits media to static images Display Calibration: Factory calibrated individual LEDs Display Dimming: 256 dimming levels SnapTm Technology: Automatically blend new modules with existing Visual Verification: Webcam Retractable webcarn arm (where applicable) SmartLink": Remote control and redundant communication Multidirectional Light Sensor System: Multi -direction sensing with power -saving algorithms Surge Suppression: Standard T "lii 1 111.11 1 �' ""I'l-1-5 V, A" 'J TT7 SIZE (INDUSTRY DISPLAY SIZE OVERALL ROWSAND PIXEL SPACING DISPLAY OPERATING POWER NAMES) ACTIVE AREA DISPLAY SIZE COLUMNS (MM) WEIGHT AMPS** REQUIREMENTS 14'x 48'200 (Bulletin) I3'2 " x 47'3 13'8" x 47'9" x 720 240 x 864 20 MT 16 MT 5,050 lbs 12,295 kg) 16 amps 64 amps *Brightness can be adjusted to meet local regulations. 'Measurements based on content over a 24 hour period @ 1 20/240VAC. For precise measurements, request a Daktronics shop and riser drawing. VT wffflTxir� ►'ti'j +flI T 201 Daktronics Drive, PO Box 5128, Brookings, SD 57006 Phone: 1-800325-8766 or 605-692-0200 Fax: 605-697-4746 DD4570066 REVOI 112719 Virginia Avenue Digital Billboard Project Initial Study/Mitigated Negative Declaration Screencheck Review Draft APPENDIX C - TRIBAL CONSULTATION LETTERS January 2021 Page 77 July 28, 2021 Linda Candelaria Co -Chairwoman C/O Sam Dunlap, Cultural Resource Representative Gabrielino Tongva Tribe tonEvaTCR@ mail.com RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California Chairwoman Candelaria: This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project. The subject property is located in an "Industrial Commercial" (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I -C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property. The proposed project has been tentatively approved by the City's Design Review Committee and requires approval by the Planning Commission of the following entitlements: 1. Design Review for the billboard architecture and site design. 2. Development Agreement review for the Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows. Name/Title: Melissa Chipres, Associate Planner Address: 14403 E. Pacific Ave City and Zip Code: Baldwin Park, CA 91706 Telephone: 626.960.4011, ext. 452 Email: melissac(@baldwinoark.com The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential. Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project. Thank you for your involvement in this process and your attention to this matter. Sincerely, Melissa Chipres Associate Planner July 28, 2021 Mr. Andrew Salas, Chairperson Gabrieleno Band of Mission Indians-Kizh Nation P. O. Box 393 Covina, CA 91723 RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California Chair Salas: This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project. The subject property is located in an "Industrial Commercial" (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I -C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property. The proposed project has been tentatively approved by the City's Design Review Committee and requires approval by the Planning Commission of the following entitlements: 1. Design Review for the billboard architecture and site design. 2. Development Agreement review for the Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows. Name/Title: Melissa Chipres, Associate Planner Address: 14403 E. Pacific Ave City and Zip Code: Baldwin Park, CA 91706 Telephone: 626.960.4011, ext. 452 Email: melissac(@baldwinoark.com The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential. Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project. Thank you for your involvement in this process and your attention to this matter. Sincerely, Melissa Chipres Associate Planner July 28, 2021 Mr. Joseph Ontiveros Cultural Resource Director Soboba Band of Luiseno Indians P. O. Box 487 San Jacinto, CA 92581 RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California Chair Ontiveros: This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project. The subject property is located in an "Industrial Commercial" (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I -C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property. The proposed project has been tentatively approved by the City's Design Review Committee and requires approval by the Planning Commission of the following entitlements: 1. Design Review for the billboard architecture and site design. 2. Development Agreement review for the Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows. Name/Title: Melissa Chipres, Associate Planner Address: 14403 E. Pacific Ave City and Zip Code: Baldwin Park, CA 91706 Telephone: 626.960.4011, ext. 452 Email: melissacic)baldwinoark.com The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential. Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project. Thank you for your involvement in this process and your attention to this matter. Sincerely, Melissa Chipres Associate Planner AREA MAP Not to Scale N Vicinity Map LOCATION: 1529 Virginia Avenue CASE NUMBER: DA 19-03 DATE: June 1, 2022 ..� �.�.� .. ........ Room �. 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RECOMMENDATION Staff recommends that the City Council: 1. Authorize to accept a budget allocation of up to $821,250 from LAHSA for the operations at Garvey Family Bridge Housing; and 2. Approve initial draft proposed site layout plan and schematic design; and 3. Authorize the Director of Public Works to move the project into the development phase and to coordinate with various entities in all elements as necessary to complete the construction improvements; and 4. Authorize the Director of Recreation and Community Services to submit notice to receive budget allocation to LAHSA and execute any necessary documents associated with the funding allocation; and 5. Authorize the Director of Finance to appropriate funding and make necessary changes to the budget. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. BACKGROUND At their February 16, 2022, City Council meeting, the City Council approved the Agreement between the City of Baldwin Park and the San Gabriel Valley Regional Housing Trust (SGVRHT) to provide homeless housing and related services for homeless families at the City -owned property located at 13167 Garvey Avenue. The total capital grant award for the Homeless Housing Pilot Program (HHPP) is $1,125,000. The agreement does not include operational funding for the project. Therefore, City and SGVRHT staff has researched alternative funding options to support the project's operational needs. 1 41 • . • 1 1 • • 0 0 •- - • r 0 r •. '• funds:?.ccordance with LAHSA's funding guidelines, the following requirements must be met to be eligible to receive the • Using LAHSA funds to assist homeless families as defined by U.S. Department of Housing and Urban Development (HUD). No Los Angeles County Office of Education (LACOE) definition of homelessness can be used for eligibility for these units An agreed nexus to the City of Baldwin Park as (priority placement), but not exclusive to our City if units are not occupied with local residents • Housing First/Low Barrier (no background checks allowed) • Ability to service undocumented families • $90 per unit per night ($10 more than the Cities and Council of Governments Interim Housing Services Funds) Funding Timeframe- July 1, 2022, through June 30, 2023 (we anticipate being operational in late September2022) staff will seek alternatives for gap funding from July 2022 - September 2022. Housing First Approach A strategy to reduce homelessness in and around our cities is essentially a strategy to help people to move into homes. Over the years, the Housing First approach has emerged as the most successful and cost-effective way to accomplish this and has been adopted widely as a result. The goal of Housing First is to provide housing to individuals and families quickly with as few obstacles as possible. Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of "housing readiness." Housing First is considered a national evidence based best practice in ending homelessness. In 2016, California became a Housing First state LA County Board of Supervisors declared Los Angeles County a Housing First County Service providers in LA County operate under a Housing First model United States Interagency Council on Homelessness (USICH) described the Housing First approach with the following core principles: 1. Homelessness is a housing crisis to be addressed through the provision of safe and affordable housing. 2. All people experiencing homelessness, regardless of their housing history and duration of homelessness, can achieve housing stability in permanent housing. 3. Everyone is "housing ready," meaning that sobriety, compliance in treatment, or even a clean criminal history is not necessary to succeed in housing. 4. Many people experience improvements in overall quality of life and in the areas of health, mental health, substance use, and employment as a result of achieving housing. 5. People experiencing homelessness have the right to self-determination and should be treated with dignity and respect. 6. The exact configuration of housing and services depends upon the needs and preferences of the population. If funding is approved, the City and SGVRHT will work collaboratively to issue a solicitation to request bids from homeless service providers. The results of this solicitation when ready will be brought back to the City Council for consideration. In addition, at their February 16, 2022, City Council meeting, City Council authorized the Director of Community Development to prepare a site plan and schematic design for the housing development and, when ready, return at a subsequent City Council meeting for review, discussion, and direction thereof. The planning process began in earnest following City Council direction with staff ordering a topographical survey of the site. Subsequently, staff has been actively working with SGVRHT and the planning and architectural firm, SRK Architects, in the development of the site layout and schematic design. Staff has coordinated closely with SRK through the schematic design process to ensure that it is in-line with the requirements of the HHPP grant and that it meets all integral components for the site with emphasis on the needs for future family residents. The goal is to complete construction of the first phase of the site and be operational in approximately four (4) months. In general, this phase will consist of the installation of modular units in the parking lot area of the site, along with trailer/portable bathrooms and buildings for laundry use. The site draft layout plan and schematic design have now been finalized and are ready for presentation to the City Council for review, comments, and approval. ALTERNATIVES The alternative is not to accept a budget allocation in the amount of up to $821,250 from LAHSA for the operations at Garvey Family Bridge Housing and not approve initial proposed site layout plan and schematic design. LEGAL REVIEW None is required. ATTACHMENTS 1. Draft Site Plan i O 0 0 0 0 o ° C i0i i 0 0 N 39 06'30" E 174.44' 0 J7 A I N 0 - 7, r c'] C> O �.„.,.. 15 31 FLUSH 8 W/EXISTING GRADE 6 i 00 �., 317.5 ��❑0� STAIRS- 2 TAIRS 2 4 5� 9 'T P10 s r E w A s T 2254 South Figueroa Street R G M e E k c E s Los Angeles, CA 90007 213-749-1199 a T E srkarchitectsinc.com R C tri 6 T F C r 5 9 N C. 3160 11 17 I L a N 3906'30" E 203.71' / D❑ D❑ ❑ ❑ E❑ 0❑ / El❑.: 14 - �❑ E•7 PROPOSED SITE PLAN TINY HOME VILLAGE Phase u family units and adaptive 3132" = V-0" Or\-Qj 7, 2022' (0 2022 SRK Ardiit,cts 1— a s r E w A s T 2254 South Figueroa Street R G M e E k c E s Los Angeles, CA 90007 213-749-1199 a T E srkarchitectsinc.com R C tri 6 T F C r 5 9 N C. 3160 11 17 I L a N 3906'30" E 203.71' / D❑ D❑ ❑ ❑ E❑ 0❑ / El❑.: 14 - �❑ E•7 PROPOSED SITE PLAN TINY HOME VILLAGE Phase u family units and adaptive 3132" = V-0" Or\-Qj 7, 2022' (0 2022 SRK Ardiit,cts 1— Proposed ADA Access New ADA Ramp from R.O.W. STFWAtl 2254 South Figueroa Street Los Angeles, CA 90007 ROMBERGER 213-749-1199 K 9 T E H t T F 1 7 S 1 1 1 srkarchitectsinc.com r:2 N 0 N"t's OF r--- / 150' Fire ccess ON MW a 4=0 so= now 0 OEM 4NW 4W= 4am ------------------ Lur EDE] PHASE 2 PHASE 1 0 10, 30' ew wood deck to facilitate ADA %E1 FEW M IN —a H EM 01 �'-" 0,01-190111110mmo, Optional Pass- thru door on double unit (optional roll away crib) Typ. 3 Bed Unit (1 full size + Twin bunk beds) 16 Units = 50 Beds Max 4 April 7, 2022 0 2022 SRK Architects inc. 2254 South Figueroa Street Los Angeles, CA 90007 213-749-1199 s rk a rc h i t e c t s i n c. co m 5 R k I R I. I T F IT G 9 H I TINY HOME VILIAGE Phase I family units nd adaptive building reuse 0 2022 SRK Architects Inc.