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HomeMy WebLinkAbout2011 02 16NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION 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, FEBRUARY 16, 2011 at 6:00 p.m. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: February 10, 2011 AFFIDAVIT OF POSTING 114 4 14 Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on February 10, 2011. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSIO SPECIAL MEETING Lmeeti FEBRUARY 16, 2011 6:00 p.m. CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 :M 0 PIT■►110 ■ P- A- R- K Manuel Lozano - Mayor /Chair Marlen Garcia - Mayor Pro TemNice Chair Monica Garcia - Council Member /Member Ricardo Pacheco - Council Member /Member Susan Rubio - Council Member /Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING February 16, 2011 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tern Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate presentation to outgoing officers of the Baldwin Park Sister Cities Association Presentation of the Rising Star Award by ICRMA to the City of Baldwin Park Recognition of Abran Alvarez and Veronica Menjiver for their heroic actions • Presentation to Mayor Lozano on behalf of the L. Herreria Baseball League of Chihuahua, Mexico PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. City Council Agenda Page 2 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends City Council approve the preparation and presentation of the plaques, proclamations and certificates, as outlined in the staff report. 3. MINUTES Staff recommends City Council approve the minutes of the January 19, 2011 meeting (regular) and the February 2, 2011 meetings (special and regular.) 4. CLAIM REJECTIONS Staff recommends City Council reject the claim of Wawanesa Insurance as subrogee of John Granato; Nation Insurance as subrogee for Crystal Harty; Bernice Arteaga; Richard Ligon; and Ana Tisnado and direct staff to send the appropriate notice of rejection to claimants. 5. URBAN LAND INSTITUTE SELECTION OF THE BALDWIN PARK CIVIC CENTER OPPORTUNITY SITE AS A RECIPIENT OF A TRANSIT- ORIENTED DEVELOPMENT TECHNICAL ASSISTANCE PANEL Staff recommends City Council 1) receive and file the report and 2) authorize the Finance Director to appropriate $15,000 ($10,000 for the TAP Application and $5,000 for the event logistics) for the cost of the program from the City's General Fund Reserve Account 100.40.440.51100 (Consultant Services) to participate in the Urban Land Institute's TOD TAP project. SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 6. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A 1) REQUEST FOR CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) A CONDITIONAL USE PERMIT FOR A DENSITY BONUS OR OTHER INCENTIVES PURSUANT TO SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW, AND 3) A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS; LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID COOK REPRESENTING DC CORPORATION; CASE NUMBERS: TM -71409 AND CP -780 Staff recommends City Council conduct a public hearing and following the public hearing, based on the Planning Commission's action, either Option 1) Uphold the Planning Commission decision to deny the project and waive further reading, read by title only and adopt Resolution No. 2011 -007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DENIAL OF 1) A CONDITIONAL USE PERMIT FOR DENSITY BONUS OR OTHER INCENTIVES IN ACCORDANCE WITH SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW; AND 2) A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS FOR RESIDENTIAL PURPOSES; LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID COOK, REPRESENTING DC CORPORATION; CASE NUMBERS: CP -780 AND TM- 71409" or Option 2) Overturn the Planning Commission decision and approve the project, and waive further reading, read by title only and adopt Resolution No. 2001 -007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING THE PLANNING COMMISSION'S DECISION AND 1) ADOPTING THE NEGATIVE DECLARATION OF City Council Agenda Page 3 ENVIRONMENTAL IMPACT; 2) APPROVING A CONDITIONAL USE PERMIT FOR A DENSITY BONUS OR OTHER INCENTIVES IN ACCORDANCE WITH SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW; AND 3) APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS FOR RESIDENTIAL PURPOSES; LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID COOK REPRESENTING DC CORPORATION; CASE NUMBERS CP -780 AND TM- 71409." 7. CITY COUNCIL (1) REVIEW OF FINDINGS AND ANALYSIS OF THE EXISTING CITYWIDE MORATORIUM ON RESTAURANT DRIVE - THROUGH FACILITIES / ESTABLISHMENTS AND (11) REVIEW AND CONSIDERATION OF ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AND INTRODUCTION OF A RELATED ORDINANCE RELATED TO A BAN ON NEW RESTAURANT DRIVE - THROUGHS WITHIN THE CITY Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and adopt Resolution No. 2011 -006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE CITYWIDE ELIMINATION OF DRIVE - THROUGH RESTAURANTS WITHIN ALL COMMERCIAL AND INDUSTRIAL ZONES; APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC -171" and waive further reading, read by title only and introduce for first reading Ordinance No. 1341 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE TO ELIMINATE DRIVE - THROUGH RESTAURANTS AS A CONDITIONAL USE PERMITTED WITHIN ALL COMMERCIAL AND INDUSTRIAL ZONES WITHIN THE CITY; APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC- 171." CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Marten Garcia for discussion on the following: Discussion and direction to staff on permanent gang injunctions in Baldwin Park Request by Council Member Rubio for discussion on the following: 1) Council discussion and consideration to schedule a study session to include the BPUSD School Police, to discuss current crime trends, prevention and intervention; and 2) Request for an update from staff on the process for qualifying Baldwin Park as a "Tree City USA as well as the creation of a Tree Master Plan ADJOURNMENT City Council Agenda Page 4 CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of February 2011. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-mail at InietoQbaldwin park. 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 5 CALL TO ORDER ROLL CALL: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:00 p.m. CounciImembers /Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem/Vice Chair Marlen Garcia and Mayor /Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE 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 accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] NEW BUSINESS STUDY SESSION TO PROVIDE DIRECTION ON PARKING STRUCTURE ELEVATIONS AND DESIGN City staff and architect, Watry, Inc. will provide a presentation on design options for the proposed transit center parking structure and seek Council direction on the preferred elevations and design RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 013 -905 Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: D.C. Corporation Under Negotiation: Price and terms of payment 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9(a)) Case Name: NRDC v. Los Angeles, 08 -1467 AHM (PLAx) 4. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. February 10, 2011. *kx Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inieto(c_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 Il) aeariai BALD1,V1 N P . A , R , L- TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA FEB 16 STAE6 REPO] Honorable Mayor and Members of the City Council L.orena Quijano, Finance Director r� February 16, 2011 Warrants and Demands The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting; the following is a summary of the payments released; 1. The payroll of the City of Baldwin Park consisting of check numbers 193177 — 193226. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 21 2889 — 213147 for the period of January 09, 2011 through January 22, 2011 inclusive; these are presented and hereby ratified, in the amount of $395,704.38. 2. General Warrants, including check numbers 184191 to 184353 inclusive, in the total amount of $2,176,341.55 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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C3 C=e KC; fa �i ri O I ri ri I o ,` w 1 N L7 U 1 \ dl H I ri 61 O I M Lf] I \ m I � N H I o a I 4 iu r F m l W I E+ U I H H I a I GG 1 O o 1 W Uri x I zo gi YI N � U z 1 H W U FU-I iz Oz s w ww a0 , Cl) arN wHi w n0 M 5 a I z M H a LC) H I 0 w F-4 u7 O O M a4 l x 00 o C7 m rn I H O a' i G ul A 1 N �H(J) [n I z P4 OD Q I N N 0 U •• I d a 7.., U[7 4 � � M' I I m I F=r 0 1 m m o M 0 M H H O 0 O H 0 ; El p ri I Ca sT KV` 1 A r- N V a I rl \a N O O rI ai kl \ 1 O N O tD Pz '.4 0 I 'C O rl .-i ry' U I � I I o x x x x r N oo U U U U W H I M a W w w w El U U U U U lM W W U W H l � Fe C7 M U r ,n rn G, +n Q I H H U H I �-4 P4 I O \ f Q a W w 4 I M H 0 jy p w i o aa O w U 1 R, E O 1 H x�l a0 w i 0 w I Ei PG I orI" , BALDWIN P,A,R,K CITY COUNCIL AGENDA CITY OF BALDWIN PARK TO: FROM: DATE: SUBJECT: k P11RPl}RP ITEM NO. Honorable Mayor & Members of the City Council Vijay Singhal, Chief Executive Off ic r February 16, 2011 Proposed Recognitions by the Mayor and City Council. The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTSIRECAP The following requests for plaques and certificates were received: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Time/Date/Place of Date Needed Requested B List of Honorees Presentation City Treasurer Abran Alvarez and 7:00pm /February 16 Certificate Maria Contreras Veronica Menjiver for Council Chambers 02 -16 -11 Heroic Deed BRACE Proclamation proclaiming 7:00pm /March 2"d Proclamation March 14 -19, 2011 as Council Chambers 03 -02 -11 Adult & Community Education Week in BP BPACE Adult Education Week 7:00pm /March 16 Certificates Essay Contest Winners Council Chambers 03 -16 -11 and Instructor Councilmember Proclamation proclaiming 7:00pm /April 6 1h Proclamation Susan Rubio April 10 -16, 2011 as Council Chambers 04 -06 -11 National Library Week in BP Councilmember Presentation to Members 7:00pm1April 6 Certificates Susan Rubio of Baldwin Park Friends of Council Chambers 04 -06 -11 the Library RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY OF BALDWIN PARK CITY COUNCIL MINUTES CITY COUNCIL AGENDA FEB 1 6 WEDNESDA`N,�� 19, 201'1 7.00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Marlen Garcia, Mayor Pro Tern /Vice Chair Council Members/ Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Council Member Pacheco PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano expressed condolences to victims of the Arizona shooting. He also requested to adjourn in memory of Maria Louisa Aceves, resident, former Senior Prom Queen, and volunteer. He asked that a letter of condolence be sent to the family Mayor Pro Tern Marlen Garcia asked that it be adjourned in memory of Bernard Conklin, father of Chris Dennis, BPUSD Council Member Rubio also expressed her condolences to the victims of the Arizona shooting and congratulated Council Member Pacheco and his wife Lenet, who were expecting a baby Mayor Lozano welcomed the dignitaries who were in attendance at the meeting ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tom Pacheco, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Year-end Report presentation by Maps 4 College Ms. Sarai Koo presented the MAPS 4 College annual report. Mayor Lozano commended the program and announced an upcoming event. In response to an inquiry from Mayor Lozano, Ms. Koo said that she would contact the BPUSD Superintendent and request that an announcement be placed on the marquee. Council Member Pacheco complimented the program and the ideas that they had brought to fruition. He asked that the annual report be placed on the City's website; City Clerk Avila said that if approval was received from the District, flyers could be sent to all of the school sites. Council Member Rubio thanked Ms. Koo and looked forward to the continued partnership with MAPS 4 College Council Member Monica Garcia thanked Ms. Koo for her commitment to the community and looked forward to expanding the program to serve young men as well. She said that mentoring was something that the Council could do on a small scat, but through this program they were reaching a larger number of students. She gave Ms. Koo a lot of praise for her work and encouraged her to continue to reach out to the Council so that they could help her reach her goals. Mayor Pro Tem Marlen Garcia echoed the comments of the Council, noting the benefits of these programs in the community. Education was provided to not only the students but the parents as well. Presentation by Belinda Campos & Jonathan Moctezuma, finalists in the Lucille Ball Hometown Wedding Giveaway Ms. Campos & Mr. Moctezuma presented their video and asked for Council and residents to cast their votes for them Plaque presentation to newly elected Upper San Gabriel Valley Municipal Water District Board Member and former Planning Commissioner Bryan Urias Mayor Lozano, joined by the Council, Clerk and Treasurer presented a plaque to Board Member Urias. He thanked the Council and residents and said that he looked forward to working for the city for the interest of water PUBLIC COMMUNICATIONS Rosa Guerrero, resident spoke about improvements that she wanted to do on her home but could not because of the zoning. She said she had been waiting for about five years but had not heard from staff. Mayor Lozano asked that staff take care of the issue and report back to the Council Bryan Urias, USGVMWD Board Member announced the toilet exchange at Margaret Heath School. In response to comments received by the Council, he mentioned that the Upper District's 2nd meeting of the month would now be held at a later time. He also announced that he had been appointed to the Water Quality Authority by the Upper District Magda Torrellas, resident wished everyone a happy new year and thanked the City of Baldwin Park, Director Carrillo & staff for the Veterans Day festivities Two participants of the MAPS 4 College thanked the Council for their support Council Member Rubio clarified that the grand opening event for the new 7 -11 was on January 21, 2011. Peter Wittingham, Anaheim resident spoke regarding the drive -thru moratorium and inquired about the status of the item. He spoke about a study that had been conducted on the City of Los Angeles` moratorium and that the findings showed that drive - thru's were not the cause of obesity Mayor Lozano announced that the Council would be discussion the drive -thru moratorium extension at the 2nd meeting of February Mary Ferrer, resident thanked Baldwin Park Police Officer Rodriguez, who was the evening's sergeant at arms, for his assistance in a recent accident she had been involved in, Mayor Lozano asked that Chief Hadsell place a notation in Officer Rodriguez' personnel file to reflect the favorable comments of speaker Ferrer Public Communications were closed at 7:58 p.m. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Councilmember Marlen Garcia, seconded by Mayor Pro Tem Pacheco. 1, WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL City Council approved the preparation and presentation of the plaques, proclamations and certificates, as outlined in the staff report. 3. MINUTES City Council approved the minutes of the December 15, 2010 meeting (special.) 4. CLAIM REJECTIONS City Council rejected the claims of Crystal Harty; Nicole Arreguin, Marjorie Perez; Sergio Medrano; Andrew Hernandez; and Stefan Chang and directed staff to send the appropriate notices of rejection to the claimants. 5. CITY TREASURER'S REPORT - NOVEMBER 2010 City Council received and filed. 6. WAIVE FORMAL BID PROCEDURES FOR THE PURCHASE OF JANITORIAL SUPPLIES THROUGH THE WESTERN STATES CONTRACTING ALLIANCE City Council determined that 1) (i) it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and the State previously completed the bidding process and (11) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and 2) approved the procurement of janitorial supplies from Waxie Sanitary Supply; and 3) authorized Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years as long as the vendor continues to offer State pricing; and 4) authorized Recreation and Community Services Director to expend $27,500 from Account 100 -60- 620 - 53100- 00000 -2 and $27,500 from 252 -60 -620- 53100- 00000 -2 for a total of $55,000. 7. NOTICE DECLARING A VACANCY OF OFFICE NO. 4 OF THE PLANNING COMMISSION (BRYAN URIAS) City Council declared a vacancy of Office No. 4 of the Planning Commission, directed staff to advertise the vacancy and bring applications forward to a future meeting for consideration of appointment. 8. CONSIDERATION AND APPROVAL OF THE RELEASE OF FUNDS ALLOCATED BY THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LOS ANGELES TO ADMINISTER THE GRANT City Council 1) approved the appropriation of money granted by the Recovery Act Edward Byrne Memorial Justice Grant (JAG) Program in the amount of $34,315 to perform a technology upgrade to the police department authorized and pay related administrative costs and 2) waived further reading, read by title only and adopted Resolution No. 201 1 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SIGN THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND CITY OF LOS ANGELES." 9. AWARD CONTRACT FOR PRINTING OF THE BALDWIN PARK NOW PUBLICATION City Council 1) awarded a contract to Aljon Graphics for the printing of the Baldwin Park NOW in the annual amount of $45,222.82; and 2) excluded Notice to Proceed and commence services January 20, 2011; and 3) authorized the Mayor to execute the agreement and 4) authorized the Director of Recreation & Community Services to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. 10. EAST VALLEY BOYS AND GIRLS CLUB LEASE AGREEMENT UPDATE City Council received and filed. 11. MEMORANDUM OF UNDERSTANDING WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR SCE CALIFORNIA LONG -TERM ENERGY EFFICIENCY STRATEGIC PLAN (CCESP) GRANT PROGRAM City Council approved the Memorandum of Understanding for work associated with Southern California Edison (SCE) California Long -Term Energy Efficiency Strategic Plan (CCESP) Grant, and authorized the Chief Executive Officer to execute the Memorandum. SET MATTERS - PUBLIC HEARINGS 12. CONSIDERATION OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE AMENDING SECTION 153.442 OF THE CITY'S MUNICIPAL CODE THAT CURRENTLY ALLOWS MASSAGE USES WITH A CONDITIONAL USE PERMIT IN THE C -2, GENERAL COMMERCIAL ZONE AND RELATED NEGATIVE DECLARATION City Planner Harbin presented the report Mayor Lozano opened the public hearing for those in favor: Magda Torrellas expressed her opinion that acupuncture should be permitted if it's a valid business, as many people used that treatment for different types of ailments There were no speakers in opposition. Seeing no further interest, the public hearing was closed Motion: 1) waive further reading, read by title only and adopt Resolution No. 2010 -054 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE 1 ACUPRESSURE LAND USES; LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 170)" and 2) waive further reading, read by title only and introduce for first reading Ordinance No. 1340 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE I ACUPRESSURE USES; LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 1 70." Moved by Mayor Lozano, seconded by Mayor Pro Tem Pacheco. REPORTS OF OFFICERS 13. SAN GABRIEL VALLEY TRIBUNE Council Member Monica Garcia spoke about the disappointment she felt when the Tribune referred to Baldwin Park as Bolen Parque, which was a gang term. She acknowledged that there were gangs in the community, which is not uncommon for any city, and that the majority of the residents were upstanding. She felt the comments were derogatory. She shared that she had spoken with Mr. Girardot and he could not provide an explanation as to why he used that term when referring to Baldwin Park. When asked if he would apologize to the residents of Baldwin Park, he said that he would not. Additionally, he said that he might not use the term in the future, which was not a solid assurance. She wanted the Council to consider options, such as pulling support of the Tribune, advising the public and engaging other partners. The City of Baldwin Park was trying to shed the negative stereotypes with all the progress that had been made. The Council and the public were trying to bring positive images to the community and share with others. She had spoken with Government Relations staff at the Tribune, who were open to scheduling a meeting with the City, as well as the publisher. She hoped to keep the Council's options open, keeping the Tribune on hold until some assurances could be made that the negative references would not be used in the future. Council Member Pacheco inquired as to how the meeting would take place. City Attorney Pannone advised the Council on the regulations of the Brown Act and suggested that if more than a quoroum would be present, that discussions be done at a public meeting, or the Council could create a subcommittee that would report back to the Council. Council Member Monica Garcia suggested that a panel of designated staff meet with the Tribune and see if they were open to coming to a Council meeting. Mayor Lozano asked if the Tribune contacted Council Member Monica Garcia or if she called them, to which she responded that she had contacted them. Council Member Monica Garcia expressed her disappointment that the Tribune did not respond to the letter that the City had sent. She suggested that a plan be made that the Council would be willing to pursue, if there were not strong assurances made by the Tribune that this would not happen in the future. Mayor Lozano expressed his concern with the lack of response from the Tribune and noted that he had spoken with other cities who were willing to pull their support of the newspaper. He said that it was totally unprofessional and unethical that they did not respond to the City's letter and that he had no intention of sitting down with them to discuss the matter. He asked if notification had been placed in the NOW and if subscriptions had been cancelled, to which staff responded that they were waiting for Council direction. He also reached out to the dignitaries in attendance and asked that they also consider pulling support from the Tribune and also wanted to reach out to the school board. Council Member Pacheco inquired how much was been spent on subscriptions and notices. CEO Singhal shared that the City was not required to publish certain notices because there was not an adjudicated newspaper in Baldwin Park. Council Member Pacheco suggested the use of another publication, such as the San Gabriel Herald Examiner. In response to a request from Council Member Pacheco, City Attorney Pannone explained the types of adjudication (city and county) and the requirements of the city. Council Member Monica Garcia reiterated that he said he "might not" use the term Bolen Parque in the future and that he would not apologize to the residents. She wanted to have a conversation with Mr. Girardot's supervisors before making a decision to pull support. She wanted to see how they would respond. Council Member Monica Garcia said that the use of the term Bolen Parque was very offensive and that the residents, businesses and the name of the city needed to be protected. She looked forward to meeting with staff at the Tribune, ideally securing a public apology, but if they are non - responsive then move forward. She'd like to see what they have to say and if the Council was not satisfied, then move forward as planned. Mayor Pro Tern Marlon Garcia concurred with Council Member Monica Garcia in handling this on an administrative level, saying that a public apology would be in order. If that did not happen, then other steps could be taken and if other agencies join in support, then it would show a united front. Again, if they were not responsive then they could move forward. Mayor Lozano expressed the opinion that the City would not be receiving an apology from the Tribune. 14. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from December 9, 2010) Motion: waive further reading, read by title only and adopt Resolution No. 2011003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: EDWARD J. MARTINEZ TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; OFELIA DE GUZMAN TO OFFICE NO. 3 FOR A TERM TO JUNE 30,2011; NABOR GILBERT PADILLA TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2011 AND BENSON T. LIEN TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011" Moved by Mayor Pro Tern Pacheco, seconded by Mayor Lozano. 15. DESIGN SELECTION FOR NEW DIAL -A -RIDE BUSES Acting Program Supervisor Galindo presented the report Motion: Select the proposed green design for the Dial -A -Ride fleet Moved by Councilmember Monica Garcia, seconded by Mayor Pro Tern Pacheco. 16. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN -HOUSE COMMITTEES; CREATION OF AN 1N -HOUSE AUDIT COMMITTEE (Continued from December 15, 2010) Council Member Pacheco expressed his concern about the proposed audit committee only being comprised of two Council Members and preferred that the committee be made up of the entire City Council. He also expressed his concern about Brown Act requirements and the need for transparency. City Attorney Pannone said that if it is a permanent, standing committee, it would have to abide by the Brown Act. It was reiterated that the committee meetings were noticed and open to the public. Council Member Rubio inquired as to who had requested the formation of this committee to which Finance Director Quijano responded that it was at the suggestion of the City financial auditors. She noted that there were several cities with these types of committees and they were for the purpose of having more open communication with the Council. It was no required but suggested in the interest of transparency. Mayor Lozano suggested that it be open to all Council Members and held in an open forum. Council Member Rubio said that in the interest of transparency and because the Council would ultimately be accountable for the budget, that she would be more comfortable with having the entire Council participate on this committee. Motion: Create an Audit Committee comprised of the Mayor & City Council and meetings would be noticed in accordance with the Brown Act Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco. Section 1 - San Gabriel Valley Water Association Representative: Council Member Pacheco Alternate: Mayor Lozano Section 2 - Los Angeles County Sanitation District Nos. 15 & 22 Representative: Mayor Lozano Alternate: Mayor Pro Tom Garcia Section 3 - League of California Cities, Los Angeles County Division Council Member Pacheco made a motion to nominate Council Member Rubio. The motion died for lack of a second Representative: Council Member Monica Garcia Alternate: Mayor Pro Tom Marlon Garcia Section 4 - Civil Defense Area "D" Directors Meeting Representative: Chief Hadsell Alternate: Mayor Lozano Section 5 - Civil Defense Area "D" General Membership Representative: Mayor Pro Tom Marlon Garcia Alternate: Chief Hadsell Section 6 - Independent Cities Association Council Member Pacheco nominated Council Member Rubio for appointment to this committee. The motion died for lack of a second Representative: Mayor Pro Tom Marlen Garcia Alternate: Council Member Monica Garcia Section 7 - Independent Cities Association Lease Finance Authority Representative: Council Member Pacheco Alternate: CEO Singhal Section 8 - Los Angeles County City Selection Committee Representative: Mayor Lozano Alternate: Council Member Rubio Section 9 - Southern California Association of Governments Representative: Council Member Pacheco Alternate: Council Member Rubio Section 10 - Foothill Transit Zone Representative: Mayor Pro Tem Marion Garcia Alternate: Mayor Lozano Section 11 - San Gabriel Valley Council of Governments Representative: Council Member Monica Garcia Alternate: Council Member Rubio Section 12 - Independent Cities Risk Management Authority Representative: Council Member Pacheco Alternate: Mayor Lozano Substitute Alternate: Human Resources Manager Leticia Lara Section 13 - San Gabriel Valley Economic Partnership Representative: Council Member Rubio Alternate: Council Member Pacheco Section 14 - Baldwin Park Chamber of Commerce committee was dissolved All in -house committee appointments remained the same for 2011 Motion: Adopt Resolution No. 2011 -002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY" Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. CITY COUNCIL I CITY CLERK 1 CITY TREASURER !-STAFF REQUESTS & COMMUNICATIONS * Request by Council Member Pacheco for discussion on the following: Discussion and direction to staff to look into placing a City of Baldwin Park Rose Float in the next Rose Parade Council Member Pacheco spoke about the possibility of having a float in the Rose Parade. Council Member Rubio said that it would bring pride to the community. Mayor Pro Tern Marlon Garcia asked that staff bring forward a report detailing the costs of entering a float in the parade. * Request by Council Member Rubio for discussion on the following: * Discussion on improving family, community and Council interaction during the holidays by implementing a Holiday Home Decorating Contest and the 1st annual Tree Ornament Artistic Discovery in 2011; and Council Member Rubio asked that a decorating contest be implemented to bring families together, such as a block award and that a judging panel could be created. She also spoke about the Artistic Discovery ornament contest in which the City's Christmas tree could be decorated with these ornaments. * Discussion and consideration to preserve Baldwin Park Sister Cities' history; and Council Member Rubio spoke about the history of the association and asked if there could be some sort of case designated for the display of the items of the association * Council consideration to adopt a resolution condemning the Arizona shooting and honoring the memory of the victims Council Member Rubio requested that a resolution be brought forward for Council approval Mayor Lozano spoke about the amount of graffiti that is appearing, and inquired about the arrests that have been made. Chief Hadsell reported that fourteen arrests had been made, eight of which were juveniles in the past eight weeks. Mayor Lozano asked that information be placed in the NOW regarding the reward for reporting graffiti and the method in which charges wuold potentially be filed City Clerk Avila reported that the Metrolink graffiti had not yet been removed near Jones Junior High. CEO Singhal reported that Metrolink had been notified several times regarding the matter and that staff would contact them again. Council Member Rubio asked what the fee paid to Metrolink was for; it was reported that it was for abatement of graffiti on the Metrolink right -of -way. She suggested that payment be withheld until something was done. With reference to the historical items, Mayor Lozano spoke about a vault where these items could be placed. He wanted to look into something that would not be too expensive. Council Member Rubio suggested that they be placed at the park. Council Member Monica Garcia requested that when these matters are discussed, that the historical society be engaged as they should be partners at the table. She commended the great work that the Historical Society was doing and she and Mayor Lozano spoke about a book that Mr. Benbow had put together which would be published soon Mayor Pro Tern Marlen Garcia acknowledged the Department of Recreation & Community Services on winning an award for the City's "Think Green" program and suggested that it be placed in the NOW Council Member Pacheco requested to recognize St. John students for participating in the Bishop Amat Math Competition ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Maria Luisa Aceves and Bernard Conklin at 9;00 p.m. Approved as presented by the Council at their meeting held February 2, 2091. Laura M. Nieto, CIVIC Deputy City Clerk MINUTES CITY OF BALDWIN PARK �t,. WEDNESDAY, FEBRUARY CITY COUNCIL & COMMUNITY V, 0-f 4 2011 DEVELOPMENT COMMISSION 5.00 p.m. City Hall Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marlen Garcia, Mayor Pro Tem 1 Vice Chair Monica Garcia, Ricardo Pacheco, Susan Rubio Council Members 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL MEETING at the above time and place. CALL TO ORDER Mayor Pro Tem 1 Vice Chair Marlen Garcia called the meeting to order at 5:45 p.m. ROLL CALL Present: Council Member 1 Member Monica Garcia, Council Member I Member Rubio, Mayor Pro Tem I Vice Chair Marlen Garcia. Absent: Council Member 1 Member Pacheco, Mayor 1 Chair Lozano. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, City Clerk Avila, Deputy City Clerk Nieto. Mayor 1 Chair Lozano arrived at 6:17 p.m. PUBLIC COMMUNICATIONS NONE NEW BUSINESS * STUDY SESSION TO PROVIDE DIRECTION ON PARKING STRUCTURE ELEVATIONS AND DESIGN The representatives from Watry shared two renderings as an example of what the proposed parking structure would look like. The Council Members in attendance reviewed each rendering, inquired about certain details and made suggestions as follows: In response to an inquiry from Council Member 1 Member Rubio, it was shared that the height of the walls for the stairwells would be 3 feet, 6 inches. Mayor Pro Tern 1 Vice Chair Marlen Garcia liked that banners could be hung on each of the renderings that had been presented CEO Singhal said that solar powering was an option and that it could be included in the bid package. Council Member 1 Member Monica Garcia made an inquiry about the type and texture of material that would be used. Council Member 1 Member Rubio expressed that she liked the version of the structure that was more covered. City Attorney Pannone inquired about the placement of the planters and if it they would go from the bottom, up. Council Member I Member Monica Garcia asked if there were any buildings similar to the renderings that they could go out to visit. The Watry representatives said that they were unsure if there were any existing buildings similar to the proposed designs. Council Member 1 Member Rubio said that she preferred the walls to the mesh and the Watry representatives spoke about the advantages and that the shear wall will also have a bus shelter on the Bogart side. Mayor Pro Tern I Vice Chair Marlen Garcia liked the screened version as well but did not want to see such a resemblance to the existing ARC building. She wanted to make sure that each building had its own identity. She also said that she would like to make sure that there are safety measures taken to discourage anyone from using the building to commit suicide. Council Member 1 Member Monica Garcia suggested an option for a shadowline mesh. Watry representatives stated that it needed to be able to withstand the load of a car impact and that blending and contrasting could be done. Watry representatives stated that a low wall was possible on the bottow and that screening material was recommended so that people wouldn't be able to enter the structure from the street. It was reported that there would be five hundred and nine parking spaces. Mayor Pro Tern 1 Vice Chair Marlen Garcia expressed her concern about people having to enter and walk through the parking structure and asked if it was possible to have another entry path. Watry representatives said that it was possible but that it would take away a parking spot. With regards to the top wall perimeter border, Council Member 1 Member Monica Garcia suggested that it could enhanced or that different colors be used so that it was a bit more broken up. Mayor Pro Tom 1 Vice Chair Marlon Garcia inquired about the shear wall for the use of interchangeable banners; Council Member 1 Member Rubio would prefer that the trees used not be yellow in color. In response to an inquiry from Council Member I Member Monica Garcia, Watry representatives said that the lighting could go up and down and that a light component could be added for a banners. They also spoke about the accumulation of trash in the stairwells and Mayor Pro Tom I Vice Chair Marlon Garcia said that there would need to be trash cans in the structure. Council Member 1 Member Rubio complimented the renderings. Council Member 1 Member Monica Garcia asked about the sidewalk widths on Bogart to which Public Works Director Galvez stated that there would be trees but that they would be covered so that the sidewalk width would actually be wider than the minimum. Taking all of these comments into consideration, Watry staff would bring forward additional design elements and revised renderings at the next meeting RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Unrepresented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -060 8437 - 004 -061 8437 - 004 -062 8437 -004 -063 8437 -004 -064 8437 - 004 -065 8437 -004 -066 8437- 004 -067 8437.004 -069 J &J Warehouse Co. / Newman Tek Capital 14433 Baldwin Park LLC 14433 Baldwin Park LLC J &J Warehouse Co, / Newman Tek Capital J &J Warehouse Co. 1 Newman Tek Capital J &J Warehouse Co. I Newman Tek Capital J &J Warehouse Co.1 Newman Tek Capital J &J Warehouse Co. l Newman Tek Capital J &J Warehouse Co. l Newman Tek Capital Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions 14417 Ramona 14433 Ramona 14433 Ramona NIA 14467 Ramona 14519 Ramona 14483 Ramona 14455 Ramona 4124 Maine 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session in the City Council Chambers at 7:00 p.m. REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council I Commission at their meetings held February 16, 2011. Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 02, 2011 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marlen Garcia, Mayor Pro Tern 1 Vice Chair Council Members 1 Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Council Member Pacheco PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Pro Tern Marlen Garcia adjourned in memory of Sherry Arnold, mother of Lt. Joe Bartolotti ROLL CALL Present: Councilmember Marlen Garcia, Mayor Lozano, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tern Pacheco, Absent: None. Also Present: Chief Hadsell, City Treasurer Contreras, City Clerk Avila, Deputy City Clerk Nieto, Recreation & Community Services Director Carrillo, City Attorney Pannone, Community Development Manager Castagnola, Public Works Director Galvez, Chief Executive Officer Singhal, Finance Director Quijano. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS * Administration of Oaths of Office and Presentation of Certificates of Appointment to newly appointed Personnel Commissioners Mayor Lozano administered the oaths to Commissioners Padilla, de Guzman and Martinez and shared a few words on each of the new Commissioners * Certificate presentation to St. John the Baptist students who participated in the Bishop Amat Math Competition & Damien Math Competition Council Member Pacheco provided background on the competition and participants and was joined by the Mayor, Council, Clerk and Treasurer in presenting the certificates Council Member Monica Garcia congratulated the future leaders of the community and also thanked the parents for their commitment to their childrens' education. Council Member Pacheco thanked the teachers as weil * Certificate presentation to outgoing officers of the Baldwin Park Sister Cities Association At the request of Council Member Rubio, this item was continued to the next meeting PUBLIC COMMUNICATIONS Mr. Flores, resident spoke about the recent fundraising that was done for the Mark Daniel Flores Scholarship foundation in memory of his son. He shared that they raised more money than the prior year and announced that the scholarship was also open to students who were home - schooled or who went to parochial school Mayor Lozano said that an announcement could be placed in the NOW regarding scholarships and referred speaker Flores to Director Carrillo Lili'a Chavez, resident spoke on behalf of the residents of the 4200 block of North Hornbrook Avenue. She shared that they were next to the 605 Freeway and that cars frequently out through their neighborhood where children were playing. She thanked the Police Department for the patrolling that had been done. She asked the Council to consider installing speed bumps and also noted that there were no speed limit signs on the block. Concern was expressed about the kids. Mayor Lozano asked that Director Galvez speak with her. Director Galvez said that he would examine the situation and that a grant application had recently been put through for this particular area. Mayor Lozano asked that the Council be updated on the status of this situation. Ms. Chavez also asked if street light could be installed as the block was very dark. Speaker Chavez also asked if there could be another light pole be installed Amanda Serrato, resident representing Friends of the Baldwin Park Library spoke about the many programs that they promoted and supported and asked that the Council help promote the group and programs for the benefit of the community Mayor Lozano asked that information on Friends of the Baldwin Park Library be placed in the NOW Rafael Gonzales, Baldwin Park Library said that the Friends of the Library had been very successful but that their membership had been dwindling. He complimented Ms. Serrato for all of her efforts and asked that the Council consider recognizing the committee in April which was National Library Month Council Member Rubio asked that a proclamation for Library Month be presented along with the recognition of the Friends of the Library committee Greg Tuttle, business owner expressed his concern about the conduct of the Planning Commission and a Commissioner. He expressed his opinion about a proposed project and said that according to his information some paperwork had not been filed by the City with the Fire Department in relation to the proposed project Magda Torrellas, resident spoke about graffiti at the new 7 -11; the condition of the laundromat next to the new 7 -11 and that false alarms were pulling officers off of legitimate calls and expressed the opinion that stricter penalties should be enforced for false alarms Margarita Vargas, resident said that she attended an Irwindale City Council meeting and asked them to fix Los Angeles Street. She was told her that they were looking for a contractor to complete the repairs Ken Woods, resident and business owner spoke about tax increments and redevelopment. He said that he was in favor of reasonable redevelopment as long as the parties involved were justly compensated Thomas Cary, resident spoke about redevelopment funds being taken away from cities; graffiti, and speed bumps Cecelia Lee, business owner said that there was difficulty bearing people speak at the podium and asked that the sound system be corrected. She said that people were at the meetings because they were interested in city business, but they were unable to hear what was being said Elia Thompson, California Land Use Professionals representing Green Aroma Spa expressed her clients' opposition to proposed Ordinance 1340 saying that it might negatively reflect on her clients and their ability to apply for an extension of their conditional use permit Grace Park, daughter of the owner of Green Aroma Spa spoke about modernizations to be done at their business, noted that all of their therapists are certified, and expressed the hope that the City would not use the proposed Ordinance 1340 against them when it came to to apply for their conditional use permit Public Communications were closed at 7:52 p.m. Council Member Pacheco announced the February 12th Superior Kickoff and invited the public to attend; he also announced the free toilet giveaway being hosted by the Upper District Council Member Pacheco asked that staff look into the issues brought up regarding the Planning Commission. He wanted to ensure that the City was being transparent in its actions and that everything was brought forward Council Member Pacheco also asked that staff look into the sound system in the Chamber Council Member Rubio requested that a discussion item be added to the next agenda to possibly schedule a study session regarding the recent violence that had occurred in the City. She also congratulated Baldwin Park Police Detective Diana Larriva for being named YWCA Woman of Achievement Council Member Monica Garcia asked Chief Hadsell to join the Council in recognizing Detective Larriva at an upcoming Council meeting Council Member Rubio addressed the comments of speaker Torrellas regarding the laundromat in the shopping center of the new 7 -11 and asked if Community Development Manager Castagnola would sit down with the owners and address the concerns Mayor Pro Tern Marlen Garcia invited all residents to attend a free workshop on scam prevention. She noted the importance of education for residents so that they would not fall victim to these types of crimes, especially seniors. CONSENT CALENDAR Motion; Approve CONSENT CALENDAR Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL City Council approved the preparation and presentation of the plaques, proclamations and certificates, as outlined in the staff report. 3. MINUTES City Council approved the minutes of the January 19, 2011 meetings (special.) 4. CLAIM REJECTIONS City Council rejected the claims of J.A. Salazar; Bernardo Pagovich; Wayne Carnahan; and Shirley Gholar and directed staff to send the appropriate notices of rejection to the claimants. 5. MONTHLY FINANCIAL REPORT- DECEMBER 2010 City Council received and filed. 6. 2ND READING - ORDINANCE 1340 City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1340 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE 1 ACUPRESSURE USES; LOCATION: ALL C -2, GENERAL COMMERCIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -170." 7. BUSINESS LICENSE HUB SOFTWARE PILOT TEST City Council 1) authorized staff to enter into the Business Licensing Hub Software Pilot Test Agreement with E2G2, Inc.; and 2) directed staff to bring back a final contract if the test results are positive and the City is satisfied with the results. 8. RESOLUTION NO. 2011 -004 CONDEMNING THE SHOOTING OF ARIZONA REPRESENTATIVE GABREILLE GIFFORDS AND HONORING THOSE WHO HELPED APPREHEND THE GUNMAN City Council waived further reading, read by title only and adopted Resolution No. 2011 -004 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONDEMNING THE SHOOTING OF ARIZONA REPRESENTATIVE GABRIELLE GIFFORDS AND OTHERS AND HONORING THOSE WHO HELPED APPREHEND THE GUNMAN," 9. RESOLUTION IN OPPOSITION TO THE ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA City Council waived further reading, read by title only and adopted Resolution No. 2011 -005 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OPPOSING THE ADMINISTRATIONS PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA. CITY COUNCIL 1 CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Council Member Monica Garcia said in response to comments made regarding graffiti, that they were trying to improve communication with other jurisdictions. She said that there was an increase in graffiti during the holidays but that they were attempting to streamline processes so that abatement could be done more quickly. With regards to the comments made by the residents of Hornbrook, she assured them that the Director of Public Works would be looking into the issue. She noted that the intersection of Los Angeles and Hornbrook was one that they had previously discussed and was happy to see that staff had applied for a grant for a traffic signal to improve the flow of traffic. She assured them that their requests were heard and that staff and Council were being diligent in their efforts. Mayor Lozano announced that Ordinance 1340 was passed and would go into effect in thirty days Mayor Pro Tern Marlen Garcia said that she had been approached by residents regarding speeding on Clark Street between Maine and Baldwin Park Boulevard. In response to their request for speed bumps, she conveyed that it might not be the right solution. She asked for the Police Department for extra patrol in that area. She also shared that some residents on Big Dalton had approached her regarding RVs that were parked on the streets and in the Wal Mart parking lot. She asked if there were any restrictions on this type of parking and if there were any agreements that WalMart had with the owners of the RVs. She noted that suspicious activity had been observed. Council Member Pacheco said that since the Council promoted the use of public transportation to the residents, that they should provide appropriate bus shelters and shade for those who have to wait at the bus stops. He asked staff to look into this matter. He also spoke about the landscaping throughout the City. He specifically addressed the underpass on Puente Avenue and asked staff to come up with a plan for this location and others in the city to make it look better. He asked that staff prepare a Master Plan for landscaping, also looking into drought tolerant plants. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Sherry Arnold at 8:05 p.m. Approved as presented by the Council at their meeting held February 16, 2011. Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK CITY COUNCIL AGENDA FEB 1 6z ITEM N0. AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Shama P. Curian, Senior Human Resources Analyst DATE: February 16, 2011 SUBJECT: Claim Rejection PURPOSE This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. RECOMMENDATION Staff recommends City Council reject the claim of Wawanesa Insurance as subrogee for John Granato, Nation Insurance as subrogee for Crystal Harty, Bernice Arteaga, Richard Ligon, and Ana Tisnado and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Wawanesa Insurance (John Granato) DOL: 09/16/2010 • Nation Insurance (Crystal Harty) DOL: 12/22/2010 • Bernice Arteaga DOL: 01/23/2011 • Richard Ligon DOL: 08/07/2011 • Ana Tisnado DOL: 01/13/2011 i ! r CITY OF BAL.DWIN PARK e BALUWIN CLAIM FOR DAMAGES V -A -it , K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 1 THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., OALDW114 PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) JAN 2 G 2011 CITY Or- 3A1 sDWIN i >ARK CITY GLERK'S f)EPARTME:NT Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. W &15 Claimant /�� a r/�K_5 � I J� / 5. Claimant's occupation 2 Home Ad red of C �y Il� 3 / r !'L ( 141k. 4�w 6. Home Telephone Number 3. B ' ess Address of Clai ant f , 7. Business Te phone umber YOM 8. Name and address to which you desire notices or ce umcationS to be sent regarding this claim: �l a` a 1 1 fi? � �'` , . I �SZ Cat? f 9. When did DA GE r INJURY occur? Date: 9 W / Time: `9 tP 10. Names of any City employees involved in INJURY or DAMA : Name Department if is f Equi Indemnity, date nt o claim r able give claim served with complaint: 114 11. ere did DAMAGE or] UR cur? here 12. Describe in detail how the DAMAGE o INJURY occurred. 13. ere police or paramedics called? YesNdl No ❑ 4. If physician was visite d e to injury, include date of first visit and physician's If yes, was a report filed? Yes No ❑ name, address and hone number: If yes, what is the Report No? ' �t a r 14. Why do you &V the City of BaldWn Park is responsible? (Please be specific — Use additional sheet if necessary) i - 2f 15. List damages incurred to date? v 16. Total amount of claim to date: $ Basis for Computation: Limited Civil Case: ❑ Yes No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount ) shall be stated, but you are ' ed to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I herebyco&t , (or declare) under penalty of per ufy underthe laws offhe state orcatifornia that the foregoing is We and correct to the best ofmykno,,zWge. s nature Relationship to Clal " aFR Pnnted Name Date Note: Presentation of a false claim is a felony (Penal Code section 7z) CC For, t (Rev nos) k ^115 "113.51',:3 ,. ril t.°;,. ist f- .!.�1:T'N,*,tc;c- i&F,,., —Kj,} .. fWt),1?R.j,%FO.r,c£feS7S.0a.4 C (Page 1 of 18) Date: Estimate ID: Estimate Version: Committed Profile ID: CORREA CLAIMS SERVICE 714 -671 4936 THIS IS NOT AN AU`IHORIZATION FOR REPAIRS. CALL INSIDE ADJUSTER FOR CONFIRMATION OF COVERAGE. —ALL SUPPLEMENTS MUST HAVE PRIOR APPROVAL. —ALL SUPPLEMENTS MUST HAVE VEHICLE PRESENT FOR REINSPECTION —ALL SUPPLEMENTS REQUIRE INVOICES AND ARE SUBJECT TO APPROVAL, CORREA CLAIMS SERVICE PO. BOX 474, BREA, CA 92822 (714) 671 -4936 Fax: (714) 671 -4959 Damage Assessed gay: JEFF CORREA 714 -496 -9717 Type of Loss: Collision Date of Loss: 9/1612010 Contact Date: 1/1812011 Deductible: 500.00 File Number: 40235 Policy No: FA9771477 Claim Number: 768227 Insured: JOHN GRANATO Owner: JOHN GRANATO Address: 5741 BALDWIN AVENUE, TEMPLE CITY, CA 91780 Telephone: Home Phone: (626) 232 -0773 Mitchell Service: 910158 Description: 2005 Ford Pickup F150 XLT Body Style: 4D PkupCrw6' Bed 139" WS Drive Traln: 4.6L Inj 8 Cyt 2WD VIN: 1FTRW12W25FA65935 License: 7W55852 CA Mileage: 73,048 0EMIALT. 0 Search Code: None Color. BLUE Options: VEHICLE ANTE - THEFT, PASSENGER AIRBAG, DRIVER SIDE AIRBAG, POWER LOCK POWER WINDOW, POWER STEERING, MANUAL AIR CONDITION, CRUISE CONTROL TELTSTEERING COLUMN, ANTE-LOCK BRAKE SYS., CD PLAYER, CHROME WHEELS POWER ADJUSTABLE EXTERIOR MIRROR, PRIVACY GLASS, FRONT AIR DAM FIRST ROW SPLIT BENCH SEAT, KEYLESS ENTRY, OUTSIDE TEMPERATURE GAUGE, CLOTH SEAT TACHOMETER, AUTOMATIC HEADLIGHTS Line Entry Labor Line Item Item Number Type Operation Description 1 006844 BDY REMOVEIREPLACE L Pickup Bed Stone Shield 2 AUTO BDY OVERHAUL Rear Bumper Assy 3 002503 BDY REMOVEIREPLACE Rear Bumper Face Bar 4 FAITH PLATING 800 528 9988 5 002508 BDY REMOVEIREPLACE Rear Bumper Pad Part Type] Part Number 51_3Z 99292A23 AAA Remanufactured 5L3Z 178807 AA 11191201105:46 PM 40235 0 CORREA Dollar Labor Amount Units 15.78 0.2 1.2 258.00 * [NC 160.80 INC ESTIMATE RECALL NUMBER: 01!1912011 17:4632 40235 Mitchel[ Data Version: OEM: DEC_10_V UltraMate Is a Trademark of Mitchell International Copyright (C) 1994 -2010 Mitchell International Page 1 of 4 UltraMate Version: 7.0.225 All Rights Reserved (Pa(Je 2 OE 18) * - Judgment Item Remarks CCS Prior Damage: FFRC, TAILGATE Estimate Totals Date: 1119/201105:48 PM Estimate ID: 40235 Estimate Version: 0 Committed Profile ID, CORREA Add't Labor Sublet L Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Body 1.4 42.00 0.00 0.00 58.80 Taxable Parts Sales "fax @ Nan - Taxable Labor 58.80 Total Replacement Parts Amount Labor Summary 1.4 58.80 Ill. Additional Costs Amount IV. Adjustments Total Additional Costs 0.00 Insurance Deductible Customer Responsibility I. Total LaV r: IL Told fieplacement Parts: III. Total Additional Costs: Gro g°Total: C e Total Adjustments: A40 TotaP Polnt(s) of Impact I\cn . 7 Left Rear Corner (P) ob t «, Insurance Co: WAWANESA INSURANOP 0, Address: 9050 FRIARS ROAD SAN DIEGO, CA Telephone: (800) 427 -9669 e5N -4:a : •:. , Fax Phone: (619) 584 -2746 Inspection Site: OWNERS RESIDENCE @ Aoe Address: 5741 BALDWIN AVE. TEMPLE CITY, CA 91790 0��' Inspection Date: 1/19/2011 ESTIMATE RECALL NUMBER: 01/1912011 17:46:32 40235 Mllchell Data Version: OEM: DEC_J0_V UltraMate Is a Trademark of Mitchell International Copyright (C) 1994 - 2010 Mitchell International UIIraMate Version: 7.0.225 All Rights Reserved 9.750% Amount 434.58 42.37 476.95 Amount 500.00 - 500.00- 58.80 476.95 0.00 535.75 590.00- 35.75 Page 2 of 4 (Page 3 Of 16) Date: 11191201105:46 PM Estimate ID: 40235 Estimate Version; 0 Committed Profile ID: CORREA in order to comply with California Department of Insurance regulations, this office must advise you of the following information that pertains to the repairs to your vehicle for the damages occurring from this loss: WE ARE PROHIBITED BY LAW FROM REQUIRING THAT REPAIRS BE DONE AT A SPECIFIC AUTOMOTIVE REPAIR DEALER. YOU ARE ENTITLED TO SELECT THE AUTO BODY REPAIR SHOP TO REPAIR DAMAGE COVERED BY US. WE HAVE RECOMMENDED AN AUTOMOTIVE REPAIR DEALER THAT WILL REPAIR YOUR DAMAGED VEHICLE. WE RECOMMEND YOU CONTACT ANY OTHER AUTOMOTIVE REPAIR DEALER YOU ARE CONSIDERING TO CLARIFY ANY QUESTIONS YOU MAY HAVE REGARDING SERVICES AND BENEFITS. IF YOU AGREE TO USE OUR RECOMMENDED AUTOMO'T'IVE REPAIR DEALER, WE WILL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION PRIOR TO THE LOSS AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW.-IF YOU EXPERIENCE A PROBLEM WITH THE REPAIR OF YOUR VEHICLE, PLEASE CONTACT US IMMEDIATELY FOR ASSISTANCE. WAWANESA INSURANCE 1 -800 --427 -9669 ACCORDING TO SECTION 2695.8 SUB - SECTION 3, OF THE INSURANCE CODE," THE INSURER MAY REASONABLY ADJUST ANY WRITTEN ESTIMATE PREPARED BY THE REPAIR SHOP OF THE ISNURED'S CHOICE ". IN ACCORDANCE WITH YOUR AUTOMOBILE POLICY, PART III, "COVERAGE FOR DAMAGE TO YOUR AUTO ", UNDER "LIMITS OF LIABILITY ", SECTION C "IF A REPAIR OR REPLACEMENT RESULTS IN BETTER THAN LIKE KIND OR QUALITY, WE WILL NOT PAY FOR THE AMOUNT OF THE BETTERMENT ". THERFORE, BETTERMENT /DEPRECIATION, MAY BE APPLIED TO ALL PARTS THAT WILL REQUIRE REPLACEMENT UNDER NORMAL USE, DUE TO WEAR AND TEAR WHICH CONSTITUTES A LIMITED LIFESPAN OF THE PART. BETTEMENT /DEPRECIATION: *BETTERMENT AND DEPRECIATION ARE APPLIED TO PARTS THAT WEAR *BETTERMENT IS BASED ON THE CONDITION OF FINISH OR PRIOR WEAR OF A PART. *DEPRECIATION ON A MECHANICAL PART IS BASED ON THE ACCRUED MILEAGE. *BETTERMENT AND DEPRECIATION ARE CALCULATED IN PART BY THE PERCENTAGE OF WEAR COMPARED TO THAT OF A NEW OR UNDAMAGED PART. State of California Department of Insurance Steve Poizner, Insurance Commissioner AUTO BODY REPAIR CONSUMER BILL OF RIGHTS Amended effective January 1, 2010 A Consumer is entitled to: 1. Select the auto body repair shop to repair auto body damage covered by the insurance company. An Insurance company shall not ESTIMATE RECALL NUMBER: 01/19/2011 17:46:32 40235 Mitchell Data Version: OEM: DEC-10_V UltraMate Is a Trademark of Mitchell International Copyright (C) 1994 - 2010 Mitchell International Page 3 of 4 UltraMate Version: 7.0.225 All Rights Reserved (Page 4 of 18) I Date; 1/19/2011 05:46 PM Estimate ID: 40235 Estimate Version: 0 Committed Profile ID: CORREA require the repairs to be done at a speciffic auto body repair shop. 2. An itemized written estimate for auto body repairs and upon completion of repairs, a detailed invoice. The estimate and the invoice must include an itemized list of parts and labor along with the total price for the work performed. The estimate and invoice must also identify all parts as new, used, aftermarket, recondition, or rebuilt. 3. Be informed about coverage for towing and storage services. 4.`Be informed about the extent of coverage if any, for a replacement rental vehicle while a damaged vehicle is being repaired. 5. Be informed of where to report suspected fraud or other coMlaints and concerns about auto body repairs. 6. Seek and obtain an indepedent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair the vehicle. Complaints within the jurisdiction of the Bureau of Automotive Repairs: Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: California Department of Consumer Affairs/ Bureau of Automotive Repair 10240 System Parkway Sacramento, CA. 95827 Toll Free (866) 799 -3811 The Bureau of Automotive Repair can also accept complaints on its website at: www.autorepair.ca.gov Complaints within the jurisdiction of the California Insurance Commissioner: Any concerns regarding how an auto insurance claim is being handled should be submitted to the: California Department of Insurance at: (800) 927 -HELP or (213) 897 -8921 California Department of Insurance Consumer Services Division 300 S. Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints on its website at: www.insurance.ca.gov ESTIMATE RECALL NUMBER: 011191201117:46:32 40235 Mitchell Data Version: OEM; DEC-10 V UitraMato is a Trademark of Mitchell International Copyright (C) 1994 - 2010 Mitchell international Page 4 of 4 UltraMate Version: 7.0.225 All Rights Reserved (Page 6 of 18) Appraiser. JEFF CORREA AppTrok@ 1484 -2008, Ail Rights Reserved,App Software Assaaiates, w. trak.net (Page 7 of 18) - N _— d _ S c a•. . 7_ ;4 � yam* ,{; Wow My not, solo ITT gift t 3 Mm } tax "Moo ,a �.eINS Q9 RRAIM lit 6 }k W g �# -ems § k ;.r 3N. .i3 t. Sf 4 <4yi } f 'y I now 3V�" y - J s_ fib' � X ?� � f sf 'f :s' t —r s L y f Tj i� f t F r3 cy� - fir.. t ro In tog A t. Y ti f f d � t r e 3 -• - F too wbul Colo. T _ d f (Page 12 of 18) (Page 13 of 18) � x c y f fi PW41 '-- -9M �� A: i s wf s s a' i3 5 4 (Page 115 of 18) r � y Am i� j a $Fir � � .., _ � •_ ��� {� t ;f+ � 4��� �� �{ ;p ����'' i� _.. ! q � V��.. rY� i - � 5 ' y i i (it 1 t CITY OF BALDWIN PARK Pita RJ' 13AfbWil�f CLAIM FOR DAMAGES '' . A, I?,, K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. Clerk's Official 3. THIS FORM MUST BE SIGNED. t=iling Stamp 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK,1 4103 E.PA CIFIC AVE., BALDWIN PARK,CA 91706 WARNING • CLAIMS FOR DEATH,INJ URY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE, (GOVERNMENT CODE SECTION 911.2 To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant 5. Claimants Occupation N6fimotJS IN1vwNC�_ C-,s S V6k -C36 6 U-(' C(N S-Tsg, . 11RfL'iy 2. Home Address of Claimant 6. Home Telephone Number l t c=4 Vl Lt-) AN op, cI )73'z, Gv,_ V'-i -- Ili S'L 3, Business Address of Claimant 7, Business Telephone Number �'�2�2SZ- '3��`1 �xrt•'� I-G 8. Name and address to which you desire notices or communications to be sent regarding this claim: 411 L4141 M -4 0tm40,ys IMSVcv.t'4CC (�b AF',A LL&%M Po txx Lt4?13, rr,--,5 -0703 InC-( -W 0(32") 5 9. When did D MAGI or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: -- �- Date: l 1[_7 Time: S ° I?fn Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? tam Cy 4N el t 6 .ofa &� DK164 A� 12. Describe in detail how the DAMAGE or INJURY occurred. ),I1--�ICLP_ wlaS oc_�m f,\GPC) 3' 1 (ST :,LC:- 14. If physician was visited due to injury, include date of first visit and physician's 13. Were police or paramedics called? Yess] NO ❑ name, address and phone number: If yes, was a report fled? Yew No ❑ If yes, what is the Report No? QR 0- 9 V 3'4 I� 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date? 16. Total amount of claim to date: $ � 2 Basis for Computation: sCc `Ttk6 16- LE Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be staled, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) V Total amount of prospective damages: $ Basis for Computation: 18. Witnesses to DAMAGE or INJURY. List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: i hereby certify (or declare) underpenatty ofperjury under the laws of the state of Callfomta that the foregoing is true and correct to the best of myknowtedge. l 13 41) `.\ t Si natare 4 I Relationship to Claimant Printed Name Date U Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form t (Rev 7100) f: l!!> EFii97SC1iY��-` rk�Ads�tr> isirstian !Pn..rslarrs &FvnnSt£wEr=t for Nurses Farm CC t R"7.06.dae AFA Claim Services Claim Administrator for Nations Insurance Qgmpany P.O. Box 4079 Cerritos, CA 90703 -40' MI! 32 IN 1 2: 11 License' #2D53105 (562) 252 -3434 ext. 216 Fax (562) 865- 28091T, January 31, 2011 FFr3 - 1 2011 City of Baldwin Park crf Y or -A. OM PARK 14403 E. Pacific Ave CITY CLERK'S DEPARTMENT Baldwin Park, CA 91706 Attn: HR Analyst Re: Named Insured: Date of Loss: Claim Number: Total Subrogation Demand: Insurance Carrier Paid: Insured Out of Pocket: Dear Claims Adjuster: Crystal Harty 12/24/2010 MCI - 0000295 $1,977.42 (includes $500 Deductible) $1,477.42 $500.00 AFA Claim Services is the claims administrator for Nations Insurance Company. Enclosed please find our subrogation demand. We have completed our investigation of this loss and found that City of Baldwin Park is legally responsible for the damages to our insured's vehicle. We have paid our insured for his damages and are requesting reimbursement. Please issue a settlement check, made payable to "Nations Insurance" in the amount of $1,977.42 and forward it to the above address. If you have any questions, or require any additional documentation, please feel free to contact the undersigned at the number listed above. Sincerely, Jeff Bautista Subrogation Representative On Behalf of Nations Insurance Company Encl.: Supporting Docs Nations Insurance G' nan}' CIQ ArA Claim( s, Inc Motor Club Chill...3ecount P.O. Box 4079 Cerritos, CA 90703 Ph: (S62) 252 -3434 Fax: (562) 865 -2900 PAY One Thousand Four Hundred Seventy -Seven and 421100 Dollars TO THE Coah Craft & Crystal Harty ORDER OF 1401 S Mertyl Ave Monrovia, CA 91016 WELLS TARO` 1ANK, N.A. 001194 ', ? MEMO: COLLISION SETTLEMENT FOR 1995 ACURA INTEGRA LESS $500 DIED MCI -295 01/24/2011 $1 ,477.42 NATIONS INSURANCE COMPANY CIO AFA CLAIM SERVICES, ING Motor Club Claim Account VOID AFTER N DAYS ii'00JLWill 1.42200024`1: 278333999311' �KVFRSE SIRE- OF.TF'.iE- nc'� Li F_01' !''S -, OAVF A14 Amlt w_L A, _`:r:'- p }LMTCSCiF{R,F't3: rN35 P }c�E�,..iS�`..T�uisTlCFI; �'Rt 1'CCTi~ %: -- NATIONS INSURANCE COMPANY CIO AFA Claim Services, Inc 001194 Claim Number MCI - 0000295 Payment Type Collision -Loss Payment Date 01/24/2011 Payment Amount $1,477.42 Vehicle Year 1995 Make and Model Acura Integra V.I.N. Payee Name: Coah Craft & Crystal Harty Address: 1401 S Mertyl Ave City /StatelZip: Monrovia, CA 91016 COLLISION SETTLEMENT FOR 1995 ACURA 1NTEGRA LESS $500 t7ED MC] -295 Payable Comment NATIONS INSURANCE COMPANY CIO AFA Claim Services, Inc Claim Number Payment Type Payment Date Payment Amount Make and Model V.I.N. Payee Name., Address: CitylStatelZlp: Payable Comment 0 SUPERIOR PRESS • (088) 590.7998 J81342143 MCI- 0000295 Collision -Loss 01/24/2011 $1,477.42 Acura Integra Coah Craft & Crystal Harty 1401 S Mertyl Ave Monrovia, CA 91016 COLLISION SETTLEMENT FOR 1995 ACURA 1NTEGRA LESS $500 DIED MCI-295 001194 Insured /Owner Information Insured CRYSTAL HARTY Owner Address Line 1 Address Line 2 City State Zip Phones Phone2 Fax Email Inspection location Information Inspection Location Address Line 1 Address Line 2 City State Zip Phones Phone2 Fax Contact Name Contact Email Claim Information Claim No MCI -295 Claimant No Annie Hermosillo Policy No NMC1006613 Loss Type Collision Deductible $OAO Miscellaneous Insurance Company Information Repair Facility Information Company Type ID Annie Hermosillo Company Number q/A AUTO BODY &PAINT Company Name AFA Claim Services Address Line i PO Box 4079 Address line 2 11134 Rush Street City Cerritos State Zip CA 90703 Phone (562) 252 -3434 Fax (562) 865 -2800 Company Email CA 91733 Contact Name CA 91733 Contact Title (626) 442 -3312 Contact Phone (626) 442 -3312 Contact Email (6526) 442-9367 Notes ` RIGHT FRONT FENDER, RIGHT FRONT DOOR RIGHT Comments FRONT FENDER, PER INSURED DOOR NOT STICKING WHEN OPENING. Adjuster Information Name Ingrid Chavez Company AFA Claim Services Address Line 1 Address Line 2 City State Zip Work Phone Fax Email Ing rld.chavez @afaclaims.com Appraiser Information Repair Facility Information Written By Annie Hermosillo ID Code Facility q/A AUTO BODY &PAINT Company ID Code Company Name B5 A & A Auto Body and Paint Address Line 1 11134 RUSH ST Address Line 1 11134 Rush Street Address Line 2 Address Line 2 Condition City SO. EL MONTE City South El Monte State Zip CA 91733 State Zip CA 91733 Phonel (626) 442 -3312 Phones (626) 442 -3312 Phone2 Fax (6526) 442-9367 Phone2 Fax (626) 442 -9367 Fed Tax ID 02- 0656329 Email aaautobodypalnt @yahoo.com License No CAL000270273 License No Bar No AD227323 File No Contact Name Contact Email aaautobodypaint @yahoo.com Estimate Information Estimating Mitchell Platform Est Sw Version UM7.0 Est Sw Unique File ID Est Sw Supplements No Est Sw Transation S Type Est Sw Committed Committed Status PC Supplement No 256 Vehicle Information Calendar of Events Loss Date 12/2412010 Assignment 1/07/2011 Inspection 1/18/2011 Est Sw Created 1/07/2011 PC Created 1/18120114:27:55 PM Database Code 914703 Model Integra Paint Tone Paint Stage License Plate No 3NRF158 Type Body Style PC 2D Cpe Paint Code s License Plate State VIN CA 3H4DC4451SS036789 Trim Code Paint Code 2 Condition FR Trim Color Paint Code 3 Primary Point of Production Date 6/1995. Molding Code Impact Year 1995 Engine Make Code 1 Mileage 201241 Secondary Points http : / /www.processelaims,c©n,tIweb /clients/ generic /EstimateForin.aspx ?doeid= 35329400 &... 1/18/2011 Estimate Page 2 of 3 Make Description Acura Color WHITE of Impact Equipment Options Passenger Airbag, Driver Side Airbag, Power Lock, Power Window, Power steering, Rear Window defogger, Manual Air Condition, Cruise Control, Tilt Steering Column, sunroof (Power), Anti -Lock Brake Sys., Automatic Transmission, Cassette Player 6.60 38.00 250.80 0.00 0.00 250.80 Reflnish S1 11.90 36.00 Line Items 0.00 452.20 Total Line Ver Operation Part Description OEM /Vendor Qty Price Ext Part Adj °/n Part Labor Adj Units Labor system Type Notes # Material Type Part Number Hazardous 5.00 5.00 5.00 5.00 - 5.00 Waste Paint 11.90 21.63 245.50 9999.99 257.40 Amt 1 S1 R &R LKQ R Replace Fender 1125.OD T 125.00 25.00 1.2 Body 2 S1 Refinish R Fender Assy 2.0 Reflnish 3 S1 Reflnish R Add To Edge Fender 0.5 Reflnish 4 St Line Markup %20.00 5 S1 R &R LKQ R Frt Replace Door Assy 1 2D0.00 T 200.40 40.00 3�0 Body 1.7 Refinish 6 S1 Refinish R Frt Door R Frt Add For lambs & 1.0 Reflnish 7 SI Refinish Interior 8 Sl Line Markup %20,00 * ** END OF ATG 9 SECTION * ** 10 S1 Blend Hood Outside 1.0 Reflnish 11 S1 Blend Add For Hood Underside 0.6 Refinish 12 SI R &R OEM R Fender Skirt 74101 -ST7 -000 1 76.80 T 76.80 0.4 BAY 13 S1 Blend R Quarter Panel Outside 1.0 Reflnish 14 S1 Remove /Install R Rear Combination Lamp 0.4 Body 15 S1 Remove /Install Rear Bumper Assy 0.6 Body 16 S1 Addl Ops Clear Coat 2Q_1 Refinish 17 Si Addl Ops TINT COLOR Q_5 18 S1 Addl Ops FINISH SAND & BUFF 2 Reflnish ini 19 Sl Addl Ops Other MASK FOR OVERSPRAY 1 1000 10.00 0_5 Body 20 S1 R&R OEM ft wheel Drag w_ heel New 1 107.00 T 107.00 21 S1 R &R OEM ear wheel - Dra wheel New 1 107.00 T 107.00 22 Si American Tire 23 S1 R&.R OEM frt tire BF Goodric New i 9- j.00T 91.00 24 Sl R&R OEM rear tire - BF Goodrich New 1 91.00 T 91.00 25 S1 American Tire 26 S1 Addl Labor Sublet mount. & balance 2 fire . 1 30.00 30.00 27 S1 Paint /Materials Hazardous Waste 2$ Si Disposal Summary Type Supp Units / Rate Other Misc Base Markup Discount Grass Tax Rate Totals Amt Parts OEM LKQ Other T Total: Pa its 472.80 0.00 325.00 65.00 10.00 0.00 0.00 472.80 9.7500% 0.00 390.00 9.7500% 0.00 10.00 - 807.80 65.00 0.00 872.80 - 872.80 Labor Body 51 6.60 38.00 250.80 0.00 0.00 250.80 Reflnish S1 11.90 36.00 452.20 0.00 0.00 452.20 Total _ 703.00 0.00 0.00 703.00 - 70100 Labor Material Hazardous 5.00 5.00 5.00 5.00 - 5.00 Waste Paint 11.90 21.63 245.50 9999.99 257.40 - 257.40. 9.7500% littp. / /www.processelaims .con- dweblelientslgener iciE§timateForm. aspx ?docid= 35329400 &... 1118/2011 Estimate Total - Material Sublet Sublet .Total - Sublet Other Charges Total Wage 3 of -i - 250.50 - 262.40 0.00 0.00 262.40 - 262.40 - - 30.00 0.00 0.00 30.00 - - 30.00 0.00 0.00 30.00 - 30.00 Other - - Charges Taxes Safes Tax 1120.20 9.7500% - Total 0.00 0.00 - 0.00 109.22 - 1.09,22 109.22 0100 0.00 109.22 - 109.22 1977.4' 314.00 1663.x}2 Charges At- A- Glance Estimate has no charges. Vendor Info Estimate has no relevant vendor Information. soo.00 1g77.42 http:// www. processelaitns .comINveblelientsl generic lEstimateForm.aspx ?docid =3 S 329400 &... 1/18/2011 Taxes Estimate Tota I s Estimate Total Previous Total Current Supplement Customer Pay Deductible Related Prior Damage Appearance Allowance Betterment Customer Total Insurance Pay Insurance Pay 0.00 0.00 - 0.00 109.22 - 1.09,22 109.22 0100 0.00 109.22 - 109.22 1977.4' 314.00 1663.x}2 Charges At- A- Glance Estimate has no charges. Vendor Info Estimate has no relevant vendor Information. soo.00 1g77.42 http:// www. processelaitns .comINveblelientsl generic lEstimateForm.aspx ?docid =3 S 329400 &... 1/18/2011 re `. .:ITY OF BALDWIN PARK BAl DW[t�f CLAIM FOR DAMAGES Y, .A-R- K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. I JA 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. s'3 f: I 3. THIS FORM ]MUST BE SIGNED. � ", . � 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING JAN e CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 91.1.2) PARR ! 2.5 Pill � k � f t ,� C erftolal Oiling Stamp e ALL OTHER CLAIMS FOR DAMAGES MUST I3H FILED NOT LATER THAN ONE YEAR AFTER THE CITY OP 3ALD110N PARK OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 GI` I/ CLERK'S DEPART It IF_�)T TO: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant 7 5, Claimant's Occupation S ettol (-i -V A -4 1 � �,- - - 2. Home Address of Claimant r _ 6. =Telephone e Telephone Number 3. Business Address of Claimant ('7 Q 6 7, Business Telephone Number 8. Name and address to which you desire notices or comm nications S e m cc-r, 6k o ! m mo�z� 4 9. When did DAMAGE or INJURY occur' ? 10 Date: Ot - a_3 - R0 1t Time; 10 I 3 If claim is for Equitable Indemnity, give date claimant served with complaint: Where did DAMAGE or INJURY occur? 12. Describe in detail how the DAMAGE or INJURY occurred. 13. Wore police or paramedics called? Yes © No �IN If yes, was a report filed? Yes E] No If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? Pay- /o� �sca� r V 1465 15. List damages incurred to date? to be sent r garding this claim: dd. - eafk [-,- "?f766 Names of any City employees involved Name INJURY or I Department 14. If physician was visited due to injury, include date of first visit and physician's name, address and phone number: (Please be specific - Use additional sheet if necessary) de Cos sc, -r V sects V• &- 7 Uc-- Cay?cC- (�l �( 16. Total amount of claim to date: $ 7 + Basis for Computation: Limited *Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount shail be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ W 7 Q , ° Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Ci �Q�-! Rcs i Z Address Phori6 Name R o b L °U nZCl e � Address 6 3 lh�yiko -y z ST15- , Pq-07606 Phon 19, Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I hereby cerh1y (o decta e) tender penalty of perjury under the laves of the state of California Thal the foregoing is true and correct to the best of my knowledge, e A-A Signature V Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) r Ilse l_. ire .•.I..r:s•,.i:I „'.:•.z.r'r•,;, ;.3° S i Fr,r, a li.,.;. 1v .r:; 3s F,n, Cn I''— 7. n. 1:•, ,r.:ITY OF BAL ©W!N PA�K 6 noo BALDWIN �(�� CLAIM FOR DAMAGES cop TO PERSON OR PROPERTY INSTRUCTIONS 1 . REEAD CLAIM THOROUGHLY. 2. FIL -LOUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL_ DETAILS. 1 TH i5 FORM MUST BE SIGNED, 4. De UVERORMAiL TO: OFFICE OF THE CITY CLEW, 14403 E. PACIFIC AVE., BALDININ PARK, CA 91706 WARNING • CLAMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOTLATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 9112) • ALL OTHER CLAIMS FOR DAMAGES MUST 13E FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE, (GOVERNMENT CODE SECTION 911.2 Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 12 ~ 7,-3-5U 1. Name of Clairna 5, Claimant's Occupation 2 vt l CE 2. Home Address of Claimant N a r��► -row c� �3 P �I 6. Home Teleph ne Number 2 3. Business Address of Claimant 7. Business Telephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim; !� -� rn cE a a 1 y # mc"Icj St 9. When did DAMAGE or INJURY occur? Date: 01 ` 23 —2011 Time: 10 , 23 10. Names of any Ci employees involved in INJURY or DAMAGE: Name If clairn is for Equitable Indemnity, give date claimant Department served with complaint: 11. Where did DAMAGE or INJURY occur? 12. Describe in detail how the DAMAGE or INJURY occurred. 13. Were police or paramedics called? Yes © No x 14. if physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes © No name, address and phone number: €f yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specifc -- Use additional sheet if necessary) i /UEE Mt ACHW 15. List damages incurred to date? 16. Total amount of claim to date: Basis for Computation: Limited Civil Case: [❑ Yes ❑ No (State the amountof your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ u12 • —'" Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name MA►-? Rrif q ui Z Address Phona5VZ -Nu -ull5 Name O-6 -Mh & Vt 1 Address3l03 'ial�}m r S �•� R1�bV phon lA �n-o 19, Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: t hereby certify (or declare) under penalty of perjury under the taws of the state of callfomfa that the foregofng is true and correct to the best of my knov4edga. p12i ;rll1 0511 c.� S'��� 3Ern�cc ArtEA� Signat a Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7108) .... 5 > F. ,uor �1.+r.� vn,m C7:i a..,•7 �5.dc• CLAIMS FOR DAMAGES (Translated to English) ANSWER TO #14 Arteaga, Berenice DOL: 01/23/2011 Due to the high service cots, I had to borrow the money. I had to pay an extra day for the car pound because I did not have the money available until today, Tuesday. My friend, with her good heart lent me the car-thinking that her daughter was paying the required fees. When the towing truck arrived at the house, I was surprised to find out that the car was under the non - operating plan. Since last June, I have been unemployed and that's precisely the reason why she had lent me the car so that I can find a job quicker. I have lived in this City for more than 27 years, I consider my self an honorable citizen, and hope to have a little consideration in this bashful case. I accept my fault for not double- checking the car's condition and trusting that my friend, who also is an honorable person,'would not lend me the car if she had known the car's condition. In advance, I thank you for giving me the opportunity for expressing my reasons. Sincerely, Berenice Arteaga Shameful Bashful 0 1 ROYAL COACHES AUTO BODY PM 14827 RAMONA BLUD 01 BALDWIN PARR, CA., 91706 626 -- 960 --1824 Terminal—ID: 78 002099000$000072614001. Merchant�I 80000 ?2614 ..0.......... n 01/25/2011 14:32:36 S-st1�. Transaction h 3 Card Type; Uisa Acc; # # #* #3$91 Exp, Date: /# Entry: Swiped Invoice # 3675 nmount: loo. nn Reference No.: -903- Auth.Code: 043617 Response: APPROUAL Response Code: AA312 INVOICE #: 50326 RELEASE INVOICE ROYAL COACHES AUTO BODY & TOW 1.4827 RAMONA BLVD Baldwin Park CA 91706 (626) 9601824 Bus.# CA87519 Q TAO {LICEINSEWO.: STATE: V-ft DATE;TOVIEO and STORED 'MAETOVIED: kY 4BLW995 CA UNKNOWN 01/23/11 TOWED FRMr- EMPLOYEEM TIME: @DISPATCH On LOCATION ®COMFLETION HAMMOND X DART 119 9:23 AM 10;23 AM .%Mff. ._ .. .. I .-_ IClDRY UM. V9rM5 MILES IODOe @DISP. On LOCATEON COMPLETION CA87519 109278 HOLD REFERENCE 6: IMZF:0: ReL A utiL 50326 CUSTOMER COPY VFORMATION TOWing Charge(s) 185.00 Mileage Hourly 185.00 Dollies Labor Stand -by Payout Special _ Misc Tolls Storage First Day 50.00 Days in Storage 3 Storage Daily Rate 50.00 Storage 150.00 After Hours Release Title Search Lien Sale TOTAL 335,00 Amount Tendered 335.00 Change How Paid: 1 0 =NIA 1 =Cash 2= Credit Card 3= Charge A/R 4 =Check Check* Note /Action: BPPD Note /Action Date: Comment: Upon request you are entitled to a copy of the Towing Fees and Access Notice x (SIGNATURE of Person Redeeming This Vehicle) "Disclaimer" By accepting this unit and signing above, you acknowledge that you are legally authorized & entitled to the possession of this vehicle and that the vehicle has NO DAMAGES, including but not limited to Body Damage or Mechanical Damage unless reported to our driver at the time of delivery and noted on this document. Failure to so report constitutes a WAIVER of any subsequent claim for the same against. ROYAL COACHES AUTO BODY & TOW CO,PYR" 0 M1�271 f DATGNStaa I Ph-Sol EF4re rq STATE OF CA!(FORNIA cg DEPARTMENT OF CALIFORNIA HIGHWAY PATROL I NOTE: CHP 180 IS FURNISHED TO ALL PEACE VEHICLE REPORT OFFICERS BY THE CALIFORNIA MGHWAY PATROL CHP 180 (Rev. 06 -09) OPI 063 REPORTING DEPARTMENT LOCATION CODE DATE) TIME OF REPORT NOTICE OF STORED VEHICLE FILE NO. p,A-l<T>sa)]I-.I PpRk �� I�t) Is. [ �3 ` (` �I DELIVERED PERSONALLY ❑ �2i } v 2t� J t LOCATION TOWED I STOLEN FROM ODOMRTER READING VIN CLEAR IN SVS?yES [j NO DATE I TIME DISPATCH NOTIFIED PA r w Li C. CLEAR INSVS ?P--2fyES L] NO L ILOGNO. YEAR MAKE MODEL BODY TYPE COLOR LICENSE NO, ❑ ONE °r MONTH I YEAR STATE (7 95 I S V U -TP- D e P �' C� !' t t r31 v�! 5 M rwo VEHICLE IDENTIFICATION NO. ENGINE NO, VALUATION BY MOFFICER ❑OWNER q { N c -r- J 5 O C -I : - !� 6� ❑ 0.300 ❑ 30i -4000 ❑ 4001 + ❑ $ L1 F REGISTERED OWNER LEGAL OWNER TOWED TOI STORED AT -.(4 -i b AIRBAG? LZ,JSAME AS RIO DRIVEABLE? FdUr1i� ARv VINSWITCHED7 / �� ZLP� - J {s - � (J 'C 'YES " ❑ NO ❑ 1 2 ❑YES - - -- ❑ NO " ❑'JUNK- -- INK ❑YES [R NO" y YES NO ITEMS YES 04 17!12- ITEMS YES L MS YES NO TIRES I WHEELS STORED WRECKED ❑ IMPOUNDED ❑ RELEASED ❑ RECOVERED - VEHICLEICOMPONENT TOWING 1 STORAGE CONCERN (NAME, ADDRESS, PHONE) STORAGE AUTHORITY REASON FXi' I'Z— 10 TOWED TOI STORED AT -.(4 -i b AIRBAG? ft1 Dv -r•,rf DRIVEABLE? FdUr1i� ARv VINSWITCHED7 / �� ZLP� - J {s - � (J 'C 'YES " ❑ NO ❑ 1 2 ❑YES - - -- ❑ NO " ❑'JUNK- -- INK ❑YES [R NO" CONDITION YES NO ITEMS YES NO ITEMS YES NO MS YES NO TIRES I WHEELS CONDITION WRECKED _ SEAT (FROTiT) REGISTRATION LEFT FRONT BURNED HULK per 431(c) VC SEAT (RLAR) ALT. I GENERATOR f FVESSE S LOAD RIGHT FRON T VANDALIZED RADIO BATTERY S LEFT REAR 1S ENG./TRANS, STRIP TAPE DECK DIFFERENTIAL OTHER RIGHT REAR MISC. PARTS STRIP TAPES TRANSMTSS1ON � SPARE BODY METAL STRIP OTHER RADIO AUTOMATIC A HUBCAP SURGICAL STRIP per 431(6) VC IGNITION KEY - MANUAL SPECIAL WHEELS RELEA HICLE TO: R 0 OR A ❑ AGENCY HOLD ❑ 22850.3 VC Kul 4ARA W1,HE E CLE (SIGNATURE) GATE 1 TIME NAME OF PERSO AGENCY AUTHORI KG RELEASE LD, NO. DATE NDERSIG NED, DO EREBY CERTIFY THAT I NA LEGALLY AU7HORlXED AND ENTITLED TO TAKE POS5ESSSON OF THE ABOVE DESCRIBED VEHICLE.. --� SIGNATURE OF SON AUTHOR i NG REL SE TU _ F PERSON THING SS SIOt Aw G— G ❑ N VEHICLE I COMPONENT ❑ EMBEZZLED VEHICLE Ll PL E(S) REPORT DATE! TIM OCCURRENCE DATE I TIME REPORTED NAME OF REPORTING PARTY (RIP) DRIVER LICENSE NO./ STATE LAST DRIVER OF VEHICLE DATE I TIME ADDRESS OF RIP /TELEPHONE OF RIP - l f I CERTIFY OR DECLARE UNOER PENALTY OF PERJURY UNDER THE LAWS OF SIGNATURE OF PERSON MAKING REPORT THE STATE. OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. REMARKS [LIST PROPERTY. TOOLS, VEHICLE DAMAGE, ARRESTS] DRIVER'S NAi,1E ARRESTED /SECTION? REPORTED BY CARGO !TYPE? VALUE $ ❑ YES ❑ NO ❑YES ❑ NO 11-1 BILL OF LADING ATTACHED 0t-d M _ -.(4 -i b -r Ovqcf 1-}D{I .- K j:- ft1 Dv -r•,rf t{1CL S FdUr1i� ARv 1 R brtJ Lf-J ZrtF L]' 1r r iti IE (T A'r'n1,i -To L r- rXP! firma %„S Qi= G-1' /A. _F' 1C Nfe I - P_ Ls S r� V . Si=c � • SIGNATURE OF OFFICER IAKINIi HI-FUKI DATE OTIFIED cl SO_C06.irp CITY OF BALDWIN PARK 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 ,1pt: 15449 °afar; Patty O 3/2011 2.03;40 PM [CLE RELEASE Fotal i i DUB 1 ige DUB HAVE A NICE DAY 3 $144.24 $144.24 $0.00 $144.24 $145.25 $1,01 4 CITY OF �41LDVVINYNRK p ; 14403 acifj &A'7e u C zc NOl Baldwin Park, CAA 1Y66ff,, r� 917G-6 ; , arf02�}`g60 -4011 1/2 -5e2111'F9' '6Ti01 tjE11jt:E -4 {:i.I EA DATE AT IU44.21 FEE. 2. jz FEE > r ToUl —rite— {{ Vd i s yi RECEIVED FROM fat i -�'T4� L!s' -,I / yy 1 Y a( a,, /71 1.•3aa Ek��{{ ����{�+ I S %dt/ pa /fie PURPOSE V I I — d EO W ISSUED BY THIS RECEIPT WHEN VALIDATED BECOMES A PART OF THE RECORDS OF THE CITY OF BALDWIN PARK 4 Fill R114 CITY OF BALDWIN PARK BAlbbWIN CLAIM FOR DAMAGES F- A K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST 13E SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., 13ALDWIN PARK, CA 91766 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST SE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911,2 • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) FEB - 7 201 CITY OF 3AL.{3rl -01 OASK (a'I'ry CLERK'S UEPARTAA K( Clerk's Official Filing Stamp TO: City of Baldwin Park 4. Claimant's Date of Bl �if minor) 1. Name of Claimant `` 5. Claimant's Qccupatio 2. Home Address of Claimant `�i 1� NFL ,uo 6. Home Telephone umber �r 3. Business Address of Claimant �} (_,f cjl-;,16 I 7. 6usines .Tel phone Number . — �- 8. Name and address to which you desire notices or communications to be sent regarding this claim, } L C > ' C ('� o �,(�jtJ1�� 7�It � �.. 11 l� LU. ha G Aix G VC-6 tU , (()v1 pt �J t I7 9. When did AMAG or INJURY occur? Date: � '7' �G Time: � � �� 10, Names of any City employees involved in INJURY or DAMAGE: Name � epariment If claim is for Equitable Indemnity, give date claimant IV/'�� ��� il�rr V✓� served with complaint: , fA rn 11. Where did DAMAGE or INJURY occur? pt e4. u? 12. D scribJQ] in d'ettail how the DA G/I E or INJURY occurred. f U��t; �t�/ts' iC J ff' 41 �1. 13. Were police or paramedics called? Yes 91 No © 14. If ph sician was visited due to injury, include date of lrst visit and physician's name, address and phone number: If yes, was a report filed? Yes �'No © If yes, what is the Report No? ", a ' 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) 15. List da ages i curred to ate? n { 16. Total amount of claim to d e: $_J 'S.C.f1 Basis for Computation: Limited Civil Case: ❑ Yes No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $2 �ri t �;r,,� 3asis for Computation: W1 i 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name '' Cf �y�' ►� i — ddress Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf, relationship to claimant and date: 1 herebycedify(ordeclare) under naVotpe jugunoerfhe laws offhe state ofCafrfarda that the fofegoOg is trueand cared to the best ofmy knalvledge. of �4,6 �,,b rf T/ \ 4 IF nature Relatlons to Claimant Printed Name Date Note. Presentation of a false claim is a felony (Penal Code Section 72) CC Farm 1 (Rev 7106) F tIySEPoJg�• gpd.^ V.d�WSU�o;`.€ha:ei�vs S Foi—'I - to, O?Tgg F—+ CC Rev706,du �Vv rr � ' CITY OF BALDWIN PARK 1�A1 Dwt N CLAIM FOR DAMAGES P • A , K • K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM FAUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 1,4403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRE=NCE. (GOVERNMENT CODE; SECTION 911.2) To: City of Baldwin Park 1. Name of Claimant 2, Home Address of Claimant 13-511 S+. ctrl i n 3. Business Address of Clair-Kant B. Name and address to which you desire notices or communic %a rl 1 ; of 13 3 1 Tr e« y S -f- 9. When did DAMAGE or INJURY occur? Date: 3 i I Time: t If claim Is for tquitable Indemnity, give date claimant served with complaint: Where did DAMAGE or IN T- w "V Describe in detail how the occur? or INJURY occurred. 13, Were police or paramedics called? Yes IJ If yes, was a report filed? Yes If yes, what is the Report No? I V FE D FEB - 3 2011 CITY OF 3Atr7+VJN1 raASK CITY CLERK'S P t-?i'I1 E jf Clerk's �ic al Filing Stamp 4. Claimant's Date of Birth (if a 5. Claimant's Occupation 6, Home Telephone Number CCt� Qi7e� �,2� -� ZS1-�37Z 7, Business Telephone. Number ns to be sent regarding this claim: 10. Names of any City employees involved in INJURY or DAMAGE: Name Department 1I P 0�,r ��e�ssand G�'No ; ed due to injuryinclude No phone number; of first visit and physician's 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) �tcr�os� �-t.e e�r��#r� -ems :.�.us w�rl`�n� ��,� E�e�rP .{-t.c �� ;ci and ..ft,un �„�k�� .fir (e•i✓F - �1,.toe w��s �t Cv a o C �n Alm ��.s'c�cl [ 01 •f Co,'M1 i t et- -�'Ixe t,rb c :k o A v e u< fi d l2 15. List damages incurred to date? Loh ey` WU (1.,t' ue-VI A-ui 0 U:� t! w 16. Total mount of claim to date: $ �U '� Basis for Computation: Limited Civil Case; ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000),) 17. Total amount of prospective damages: $ 1 5 N . Basis for Computation_ 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Phone 6 26 5v 2.- 3 Z its Name _� Rddress i T�c.G S Phone 5 a 2 ° 3 2-o 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: 1 hereby certify (or doclare) underpenalty ofpe6ury under the lays of the state of California That the foregoing is true and correct fo the best of my knoviledge. do w 4 Si nature Relationship to Claimant Printed Name [late Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) -. F.n,sCl,.n SOr.rm• n.: VIrR, -1 F...- 7,Mdr: ►4 BALDWIN P - A °R•K TO: FROM: DATE: CITY COUNCIL AGENDA FEB 16 ITEM N0. CITY OF BALDWIN PARK STAFF REPORT CONSENT CALENDAR Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community Development Man February 16, 2011 SUBJECT: Urban Land Institute Selection of the Baldwin Park Civic Center Opportunity Site as a recipient of a Transit - Oriented Development Technical Assistance Panel PURPOSE The purpose of this report is to provide the City Council with an update on the progress of the City's designation as an Urban Land Institute (ULI) Transit - Oriented Development (TOD) Technical Advisory Panel (TAP) recipient and seek approval of an appropriation in the amount of $15,000 for participation in the ULI TOD TAP process. BACKGROU ND/DISCUSS ION In October 2010, the Council directed Staff to submit an application to the ULI for a TOD (TAP). As directed, Staff reviewed the application and submitted the eleven (11) acre Civic Center Opportunity Site to ULI for consideration (reference Attachment #1). Staff selected this site in part because of its unique challenges, but also it's opportunity for future development. Nine (9) Applicant sites were submitted to the ULI for consideration of a TAP, and Baldwin Park, along. with the cities of Inglewood, Santa Monica, and Compton were chosen to receive a TAP this year, Two of the cities, Santa Monica and Inglewood have rail stations proposed along the Expo Light Rail Line and Crenshaw /LAX Light Rail line, respectively. Compton's project area is located along the Blue Line. Staff attended a preparation meeting with ULI and members of our TAP on January 20, 2011. City Staff, ULI Staff and TAP members refined the scope of work, were provided an overview of the TAP process and schedule, discussed what should be included in the briefing book and briefly discussed the TAP workshop to be held at the City. On Friday, January 28th, staff attended ULI's TOD Summit kick off event for 2011 held at Union Station. The City showcased its Civic Center Opportunity Site at its exhibitor table and participated on a panel discussion with the other TOD Summit TAP Awardees. This event was attended by approximately 200 ULI members including members of the development community, ULI TOD TAP Update February 16, 2011 Page 2 commercial real estate brokers, economists, and a variety of consultants (reference Attachment #2), ULI has set a date of, Thursday, March 31, 2011 to hold our one -day TAP workshop. That day, Staff will provide the TAP experts with a site specific tour and a tour of the surrounding area. The TAP experts will conduct stakeholder interviews and have the final reception and presentation that evening. Additionally, it is anticipated that the TOD Summit, which brings together all of the final reports from each TAP, will be showcased at the TOD Summit in June, 2011. FISCAL IMPACT The total cost of this program is $15,000 ($10,000 for the TAP Application and $5,000 for the event logistics) from the City's General Fund Reserve. RECOMMENDATION Staff recommends that the City Council (1) receive and file the report and (2) authorize the Finance Director to appropriate $15,000 ($10,000 for the TAP Application and $5,000 for the event logistics) for the cost of the program from the City's General Fund Reserve to account 100.40.440.51100 (Consultant Services) to participate in the Urban Land Institute's TOD TAP project. ATTACHMENTS #1, Civic Center Opportunity Site Aerial Map #2, Flyer from the TOD Summit held on Friday, January 28, 2011. REPORT PREPARED BY: Amy L. Harbin, AICP, City Planner Melecio Picazo, Senior Redevelopme t Projects Coordinator CAknylAMW0RMReporls1C0vnrT Re#orlskULE TOD TAP #2.doo ATTACHMENT #1 Civic Center opportunity Site Aerial Map CMmyV, M WORLAReporlslCouncll ReportslUL1 TOD TAP #2.doc ATTACHMENT #2 Flyer from the TOD Summit held on Friday, January 28, 2011 C:lAmy\AMYM1WORD\ReportslCounciI Reports%UU TOR TAP #2.doc KICK OFF EVENT Friday, January 28, 2011 anion station -Main concourse 9:00 AM -11:30 AM 800 North Alameda Street Los Angeles, CA 90012 Program at a Glance 9:00 AM Registration and Networking Breakfast 9:30 AM Welcoming, Katherine Aguilar- Perez, Executive Director, ULI Los Angeles 9:35 AM Keynote Address by Congressman Xavier Becerra, U.S. Representative for California's 31st Congressional District 10:00 AM Panel Discussion with the TOD Summit TAP Awardees • City of Compton Redevelopment Agency - North Downtown Region, Martin Luther King Jr. Transit Center o City of Santa Monica - Memorial Park Neighborhood • City of Baldwin Park - Civic Center Opportunity Site City of Inglewood - Florence and La Brea 10:30 AM Panel Discussion with Policy Makers 11:30 AM Closing, Borja Leon, Associate Director of Surface Transportation, Los Angeles Mayor Antonio R. Villaraigosa Representative Xavier Becerra U.S Representative for California's 31st Congressional District First elected to the U.S. House of Representatives,in 1992, Representative Xavier Becerra serves as Vice Chair of the House Democratic Caucus and is Ranking Member of the Ways and Means Subcommittee on Social Security. His committee is responsible for formulating our nation's tax, Social Security, Medicare, trade and income security laws. As Vice Chair of the Democratic Caucus, Rep. Becerra wields a strong voice in House Democratic leadership, helping to set priorities and drive the legislative decision making process. He has dedicated himself to promoting issues affecting industries critical to the economic vitality of the Southern California region such as health care, high technology, entertainment, and stimulating free, yet fair, trade. The first Latino to serve on the Ways and Means Committee, Rep. Becerra has used his position to increase opportunities for working families, to improve the Social Security program for women and minorities, to combat poverty among the working poor, and to strengthen Medicare and ensure its long -term viability. TOD Summit Kickoff Event Panel Discussions 10:00 AM Panel Discussion with the TOD Summit 2011 TAP Awardees ULI LA would like to congratulate the following Cities and Representatives for being awarded a TOD Summit 2011 Technical Assistance Panel. Join ULI LA in a discussion about these project areas and the vision these communities have for their local transit station. Panel Moderator: • Jonathan Watts, Principal, Cuningham Group Architecture Panel Speakers: • Aja grown, Project Manager, City of Compton Redevelopment Agency • Eileen Fogarty, Director of Planning and Community Development, City of Santa Monica • Amy Harbin, A1CP, City Planner, City of Baldivin Park • Mawusi Watson, Chief of Staff to the Mayor, City of Inglewood 10:30 AM Panel Discussion with Policy Makers As investment in the regional transit system continues to grow, ULI LA is seeking to find solutions to coordinate land use development and the successful implementation of TOD projects. Join ULI LA in a discussion with leading regional agencies about the importance of TOD in the region and specifically what their departmenVagency is doing on the issue. Panel Moderator: • Michael Woo, Dean, College of Environmental Design, Cat Poly Pomona Panel Speakers: • Hasan Ikhrata; Executive Director, Southern California Association of Governments (SCAG) • Michael LoGrande, Director of Planning, City of Los Angeles • Pauline Louie, Operations Specialist, U.S. Department of Housing & Urban Development • Boger Moliere, Chief, Real Property Management& Development, Los Angeles County Metropolitan Transportation Authority B10s Jonathan Watts, Principal, Cuningham Group Architecture = Mr. Watts has nearly 25 years of experience in designing, producing and managing a wide range of projects. Jonathan's experience in the past eight years has focused on urban - infill, mixed -use projects, multifamily housing and hospitality, which provides the basis for his interest in all facets of architecture and urban design. Recently, Jonathan's approach to designing within the demanding South em Cal ifomia corporate and mixed -use development market is to become aligned with client interests and understand that the end result of any design effort is to create community that is sustainable and appreciates in value over time. He has extensive experience serving and collaborating with private and public sector clients. In particular, designing workplace environments that promote a client's business objectives, support and enhance corporate culture, and provide sustainable community components are integral to Jonathan's approach. His research and commitment to balancing the program.needs . and design requirements of a project have resulted in meaningful environments that are responsive to both small and large scale issues. Eileen Fogarty, Director of Planning and Community Development, City of Santa Monica ' Ms. Fogarty has led Santa Monica's PCD department since 2006, prior to which she served as Director of Planning & Zoning for the cities of Alexandria, VA; Santa v Cruz, CA, and Annapolis, MD. Her focus has been on the development of the LUCE as a comprehensive planning tool to shape Santa Monica's future as a livable and sustainable community: An American Planning Association award winner in California, Maryland and Virginia and a former member (2003) of the Board of Directors of �,. the Urban Land Institute, Fogarty has a B.A. from the University of New Hampshire and an M.A. from Rutgers University. Aja Brown, Project Manager, Cftyof Compton Redevelopment Agency Ms. Brown is a Project Manager with the Compton Community Redevelopment Agency. Aja holds a Bachelor's Degree in Public Policy, Planning and Development and a Master's degree in Urban Planning with a concentration in Economic Development from the University of Southern California. Ms. Brown has over S years of experience . working in the field of community economic development and urban planning. As Redevelopment Project Manager, Ms. Brpwn has effectively negotiated property acquisitions, coordinated environmental site assessments and assumed a lead role in the creation of policies to strengthen economic development and revitalization efforts in the City of Compton. Complementary to Aja's analytic strengths, her marketing and branding skill sets have added value to the Agency's efforts in rsbranding the 'New Compton,' lending her capacity to the creation of various public relation, marketing materials, and community initiatives. Aja is a member of the Community , Redevelopment Association, American Planning Association, International Council of Shopping Centers, and Urban land Institute's Young Leaders Group. Ms. Brown has also served a term as a Planning Commissioner for the City of Pasadena, resigning in 2009 to join the Redevelopment Agency, focusing her efforts on the exciting challenge of revitalizing the emergent City of Compton. Amy Harbin, AICP, City Planner, City ofBaldwin Park Ms. Harbin is the City Planner for the City of Baldwin Park inhere she has worked for the last 20 years. She received a B5 degree in Regional Development from The University of.Arfzona and is a member of the American Institute of Certified Planners. She is also very active on the San Gabriel Valley Council of Governments where she provides assistance and resources in addressing pertinent regional and local issues such as climate change; environmental studies; transportation, and,land use [a addition she currently manages the adoption of a new General Plan; Zoning Code and Design Guidelines, Amy has served as..Project Manager on several large scale complex development pro1ects including a nowWalMart, Home Depot, and several affordable family senior housing prolects. Mawusi Watson, Chief of Staff to the Mayor, City of Inglewood Ms. Mavrusi Khadija Watson is the Executive Assistant to the City Administrator. She has facilitated the completion of important projects such as the City of Inglewood's enrollment into the Proposition 1A Securitizatien Program (which prevented the State from taking $1.6 million dollars from the City of Inglewood's general fund), strongly involved in the coordination of the City's efforts to send an All- America City Delegation, which ultimately resulted in the City retaining its designation, and the development of the CitiStat Inglewood System that ensures accountability, reliability and productivity of City's workforce. Ms. Watson has been with the City of Inglewood since July 2008. Michael Woo, Dean, College of Environmental Design, Cal Poly Pomona Mr. Woo brings a unique background in public service, community involvement, and urban planning to his role as Dean of the College of Environmental Design. He eras the first trained urban planner and the first Asian'American elected to serve on the Los Angeles City Council. Representing a diverse constituency of 235,000 people fn Hollywood and surrounding neighborhoods, Woo spearheaded the Hollywood Redevelopment Plan which laid the groundwork for Hollywood's current revitalization; played a key role in choosing the route and station locations of the Metro Red Line subway; and made decisions on numerous development proposals and neighborhood controversies. He gave up his Council seat after eight years to become one of 24 candidates for Mayor of Los Angeles in 1993, ultimately receiving 46 percent of the citywide vote and a second -place finish in the citywide run -off election. In 2005, Woo was appointed to the Los Angeles City Planning Commission. He chairs the national board of directors of Smart Growth America, the national coalition advocating compact development patterns and sustainable transportation choices; the governing board of Hollywood Presbyterian Medical Center; and the board of directors of Sustainable Economic Enterprises of Los Angeles (SEE -LA), the nonprofit organization which runs the Hollywood f=armers Market, the Iargest certified farmers market in the City of Los Angeles, which he helped to establish 19 years ago when he was a Councilman. Hasan Ikhrata, Executive Director, Southern California Association of Governments (SCAG) Mr Ikhrata has served as the Executive Director of the Southern California Association of Governments (SCAG) since January 2008. His responsibilities include implementing the policies of an 83- member Regional Council and directing day -to -day operations of the nation's largest Metropolitan Planning Organization. Mr. Ikhrata has over 25 years of public and private sector experience in Transportation Planning in the Southern California region. Prior to joining SCAG in 1994, Mr, Ikhrata worked for the Los Angeles County Metropolitan Transportation Authority (MTA) for four years. While there he developed a comprehensive Transportation Control Measure/ Transportation Demand Management program for the MTA and 88 cities in the County. While at the MTA he also developed multi -modal performance measures for use in updating the MTA Long Term Capital Plan. Mr. Ikhrata worked for the South Coast Air Quality Management District (SCAOMD) for four years managing transportation and air quality related projects. He headed the evaluation of various components of Regulation XV, the nation's first mandatory employer based trip reduction program designed to reduce commute related automobile travel. Mr, Ikhrata holds a Bachelors and a Masters degree in Civil and Industrial Engineering from Zaporozhye University in the former Soviet Union; a Masters degree in Civil Engineering from UCLA, and a PhD Candidacy in Urban Planning and Transportation from USG. Michael LoGrande, Director of Planning, City of Los Angeles Mr LoGrande is the Director of Planning for the City of Los Angeles, Department of City Planning. Mr. LoGrande was appointed by Mayor Antonio Villaraigos in August 2010. Prio to being appointed as Director of Planning, Mr. LoGrande serves as the Citys Chief Zoning Administrator where he lead the Office of Zoning Administration, which is responsible for reviewing major development projects and quasi - judicial approval as prescribed by the City Charter. The Office of Zoning Administration decides on applications such as Conditional Use Permits for alcohol and live entertainment, as well as variances and a multitude of other discretionary applications. Mr. LoGrande also led the Planning Department's public policy development unit referred to as Code Studies. His work in the Planning Department has covered a variety of critical initiatives, including the creation of the Expedited Processing Section, which was developed in 2004 and has entitled over 15,000 housing units in a full cost recovery, fast- tracked process, The Expedited Processing Section has entitled major development projects such as Grand Avenue, Concerto, 8th and Grand, Luna, Eve, Hanover, Park Fifth, the Biscuit Company Lofts, Wetherly Project, and the W Hotel. Mr. LoGrande is a native to California and holds degrees in Political Science and Public Administration from California State University, Long Beach. He is the past Chairman of the Board of Directors for the Long Beach Housing Development Company. Mr. LoGrande is a member of the American Planning Association and is involved in many community base planning groups, Patti ine Louie, Operations Specialist, U.S. Department of Housing & Urban Development Ms. Louie has served in field office management and external affairs for both the Los Angeles and the Santa Ana Offices of the U.S, Department of Housing and Urban Development. Since 1999, she has been a liaison to public and private stakeholders on housing and community development issues. She has represented HUD on several interagency federal disaster response assignments, including leading a FEMA team to conduct long range housing recovery planning in the aftermath of the hurricanes that hit Florida in 2004. Recently, she was appointed to serve on a team of Sustafnability Officers serving Region IX. Before coming to HUD, Ms. Louie worked for Keyser Marston Associates, Inc., and was a Contracts and Grants Administrator for the University of California. Ms. Louie earned Bachelor's degrees in Political Science and Geography/Environ menial. Studies and a Master's degree in Urban Planning - all from UCLA. Roger. Mollere, Chief, Real Property Management & Development, Los Angeles County Metropolitan Ransportation Authority Mr Maliere, after finishing law school in the mid -west, engaged in the private practice of law with concentration in corporate and real estate practice before moving to the West coast to serve as corporate counsel to a number of real estate and business development entities, In 1996, he joined the County of Los Angeles Department of Beaches and Harbors and for over 9 years led negotiations for the second - generation development of County-owned Marina del Rey, completing aver $1.5 billion in new leasehold public/private joint development projects, as well as overseeing leasing and development along the 31 miles of coastline managed by the County. Mr. Moliere's current position with Metro involves public/private development of Metro.awned property including the new full city block mixed -use (hotel, retail, residential) project that opened in January 2010 at Metro's Hollywood and Vine location. More than 30 further projects representing more than $5 billion in construction - investment are in various stages of construction, project solicitation and negotiation at Metro venues throughout Los Angeles County. Mr. Moliere's responsibilities also include implementation of Metro's new public - private partnership ( "PPP') program which is:lntended to attract private investment in Metro's planned transportation and highway projects. _ Borja Leon, AssociateDire.ctorofSuMace Transportation, Los Angeles Mayor Antonio R..Villarar"gosa .'.Mr. Leon is Associate Director. of Surface Transportation for Los Angeles Mayor Antonio R, Villasaigosa. He is responsible for overseeing and implementing Mayor Villaraigosa`s transportation agenda at the Los Angales Metropolitan Transportation'Authority_(MTA), providing public policy advice at the MTA Board and overseeing major Iransportation infrastructure projects..in both the City of Los Angeles and the County of Los Angele3,1rcluding. rail transit construction, highway construction, and.high speed rail. Prior to accepting his current position, Mr. Leon served as a Policy Analyst for Mayor Villaraigo.sa's office. His duties included primary liaison with the Los Angeles Department of Transportation (LADOT), which reports to the mayor under the City Charter, developing and implementing traffic congestion reduction nitialives, and analyzing varlous transportation pollcyissues. Get on Board with TOD Summit 2011 The June 2011 high profiled program promises to be an event that all individuals and organizations involved in the design, development, financing and governance of the region's future transit system and transit oriented - development will want to he present and prominently featured. Becoming a program Sponsor will be a great value to you and your organization. Last year's Summit included a keynote address by Senator Barbara Boxer and was well attended by over 400 professionals from public, private and non - profit sectors of whom participated in panel discussions on the policy, design and financing of TOD projects. ULI Los Angeles hopes to build on this success as we plan for TOD Summit 2011. To Submit Your Sponsorship FAX TO: 213.802,0790 MAIL TO: ULI Los Angeles 601 S. Figueroa Suite 500 Los Angeles, CA 90017 Please indicate your sponsorship support by checking one category. rr1; � j [ 7 ]�a�[�,5 rll y Complimentary Exhibitor Booth = °M O La Complimentary Registrations to The TOD Summit 1 j Invitation To The Private Reception on the evening prior to the event ' Advertisement In The TOD Summit 2011 Program Priority On All Publicity and Marketing for TOD Summit Opportunity to Reserve a Premium Table during the Networking Lunch �a Opportunity to Participate in the Program - ° Opportunity to host a ULI LA Meet & Greet or Brown Bag Lunch Program �,,s 4. Opportunity to Meet Privately with Featured Speakers Opportunity to Showcase Your TOD Project as a Case Study or Site Tour SPONSORSHIP I r iir $7,500 rrr $3,000 Pxclusive Sponsorship benefits are available for public agencies and nonprofit organizations. Please contact ULl LA for information at 213.542.4691 To Submit Your Sponsorship FAX TO: 213.802,0790 MAIL TO: ULI Los Angeles 601 S. Figueroa Suite 500 Los Angeles, CA 90017 Please indicate your sponsorship support by checking one category. rr1; Name: Title: Company: Address: Phone: ULI Federal Tax ID: 53059845 Entail: Fax: l BALDWIN P, A • R- K TO: FROM: DATE: CITY OF BALDWIN PARK Honorable Mayor and Councilmembers CITY COUNCIL AGENDA FEB PUBLAqZffrpAR1NG1& STAFF RE Marc Castagnola, AICP, Community Development Manag February 16, 2011 SUBJECT: An appeal of the Planning Commission's decision to deny a (1) request for consideration of a Mitigated Negative Declaration of Environmental Impact, (2) a conditional use permit for a density bonus or other incentives pursuant to Section 153.531 of the City's Municipal Code and State Law, and (3) a tentative tract map to subdivide two (2) lots into seventeen (17) lots. (Location: 3346 -3354 Vineland Avenue; Applicant: David Cook, representing DC Corporation; Case Numbers: TM -71409 and CP -780) PURPOSE This report requests the City Council consider an appeal of the Planning Commission's decision to deny the following: 1) A Mitigated Negative Declaration of Environmental Impact; and 2) A Conditional Use Permit for a density bonus or other incentives with a housing incentive agreement in accordance with Section 153.351 of the City's Municipal Code and California Government Code Section 65915; and 3) A Tentative Tract Map to subdivide two (2) lots into seventeen (17) lots for residential purposes pursuant to Section 152.07 of the City's Municipal Code. NOTICING A Notice of Availability of the Draft Negative Declaration of Environmental Impact was posted at City Hall, Esther Snyder Community Center, and Barnes Park on December 15, 2010. Notice of this public hearing was mailed to all property owners within a 300 -foot radius of the subject property on February 3, 2011 and a public hearing notice for the item was TM -71409 and CP -780 February 16, 2011 Paae 2 also posted at City Hall, the subject site, Esther Snyder Community Center and Barnes Park on February 3, 2011. ENVIRONMENTAL ASSESSMENT (CEQA) As required by the California Environmental Quality Act (CEQA), the Planning Division has completed an environmental analysis to determine what environmental impacts, if any, would be generated by the proposed project. The City has conducted an Initial Study (See Attachment #7, `Environmental Data — Draft Mitigated Negative Declaration and Initial Study') to assess the environmental impacts. The Planning Division has determined that the project will not have any significant impact on the environment, with implementation of certain mitigation measures. Therefore, a Draft Mitigated Negative Declaration of Environment Impact has been prepared pending approval by the Planning Commission (See Attachment #7, `Environmental Data — Draft Mitigated Negative Declaration and Initial Study'). BACKGROUND ON PROJECT SITE There are two (2) properties which male -up the Project Site, The Project Site's General Plan land use designation is Single - Family Residential and zone designation is R -1, Single - Family Residential, The Project Site is rectangular in shape and contains approximately 104,108 gross square feet (2,39 acres) of area; the net project site area is 66,124 square feet (1.51 acres) of area. The total Project Site area is essentially flat and is adjacent to the Big Dalton Wash. There are three (3) existing single- family dwelling units on the Project Site, which will eventually be demolished. The adjacent zoning and land uses are listed in the table below. Table 1 Adlacent Zoning & Land Use Adjacent Property Zoning -, ;Property U.se Location - North R -1 Single-Family Residential East OS Big Dalton Wash South R -1 Single-Family Residential West R -1 Single-Family Residential DISCUSSION PROJECT DESCRIPTION Floor Plan and Architectural Design of Project The project involves two properties (Los Angeles County Assessor's Numbers 8555- 021 -050 and 8555 - 021 -051) totaling approximately 104,108 square feet (2.39 acres) of C .,W pyWh9Y1WORO1ReportslCouncll ReporlslCP -780 & TM-71409 Appeal #4,doc TM-71409 and CP -780 February 16, 2011 Paae 3 land area. One property has an existing single dwelling unit which contains 3- bedrooms and 2- bathrooms and the other property has two (2) existing dwelling units with a combined total of 5- bedrooms and 2- bathrooms. The City's HdL System indicates that the existing dwelling units were constructed in 1914 and 1932, respectively, All structures located on the Project Site will be demolished and cleared for the subject project. According to the information submitted by Applicant, the Project Site has several areas of dense brush and trees. The Applicant is proposing to construct seventeen (17) single - family detached dwelling units with five (5) different floor plans each containing four (4) bedrooms and 2.5 or 3 bathrooms. All of the proposed dwelling units will be two (2) stories and have an attached two (2) car garage. Livable floor area ranges between 1,444 and 2,253 square feet with garage floor areas between 430 and 463 square feet. Total floor areas for the units range between 1,894 and 2,716 square feet. Proposed lot sizes range between 2,712 and 6,094 square feet. (See Attachment #3, `Property Characteristics'.) The Applicant is proposing to employ different designs and materials that will provide variety and aesthetic interest throughout the project. The exterior elevations of the proposed homes will have a mix of classic Spanish Mediterranean style architectural design, Design elements include a mixture of stucco - finished elevations, faux shutters, wrought iron elements, and decorative veneers. Roofing material will consist of concrete tile. Although there are five (5) different floor plans proposed, each of the proposed units has been designed to avoid a "monolithic" appearance. The exterior walls and rooflines are staggered along both the vertical and horizontal planes. The roof and wall variations, along with the subtle changes in colors, help to visually reduce the mass and bulk of the buildings. Varying materials are utilized along the front elevation to emphasize an appealing view from the public right -of -way. The project will involve the construction of six (6) foot high block walls around the perimeter of each unit to enclose the private open space areas. Any walls that are visible from the public right -of -way will be decorative block with a cap. Wall material and any treatment shall be subject to Planning Division review and approval. MATURE TREE PROTECTION /PRESERVATION (ORDINANCE 1336) On November 3, 2010, the City Council adopted Ordinance 1336 which adds provisions to the Baldwin Park Municipal Code (BPMC) relating to the protection and preservation of existing trees on public and private property within the City (see, BPMC Sections 153.565 through 153.575). Those provisions apply to all trees on public property, including trees planted in parkways and parks; trees planted on private property required by the City as a condition of approval for a particular land use entitlement or shown on a landscape drawing or plan for a project approved by the City; and mature trees on private property. Qmn y AKAWORMReporlslCoundl Reports\CP -780 & Th9 -74409 Appeal #4,doc TM -71409 and CP -780 February 16, 2011 Paae 4 According to the preliminary information submitted by the Applicant, there are nine (9) trees considered mature trees as defined by BPMC Section 153.566(A), which will be removed as part of the project. (See Attachment #4, 'Mature Tree Listing.') As a result of the proposed removal of these mature trees, the Applicant is required to submit a Substantial Tree Trimming or Tree Removal Application to the Tree Officer for review. As stated as mitigation measures in the Initial Study for this project, the Applicant shall be required to provide at a minimum twenty (20) trees that are (either a 24 -inch box or 36 -inch box minimum in size) throughout the project. (See Attachment #7, Environmental Data — Draft Mitigated Negative Declaration and Initial Study') The final number of trees required, which will be no less than twenty (20), and their final size and species type shall be determined, at the sole discretion of staff and/or the Tree Officer, during the plan check phase of the project at the conclusion of staff's review of the detailed landscaping and irrigation plan. However, any proposed trees shall be of a drought tolerant variety and compliment the overall landscaping theme of the project. CONDITIONAL USE PERMIT The Applicant is seeking a conditional use permit for development concessions or incentives in exchange for providing two (2) dwelling units for low- income households, as outlined in Section 65915 of the California Government Code. According to the Zoning Code, the low- income units shall: 1) be reasonably dispersed throughout the project, 2) the average number of bedrooms per designated dwelling unit shall be consistent with the average number of bedrooms per unit in the project and 3) be designed to harmonize architecturally with other structure and units of the project. Furthermore, the location of each affordable unit will be subject to Planning Division review and approval. For a project that does not meet density bonus conditions, thirteen (13) units would be allowed on a net project area of 66,124 square feet based on the General Plan land use designation of one dwelling unit per each 5,000 square feet. Pursuant to Government Code Section 65915(f), local Yovernments must grant a 29% density bonus for a development that includes 16% low income units plus one development incentive2. In addition to providing one development incentive, the City is also required to waive or modify development and zoning standards, including, but not limited to, the minimum lot size, side yard setbacks, and placement of public work improvements, that would otherwise inhibit the utilization of the density bonus on this site (see Government Code Section 65915(f)(3)). (Otherwise, pursuant to California Government Code Section 65915(d)(3), the Applicant may initiate judicial 1 The calculation for a density bonus is based on the number of low- income units being provided as a percentage of the number of units entitled to be built on the site. The Applicant is proposing to provide two (2) low - income units on a site which is entitled to have thirteen (13) units. This comes out to 16% (rounded up from 15.3% per 65915(f)(5)). 2 Pursuant to Government Code Section 65915(1)(1), a development incentive includes "a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards...." C:VUnyWN\WORMRegorlslCouncil ReporlslCP•780 & TM -71409 Appeal #4.doc TM -71409 and CP -780 February 16, 2011 Page 5 proceedings if the city refuses to grant a requested density bonus, incentive or concession.) Based on the percentage of density bonus required, four additional units would be permitted, making the maximum number of units that could be part of this proposed project seventeen (17) units. The proposed project provides for 17 units, 2 of which are reserved for low- income households. The development concessions proposed and accepted by staff are: lot size, lot width, countable private open space, and street side yard setbacks. All of the proposed properties are deficient in either the minimum required lot size or the minimum lot width. Three (3) properties do not meet the required private open space area and three (3) properties are deficient in a front yard or side yard setback. For specifics, see Attachment #3, `Property Characteristics'. These types of deviations are consistent with density bonus projects for affordable dwelling units. The low- income units will be incorporated into the project in a manner which would make them indistinguishable from the market -rate units provided in the project. In addition, Section 153.531 of the City's Municipal Code requires an agreement to be recorded with the Office of the County Recorder, which shall run with the land ensuring that each affordable unit will remain affordable for a minimum period of thirty (30) years. The City's Housing Authority will be responsible for reviewing proposed owners to determine their eligibility and will continue to conduct yearly evaluations thereafter. Each time ownership of an affordable unit changes, the City's Housing Authority is required to be notified. TENTATIVE TRACT MAP — TM -7 1409 The Applicant is proposing a Tentative Tract Map to subdivide the two lots into a total of seventeen (17) lots, with ten (10) lots having access from Stichman Avenue, which will be extended to serve the new dwelling units. The new Stichman Avenue right-of-way is proposed to be sixty (60) feet wide and will incorporate a sidewalk and parkway, which is consistent with the existing Stichman Avenue right -of -way. The overall radius of the proposed cul -de -sac for the extension of Stichman Avenue will be a minimum of 44 feet. The remaining seven (7) lots will have access from Vineland Avenue and a cul -de -sac bulb off of Vineland Avenue. The cul -de -sac bulb will serve four (4) units and will have a public right-of-way radius of 41.5 feet and will incorporate a sidewalk and parkway. The remaining three (3) dwelling units will have direct access from Vineland Avenue which is a fully developed public right -of -way. The Tentative Tract Map (Attachment #2, Page #1, Exhibit 'A', dated January 12, 2011) illustrates the seventeen (17) building footprints for the residential units and private yards. C:lArrry AN YMORDRepaislCoundl Reporis\CP -780 & W -71409 Appeal #4.doc TM -71409 and CP -780 February 16, 2011 Page 6 PLANNING COMMISSION MEETING -- JANUARY 12, 2011 The public hearing for the conditional use permit and tentative tract map associated with the subject project were originally scheduled for the January 12, 2011 Planning Commission meeting. However, due to a lack of a quorum of Planning Commissioners available to consider this public hearing item, the item was not opened but continued to the January 26, 2011 meeting of the Planning Commission. PLANNING COMMISSION MEETING — JANUARY 26, 2011 At the January 26, 2011 Commission meeting there were several individuals that spoke in opposition to the project on topics including, the extension of Stichman Avenue, additional traffic generation, noise, density. Extension of Stichman Avenue Several residents along Stichman Avenue expressed concern about Stichman Avenue being extended to serve the proposed single - family detached residential development. Concerns included additional traffic generated by the project. However, as Stichman Avenue currently exists, it dead ends into a six (6) foot high chain link fence and does not currently meet the City's minimum standards for a cul -de -sac street. Furthermore, as is, there is not an adequate turn - around that meets the Los Angeles County Fire Department's minimum standards. As proposed, the extension of Stichman Avenue will include parkway, sidewalk, and a cul -de -sac turnaround which meets the City's minimum development standards and the Los Angeles County Fire Department standards. According to the Initial Study for the project, there will be a net increase of fourteen (14) dwelling units which will result in a net increase of approximately 134 trips per day or 9.5 trips per dwelling unit. As the project is shown, that would be approximately, ninety - five (95) trips on Stichman Avenue and sixty -seven (67) trips on Vineland Avenue, both of which are classified Residential Streets in the Circulation Element contained in the General Plan. Pursuant to the General Plan, residential streets are a two -lane undivided road with a LOS E capacity of 16,250 vehicles per day; neither of these streets are at LOS E capacity and will not be at this capacity after the construction of the proposed project. Noise As stated in the Initial Study for the project, there will be a temporary or periodic increase in ambient noise levels related to the project, mostly during the construction phase. However, in the Initial Study, mitigation measures have been incorporated which include limits on hours and days of construction, compliance with the City's Noise Ordinance, and a requirement that any internal combustion engines used during the construction phase be operated with a muffler. There may be a minimal permanent increase in the noise levels after the project is built and occupied from the families and C:1AmyNAtA'AWORDIReporlslCounal Repor1s1CP•780 & TM -71409 Appeal A.doc TM -71409 and CP -780 February 10, 2011 Page 7 associated vehicles; however, that noise would be the similar to noise associated require approval of any entitlements. Density is accounted for in the General Plan and with a single - family project that does not For a standard detached single - family residential project within the R -1, Single- Family Residential Zone, the City's Municipal Code allows for a maximum density of 8.7 dwelling units per acre. As shown on the site plan, the proposed buildable project area is 66,124 square feet and a maximum number of thirteen (13) dwelling units may be constructed. However, the Applicant has requested a density bonus pursuant to Section 65915 of the California Government Code and Section 153.351 of the Municipal Code, which would enable the construction of a total of seventeen (17) dwelling units including two (2) dwelling units that will be made affordable for families of low income. In addition, to the density bonus, and in accordance with State Law, the Applicant has requested concessions for the production of the housing units. State Law does not specify the concessions the local government shall provide; however, those concessions have typically included reduced setbacks and open space areas. In this particular case, the Applicant has requested a concession from the minimum lot width. For a standard subdivision, the minimum lot width is fifty (50) feet for an interior lot and fifty -five (55) feet for a corner lot. The proposed width of the lots range between 35 feet and 45 feet; this is an average reduction of approximately 24% for each lot. Concern was also expressed about the side yard setback being only five (5) feet for each dwelling unit, which is ten (10) feet between dwellings. For interior lots, five (5) feet is the minimum required side yard setback as stated in Section 153.053 (E) (2) of the City's Municipal Code. Concessions have been requested to have less than the minimum street side yard setback (fifteen (15) feet) for the two (2) corner lots on Vineland Avenue. In both these instances, the Applicant is showing not less than five (5) feet. These concessions are included as part of the Applicant's density bonus package. STAFF RECOMMENDATION TO THE PLANNING COMMISSION AT THE JANUARY 26, 2010 MEETING Staff's recommendation to the Planning Commission was based on Housing Element Goal 3.0 in the General Plan, which states 'Assist in the development of housing affordable to low and moderate income households," Housing Element Policy 4.2 which states "Continue to utilize density bonus incentives to encourage market rate developments to integrate units affordable to lower income households," and California Government Code Section 65915 (d) (3) which states in part "The Applicant may initiate judicial proceedings if the city, county, or, city and county refuse to grant a requested density bonus, incentive, or concession... ". Staff must implement state law and the C:%Amy\A?,MWORDNRepDds%Cnondl RepostsIU -780 & TM -71409 Appeal #4,doc TM -71409 and CP -780 February 16, 2011 Pacie 8 City's Policies and therefore recommended the Planning Commission approve the tentative tract map and related conditional use permit. PLANNING COMMISSION ACTION Fallowing staff presentation and closing of public comments, the Planning Commission considered Staff's recommendation and, after a couple of motions failed to gather consensus, a motion was made to deny the project. That motion to deny was seconded and passed on a 3 -0 vote. CITY COUNCIL ACTION Following the Planning Commission's denial of the conditional use permit and tentative tract map, DC Corporation filed a timely appeal with the Planning Division appealing the Commission's decision to the City Council. Therefore, based on the Planning Commission's action, the City Council has the following options after the pubic hearing: (1) Uphold the Planning Commission decision to deny the project and adopt the following Resolution 2011 -007, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DENIAL OF (1) A CONDITIONAL USE PERMIT FOR A DENSITY BONUS OR OTHER INCENTIVES IN ACCORDANCE WITH SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW; AND (2) A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS FOR RESIDENTIAL PURPOSES; (LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID COOK, REPRESENTING DC CORPORATION; CASE NUMBERS: CP -780 and TM- 71409)" OR (2) Overturn the Planning Commission decision and approve the project, and adopt the following Resolution 2011 -007, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING THE PLANNING COMMISSION'S DECISION AND (1) ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (2) APPROVING A CONDITIONAL USE PERMIT FOR A DENSITY BONUS OR OTHER INCENTIVES IN ACCORDANCE WITH SECTION 153,531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW; AND (3) APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS FOR RESIDENTIAL PURPOSES; (LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID G.kAnTjAAN 1WORD5ReportsLCmnc�l Reporls\CP -780 & TM-71409 Appeal #4.doc TM -71409 and CP -780 February 16, 2011 Page 9 COOK, REPRESENTING DC CORPORATION; CASE NUMBERS: CP -780 and TM- 71409)" Pursuant to Council's adoption of either resolution, staff will prepare the requisite Resolution 2011 -007 for the Mayor's signature. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS #1, Exhibit "A ", dated January 12, 2011 #2, Vicinity Map #3, Property Characteristics Spreadsheet #4, Listing of Mature Trees at the Project Site #5, Conditions of Approval, TM- 71409, dated January 4, 2011 from the Public Works Department #6, Conditions of Approval for Subdivisions – Incorporated, dated December 15, 2010 from the Los Angeles County Fire Department. #7, Environmental Data -- Draft Mitigated Negative Declaration and Initial Study #8, Mitigation Monitoring Matrix #9, Minutes from the January 26, 2011 Planning Commission meeting #10, Findings of Fact — Tentative Tract Map and Conditional Use Permit #11, Conditions of Approval #12, Application Form and Statements Report Prepared Sy, Amy L. 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O O N Lt7 p p In in p�0 N ltj N 0 N N 0 0 N N 0 0 to 117 t(7 Ili U 0 W w .� u.) , -4 tiN O�W O7O 07 NN7(D NNOOcF W W NNIn M W r` W rD1 OCN W v "I co N 117 r r N N In S m CD 01 CD In a Yzi 0� I LU W m¢z 0 Z O N 't O O O Nen f� N nn el'O� �'r W NN OO� N�O m +I(>,O o M OD V Z co x W 00 LnOmD1 r +{ 0. 7*� VO J M W Q Q co co NOO � OLL n�"' MOJ M r-0 0 W 0~ Q. N N c� CV N N N N N N N N Itw0r-v N N orn o N N i Q r I , W O rQ M M O 1G) M O (D (D M M (D (D O M (D N M M O O O 117 (o O M M (D ID QQ �,��a��W����i��� W O Q a' N N N m N N N N N N�rnrn 7 Il 0 7 r'cD M V N7 W Q N N N €r N N r NON fV N r a� -o O 0 mM M m M oMu ' 0O] wM w M M 'o J N l0 c � N IL N N cl W LL � FzV - N O W f O N 0O 0 O o O Oo q o o O LL t OD C o F- LL d I N V) 0 0 0 0 0 0 00 0 0 0 0 ono 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T u� N � " 0 El') LC7 111 IlI'4i 41 N tti Ifi N 117 N Uj Ilj Ilj 11j m N N!. N N J � N Z pJ 3 O 00 O N CD tl'NN c0ONAN t}'N 4 inm 47 01 r Or MN i'r'�M rE� N f• r ?N N 7 O N O (O PMOO (p r ❑ W d'� V d'd' ' lE � N W f I C z m O rN M et n Dr Col. O rN M'V'[17co ti t O O J F N UU N, o Z r rr rr Q. i LL U W w IL as m� O= U V ❑ Q J W Z U) U ��p/� V / rx LW r Z v/ M❑ W ❑ W U) a 0 W a ATTACHMENT #4 LISTING OF MATURE TREES AT THE PROJECT SITE LU U w n a Q W w w LU (1 w LL' F- a U- 0 0 Z F J a w w w w a C� cr a0� a ack� 0 w w LL O ww ww tj cti N N f m c� d�- Q D w ¢w �O W 0 c°o ° ° Lb - dr (0 c°fl ce` a. w a= a w w w o 0 0 H —1 w Q 65 o V5 0 V5 0- Q� F -E E �.. a U) cn :n cn U) w z w w L o 0 a CL 0 4- o C 0 0 c -� O a Ix LU Q o <- C\l m 't LO (D t-- oa a) �- `r OU L 0 U ATTACHMENT #5 CONDITIONS OF APPROVAL, TM- 71449, DATED JANUARY 4, 2010 FROM THE PUBLIC WORKS DEPARTMENT CITY OF BALDWIN PARK CONDITIONS OF APPROVAL (TENTATIVE) 10JECT: TM 71409 Date: January 4, 2011 3346, 3350, 3352 & 3354 Vineland Ave REQUIRED? YES x0 COIAPLIEDICOMMENTS SECTION A - GENERAL REQUIREMENTS 9 Public Works a) Adhere to State of California Subdivision Map Act ✓ b) Final Map ✓ Based on field survey Closure Sheets Centerline ties Boundary monuments Dedications, Offers ofDodication, Easements Dedicate full -width Improved Street and cul -de -sac to meet City Standards (see attached) as shown on Tentative Tract flap # 71409 submitted on 11!4110. utility Easement As required by utility companies c) Prior to Final Man approval, must have all designs and plans in Section E ✓ approved by the City or relevant agency d) Prior to Final Map Approval,-must complete all conditioned off -site ✓ Must complete alt off -sites or deposit improvements or enter into a Subdivision Agreement satisfactory to the City a cash bond Engineer which would guarantee full completion of all public improvements. e) Meet Los Angeles County Fire Department Access Requirements ✓ f) Meet Los Angeles County Fire Department Water Flow Requirements ✓ 9) All contractors 1 developers must adhere to the City's C &D Ordinance, and ✓ obtain clearance for C &D on every construction permit. h) Final Title Report / Guarantee, must be submitted and updated to within 10 ✓ days of Final Map approvat SECTION B - STUDIES REQUIRED 1 Traffic Impact Study ✓ Provide warrants for stop controls on Stichman Ave and Durness St, and Vineland Ave and Durness St 2 Hydrology Study ✓ a) Submit a SWPPP to the State Water Quality Control Board b) Submit a Notice of Intent fN01) and a SUSMP Evaluation Form to the Engineering Division for review and approval. ✓ Requires willfngness to serve from all 3 Utility Availability l Sewer Capacity / Readiness -to -serve utilities SECTION C - ON SITE IMPROVEMENTS REQUIRED 1 Demolition ✓ Demo all interfering structures prior to Final Map 2 Grading ✓ Drainage system will be required for the proposed tract 3 Grading Certification ✓ Entire Site. 4 Construct on -site pavement, minimum 3 -inch AC on 4 inch CAB or 6 -inch PCC ✓ Required as part of the on compacted native soil or 4 -inch PCC per soils report Grading/Drainage Plan and prior to Certificate of Occupancy. 5 Driveway ✓ Required to meet City standards. Maste, Corddri,nns of Fppro,,al F�a� PaOc� i of 4 CITY OF BALDWIN PARK }F CONDITIONS OF APPROVAL (TENTATIVE) 'OJECT: TM 71409 Date: January 4, 2011 3345, 3350, 3352 & 3354 Vineland Ave REQUIRE07 YES NO COPAPLIED tCON1h1ENT5 SECTION D - OFF SITE IMPROVEMENTS REQUIRED 1 Utilities - Each parcel is required to have separate utilities a) Water b) Electrical c) Gas d) Telephone, Cable e) Storm Drain, Catch Basins, Culverts fJ Sanitary Server 2 Street Improvements a) Roadway Improvements b) Curb & Gutter (c/g) c) Gvrb Only d) Drive Approaches e) Wheel Chair Ramps t) Gross- Guttors ✓ underground from Stichman Ave into Land Dove'oprneot property and from Vineland Ave into Land Development property. Connection or service Connect' +on or service Connection or service Connection or service Connection or service Connection or service ✓ Provide street improvements on Stichman Ave to match existing. Repave Vineland Ave fronting the new development upto the center of Vineland Ave. g) Sidewafk h) Landscaped Medians 1) Street Trees J) Street Lights k) Traffic Signals 1) Street Striping If warranters, install stop control and paint stop bars. Instal! street sweeping signs m) Street Signage SECTION E - PLANS REQUIRED 1 Site Plan - Show Existing (Must show sufficient information beyond the property limits to appropriately propose and design improvements) a) Property lines, buifding(s) or structure(s), grades, contours, flow lines, etc. b) Adjacent public improvements ( sidewalk, curb &gutter, parkways, trees, street lights, hydrants, street pavement, cross gutters, wheel chair ramps, etc.) c) Adjacent underground & overhead utilities (gas, sewer, water, storm drains, catch basins, power poles, communication lines) 2 Site plan - Show Proposed: a) Property lines, demolition limits, proposed removals b) Buildings /structures (w/ approximate square footages), grades, contours, how floes, etc c) Public improvements interfacing with project (sidewalk, drive- approaches, curb &gutter, parkways, trees, street lights, hydrants) d) Utility connections for each property andfor building (s) e) Sufficient datailto characterize proposed land development project 3 Grading or Drainage Plan, Post Construction BMP's 4 Erosion Plan andfor Construction BMP's 5 Storm Water Mitigation Plan ✓ J ✓ ✓ ✓ r.4aste- Condiums of App offal Final Pape 2 of 4 CITY OF BALDWIN PARK CONDITIONS OF APPROVAL (TENTATIVE) 'ROJECT: TM 71409 Date: January 4, 2099 3346, 3350, 3352 & 3354 Vineland Ave REQUIRED? YES NO C014PL1EDICOFMAENTS 6 SUSMP Plan 7 Sewer Plan 8 Utility Plan a). Underground all utilities to each uniUbuilding b) Relocate interfering underground utilities c) Provide electrical power service d) Provide Sewer Lateral to property ✓ As determined by SUSMP evaluation form (see attachment for further details) ✓ Provide mainline extension on Stickman Ave. and Vineland Ave. ✓ e) Separate sewer connection for each building f) Cap off existing sewer connection that will no longer be used 91 Provide Water service to each proposed parcel h) Separate wator service for each building or separate ownership 1) Replace existing old /substandard w.aterserv�ce )) Install backflow device for domestic water /landscape irrigation, certified testing k) Upgrade existing substandard hydrant(s) 1) Install now hydrant per Water Company Standard m) Satisfy Fire Department fire flow requirements �— if required by Fire Department If required by Fire Department 9 Street Plan a) Remove existing driveway approach that will no longer be used. Replace depressed curb & gutter b} Construct PCC driveway approach 6- inches thick per City Standard c) Construct wheel chair ramp per City Standard d) R &R broken concrete sidewalk adjacent to property e) R &R broken curb /gutter adjacent to property fJ R &R roadway pavement section & street improvements as noted. Pavement section requires approval by City Engineer g) Install street lights h) Provide channelization or striping plan for the roadway pavement improvements 1) Plant pariavay trees per City Standard and City Master Tree Plan, 36 -inch box minimum (24 -inch box free allowed if parkway is h- igated) J} Construct tree wells per City Standard with tree grates (commercial areas) ✓ Provide %vtder (softer) entrance for both ingress and egress traffic for Vineland Ave cul-de -sac. (Does not affect ro ert � lines. ✓ As needed. ✓ Two wheel chair ramps on Vineland Avenue. ✓ As needed. ✓ As needed. Show on plan hour paving on Vineland Ave is proposed. ✓ On Vineland Avenue. ✓ Approximately 17 trees (9 on Stichman Ave and 8 on Vineland Ave). ✓ SECTION F - PERMITS REQUIRED A permit from Public Works is required for all offsite improvements 9 Demolition ✓ 2 Construction & Demolition Debris Permit ✓ 3 General Construction Activity Storm Water Permit (GCASWP) ✓ 4 Grading or Drainage ✓ 5 Utility Permits from each utility owner ✓ 6 Sevier Connection Permit (city owned sewer system) ✓ 7 Excavation permit from the City for all utility installations in the Public ROW ✓ Will need to also pay for Sewer Capital Fees (see Fees Section) 0laste, Gvndtons of Fppmval Fina, Page 3 of 4 CITY OF BALDWI€Q PARK ° CONDITIONS OF APPROVAL . (TENTATIVE) 'ROJECT: TN 71409 Date: January 4, 2011 3346, 3350, 3352 & 3354 Vineland Ave REQUIRED? YES NO COt,€PLIEbICOMMENTS 8 Construction Permit for Off -Site Improvements (street improvements) ✓ SECTION G - FEES & ASSESSMENTS REQUIRED See attached fee schedules • subject to change by City council action. Fee charged will be the effective fee at the time of fee payment If off -site improvements are not bonded for, payment for permits is required prior to final flap recordation. If off -site improvements are bonded for, payment for permits Is not required prior to Final Map recordation. I Plan Checks ✓ a) Pay Final Map fee ✓ See Public Works fee schedule (attached) b) Pay Grading Plan Check fee (fee based on import 1 export - must submit ✓ See Public Works fee schedule quantity estimate) (attached) c} Pay Drainage Plan Check Fee ✓ d) Pay Erosion Control Plan Check Fee ✓ See Public Works fee schedule (attached) e) Pay Storm Water Mitigation Plan Check Fee ✓ See Public Works fee schedule (attached) f} Pay Sewer plan Check fee (tee based on materials cost - must submit cost ✓ See Public Works fee schedule estimate of sey`w improvements material) (attached) g} Pay Plan Check fees for Off -Site 1 Public Improvements (fee based on cost - ✓ See Public Works fee schedule must submit cost estimate of public improvements) (attached) 2 Permits ✓ a) Pay for Construction & Demolition Debris Permit ✓ See Public Works fee schedule (attached) b) Pay for Grading / Drainage Permit I On -Site Improvements to PW ✓ See Public Works fee schedule (attached) c) Pay for Excavation Permit 1 Off -Sites to PW (for utilities) ✓ See Public Works fee schedule (attached) d) Pay for Sewer Permit & Inspection ✓ See Public Works fee schedule 1(ittached) e) Pay for Construction Permit I OK -Site Street Improvements to PW ✓ See Public Works fee schedule (attached) 3 Assessments ✓ a) Special Assessments ✓ b) Sever Connection Fees ✓ County of Los Angeles fee c} Pay sewor capital facility charge ✓ See Public Works fee schedule (attached) 4 Subdivision Agreement ✓ a) Provide performance bond ✓ If offsite Improvements are not complete prior to Final Map. b) provide labor and material bond ✓ If offside improvements are not com fete rior to Final Map. Compiled by. Approved by: Edwin - William'Gafvar% !.taster Conddlons Of Approval Foaf Page 4 of 4 ARTERIAL STREETS E P f MAJOR HIGHWAY —CLASS I At intersections with other Mojor Highways, the forger widths shown i,t parentheses should oe provided, as datermined by Ud30T, utilizing a Standard Flare Section. 4_ F 1 - ID4' 774') r--12 )MAJOR HIGHWAY —CLASS At intersections where LADOT has determined that duol left turn ]ones are required, the larger widths shown in parenthesis s shall be provided, uLTiting a Standard o r C, jC 35 4 35' SECONDARY HIGHWAY TRANSITIONAL EXTENSIONS Where a designated Major Kghwey (Class s or 11) ar a Secondary filynwoy crosses another aesignoted arterial street and Oth changes in designation to a street of lesser standard width, the slreai of lesser standord width shod be widoned on both sides from the inter - ssetion to the width of the higher designation and capered in o Standard Flore Section, us shown below, to provide an orderly transition, p =2 r °A CF R frr�CE a' CURE P.I. Or R R .-30 Dimensions shall be measured angle point to angle point STANDARD FLARE SECTION ( Pion Yew } ALLEYS 29'!­ - R =20' I o w R =zD I STANQARD TURNING AREA (Plan View) In =�e o 2D' R =1 MINIMUM TURNING AREA (Plan Yew) 20' mfr l2'mir. co NON— ARTERIAL STREETS E� G4�`� —�i -? I t' COLLECTOR STREET For use in quarter mile streets and 6choor areas, 24' INDUSTRIAL COLLECTOR STREET For use in industrial areas to assist the Ilia, of local truck traffic within those areas to odjocent arterial streets. A 35 curio Jeturn radius is required. E sn' 5 LOCAL STREET In corrnmer6ai and multiple resid- ential areas, a 40 --fool roodwoYy w th S 0 -foot parkways, and fu]I- width sidewalks shall be required. n 22'- ,HILLSIDE STREETS_ GG" 2D' Eerm IIII` Fran =n�. I a° HILLSIDE COLLECTOR STREET \, INDUSTRIAL LOCAL STREET For use in industrial areas. A 35' curb return radius is required. f_ R I a �hc�ll cf71 -- � ac" 60� `stieels "' and short connector streets. Where an approved internal pedestrian system is provided the parkway on one side may be reduced to 3 -feet. 9- ��3�,3f�;1 3 mir. SERVICE ROAD For use on adjoining major or secon- dory highways, except that the larger nc. widths shown in parentheses &hail be provided in multiple. residential zones, STANDARD CROSS - SECTION I r a 'T7ar D 14.14' —I no' STANDARD CUT- CORNERS FOR 900 INTERSECT1014 (Plan Yew) E C v+ r , � HILLSIDE STREET LOCO F E W6 ib' HILLSIDE STREET, 7 �; umm 1 m`^ (Forking on one side only) Easement t�2C, �; Easement tine Line tD ] I� I ACCESS ROADWAY CONDITIONAL 'Urnited to 4 dwellutq units, and a maximum length of 300 Test- Private Street only) E I E Flo' STANDARD D WALKWAY CROSS - SECTION Note: For fire truck clearance, no obsw =Lion i0er than 6' sholi be permitted within 3 ft. of the curb. Dn- street NOTE pimansons shown hereon are not to scale. MAY "8E UNSYMMETRICAL parking shot) be pronibiled. PREPARED IN COOPERATION WITH THE KPARTMENTS OF TRANSPORTATION AND CITY PWtN1N� DEPART T — e,lrterl ar [K:��HFF -1� vrrrua �rtua L BUREAU OF ENGINEERING _ _ MEN Or PUBLIC WORKS CITY OF LOS ANGELES STANDARD STREET DIMENSIONS STANDARD PLAN S -470 -0 SUI3aITTED _ - -� - -7598 5 PEIY3Pr5 FrrJtc'N ^r< -- - -- -- --- :ESS,o APPRO.ca— {j ENG1 ER OF FSGN �e�� r =t'� GENERi ILMUw^.ER, - D- TFANbPORTkT,GN DATE y c is Eoy �� D -22548 A°t p tccJ1_St�_.i b59 ♦ ar. t2atrryal a DIRECTOR OF PLAPN;NC Q {7E -.77%- !?� .. %+:i--- ------- '4 cNr. �T C" Er;C1t:EER tacos ADAPT p - -_ MAY ?3__1399 vAV r wQ NuuaER 8 -4428 0r50hED $ DRAwT' 13Y CHt "CY.ED BY CYTY py/,RIy;ryD COtrE557pN DATE R TAW: E. oAVtu SHEET 1 OF 2 SHEETS re ___ THIS STANDARD PLAN B5^,OMES EFFECTIVE ON NOVEMBER 10, 1999 1. City Aqencv # 2. Project Name 3. Namo/Title of Project Evaluator 4. Date of Evaluation 5. Name of Project Applicant 6. ..A pproximate Project Start Date f 7. Project location S. Will original line and grade disturbed? 9. Will original purpose of the project be maintained? n 10.:What was the previous use? 10: What water. :body will the project drain? 11. 1s the project located yin or adjacent to.an'ESA? � 12. If project is located -{i. br,djac,entk -tdk ESA? . Describe what :environmental_ characteristic makes -fit an LSA and where it is located. relatiVeto1he proect.' 13. =Will a- parking:,areabe added- that:is 25- spaces= or- more:or -_ reater #han S:OOD scjuare feetiand thatc ill.not change original line - an Determining Qualifying Projects Subjectto SUSMP Requirements Generally, SUSMP- applicable projects are those categories. To determine if the proposed project is following evaluation based on your understanding categories, that are listed under one of the designated subject to SUSMP requirements, complete the of it. Type or write "x" for applicable project =Sd!�Ject Project! Categories « 14 -plus Home Subdivision., Any subdivision developed for 10 or more single- family or multi-family dwelling units. 1 acre Industrial /Commercial Development: Any commercial development that creates at least 43,560 square feet of impermeable area, including parking areas. • Restaurant: A stand -alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812 only). Automotive Repair Shop: Any facility that is typed by any of the following Standard Industrial Classification SIC codes: 5013, 5014, 5541, 7352 -7534. i Retail Gasoline Outlet: any facility engaged in selling gasoline and lubricating oils. Single - family Hillside Residence: Any hillside single- family new development located in an area with known erosive soil conditions, where grading is contemplated on any natural slope that is 25% or greater, Parking Lot: Any impervious land area or facility used for the temporary parking or storage of motor vehicles used personally for business or for commerce with a lot size of 5,000 square feet or more, or with 25 or more parking spaces. i Redevelopment: On any already developed site, any of the foregoing subject categories 1 that results in the creation or addition of at least 5,000 square feet of impervious surface that does not disturb original line and grade or is a maintenance project. E R If "no," to all of the above, the project IS NOT SUBJECT TO STANDARD URBAN S T OR10 WATER MITIGATION MEASURES. No further evaluation is necessary. However, if "yes," to the any of the above, the project is subject to SUSK/iP requirements. i 11. Determining Appropriate SUSMP Measures Once the project has been determined to be SUSMP applicable, the next step is to determine what level of best management practices ('BlAPs ") are needed to mitigate post - construction runoff to Prevent an adverse impact on receiving water quality. The level of BMPs will depend on the type of subject developmenUredeveloprnent (see Tier I, 11, and III BMP requirements). 3 ��.'f. ,. "_. � ,.TEer� 1, BMPs �Regt= tEremer�ts�:�or A►11 Su_b�ec�:Rra�ects._ u _ - ,` All subject development and redevelopment projects should comply with the requirements listed below, if applicable. L Maintain Peak Runoff Discharge Peak storm water runoff discharge rates shall not Rate exceed pre - development levels for developments where an increased peak storm water discharge rate may result Applies: Yes ❑ No ❑ in an increased potential for downstream erosion. This means that the post - development runoff coefficient ( "C" value) cannot be higher than the pre - development runoff l coefficient. Only applies if the completed y pp p project discharges runoff into an unlined conveyance. ii. Storm Drain System Stenciling and Applies to all SUSMP- applicable projects. The stencil Signage contains a brief statement that prohibits the dumping of improper materials into the stormwater conveyance Applies: Yes ❑ No ❑ system. Graphical icons, either illustrating anti - dumping symbols or images of receiving water fauna, are effective supplements to the anti - dumping message. i Q All storm drain inlets and catch basins must be stenciled with prohibitive language (such as: "NO DUMPING — DRAINS TO OCEAN ") and /or graphical icons to discourage illegal dumping. 0 Signs and prohibitive language and /or graphical icons discouraging illegal dumping must be posted along channels and creeks. M Legibility of stencils and signs must be maintained. Hi. Outdoor Material Storage Area Where proposed project plans or activities call for Design outdoor areas for storage or use of materials that may contribute pollutants to the stormwater conveyance Applies: Yes ❑ No ❑ system, the following structural Bi lPs are required: 0 Materiais stored outdoors must be: (1) placed in an enclosure such as, but not limited to, a cabinet, i shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. iii. Outdoor Material Storage Area I P The storage area must be paved and sufficiently Design (continued) impervious to contain leaks and spills. Applies: Yes ❑ No ❑ ED Where feasible, storage area should have a roof or awning to minimize collection of storm water within the secondary containment area. iv. Trash Storage Area Design A common trash storage area refers to an area where a Applies: Yes ❑ No ❑ trash receptacle or receptacles are located for use by a more than one household or dwelling unit as a repository for household /commercial wastes. It also appiies to commercial facilities at the City's discretion. Loose trash and debris can be easily transported by the forces of water or wind into nearby storm drain inlets, channels, and /or creeks. All common trash container areas must meet the following requirements: 10 Trash container areas must have drainage from adjoining roofs and pavement diverted around the area(s). 2) Trash container areas must be screened or walled to prevent off -site transport of trash. v. Protect Slopes and Channels If applicable, project plans must include BIVIPs consistent with local code and ordinance to decrease the potential Applies: Yes ❑ No ❑ of slopes and/or channels from eroding and impacting stormwater runoff: Z Convey runoff safely from the tops of slopes and stabilize disturbed. slopes. i E Stabilize permanent channel crossings. 0 Vegetate slopes with native or drought tolerant vegetation. Z Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion. vi. Proof of Post - Construction 0 Improper maintenance is one of the most common Maintenance of Structural BMPs reasons for water quality controls to not function as Applies: Yes ❑ No ❑ designed or to fail entirely. It is important to consider who will be responsible for maintenance of a permanent BMP, and what equipment is required to perform the maintenance properly. As part of project review, if a project applicant has included (or wdl be required to include) structural BMPs in project plans, Permittee staff will require that the , applicant provide verification of maintenance provisions (see attached model). _.�I�IPs fiRqu�rerrre, s�fo;rF Sped P jet Yp_ 1. 1 G -Pius Home Sub- division: Any subdivision lot being developed for 10 -plus single - family or multi- family homes. Basic BMPs Same as Tier I requirements specified above. List Applicable BMPs: 2. 1 Acre indu,strialiCornmercial Deveiopment: Any industrial commercial development that creates at least 43,560 square feet of impermeable area, including parking areas. Such developments include, but are not limited to, hospitals, laboratories, medical facilities, education institutions, recreational facilities, plant nurseries, car wash facilities, recreational facilities, minilshopping malls, hotels, office buildings, public warehouses, business parks, and light industrial complexes. Loading & Unloading Dock Area Design (if applicable) Applies: Yes ❑ No ❑ ❑ Loading /unloading dock areas have the potential for material spills to be quickly transported to the stormwater conveyance system. To minimize this potential, the following design criteria are required: 10 Cover loading dock areas or design drainage to minimize run -on and runoff of stormwater. Z Direct connections to storm drains from depressed loading docks (truck wells) are prohibited. ? Repair & Miaintenance Bay Design (if i u ail and grease, solvents, car battery acid, coolant applicable) I and gasoline from the repaidmaintenance bays can E negatively impact stormwater if allowed to come into Applies: Yes ❑ No ❑ Vehicle /Equipment Wash Areas Design (if applicable) Applies: Yes ❑ No ❑ contact with stormwater runoff. Therefore, design plans for repair bays must include the following: FA Vehicle /equipment washing /steam cleaning has the potential to contribute metals, oil and grease, solvents, phosphates, and suspended solids to the stormwater conveyance system. To alleviate this problem, consider including in the project plans an area for washing /steam cleaning of vehicles and equipment. If such an area is included in the site design, it must meet the following: ❑ This area must be self - contained, covered, eq uipped with a clarifier, or other pretreatment facility, and properly connected to a sanitary sewer. 3. Restaurant: a stand -alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate. consumption -- SIG rode 5512 only). Equipment & Accessory Wash Area ll Equipment/accessory washing/steam cleaning has Design the potential to. contribute oil and grease, solvents, phosphates, and suspended solids to the Applies. Yes ❑ No ❑ stormwater conveyance system. Include in project plans a designated area for the washing /steam cleaning of equipment and accessories. The area must meet the following: self- contained, equipped with a grease trap, and properly connected to a sanitary sev�ler If located outdoors, the area must be covered, paved, equipped with secondary containment, and connected to the sanitary sewer 4. Retail Gas Station: any facility engaged in selling gasoline and lubricating oils. i. Fueling Area Design Fueling areas have the potential to contribute oil and grease, solvents, car battery acid, coolant and gasoline Applies: Yes ❑ No ❑ to the stormwater conveyance system. The project plans rnust include the following BMPs. ❑ lrVhere feasible, fuel dispensing areas should be covered with an overhanging roof structure or canopy. The canopy's minimum dimensions must be equal to or greater than the area within the grade break. The canopy must not drain onto the fuel i dispensing area, and the canopy downspouts must be routed to prevent drainage across the fuelina ii. Vehicle & Equipment Wash-Area Design (if applicable) Applies: Yes ❑ No ❑ area. ❑ Fuel dispensing areas must be paved with portland cement concrete (or equivalent smooth impervious surface), and the use of asphalt concrete shall be prohibited. Q The fuel dispensing area must have a 2% to 4% slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run -on of stormwater to the extent practicable. Z At a minimum, the concrete fuel dispensing area must extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is less. Z Same as requirf,,ment #3, 43,560 ind ustriallcommercial development. 5. Auto Repair Facility:, any facility that is typed by any of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7352 -7534. Such facilities include auto repair, body, and parts shops. i. Fuel Area Design Applies: Yes ❑ No ❑ ii. Loading /Unloading Dock Area Design (if applicable) Applies: Yes ❑ No ❑ iii. Repair /Maintenance Bay Design (if applicable) Applies. Yes ❑ No ❑ iv. Vehicle & Equipment Wash Area Design (if applicable) ies: Yes ❑ No ❑ i.❑ Same as for retail gas station. Rai Same as requirement 91, 1 acre commercial development. Q Same as requirement #2, 1 acre commercial development. C Sarre as requirement #3, 1 acre commercial development. 6. Single. Family Hillside Residence: Any hillside single - family new development located in an area with known erosive soil conditions, where grading is contemplated on any natural slope that is 25% or greater. i. Conserve Natural Areas I Same as #1, 10 -plus home sub- division. Applies: Yes ❑ No ❑ I MiMMI.T!I0F4Ps115Ir into IZI 0 Same as #2, 10 -olus home sub- division 6 Applies: Yes O No ❑ 7. 5,000 square feet Parking Lot: Any impervious land area or facility used for the temporary par }sing or storage of motor vehicles used personally for business or for commerce with a lot size of 5,000 square feet or more, or with 25 or more parking spaces. i, Reduce oil, grease, metals Z Landscape to the extent practical Applies: Yes ❑ Na ❑ 0 Employ infiltration /treatment controls (if necessary). P U. P.UUUVGIUPLI IL! Ell r' {vjuu.s: Mlly UI Me roregorng project categories that adds at 5,000 square feet or more of impervious area. if additional impervious area is less than 50% of the predevelopment impervious area, BlOPs only apply to the new area, if more than 50 %, BMPs wi {I apply to the entire area. L Minimize impervious area Landscape to the extent practical. Applies: Yes ❑ No ❑ Employ infiltration/treatment controls (if necessary). Comments 7 y Tier Ilk _{ int ilrat[orilTreatmentequ[rerrnts for Projects �z This tier requires post - construction structural controls based on project type. Generally, the City has discretion to allow the applicant to select from a menu of treatment structural controls in terms of mechanical treatment (non - infiltration) and infiltration controls. (Mechanical controls generically include catch insert filters, storm water interceptors, and vortex separation systems. Infiltration controls include retention /detention basins (with some improvements to qualify as storm water quality controls), vegetative swales, trenches, etc.). Notes: 9 SCHEDULE OF FEES AND CHARGES - ENIINEERING FEES EXH&T- "A„ General Enciineerinct Fees (Nan - Construction) Reproduction Costs Sepia (any size) Photo copy prints (24" : i 8" & 24" x 361) Final Map photo copy (8' /" X 11- or 8,/2,, x 1-6,,) Encroachment Lane Closure - No Street Cuts • Per Occurrence • Monthly Permit Annual Permit • -Approved Road Closure (If Public Convenience. Dictates) All utility permits for excavation or street cuts in the City's right-'of -way or in the City's future right -of -way as determined by the City's General Plan.shall be required of utility companies Moving and Load Regulations Permit Tiling and processing fee for Moving Load or a1E-,r -Sized Vehicle (over width, height, -or weight) per occurrence Overhead Structures .(i.e. scaffolding) Verification of Sewer Connection Dye Test (permittee to provide dye) Signs in the Right -of -Way Street Name Change Application -Directional Signs Directional Signs - Private New signs shafl be changed upon renewal of two yearperiod Graffiti Abaterment Processing Hold Karrnless Agreement for private Proper -ty Penalties Work Commenced Prior to Permit Issuance If any work is commenced on the public's right- of- waywithout a permit, the Perrnittee must obtain an after -tire -fact permit. If itis determined that the work was an emergency in nature and it is approved by the Director of Public Works, then the after -tine -fact permilfee will be charged as a regular permit fee. Para 1 Di P, n.SU 1 first $4.00 /each additional print $0.50 ea $175 $450 �,j,750 $650 / day $55 ea $500 ea $200 ea or bid cost +, 15,0 51.500 $2,500 or tvro years $25 Double the Total t=ee SCHEDULE OF FEES AND CHARGES - ElG(ttiIEFRiNG -"- S See City of Baldwin Park Building & Safety Division Plan Check 1 Design Review - Onsite Improvements The following flees are separate from and in addition to any fees charged by the 5 &S Div. Grading and Excavation Plan Check Yardacae 50 to 100 CY Y 101 to 1,000 CY 1,001 to 10,000 CY 10,001 to 100,000 CY Over 100,000 CY Fourth Submittal and each Subsea uent Submittal for Grading, Drainage and Improvement Plan Checks Ease Amount `n300 minimum $3004 80 ar- r $1,020 + 90 per $1,830 + 100 per $2,730 - 100 per Volume in CY 100 1,000 10,000 100,000 25% of the Original Plan Check Fee Exceeding CY 100 1,000 10,000 ° 100,000 Sewer Plan Plan Checking fee is included in the fee for Plan Check of Sewer and/or. Utility Plan under Offsite Improvements Drainage Plan Plan Checking fee is included in the fee for Plan Checkaf Grading & Excavation Plan, if a Grading and Excavation Plan is required, else the following may apply -: One (1) lot to three (3) lots $175 Four (4) lots or more $650 °ermit & Inspection Fee will also apply (100% of the Plan Check Fee) Erosion Plan Less than One Acre 5100 One Acrd but less than 5 Acres 5300 Permit & Inspection Fee will also apply (100% of the Plan Check Fee) Pace 3 of 8 SCHEDULE OF FEES AND CHARGES - EtdGIN' EERING FEES Plan Check / Design Review - .Offsite Improvements (cont) Traffic Improvements -Valuation Striping or Lang line lAarking Letiering /Arrow Red Curb Street Name Signs (2) & Post Traffic Regulatory Sign Traffic Signals Traffic Control Plan Check If done separately from other street improvements Other Improvements - Valuation Street Light Street Tree Installation 15 Gallon 24" Box :�6" Box Page 5 d, 8 $0.25 U. $25 ea $ 100 + 101ft_ 5350 ea $250 ea ° 520,000+ Bid Cost $85 + $75 per hour $500 + Bid Cost $300 $000 + Tree Cast $1,200 + Tree Cost SCHEDULE OF FEES AND CHARGES - ENG1 NEERiNG FEES Utility Permits — Plan Check + Permit and Ins section Fees Utility Permits Plan Check Fee permit & Inspection Fee Trench Length Up to 50' iJinimum $50 Min $100, if City does A.. C. construct cost)' Min $130, if Utility Co. does A.C. 51' to 250' x;50 + 50.30 I.f. > 50' $ 150 + $0.60 Lf. > 50' 251' to 1,000' $80 $0.20 Ll. > 250' $Z20 - $0.50 Lt. > 250' Over 1,000' $185 = $0.10 I.f. > 1,000' $440 + $0.401.t. > 1,000' *Up to 200 s.f. add additional '$6.D0 s.f. for paving to be performed by the Ci�f. City to perform the paving unless otherwise directed by the Director of Public Works NOTEE: Fees applicable to wort; performed by both open trench and /or boring methods of installation. Non - Trench Work Up to 100 s.f. Minimum $30.00 Min $100, if City does A. C. (+ construct cost)` Min $125, if Utility Co. does A.C. Over 100 s :r'. $30 + $0.40 s.f. > 100 s.f_ Pavement Restoration Utility Cuts $5.50 / s.f. is refundable if work performed by Permittee Permitter is required to do pavement restoration. Sewer (plan check & permit inspection) Sewer Saddie (By Los Angeles County DPVV) Sewer Connection Permit Fee Residential Commercial & industrial $150 + $1.50 s.f. > 100 $8.00 s.f. $500 ea or bid cost+ 15% X100 / dwelling unit $501 dwelling unit over 10 units 5200 / unit $100 /unit over 10 units The above fees apply to new Subdivisions where Plan C heck + Permit & Inspection fees are separately paid for a new sewer mainline extension. Above fees ap ply to the sewer lateral installed for each unit, Rectangular lot depth, 100 ft or less Rectangular lot depth, more than 100 ft irregular lot, frontage 60 L or less Irregular lot, frontage greater than 60 ft Existing Lateral to be utilized by property owner(5) 5800 per lot 5800 + $0.01 s.f. over 100 ft of death $800 or + $480 + $0.081 s.f. for the lot area in Eexcess of 8,000 s.f. (whichever is greater) 5;800 - $0.08 I s.f. for the lot area in excess of 6,000 s.f. $200.00 /Each Page 7 af 8 ATTACHMENT #6 CONDITIONS OF APPROVAL FOR SUBDIVISIONS - INCORPORATED, DATED DECEMBER 15, 2010 FROM THE LOS ANGELES COUNTY FIRE DEPARTMENT COUNTY OF LOS ANGEL. ^� FIRE DEPARTMENT 5823 Rickenbacker Road F"ARTIA' Commerce, Califom'sa 90040 CONDITIONS OF APPROVAL FOR SUBDIVISIONS - INCORPORATED `. Subdivision No: Tract 71409 Map Date 12 -15 -2010 C.U.p, City Baldwin Park ❑ FIRE DEPARTMENT HOLD on the tentative map shall remain until verification ft-om the Los Angeles County Fire Dept. Planning Section is received, stating adequacy of service. Contact (323) 881 -2404. • Access shall comply with Section 503 of the Fire Code, which requires all weather access. All weather access may require paving. • Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. • Where driveways extend further than 150 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure there integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. • Private driveways shall be indicated on the final map as "Private Driveway and Firelarle" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. Ail required fire hydrants shall be installed, tested and accepted prior to construction. • Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. F This property is located within the area described by the Fire Department as "Very High Fire Hazard Severity .Zone" (formerly Fire Zone 4). A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance.(Contact Fuel Modification Unit, Fire Station 02, 605 North Angeleno Avenue, Azusa, CA 91702 -2904, Phone (626) 969 -5205, for details). ® Provide Fire Department or City approved street signs and building access numbers prior to occupancy. ❑ Additional fire protection systems shall be installed in lieu of suitable access and/or fire protection water. ❑ The final concept map, which has been submitted to this department for review, has fulfilled the conditions of approval recommended by this department for access only. ❑ These conditions shall be secured by a C.U.P. and/or Covenant and Agreement approved by the County of Los Angeles Fire Department prior to final map clearance. ❑ The Fire Department, Land Development Unit has no additional requirements for this division of land at this time. Additional Fire Department requirements will be required when this land is further subdivided and/or during the building permit process. Comments: THIS PROJECT IS NOT CLEARED BY THE FIRE DEPARTMENT FOR PUBLIC HEARING. THE FOLLOWING ITEM SHALL BE PROVIDED TO THE FIRE DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO THE PUBLIC HEARING: 1 -An original Fire Flow Availability form (Form 195. v INSPECTOR 266 9103 Claudia Solz DATE 12 -20 -2010 Land evelopment Unit — Fire Prevention Division — (323) 890 -4243, Fax (323) 890 -9753 " W5� °f COUNTY OF LOS ANGELES FIRE DEPARTMENT 5523 Rickenbacker Road o FpARTht Cnnunerce, California 90040 WATER SYSTEM REQUIREMENTS — INCORPORATED Subdivision No: Tract 71409 Map Date 12 -15 -2010 Revised City Baldwin Park ® Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. ® The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. 1 Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. ❑ The required fire flow for private on -site hydrants is gallons per minute at 20 psi. Each private on -site hydrant must be capable of flowing gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. ® Fire hydrant requirements are as follows: Install 2 public fire hydrant(s). Upgrade / Verify _L existing Public fire hydrant(s). Install private on -site fire hydrant(s). All hydrants shall measure 6 "x 4 "x 2 -112" brass or bronze, conforming to current AWV,TA standard C503 or approved equal. All on -site hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall, ® Location: As per map on file with the office. ® Other location: *Vineland Ave. by the SE pr'oper'ty line (Lot 11) *Stichrnan Ave, by SW property line (Lot 10) ' *Verify existing public fire hydrant at the SW corner of VinelandAve. and Merced Ave. ® All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval. Vehicular access shall be provided and maintained serviceable throughout construction. ❑ The County of Los Angeles Fire Department is not setting requirements for water mains, fire hydrants and fire flows as a condition of approval for this division of land as presently zoned and/or submitted. ® Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. ❑ Hydrants and fire flows are adequate to meet current Fire Department requirements. ® Fire hydrant upgrade is not necessary, if existing hydrant(s) ineet(s) fire flow requirements. Submit original water availability form to our office. SUBMIT COMPLETED (ORIGINAL ONLY) FIRE FLOW AVAILABILITY FORM TO THIS OFFICE FOR REVIEW. COMMENTS: Provide evidence on LACoFD fire flow form (Form 195) that the existing public fire hydrant the intersection of Vineland Ave. and Merced ave, meet the current Tire Department requirements. -- drants shall be installed in conformance M1h Title 20, County of Los Angeles Govemment Code and County of Los Angeles Fire Code, or appropriate City regulations. 'i.,,. shalt include minimum sit -inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor sewing the area. By Inspector Claudia Soi Date 12 -20 -2010 r _ .1- I. . IT ATTACHMENT #7 ENVIRONMENTAL DATA - DRAFT MITIGATED NEGATIVE DECLARATION AND INITIAL STUDY DATE: January 12, 2011 APPLICANT: DC Corporation TYPE OF PERMIT: Conditional Use Permit and Tentative Tract Map FILE NO.: CP -780 and TM -71409 LOCATION OF PROJECT: 3346 -3354 Vineland Avenue; Los Angeles County Assessor's Numbers 8555 -021 -050 and 8555- 021 -051 DESRIPTION OF PROJECT: A request for a conditional use permit for a density bonus with a housing incentive agreement pursuant to Section 153.531 of the City's Municipal Code and State Law, and a tentative tract map to subdivide two (2) lots into seventeen (17) lots. It is the opinion of the ❑ El Zoning Administrator Planning Commission City Council Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures M are attached ❑ are not required (Signatur City Planner (Title) Date(s) of Public Notice: Posting at three (3) locations: City Hall, Ester Snyder Community Center, X Barnes Park, and Subject Site, December 15, 2010 and December 29, 2010 Posting of the properties X Written notice to affected property owners, December 29, 2010 C:Amy1A A'A\rdoRDICECAI « eg DecSICFI -780 and Th4- 7140S.doa F, INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM V •n• Nc r. 1. Project Title: CP -770 and TM -71409 2. Lead agency name and address: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5261 3. Contact person and phone number: Amy L. Harbin, City Planner 4. Project location: 3346 -3354 Vineland Avenue Assessor's Parcel Numbers 8555 -021 -050 and 8555 - 021 -051 5. Project sponsor's name and address: D.C. Corporation Attention: David Cook 1773 West San Bernardino Road, # B -42 West Covina, CA 91791 6. General Plan Designation: Single - Family Residential 7. Zoning: R -1, Single- Family Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation, Attach additional sheets if necessary.) The project involves two properties totaling approximately 2.39 acres gross and 1.51 acres net. One property has a single dwelling unit which contains 3- bedrooms and 2- bathrooms and the other property has two dwelling units with a total of 5- bedrooms and 2- bathrooms. The City's HdL System indicates that the existing dwelling units were constructed in 1914 and 1932. All structures located on the properties will be demolished and cleared. According to the Applicant's submitted information the properties have several areas of dense brush and trees. The rear of the properties abuts Big Dalton Wash. The Applicant is proposing a Tentative Tract Map to subdivide the two lots into a total of seventeen (17) lots, with ten (10) lots having access from Stichman Avenue, which will be extended to serve the new dwelling units. Stichman Avenue right -of-way is proposed to be sixty (60) feet wide and will CP -780 & TM -71409 December, 2010 incorporate a sidewalk and parkway, which is consistent with the existing Stichman Avenue right -of -way. The overall radius of the proposed public right -of -way cul -de -sac for the extension of Stichman Avenue will be a minimum of 44 feet. The remaining seven (7) lots have access from Vineland Avenue and a cul- de -sac bulb off of Vineland Avenue. The cul -de -sac bulb will serve four (4) units and will have a public right -of -way radius of 41.5 feet and will incorporate a sidewalk and parkway. The remaining three (3) dwelling units will have direct access from Vineland Avenue which is a fully developed public right -of -way. The Applicant is proposing five (5) different floor plans each containing four (4) bedrooms and between 2.5 and 3 bathrooms. All of the dwelling units are two (2) stories and have an attached two (2) car garage. Livable floor area ranges between 1,444 and 2,253 square feet with garage floor areas between 430 and 463 square feet. Total floor areas for the units range between 1,894 and 2,716 square feet. Each property will have countable private open space areas ranging between 200 and 1,400 square feet. Proposed lot sizes range between 2,712 and 6,094 square feet. A variety of elevations are provided for the dwelling units which utilize a variety of materials, including stucco, stucco popouts, slate rock, wood shutters, and wrought iron elements. Each of the front yards will be landscaped. The Applicant is requesting a conditional use permit for a density bonus which will allow an additional four (4) dwelling units over and above the maximum allowable density. Two (2) of the dwelling units will be reserved for families of low income and the other two (2) will be sold at market rate. Because of the density bonus for the affordable units, the project will have several deviations from the existing Municipal Code's minimum requirements such as lot size, lot width, countable private open space, and street sideyard setbacks. These types of deviations are consistent with density bonus projects for affordable dwelling units. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: Baldwin Park was incorporated in 1956 and is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and the 1 -605 (San Gabriel River) Freeways lie near the southwest corner of the 6.8 square mile city. Although Baldwin Park is predominantly a residential bedroom community, recent efforts have placed a greater emphasis on promoting commercial and industrial land uses. However the City is almost at built -out, focusing efforts on the redevelopment of land especially within close proximity to the freeway. z CP -780 & TM -71409 December, 2010 According to the most recent Census information available (2000), Baldwin Park has approximately 75,837 persons. This is more than double the population in 1960. Baldwin Park is a working class Hispanic community although between the 1990 Census and 2000 Census the City experienced an increase in its Asian population. Furthermore, the City has a considerably larger than average household size that the County average suggesting increased pressure on the City's housing stock, recreational facilities, and the provision of services. The proposed project is situated within an established residential neighborhood that is developed primarily with single- family residential dwelling units. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) The Planning Commission, or the City Council on appeal, will approve the conditional use permit and tentative tract map that are necessary for this project. The Housing Division will approve the applicants for the designated affordable homes within the project. No other public agencies are required to approve this project. 3 3:U. 3118 ivy 4((� 3454 3713 3:26 3472 '3m P 3146 17278 3;23 U 317E U 3A6 3114 ,312 �3 U 3420 \ \ \h 37 715 ` \J\ \ ✓ \/ ,, r 3173 Os397 $j61 3#5.5 ssls 3�t3 3x37 Wit" =:; 3333 z 3327 / W2 3321 3s36 3315 327 3126 3271 3316 3259 5\ 14311 % ! 3726 7115 311 37 tE 37Y� 3720 14337 � tis335 �I 71361 �'3 1.375 3311 3i35 71366 4:710 , fi37 3.63 ?137 M1U ass 3za3 / � 4a1s 3?j3 X59 ` u 3.47 M53 /i 3241 3247 P � t P`. COQ 7 su'Djoect Proper IL Vicinity DIVISION N ADDRESS: 3346 -3354 Vineland Alenue Not to Scale City of Baldwin Park CP -780 & TM -71403 December, 2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors least one impact that is following pages: ❑ Aesthetics ❑ Biological Resources checked below would be potentially affected by this project, involving at i "Potentially Significant Impact" as indicated by the checklist on the ❑ Agriculture and Forestry Resources ❑ Cultural resources ❑ Greenhouse Gas Emissions ❑ Hazard & Hazardous Materials ❑ Land Use/ Planning ❑ Population 1 Housing ❑ Transportation /Traffic ❑ Mineral Resources ❑ Public Services ❑ Utilities 1 Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ Air Quality ❑ Geology 1 Soils ❑ Hydrology / Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance 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, Q there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 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 the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMAPCT 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. - `�- - -, 114)-I13I to Signatu CP -780 & TM -71409 December, 2010 The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 1. AESTHETICS would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, ' but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less Than Less Than Potentially Significant With I Significant j No Impact Significant Impact Mitigation Impact Incorporated P E r € I i c) Substantially degrade the existing visual character or quality of the site and its surroundings? i d) Create a new source of i i substantial light or glare which s j would adversely affect day or I I E i nighttime views in the area? I(a) No Impact. The proposed project will not have an adverse impact on a scenic vista or result in the obstruction of any scenic views. I(b) No Impact, The proposed project will not result in the damage or destruction of scenic resources or historical buildings. 1(c) No Impact. This project will not substantially degrade the existing visual character and quality of the City of Baldwin Park. Through the Design Review process, the project has been reviewed to ensure that the single - family dwellings and associated improvements are aesthetically pleasing and complimentary. No mechanical equipment will be open to public view. Furthermore, the project is compatible with the surrounding adjacent properties which are also zoned and developed as single - family residential and consistent with the Design Guidelines developed by the City for this type of development. I(d) Less than Significant Impact. Although the project will introduce new sources of light in the area (exterior building lighting, street lighting, internally lit address numbers), these sources of illumination are not anticipated to be significant. Any proposed lighting shall be shielded and directed downward to prevent spillover lighting onto adjacent properties. 5 CP -780 & TM -71409 December, 2010 � Less Than II. AGRICULTURE AND FORESTRY Potentially Significant Less Than No RESOURCES Significant Impact With Significant Impact Mitigation Impact Incorporated In determining whether impacts to agricultural l resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site f Assessment Model (1997) prepared by the i California Dept. of Conservation as an optional model to use in assessing impacts on agriculture ; and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies i may refer to information compiled by the ! j i California Department of Forestry and Fire I Protection regarding the state's inventory of forest land, including the Forest and Range I Assessment Project and the Forest Legacy I Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource j Board. Would the project: a) Convert Prime Farmland, Unique Farmland, 1 or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and I Monitoring Program of the California Resources Agency, to non - agricultural use? i b) Conflict with existing zoning for agricultural I Q ! use, or a Williamson Act contract? I c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public j Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section ' 4526), or timberland zoned Timberland 3, Production (as defined by Government Code j section 51104(g))? j d) Results in loss of forest land or conversion of forest land to non- forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to [� non - agricultural use or conversion of forest land j to non - forest? Il(a) No Impact. The proposed project will not convert any type of farmland to a nonagricultural use. 6 CP -780 & TM -71409 December, 2010 11(b) No Impact. The proposed project will not conflict with zoning for agricultural use or a Williamson Act Contract, as there are no agricultural zones within the City. 11(c) No Impact, The project will not result in the conversion of farmland to non agricultural uses. II(d) No Impact. The proposed project will not result in the loss of forest land or the conversion of forest land to a non- forest use. II(e) No Impact, The proposed project will not result in changes due to their location or nature which could result in the conversion of farm land or forest to either a non - farmland or non- forest use in the future. ! } III, AIR QUALITY ! Less Than Potentially Significant With I Less Than I No Significant Significant Mitigation ! impact impact Impact 1 incorporated J I Where available, the significance criteria i I j established by the applicable air quality management or air pollution control district I I i may be relied upon to make the following i determinations. Would the project: ! _ ! a) Conflict with or obstruct implementation Q of the applicable air quality plan? { b) Violate any air quality standard or I contribute substantially to an existing or j projected air quality violation? c) Result in a cumulatively considerable net !: € increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone_ precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a } substantial number of people? 111(a) No Impact, The proposed project does not conflict with any applicable air quality plan. The City of Baldwin Park is located within the South Coast Air Basin, which is a non - attainment area for selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin Park are a result of not only local emissions, but also of those throughout the region. 111(b) No Impact. The project will not result in a cumulative net increase of pollutants for which the region is in non - attainment. 111(c) Less Than Significant Impact with Mitigation Incorporation. The proposed project will not result in a cumulatively considerable net increase of any criteria H CP -780 & TM -71409 December, 2010 pollutant for which the region is in non- attainment. The Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan (SCAQMP). The proposed project is consistent with that plan and will not have a significant impact upon air quality. However, there will be temporary increases in air pollutant emissions during the construction phase. Construction dust and air pollution, however, will be reduced to a less than significant level with mitigation measures. Mitigation Measures: Measures to reduce temporary air pollution include the following: Mitigation Measure lll(c) -9 : That the applicant shall adhere to the SCAQMD Rule 403 insuring the clean up construction related dirt on approach routes to the site. Mitigation Measure I11(c) -2: Watering techniques shall be employed to partially mitigate the impact of construction generated dust particles. Mitigation Measure 111(c) -3: Maintenance and servicing of construction equipment shall be conducted to minimize exhaust emissions. Mitigation Measure lllLc -4:, Construction activities shall be halted during Stage I and Stage 2 smog alerts. lll(d) Less Than Significant Impact. Although the project will generate additional vehicular traffic in the area and on the project site itself, it is not anticipated that substantial pollutant concentrations will result, which might significantly affect nearby sensitive receptors (existing residences located to the north, south and west of the project site). Ili(e) No Impact. The proposed project will not create objectionable odors affecting a substantial number of people. 8 Less Than Potentially Significant Less Than No IV. BIOLOGICAL RESOURCES Significant With Significant Impact Impact Mitigation Impact Incorporated Would the project; 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? 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 8 CP -780 & TM -71409 December, 2010 IV(a) No Impact. The project will not have any effect on any species identified by the California Department of Fish and Game or the US Fish and Wildlife Service. IV(b) No Impact. The project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in any local or regional plans, policies regulations or by the California Department of Fish and game or by the U.S. Fish and Wildlife Service. IV(c) No Impact. The project will not have a substantial effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. There are no federally protected wetlands within the City of Baldwin Park. IV(d) No Impact. The project will not interfere 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 as the City of Baldwin Park is within an urbanized area and not within five (5) miles of a wildlife corridor. IV(e) Less Than Significant with Mitigation Incorporated. The proposed project will involve the removal of nine (9) mature trees as defined by the City's Tree Regulations contained in Sections 153.565 through 153.575 of the City's 9 Less Than Potentially Significant Less Than No IV. BIOLOGICAL RESOURCES Significant With Significant impact Impact Mitigation Impact Incorporated and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, Q 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 Q migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other Q approved local, regional, or state habitat conservation plan? IV(a) No Impact. The project will not have any effect on any species identified by the California Department of Fish and Game or the US Fish and Wildlife Service. IV(b) No Impact. The project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in any local or regional plans, policies regulations or by the California Department of Fish and game or by the U.S. Fish and Wildlife Service. IV(c) No Impact. The project will not have a substantial effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. There are no federally protected wetlands within the City of Baldwin Park. IV(d) No Impact. The project will not interfere 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 as the City of Baldwin Park is within an urbanized area and not within five (5) miles of a wildlife corridor. IV(e) Less Than Significant with Mitigation Incorporated. The proposed project will involve the removal of nine (9) mature trees as defined by the City's Tree Regulations contained in Sections 153.565 through 153.575 of the City's 9 CP -780 & TM -71409 December, 2010 Municipal Code. The proposed removal of trees is in conflict with the City's Tree Regulations (Ordinance 1336). The table below lists the nine (9) trees that will be removed from the project site. The Developer will have to make application with the Tree Department to officially remove the trees prior to demolition. The impact from the removal of the trees will be mitigated with the introduction of new, drought - tolerant tree species that will be incorporated as a part of the project. Me)-1 Mitigation Measure: Developer shall provide at a minimum twenty (20) trees that are a minimum (24" or 36" box) in size. Trees shall be of a drought - tolerant variety and compliment the overall landscaping theme of the development project. The ultimate number of trees provided, in addition to their size and species, will be determined during the plan check phase of the project. IV(f) No Impact. The project proposal will not conflict with any provisions of an adopted habitat conservation plan, natural community conservation plan or any local, regional or state habitat conservation plan, as the City's General plan does not indicate any of the referenced plans which could be affected by the project proposal. Common Tree Name Botanical Tree Name Approximate Height of Tree Diameter of Tree 1. Champaca Micheiia Champaca Alba 60' 35" 2, Jacaranda Jacaranda mimosifolia 70' 25" 3. Jacaranda Jacaranda mimosifolia 70' 22" 4. Jacaranda Jacaranda mimosifolia 50' 14" 5. Japanese Pine Pinus thunbergii , 45' 18" 6. California Pepper Schinos molle 45' 45" 7. Walnut Juglans regal 40' 33" 8. Walnut Juglans regal 60' 38" 9. Walnut Juglans regal 60' 40" The Developer will have to make application with the Tree Department to officially remove the trees prior to demolition. The impact from the removal of the trees will be mitigated with the introduction of new, drought - tolerant tree species that will be incorporated as a part of the project. Me)-1 Mitigation Measure: Developer shall provide at a minimum twenty (20) trees that are a minimum (24" or 36" box) in size. Trees shall be of a drought - tolerant variety and compliment the overall landscaping theme of the development project. The ultimate number of trees provided, in addition to their size and species, will be determined during the plan check phase of the project. IV(f) No Impact. The project proposal will not conflict with any provisions of an adopted habitat conservation plan, natural community conservation plan or any local, regional or state habitat conservation plan, as the City's General plan does not indicate any of the referenced plans which could be affected by the project proposal. 10 Less Than Potentially Significant Less Than No V. CULTURAL RESOURCES Significant With Significant Impact Impact Mitigation Impact Incorporation Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource [! pursuant to Section 15064.5? c) Directly or indirectly destroys a unique paleontological resource or site or unique geologicai feature? 10 CP -780 & TM -71409 December, 2010 V(a) No Impact. The project will not cause a substantial adverse change in the significance of a historical resource. V(b) No Impact. The project will not cause a substantial adverse change in the significance of an archaeological resource. V(c) No Impact. The project will not directly or indirectly destroy a unique paleontological resource or geological feature. V(d) No Impact, The project is not expected to disturb any human remains. The City of Baldwin Park does not have any cemeteries. Less Than Potentially Significant Less Than No V. CULTURAL RESOURCES Significant With Significant Impact Impact Mitigation Impact Incorporation d) Disturb any human remains, including those interred outside of formal cemeteries? V(a) No Impact. The project will not cause a substantial adverse change in the significance of a historical resource. V(b) No Impact. The project will not cause a substantial adverse change in the significance of an archaeological resource. V(c) No Impact. The project will not directly or indirectly destroy a unique paleontological resource or geological feature. V(d) No Impact, The project is not expected to disturb any human remains. The City of Baldwin Park does not have any cemeteries. iIr Less Than Potentially Significant Less Than No VI, GEOLOGY AND SOILS Significant With Significant Impact Impact Mitigation Impact Incorporated Would the project: a) Expose people or structures to potential substantial adverse effects, including [✓� the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on [r other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result Q in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (✓� (1994), creating substantial risk to life or i iIr CP -780 & TM -71409 December, 2010 VI(a) No Impact. The proposed project will not expose people or structures to potential substantial adverse effects involving the rupture of a known earthquake fault. According to the City's General Plan, there are no active faults within the City of Baldwin Park, therefore no Alquist- Priolo Special Study Zones are within the City. Although there are no active faults within the City of Baldwin Park, there are several major faults surrounding the City that have the potential for causing major damage; however, the occurrence of direct ground rupture is not likely according to the City's General Plan. Potential for this type of activity is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. According to the Seismic Hazard Zones Map dated 3199 from the State Department of Geology and Mines, the project area is not within a liquefaction zone. VI(b) Less Than Significant Impact. Approval of this project will facilitate construction of seventeen (17) single- family dwelling units, which will involve disruption and compaction of affected soils. Construction may also result in over covering of the soil. A soils report will be required to be submitted for review and approval by the Engineering Division prior to the preparation of a grading plan. The grading plan will also be required to be reviewed and approved by the City Engineer prior to approval of any development of the site, and will include site - specific grading conditions to address the disruption of soils caused by grading activities. Increased erosion of soil may occur during the construction of the project, however, because the development will be built in its entirety, exposure of topsoils will be for a limited period of time only. In addition, the site is relatively flat, greatly reducing the erosion potential of the site. In the long term, soil erosion will be reduced, as those areas of the site, which are vacant, will be covered with structures, parking and driveway facilities, or be landscaped. 12 Less Than Potentially Significant Less Than No VI. GEOLOGY AND SOILS Significant with Significant Impact impact Mitigation Impact Incorporated property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems [� where sewers are not available for the disposal of waste water? VI(a) No Impact. The proposed project will not expose people or structures to potential substantial adverse effects involving the rupture of a known earthquake fault. According to the City's General Plan, there are no active faults within the City of Baldwin Park, therefore no Alquist- Priolo Special Study Zones are within the City. Although there are no active faults within the City of Baldwin Park, there are several major faults surrounding the City that have the potential for causing major damage; however, the occurrence of direct ground rupture is not likely according to the City's General Plan. Potential for this type of activity is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. According to the Seismic Hazard Zones Map dated 3199 from the State Department of Geology and Mines, the project area is not within a liquefaction zone. VI(b) Less Than Significant Impact. Approval of this project will facilitate construction of seventeen (17) single- family dwelling units, which will involve disruption and compaction of affected soils. Construction may also result in over covering of the soil. A soils report will be required to be submitted for review and approval by the Engineering Division prior to the preparation of a grading plan. The grading plan will also be required to be reviewed and approved by the City Engineer prior to approval of any development of the site, and will include site - specific grading conditions to address the disruption of soils caused by grading activities. Increased erosion of soil may occur during the construction of the project, however, because the development will be built in its entirety, exposure of topsoils will be for a limited period of time only. In addition, the site is relatively flat, greatly reducing the erosion potential of the site. In the long term, soil erosion will be reduced, as those areas of the site, which are vacant, will be covered with structures, parking and driveway facilities, or be landscaped. 12 CP -780 & TM -71409 December, 2010 VI(c) No Impact. The City is not located on a geological unit or soil that is unstable and could result in landslide, spreading liquefaction or collapse according to the Seismic Hazards Zone Map dated March 25, 1999 from the State Geologists Office. VI(d) No Impact, The City and the project area are located on a very low to very low expansive soil as defined in Table 18 -1 -B of the UBC (1997). Therefore the project will not create any risk to life or property. VI(e) No Impact. The proposed project's location does have sewers available for the disposal of wastewater. Furthermore, the soils at the proposed location can adequately support the use of the sewers. VII(a) No Impact. It is anticipated the project will generate negligible potential sources of Greenhouse Gas (GHG) Emissions through both direct and indirect activities including construction activities, landscape maintenance, natural gas usage, mobile source emissions, direct electricity usage, indirect electricity usage through the transport and use of water and indirect emissions from solid waste disposal. The General Plan currently allows for a density in the R -1, Single - Family Residential Zone of 8.7 dwelling units per acre (Baldwin Park 2020 General Plan), or thirteen (13) dwelling units. The project proposes seventeen (17) dwelling units, which is a net increase in the density of approximately thirty percent (30 %) from the base density in the R -1 Zone, as a result of the density bonus. This percentage increase will result in approximately 12.5 dwelling units per acre or four (4) dwelling units. The overall GHG Emission impacts from the additional four (4) dwelling units is negligible and it is anticipated that the proposed dwelling units will be significantly more energy efficient than the existing homes on the project site which were constructed in 1914 and 1932. Energy efficiency measures, which the project will adhere to, include new Title 24 Energy Standards as well as the new CalGreen Standards. 13 Less Than Potentially Significant Less Than No VII. GREENHOUSE EMISSIONS Significant With Significant Impact Impact Mitigation Impact Incorporated l Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII(a) No Impact. It is anticipated the project will generate negligible potential sources of Greenhouse Gas (GHG) Emissions through both direct and indirect activities including construction activities, landscape maintenance, natural gas usage, mobile source emissions, direct electricity usage, indirect electricity usage through the transport and use of water and indirect emissions from solid waste disposal. The General Plan currently allows for a density in the R -1, Single - Family Residential Zone of 8.7 dwelling units per acre (Baldwin Park 2020 General Plan), or thirteen (13) dwelling units. The project proposes seventeen (17) dwelling units, which is a net increase in the density of approximately thirty percent (30 %) from the base density in the R -1 Zone, as a result of the density bonus. This percentage increase will result in approximately 12.5 dwelling units per acre or four (4) dwelling units. The overall GHG Emission impacts from the additional four (4) dwelling units is negligible and it is anticipated that the proposed dwelling units will be significantly more energy efficient than the existing homes on the project site which were constructed in 1914 and 1932. Energy efficiency measures, which the project will adhere to, include new Title 24 Energy Standards as well as the new CalGreen Standards. 13 CP -780 & TM -71409 December, 2010 VII(b) No, Impact. The proposed project is required to link into the existing sewer system which currently exists on Stichman Avenue and Vineland Avenue. The existing soils in this area can adequately support the proposed connection into the existing sewer system for the disposal of waste water. Viil(a) Less Than Significant With Mitigation incorporation. The project is not anticipated to create a significant hazard to the public through the routine transport, use or disposal of hazardous materials. Because of the unknown content of substances that may be present in the existing structures, a demolition �4 Less Than Vlll. HAZARDS AND HAZARDOUS Potentially Significant Less Than No MATERIALS Significant Impact With Mitigation Significant Impact act Impact Incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine 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 involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials , substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response [� plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent [� to urbanized areas or where residences are intermixed with wildlands? Viil(a) Less Than Significant With Mitigation incorporation. The project is not anticipated to create a significant hazard to the public through the routine transport, use or disposal of hazardous materials. Because of the unknown content of substances that may be present in the existing structures, a demolition �4 CP -780 & TM -71409 December, 2010 permit will not be granted until such time the results of a test of potential hazardous substances is disclosed to the city. VIII(a) -1 Mitigation Measure: Should the results of the test show the existence of hazardous materials or substances, the project will be subject to the abatement requirements for mitigation. V111(b) No Impact. There will be no significant hazard to the public or the environment regarding the upset or release of hazardous materials into the environment. V111(c) No Impact. The project is located within 500 feet of Charles D. Jones Middle Junior High School. Although the project is not anticipated to create a significant hazard to the public through the routine transport, use or disposal of hazardous materials, because of the unknown content of substances present in the existing structures, a demolition permit will not be granted until such time the results of a test of potential hazardous substances is disclosed to the City. V111(c) -1 Mitigation Measure: Should the results of any hazardous materials or substances testing show the existence of hazardous materials or substances, the project will be subject to the abatement requirements for mitigation. The Applicant shall be required to follow any stated protocol associated with the handling of hazardous materials or substances within 500 feet of an educational institution, public or private. V111(d) No Impact. The proposed project is not located on a site that is included on a list of hazardous materials sites. V111(e) No Impact. The project is not located within an airport land use plan or within two miles of a public airport, and therefore would not create a hazard to people residing or working in the area. V111(f) No Impact. Since the project is not within the vicinity of a private airstrip, the project would not create a safety hazard for people residing or working in the project area. V111(g) No Impact. According to the City's Emergency Operations Coordinator, the project proposal will not impair implementation or physically interfere with the City's adopted emergency plan or emergency evacuation plan. V111(h) No Impact. The project proposal is within a highly urbanized area and will therefore not expose people or structures to a significant risk of loss, injury or death involving wildland fires. 15 CP -780 & TIO -71409 December, 2010 IX. HYDROLOGY AND WATER Potentially Less Than significant with Less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g. the production (� rate of pre - existing nearby wells would drop to a level which would not support existing land -uses or planned uses for which permits have been gran ted ? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in i substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of a site or an area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or [� provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect Q flood flows? 1) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) inundation by seiche, tsunami, or mudflow? [� IX(a) No Impact. The proposed project will not violate any water quality standards or waste discharge requirements, as the facility will generate minimal amounts of solid waste typical for this particular commercial /retail use. In addition, the 16 CP -780 & TI%4 -71409 December, 2010 applicant will be required to implement the requirements of the National Pollution Elimination Discharge System (NPDES), which regulates water quality runoff. IX(b) No Impact. The proposed project will not deplete groundwater supplies or interfere with groundwater recharge. IX(c) No Impact. The proposed project will not substantially alter the course of an adjacent stream or river, which would result in erosion, or siltation of the site as there is no stream or river running through the City, which the exception of the channelized San Gabriel River. IX(d) No Impact. The proposed project will not substantially alter the drainage patterns of the City and will not alter the course of a stream or river, as there are no streams or rivers in the City with the exception of the channelized San Gabriel River. IX(e) No Impact. The proposed project will not create or contribute run -off, which would exceed the capacity of the existing storrn drain system. Nor will the proposed project provide any polluted run -off. IX(f). Less Than Significant Impact. The project will result in an increase in the amount of impervious surfaces on the project site. However, runoff from these impervious surfaces is not anticipated to degrade existing water quality. Furthermore, the applicant will be required to implement the requirements of the National Pollution Elimination Discharge System (NPDES), which regulates water quality runoff and which requires the implementation of Best Management Practices (BMP's) to ensure the quality of water runoff. IX(g). No Impact. The project proposal will not place housing within a 100 -year flood hazard area. Furthermore, the City is not within a Flood Zone. Federal Emergency Management Association (FEMA) has the City of Baldwin Park classified as Zone X, No Chance of Flooding. The City's Community Number is 060100. IX(h). No Impact. The proposal is not within a 100 -year flood hazard area. FEMA has classified the City of Baldwin Park as Zone X —No Chance of Flooding. 1X(i). No Impact. The project proposal will not expose people or structures to a significant risk of loss involving flooding as a direct result of the failure of a levee or dam. Although the Santa Fe dam is located directly adjacent to the City across Arrow Highway, large -scale flooding as a result of failure of this particular dam is negligible due to the design of the dam in that water is present in the dam only a few months of the year. 1X(j). No Impact. Since Baldwin Park is an inland City, it could not experience a tsunami and the few bodies of water in Baldwin Park are small enough that they would not be able to produce a seiche large enough to cause any damage. V CP -780 & TM -71409 December, 2010 Furthermore, Baldwin Park is an urbanized City with no hillsides to speak of and therefore, damage caused by mudflow would be negligible. X(a) No Impact. The proposed project will not physically divide an established community. X(b) Less Than Significant with Mitigation Incorporated. The proposed project as presented exceeds the maximum allowable density as stated in the City's General Plan for the R-1, Single - Family Residential Zone and does not meet the minimum development standards as contained in the City's Zoning Code. However, Goal 3.0 in the Housing Element states "Assist in the development of affordable housing to low and moderate income households ". The proposed project does not comply with the density and development standards because the Developer is requesting a density bonus which will allow for additional dwelling units to be constructed and available for purchase by low income households, thereby working toward the goal of providing affordable housing for all income groups. The City's Zoning Code requires a conditional use permit for projects that request a density bonus. The project conforms to the goals of the General Plan and the City's Zoning Code and Design Guidelines. X(b) -1 Mitigation Measure: Applicant shall submit a complete application to the City for a conditional use permit for the proposed density bonus. Deviations from the City's Zoning Code minimum development standards as a result of the increased density shall be incorporated into the conditional use permit application. X(c) No Impact. Currently the City has no habitat conservation plans or natural community conservation plans which would possible be affected by the proposed project. 18 Less Than Potentially Significant Less Than No X. LAND USE AND PLANNING Significant With significant ;n�pact lm pact Mitigation Impact incorporated Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat _ conservation plan or natural community [� conservation plan? X(a) No Impact. The proposed project will not physically divide an established community. X(b) Less Than Significant with Mitigation Incorporated. The proposed project as presented exceeds the maximum allowable density as stated in the City's General Plan for the R-1, Single - Family Residential Zone and does not meet the minimum development standards as contained in the City's Zoning Code. However, Goal 3.0 in the Housing Element states "Assist in the development of affordable housing to low and moderate income households ". The proposed project does not comply with the density and development standards because the Developer is requesting a density bonus which will allow for additional dwelling units to be constructed and available for purchase by low income households, thereby working toward the goal of providing affordable housing for all income groups. The City's Zoning Code requires a conditional use permit for projects that request a density bonus. The project conforms to the goals of the General Plan and the City's Zoning Code and Design Guidelines. X(b) -1 Mitigation Measure: Applicant shall submit a complete application to the City for a conditional use permit for the proposed density bonus. Deviations from the City's Zoning Code minimum development standards as a result of the increased density shall be incorporated into the conditional use permit application. X(c) No Impact. Currently the City has no habitat conservation plans or natural community conservation plans which would possible be affected by the proposed project. 18 CP -780 & TM -71409 December, 2030 XI(a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ -2), an area where "adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their- presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all -.such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and /or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. Less Than Potentially Significant Less Than No Xl. MINERAL RESOURCES Significant With significant Impact impact Mitigation Impact incorporated Would the project: .. a) Result in the loss of availability of a known mineral resource that would be of value to the [� region and the residents of the state? ✓� b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI(a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ -2), an area where "adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their- presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all -.such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and /or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. 19 Less Than Potentially Significant Less Than No XII, NOISE Significant With Significant impact Impact Mitigation Impact Incorporated Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ✓� ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity Q above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without_ the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or Q public use airport; would the project expose people residing or working in the project area to excessive noise levels? 19 CP -780 & TM -71409 December, 2010 XII(a) Less Than Significant Impact. The proposed project will not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan, noise ordinance or applicable standards of other agencies. Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall noise levels to an acceptable range. (See XI (d), below) Increased population and development will result in increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.). This increase is considered to be less than significant. XII(b) No Impact. The project will not result in the exposure of persons to generation of excess ground borne vibration or ground borne noise levels. XII(c) Less Than Significant Impact. The project could result in increases in ambient noise levels, caused primarily by increased vehicular traffic both on and off site as well as trash pickup services once the development is operational and the condominiums are occupied. However, none of these noise - related activities is anticipated to create substantial permanent increases of ambient noise levels. XII(d) Less Than Significant with Mitigation Incorporation. The project will generate periodic short -term increases in ambient noise levels above existing levels due to construction activities. Short -term construction related noise impacts, however, would be reduced to less than significant levels with mitigation measures. Mitigation Measures: Measures to reduce short -term construction- related noise impacts include the following: Mitigation Measure Xl d -1: Project construction shall be limited to the period from 7:00 a.m. to 7:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 5:00 p.m. on Saturdays. Construction during other periods or on Sundays would be limited to emergencies and activities determined to be in the interest of the general public. Mitigation Measure XI(d) -2: Contractors shall comply with all local sound control and noise level rules, regulations, and ordinances that apply to 20 Less Than Xll. NOISE Potentially Significant Less Than �O Significant With Significant Impact Impact Mitigation Impact incorporated f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII(a) Less Than Significant Impact. The proposed project will not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan, noise ordinance or applicable standards of other agencies. Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall noise levels to an acceptable range. (See XI (d), below) Increased population and development will result in increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.). This increase is considered to be less than significant. XII(b) No Impact. The project will not result in the exposure of persons to generation of excess ground borne vibration or ground borne noise levels. XII(c) Less Than Significant Impact. The project could result in increases in ambient noise levels, caused primarily by increased vehicular traffic both on and off site as well as trash pickup services once the development is operational and the condominiums are occupied. However, none of these noise - related activities is anticipated to create substantial permanent increases of ambient noise levels. XII(d) Less Than Significant with Mitigation Incorporation. The project will generate periodic short -term increases in ambient noise levels above existing levels due to construction activities. Short -term construction related noise impacts, however, would be reduced to less than significant levels with mitigation measures. Mitigation Measures: Measures to reduce short -term construction- related noise impacts include the following: Mitigation Measure Xl d -1: Project construction shall be limited to the period from 7:00 a.m. to 7:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 5:00 p.m. on Saturdays. Construction during other periods or on Sundays would be limited to emergencies and activities determined to be in the interest of the general public. Mitigation Measure XI(d) -2: Contractors shall comply with all local sound control and noise level rules, regulations, and ordinances that apply to 20 CP -780 & TM -71409 December, 2010 any work performed pursuant to the contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without the said muffler XII(e) No Impact. The City of Baldwin Park is not located within an airport land use plan not within two miles of an airport. Therefore, the project will not expose people to excessive noise levels. X11(f) No Impact. The City of Baldwin Park is not within the vicinity of a private airstrip. Therefore, the project will not expose people to excessive noise levels. X111(a) Less Than Significant Impact. The construction of seventeen (17) two -story single - family dwelling units may result in an indirect increase in the local population by attracting new residents. This could result in minimally higher levels of traffic and increased demands on municipal agencies. However, it is not anticipated that this population increase will be significant. The project will involve the demolition of three (3) single - family dwellings, which will then result in a net increase of fourteen (14) units. The net increase of fourteen (14) residential units will increase the population of the area, which may result in minimally higher levels of traffic and increased demands on municipal agencies. The increase in population will not create a significant impact. According to the most recent Population and Housing Estimates for individual cities from the California Department of Finance (2009), a slight increase would be expected to occur with an average of 4.6 persons per dwelling unit, which creates an approximate net increase of sixty -four (64) persons. Pil Less Than XIII. POPULATION AND HOUSING Potentially Significant Impact Significant With Mitigation Less Than Significant impact No impact incorporated ' Would the project: — - - -- -- T -- - - -- - a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for [!� example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of Q replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of repiacernent [✓( housing elsewhere? X111(a) Less Than Significant Impact. The construction of seventeen (17) two -story single - family dwelling units may result in an indirect increase in the local population by attracting new residents. This could result in minimally higher levels of traffic and increased demands on municipal agencies. However, it is not anticipated that this population increase will be significant. The project will involve the demolition of three (3) single - family dwellings, which will then result in a net increase of fourteen (14) units. The net increase of fourteen (14) residential units will increase the population of the area, which may result in minimally higher levels of traffic and increased demands on municipal agencies. The increase in population will not create a significant impact. According to the most recent Population and Housing Estimates for individual cities from the California Department of Finance (2009), a slight increase would be expected to occur with an average of 4.6 persons per dwelling unit, which creates an approximate net increase of sixty -four (64) persons. Pil CP -780 & TM -71409 December, 2010 XIII(b) No Impact. The proposed project will not displace substantial numbers of existing housing necessitating the construction of replacement housing. X111(c) No Impact. The proposed project will not displace a substantial number of individuals or families necessitating the construction of replacement housing as the project will be in compliance with the General Plan and applicabie zoning regulations. XIV(a) Less Than Significant Impact. The proposed project should not result in the additional need for new or altered fire protection and will not alter acceptable service ratios or response times. Whether or not the project would require additional police service or fire staff depends on the total requirements of the City and County. Currently, Los Angeles County Fire Station 29 serves the City, which is located at Los Angeles Street and Maine Avenue. XIV(b) Less Than Significant Impact. Public services are already in place to serve this development. An increase in public services would be considered less than significant. The project may result in some increase in police calls. XVI(c) Less Than Significant Impact with Mitigation Incorporation. The net impact of the project on the school facilities will be minimal. There would be a slight increase in local school enrollment. If viewed as an isolated occurrence, the project will result in an anticipated net increase in population of up to sixty -four (64) persons (14 units x 4.6 persons per unit) with up to twenty -six (26) school - aged children (40% of the total between the ages of 0 -20). School impact fees 22 Less Than Potentially Significant Less Than �o XIV. PUBLIC SERVICES Significant With Significant impact Impact Mitigation Impact Incorporated a) Would the project result in substantial _T 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 o; vironmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [✓� Police protection? Schools? [✓� Parks? [✓� Other public facilities? Q XIV(a) Less Than Significant Impact. The proposed project should not result in the additional need for new or altered fire protection and will not alter acceptable service ratios or response times. Whether or not the project would require additional police service or fire staff depends on the total requirements of the City and County. Currently, Los Angeles County Fire Station 29 serves the City, which is located at Los Angeles Street and Maine Avenue. XIV(b) Less Than Significant Impact. Public services are already in place to serve this development. An increase in public services would be considered less than significant. The project may result in some increase in police calls. XVI(c) Less Than Significant Impact with Mitigation Incorporation. The net impact of the project on the school facilities will be minimal. There would be a slight increase in local school enrollment. If viewed as an isolated occurrence, the project will result in an anticipated net increase in population of up to sixty -four (64) persons (14 units x 4.6 persons per unit) with up to twenty -six (26) school - aged children (40% of the total between the ages of 0 -20). School impact fees 22 CP -780 & TM -71409 December, 2010 collected prior to occupancy are intended to offset any potential demand for new school facilities. Mitigation Measures: School Development Fees in the amount of $2.97 /sq.ft. shall be paid to the Baldwin Park Unified School District prior to obtaining building permits. Theses fees are considered to provide full and complete school facilities mitigation. XVI(d) Less Than Significant Impact. This development is not expected to significantly impact the City's existing parks or recreational facilities, The City's Parkland in -lieu Fee, which is collected prior to occupancy, is intended to offset any potential demand for recreational facilities. XVI(e) No Impact. The proposed project will not require the need for new or physically altered public facilities. XV(a) No Impact, The proposed project is not expected to significantly impact the City's existing parks or recreational facilities. As stated prior, the City's Parkland in -lieu fees are paid prior to the occupancy of the dwelling units. XV(b) No Impact. The proposed project does not require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 23 Less Than Potentially Significant Less Than No XV. RECREATION Significant With Significant Impact Impact Mitigation Impact incorporated a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial Q physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of Q recreational facilities which might have an adverse physical effect on the environment? XV(a) No Impact, The proposed project is not expected to significantly impact the City's existing parks or recreational facilities. As stated prior, the City's Parkland in -lieu fees are paid prior to the occupancy of the dwelling units. XV(b) No Impact. The proposed project does not require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 23 CP -780 & TM -71409 December, 2010 XVI(a) less Than Significant impact. The proposed project will result in an increase in vehicle trips generated during the weekdays. The net increase of fourteen (14) residential units will result in an increase of approximately 134 vehicle trips per day. However, ingress and egress to the dwelling units in the project site will be provided from Stichman Avenue and Vineland Avenue. XVI(b) No Impact. The proposal will not exceed a level of service standard established by the County Congestion Management Agency for designated roads or highways. The project is not located on roads considered designated by the Los Angeles County Congestion Management Agency (MTA). It is anticipated that the overall development will have a negligible increase in the vehicle trips generated from the site. XVI(c) No Impact. The proposal will not result in a change or increase in air traffic patterns or levels that result in substantial safety risks. 24 Less Than Potentially Significant Less Than No XVi. TRANSPORTATION/ TRAFFIC Significant with Significant Impact Impact Mitigation Impact Incorporated Would the project: a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and Q relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestions management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI(a) less Than Significant impact. The proposed project will result in an increase in vehicle trips generated during the weekdays. The net increase of fourteen (14) residential units will result in an increase of approximately 134 vehicle trips per day. However, ingress and egress to the dwelling units in the project site will be provided from Stichman Avenue and Vineland Avenue. XVI(b) No Impact. The proposal will not exceed a level of service standard established by the County Congestion Management Agency for designated roads or highways. The project is not located on roads considered designated by the Los Angeles County Congestion Management Agency (MTA). It is anticipated that the overall development will have a negligible increase in the vehicle trips generated from the site. XVI(c) No Impact. The proposal will not result in a change or increase in air traffic patterns or levels that result in substantial safety risks. 24 CP -780 & TIN -71 409 December, 2010 XVI(d) Less Than Significant Impact. The proposed project is not anticipated to increase hazards due to a design feature or incompatible uses. Although the project involves the extension of an existing street into a cul -de -sac (Stickman Avenue) and the construction of a cul -de -sac bulb off of Vineland Avenue, the proposed streets will be development and constructed in accordance with the most recently adopted City of Baldwin Park street design standards. Ten of the new dwelling units will have access from Stichman Avenue which will be extended into a cul -de -sac, and four (4) units will have access from the new cul- de -sac bulb off of Vineland Avenue. The remaining three (3) dwelling units will have direct access to Vineland Avenue. XVI(e) No Impact. The project will not result in inadequate emergency access as the project extends Stichman Avenue into a cul -de -sac, and proposes a new cul -de- sac bulb off of Vineland Avenue. Both streets are designed in accordance with the most recently adopted City Street design standards. XVi(f) No Impact. The proposed project will not have an impact on existing parking facilities or create a need for new parking as the project proposal meets the minimum number of on -site garage parking spaces as required by the city's Zoning Code. Furthermore, some street parking will also be available as a result of the extension of Stichman Avenue and construction of the cul -de -sac bulb off of Vineland Avenge. XVI(g) No Impact. The proposed project will not conflict with adopted policies, plans or programs supporting alternative transportation. 25 Less Than XVII. UTILITIES AND SERVICE Potentially Significant Less Than No SYSTEMS Significant With Significant Impact p Impact Mitigation Impact Incorporated Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Q Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction [� of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of Q existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 25 CP -780 & TM -71409 December, 2010 XVII(a) No Impact.. The proposed project will not exceed wastewater treatment requirements of the Regional Water Quality Control Board, XVII(b) No Impact. The proposed project will not require the construction of new water or wastewater treatment facilities or the expansion of existing facilities. XVII(c) No Impact. The project site is not within a flood zone area. The increase in impervious surfaces will marginally increase runoff from the project area. The project will be required to provide satisfactory drainage to available storm drains. XVII(d) No Impact. The project will not affect existing water supplies provided to the City. XVII(e) No Impact. The proposed project will not result in a determination by the watershed treatment provider that it has inadequate capacity to serve existing and future demands. XVII(f) Less Than Significant Impact. Construction of the single- family dwelling units will minimally increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level, The City, in an effort to reduce the amount of solid waste disposed, currently encourages recycling by residences, including the recycling of paper, glass, plastic and aluminum. Waste Management, the City's waste hauler, utilizes the Puente Hills landfill which has enough permitted capacity to accommodate the proposed project's waste disposal needs. XVII(g) No Impact. The proposed project will comply with all federal, state and local statutes relating to solid waste. 26 Less Than XVII. UTILITIES AND SERVICE Potentially Significant Less Than No SYSTEMS Significant With Significant Impact A impact Mitigation Impact Incorporated e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the [( project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII(a) No Impact.. The proposed project will not exceed wastewater treatment requirements of the Regional Water Quality Control Board, XVII(b) No Impact. The proposed project will not require the construction of new water or wastewater treatment facilities or the expansion of existing facilities. XVII(c) No Impact. The project site is not within a flood zone area. The increase in impervious surfaces will marginally increase runoff from the project area. The project will be required to provide satisfactory drainage to available storm drains. XVII(d) No Impact. The project will not affect existing water supplies provided to the City. XVII(e) No Impact. The proposed project will not result in a determination by the watershed treatment provider that it has inadequate capacity to serve existing and future demands. XVII(f) Less Than Significant Impact. Construction of the single- family dwelling units will minimally increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level, The City, in an effort to reduce the amount of solid waste disposed, currently encourages recycling by residences, including the recycling of paper, glass, plastic and aluminum. Waste Management, the City's waste hauler, utilizes the Puente Hills landfill which has enough permitted capacity to accommodate the proposed project's waste disposal needs. XVII(g) No Impact. The proposed project will comply with all federal, state and local statutes relating to solid waste. 26 CP -780 & TM -71405 December, 2010 XVIII(a) No Impact. The proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish. or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory. XVIII(b) Less Than Significant Impact. The project does have impacts that are individually limited and which are less than significant or can be mitigated to levels of insignificance through the incorporation of mitigation measures. Cumulative impacts related to the project include incremental environmental effects that could be termed significant when considering not only this project and its impacts but also cumulative impacts of projects that are located in the same general vicinity. However, cumulative impacts have been previously addressed in the General Plan Environmental Impact Report (EIR). The EIR addressed cumulative environmental impacts resulting from future development that is consistent with the goals, policies, and land use patterns of the City's adopted General Plan. This project, and similar projects in the same general vicinity, are consistent with the General Plan, and their cumulative environmental effects have already been analyzed and have been determined to be either less than significant or less than significant with mitigation incorporation. 27 Less Than XVIII. MANDATORY FINDINGS OF Potentially Significant Less Than No SIGNIFICANCE Significant Impact With Mitigation Significant Impact Impact Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project Q are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future ro'ects. c) Does the project have environmental effects which will cause substantial adverse effects on [v� human beings, either directly or indirectly? XVIII(a) No Impact. The proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish. or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory. XVIII(b) Less Than Significant Impact. The project does have impacts that are individually limited and which are less than significant or can be mitigated to levels of insignificance through the incorporation of mitigation measures. Cumulative impacts related to the project include incremental environmental effects that could be termed significant when considering not only this project and its impacts but also cumulative impacts of projects that are located in the same general vicinity. However, cumulative impacts have been previously addressed in the General Plan Environmental Impact Report (EIR). The EIR addressed cumulative environmental impacts resulting from future development that is consistent with the goals, policies, and land use patterns of the City's adopted General Plan. This project, and similar projects in the same general vicinity, are consistent with the General Plan, and their cumulative environmental effects have already been analyzed and have been determined to be either less than significant or less than significant with mitigation incorporation. 27 CP -780 & TM -71409 December, 2010 XVIII (c) Less Than Significant Impact. The project does not create environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. 0 ATTACHMENT #8 MITIGATION MONITORING MATRIX U LU O O: O_ LIJ U a LU J a LL. Lu J 0 z V5 a T� i U F N O a J LL! z z O a 0 0 U U ❑ a O C O a 2 Q w w a> a� A� a� ..a co a ro a IL ❑ ❑ ❑ ❑ O U z O a a o v 0) h W aJ a) (1) n CL n EO C F- O E O EL O EL U O 'N U O .N U O .z U O .M L.. t,. L L > L.. 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(� Cn O— 'O S �a)�o0CLM U 2 Z a w U z 0 U Z LU z Z m X X X 0' N _ O O O O O z � a) O N O a) L" —i CO Z U!? z 0 / \ \ 0 O EG el 2 \) \5 0 _ ƒf \\ F- ® o Q Z / \ � _ s U m3 \ /\ § b >)5 mac\ m =cz o�� k % � ƒ % AA7 / / %§\ \ 3 2 E Eoae § f £ £ §w CL ma \ \> as kj 5 E`5� � < / 2 ° ° R E m E E� \ / /Ek /\ z 5 2 §b / /%� / ƒ� /W7/ cog.G«= CL.C_0 o= & 0 0 < _ e a) e e@ 0 2 E = < m a 5 c « « ±«c3 22 -; a)0 \ § : ° z / % ° § � / �2 cr) 0 e 2 - d / 2 2 O o I ¥¥« \f / \n o E 2 % § § m@fO&u0 § 0 § Q < = § / > z D k j / § � \ / � ATTACHMENT #9 DRAFT MINUTES FROM THE JANUARY 26, 201'1 PLANNING COMMISSION MEETING CITY OF BALDWIN PARK Planning Commission MINUTES WEDNESDAY, JANUARY 26, 2011 7;00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park James R. Dexter II, Chair Angela Alvarado, Vice Chair Ralph Galvan and David L. Muse Commissioners The Planning Commission of the City of Baldwin Park met in Regular Session at the above time and place. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair James R. Dexter 11, Vice Chair Angela Alvarado, Commissioners Ralph Galvan and David L. Muse: ` Absent: None Also Present: Amy Harbin, City Planner, Jorge Zarza, Assistant Planner, Gina J. Kim, Assistant City Attorney, Marc.Castagnola, Community Development Manager and Pabiola Salceda, Secretary. PUBLIC COMMUNICATIONS Chair Dexter declared Public Communications OPEN. Greg Tuttle, 14845 E Ramona Blvd., wanted to know if the revised Ordinance 1290 has gone into effect. He also wanted to know what was going on with the Superior shopping center and stated that he has had complaints from people that the cost of Building permits was outrageous in comparison to other nearby cities. There being no further interest, Chair Dexter declared Public Communications CLOSED. CONSENT CALENDAR 1) Minutes from January 12, 2010 Chair Dexter motioned to APPROVE Consent Calendar, seconded by Commissioner Galvan. All in favor. SET MATTERS - PUBLIC HEARINGS Chair Dexter announced that he would recuse himself from consideration of Items 2 and 4 because he owns property within the 500 foot radius of the cases being presented. He stated that Item 3 would be moved to Item 1 to save time. 2) CONTINUED FROM JANUARY 12,2011 , A REQUEST FOR CONSIDERATION OF A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT TO EXPAND THE EXISTING FLOOR AREA TO INCLUDE A NEW DANCE AREA AND ADDITIONAL BATHROOMS TO AN EXISTING RESTAURANT WITH ON -SITE SALES OF DISTILLED SPIRITS, PURSUANT TO SECTION 153.502(C)(1)(2) OF THE CITY'S MUNICIPAL CODE. (LOCATION: 13310 RAMONA BLVD., UNITS A -E; APPLICANT: JOSE LUIS PADILLA; CASE NO.: CP -783) Staff recommends that the Planning Commission leave the public hearing open, receive any public comment and continue the item to the February 23, 2011 meeting of the Planning Commission. Chair Dexter called for the staff report to the Commission. City Planner Harbin presented staff report to the Commission. Chair Dexter stated that the public hearing was still. OPEN and called for any comments. Anna Garcia, 13360 Ramona Blvd., stated that although Uruapan Restaurant has really great food and nice'music on Sunday; Thursday, Friday and Saturday nights it is a big disruption with fi.gh.ts on the streets, racing, and shootings. She is concerned for her teenaged kids when.they get dropped off in front of her gated community. Arcelia Avila, 3819 Foster Avenue, lives behind .the restaurant. Her concern is that on Thursday, Friday and Saturday nights there is too much noise, racing, and fights. She added that it is a great restaurant. Alicia Garcia, 13360 Ramona Blvd., stated that when she gets dropped off at her gate, she is afraid of what can happen with all the fights and racing. Magda Toreilas, 14522 Clark Street, stated that safety, security and sanitation were the most important. The City and business owners must come to an understanding about the conduct of the patrons at the restaurant as they leave intoxicated. The owners must be made responsible and have their business under control so that local residents are not affected. There being no further comments, Chair Dexter stated that based on staff recommendation, the Public Hearing will remain OPEN and item will be continued to February 23, 2011 Planning Commission Meeting. Chair Dexter announced that he would recuse himself from consideration of the next 2two items because he owns property within the 500 foot radius of the cases being presented. Chair Dexter stated that Vice Chair Alvarado would conduct the Public Hearings for those cases. Chair Dexter recused himself to the Council Chambers conference room. 3) CONTINUED FROM JANUARY 12, 2011. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A FINANCIAL INSTITUTION (WELLS FARGO) WITHIN THE FC (SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE, PURSUANT TO SECTION 153.152 (D) OF THE CITY'S MUNICIPAL CODE. (LOCATION: 14460 MERCED AVENUE, SUITE 130; APPLICANT: ROB JACKNEWITZ, REPRESENTING WELLS FARGO BANK; CASE NO: CP -781). " Vice Chair Alvarado called for the staff report to the Commission. City Planner Harbin presented the staff report to the Commission. Vice Chair Alvarado called for Commission questions to staff. Commissioner Galvan asked if it was possible to change condition of approval #9 from 30 days to 90 days. City Planner Harbin replied that staff would make the change as requested. Vice Chair Alvarado inquired about hiring Baldwin Park residents and wanted to add a condition of approval that would state that the applicant would have to hire some residents. Applicant Rob Jacknewitz replied that it is out of his control and that they were removed from staffing. Commissioner Muse asked if the applicant can take this request of hiring within the City back to Wells Fargo and maybe consider some internships. Mr. Jacknewitz stated that he would take the Commission request back to Regional representatives for consideration. There being no further discussion, Vice Chair Alvarado declared Public Hearing OPEN. Magda Torellas, 14522 Clark Street, spoke against the item stating that the City does not need another bank and that a Credit Union was promised in the past. There being no further comments, Vice Chair Alvarado declared Public Hearing CLOSED. Vice Chair Alvarado called for a motion. Motion: APPROVE Resolution PC 11 -03 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR A FINANCIAL INSTITUTION (WELLS FARGO). (LOCATION: 14460 MERCED AVENUE, SUITE 130; APPLICANT: ROB JACKNEWITZ, REPRESENTING WELLS FARGO BANK; CASE NO.: CP -781) Moved by Commissioner Muse, seconded by Commissioner Galvan. All in favor. 4) CONTINUED FROM JANUARY 12, 2011. A REQUEST FOR CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CONDITIONAL USE PERMIT FOR A DENSITY BONUS OR OTHER INCENTIVES PURSUANT TO SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW, AND A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS. (LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID COOK, REPRESENTING DC CORPORATION; CASE NUMBERS: TM -71409 AND CP -780) Staff recommends that the Planning Commission open the public hearing and following the public hearing adopt Resolution PC 11 -01, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK (1) ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (2) APPROVING A CONDITIONAL USE PERMIT FORA DENSITY BONUS OR.OTHER INCENTIVES IN ACCORDANCE WITH SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW; AND (3) APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO SEVENTEEN (17) LOTS. FOR RESIDENTIAL PURPOSES; (LOCATION: 3346 -3354 VINELAND AVENUE; APPLICANT: DAVID COOK, REPRESENTING DC CORPORATION; CASE NUMBERS: CP -780 and TM-71409)'.'..... Vice Chair Alvarado called for staff report to Commission. City Planner Harbin presented staff report to Commission. Vice Chair Alvarado called for Commission questions to staff. There being no Commission questions, Vice Chair Alvarado declared Public Hearing OPEN. Magda Torellas, 14522 Clark Street, stated that there will be too many cars parked along the street. She added that the developer needs to look at the parking issue. Brenda De La Torre, 3300 Stichman Avenue, spoke against project and opposes the opening of the street. She added that she would like to keep her privacy. Mauricio Ortiz, 3272 Stichman Avenue, completely opposes the opening of the street. He stated that families will have 3 to 4 cars per home and there will be too many cars on the street. He would like the street to stay the way it is. Gerardo Gomez, 3265 Stichman Avenue, stated that there will be too much traffic and congestion. He has lived there for 18 years and would like Commission to reconsider the proposed project. Diana B., 3265 Stichman Avenue, spoke against the proposed project and would like the neighborhood as it is. Greg Tuttle, business owner, spoke against proposed project and stated that the properties square footage did not meet state requirements unless it was low- income housing. He added that Baldwin Park does not need to be crowded, it needs more open space. He stated that the proposed project needs to go back to California standards of 5,000 square feet. Cruz Sembello, corner of Clark and Alderson, stated that her main concern was emergency vehicle access such as fire trucks. She added that there would be too many cars on the street. Vineland Street is a busy street already and on weekends it will be one big parking lot. Terry Muse, 3575 Vineland Avenue, had a concern of the drive -ways of the properties. She stated that the drive -ways are too short and that there should be adequate room for parking. She added that this development should have good aesthetics. Don Cook, Baldwin Park Homes, 14579 San Bernardino' Road, wanted to address the questions and concerns of the public hearing. He started off saying that this tentative tract map was on its 7th version. He has been working with the City Engineer, City Planner and the Director of Community Development. He stated that right now the tract is split with 7 units off of Vineland and 10 units off of Stichman. He wanted to minimize traffic on each street. He concluded to. say that at the present. time, Stichman Avenue just stops and that there is no cul -de -sac which is not consistent with the Fire Code. The new design will exceed the Fire Code and will allow fire trucks to enter and make complete turns with no problem. He also stated that there is a terrible shortage of fire hydrants. The only fire hydrant that serves this area is on the west corner of Vineland and Merced. He stated that the project would include a fire hydrant on Vineland and another one on Stichman within the proposed area.. With regards to street parking, Mr. Cook met with Community Develo .pment Manager Castagnola and made the drive -ways 18 feet or longer which exceeds the City's code. for parking. The set -backs for the properties are up to Code. With regards to cars driving through; Mr. Cook stated that the only people who will be driving through will be the new neighbors. He suggested that they can consider speed bumps. As for affordable housing, the State standards say that you need to build each unit exactly the same and his proposed project meets the State and City standards. He added that there will be 400 to 500 people working on his project and will employ majority of Baldwin Park businesses. Mr. Cook's project will provide about $200,000 - $300,000 in permits and fees, about $96,500 in school fees and about $24,000 in sewer fees. His proposed project will bring money to the City, jobs to the City and it is Code based on the affordable component. He felt he answered all questions and any that Commission might have. Vice Chair Alvarado called for Commission questions to applicant. Commissioner Muse thanked Mr. Cook for attending the meeting. He asked if the current width on Stichman would be the same width after the cul -de -sac is constructed. Community Development Manager Castagnola replied that the cul -de -sac would be consistent to the existing street. Commissioner Muse also asked if the drive -ways were all going to be 18 feet in length. His concern was that units 1, 2, 9, 10, 11 and 17 were not 18 feet long. Mr. Cook replied that all the drive -ways were 18 feet long in length or longer from the back of the sidewalk. Commissioner Muse asked if unit 11 and 17 were going to have a grassy area. Mr. Cook replied that there will be a parkway and landscaping and that City Planner Harbin requested that he plant 20 more trees of yard and extra trees to compensate for any trees taken out. There will be an official landscaping plan that will be submitted to staff. Vice Chair Commissioner Alvarado called for questions from the audience. Resident from Stichman Avenue asked if the traffic has been observed at night after the current residents come home from work. He feels that it will be congested because of the traffic vehicles. Magda Torellas, 14522 Clark Street, asked dif anyone ever heard of underground parking. She stated that the way things are going that is where we are moving to. She asked about visitor parking, handicap parking and fighting over parking spaces. Alicia Garcia, 13360 Ramona Blvd., stated thatshe was the future of Baldwin Park and wanted to know if the homes were going to still be beautiful 50 years from now. Brenda De LaTorre, 3300 Stichman Avenue, stated that 10 houses is too much for the proposed space. She believes that it will be overcrowded and is concerned with too much traffic. Asked Commissioners to understand the property owners. She stated that putting too `many houses there would cause her to move out. Diana, 3265 Stichman Avenue, stated that neighbors are putting cones to separate parking spaces. She is concerned with the proposed project taking up the parking spaces. She also added that she has concern if a fire truck tries to make a turn in the cul -de -sac with cars already parked. Anna Garcia, 13360 Ramona Blvd., was concerned about the aesthetics of how the proposed project will look. She added that it will look like some of the East Los Angeles projects and asked Commission to take that into consideration. Greg Tuttle, business owner, wanted to clarify once again that the State required 5,000 square feet per house. He stated that the jobs that are coming into the City are only temporary. He stated that the Fire Department does not like speed bumps. He said that 5 feet on each side of the houses is not enough living space and should be called town homes. There being no further comments, Vice Chair Alvarado declared Public Hearing CLOSED. Assistant City Attorney Kim stated the applicant has agreed to construct at least 10% of total units for low income housing and that the State Law mandates that the City grant a density bonus as provided in staff report which is allowing a maximum 17 units with at least one development concession. Vice Chair Alvarado asked for any more Commission discussion. Commissioner Muse requested more time to consider the proposed project. Vice Chair Alvarado stated that she felt there were too many houses in one area and understands the concerns of the residents. She sees too many concerns being vocalized by the residents. Commissioner Galvan stated his concern was for the privacy of each unit and felt he needed more time to consider the proposed project. Commissioner Muse stated that he wanted to get together with the contractors and the City to get more information so that he can make a confidant vote. He stated that in regards to the developers, they are taking on a challenge to bring new homes to the community. Commissioner Galvan asked if there were color copies of the final proposed project. City Planner Harbin replied that the color CD that the applicant provided could not be read so staff was only able to scan;the black and white elevations which she displayed on the projector screen. She explained that there was stucco base, veneer base and framing around the windows. Commissioner Muse asked the applicant if he currently had any projects in the City that were similar to the design .of the proposed project. Applicant, Mr. Cook replied that there were projects on Walnut and another on Center. He stated that it has taken a year to get to this point. The seller of the property will not give another extension on the escrow after the expiration of March 31, 2011. He stated that he already paid an extension fee of $45,000 and seller is charging $10,000 a month because it is taking so long. He stated that he would appreciate a decision tonight because he has run out of time. He stated that he will loose the land before getting back to Planning Commission. Whatever the decision, he wants to be able to have the opportunity to appeal it to City Council and give the seller an answer instead of just saying it is being postponed. There being no further comments from Commission, Vice Chair Alvarado called for a motion to DENY the proposed project. There being no second, Vice Chair Alvarado announced that the motion dies. Commissioner Muse called a motion to APPROVE the proposed project. Commissioner Galvan abstained from the vote. There being no second to Commissioner Muse's motion, Vice Chair Alvarado announced that the motion dies. Vice Chair Alvarado announced that the motion died and that the applicant could appeal the proposed project to the City Council. Chair Dexter returned to meeting. REPORTS OF OFFICERS 5) Update on Superior Market Chair Dexter called for report of officers from staff. City Planner Harbin presented update report on Superior Market: AT 8:31 pm Assistant City Attorney requested a short recess. before continuing meeting. Vice Chair Alvarado called meeting back to session and Chair Dexter recused himself to the Council Chambers conference room. Assistant City Attorney Kim stated that for the record, the last item on the agenda which was the D.C. Corporation project, needed to have the Commission make a decision because both motions died. She added that the Commission needed to make a motion to continue the item or do a re -vote so, if needed; the applicant can appeal to City Council. Vice Chair Alvarado called for a motion to deny the proposed project Case No. TM -71409 and CP -780. Commissioner Muse seconded the motion and wanted to go on the record to say that he wanted the applicant to move forward with their project which will allow them to appeal it to City Council. Chair Dexter called meeting back to order at 8:50 p.m. City Planner Harbin continued update report on Superior Market. Commissioner Muse asked if they are extending the walkway to allow for the kiosk. City Planner Harbin replied that they were using the existing area because the kiosk was not very large. COMMISSION 1 STAFF COMMUNICATIONS None. ADJOURNMENT Chair Dexter called for a motion to ADJOURN meeting at 8 :51 pm. Seconded by Vice Chair Alvarado. All in favor. Approved as presented by the Planning Commission at their meeting held on February 23, 2011. James R. Dexter II, Chair City of Baldwin Park Planning Division ATTEST: Mayra Vargas, Secretary City of Baldwin Park Planning Division ATTACHMENT #10 FINDINGS OF FACT TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT FINDINGS OF FACT — TENTATIVE TRACT MAP 1. The site for the proposed development is physically suitable as the topography of the site is essentially flat and will be developed with seventeen (17) single- family detached residential dwelling units at a density allowed by the City's Zoning Code provided that a conditional use permit is approved for the proposed density bonus which is in accordance with Section 153.531 of the City's Municipal Code and State Law; and 2. The design of the subdivision will not be a threat to the Health, Safety, and Welfare of the citizens of Baldwin Park; and 3. The proposed project is a seventeen (17) unit single - family detached residential dwelling units which is compatible with the surrounding single- family residential zoning designatitms; and 4. That the Tentative Tract Map will be consistent with the City's General Plan, as the subdivision of two (2) lots into seventeen (17) lots will allow for a density bonus of two (2) dwelling units, provided approval of the conditional use permit is obtained. This is consistent with Goal 3.0 and Policy 3.1 in the Housing Element which discusses the City assistance in the development of housing for affordable housing by providing regulatory incentives for projects which include low and/or moderate income dwelling units; and 5. The development of the Project Site in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area due to the natural, flat topography of the site and the future development of seventeen (17) 2 -story dwelling units will not affect said opportunities; and 6. The proposed Tentative Map is in an area serviced by Valley County Water District. The District has indicated that the proposal will not violate any water quality standards for the Water District. 7. The Environmental Assessment did not identify any potentially significant impacts on the environment. There are six (6) areas of environmental impacts which have been found to be less than significant, including: Air Quality, Biological Resources, Hazards and Hazardous Materials, Land Use, Noise, and Public Services. Mitigation measures for these impacts have been identified in both Attachment 47, Environmental Data – Draft Mitigated Negative Declaration and Initial Study and Attachment 48, Mitigation Monitoring Matrix. FINDINGS OF FACT -- CONDITIONAL USE PERMIT The site for the proposed use is adequate in size and shape to accommodate the proposed use in that the Project Site, which has a gross lot size 2.39 acres and a net lot size of 1.51 acres will be developed with seventeen (17) single- family residential units and integrated into an existing residential neighborhood provided a conditional use permit for the housing incentives is approved; and 2. The site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use as Stichman Avenue which will be extended to directly serve ten (10) dwelling units, three (3) dwelling units will have access from Vineland Avenue, an existing developed public right of way, and four (4) dwelling units will have access from a new cul -de -sac bulb off Vineland Avenue; and 3. The proposed use will not have an adverse affect upon uses adjacent to the subject property, as the proposed use of single- family residences is consistent and compatible with the existing surrounding neighborhood. Design features such as 6' high block walls and enhanced landscaping have been incorporated to lessen the effects on adjacent residences, which are zoned R -1. It is not anticipated that the project will have an impact on the adjacent Big Dalton Wash; and 4. The proposed use is in conformance with the General Plan. The project proposal supports Goal 3.0 of the Housing Element by assisting in the development of affordable housing to low income households and supports Policy 3.1 of the Housing Element General Plan by promoting the development of affordable housing by providing regulatory incentives for projects which include low income units. ATTACHMENT #11 CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL The subject property shall be developed and maintained in substantial compliance with Exhibit "A ", dated January 12, 2011, except as modified herein by these conditions; and 2. Electric garage door openers shall be provided for each unit; and 3. Sectional roll -up garage doors shall be provided for each unit; and 4. A decorative six (6) foot high block wall shall be provided surrounding the perimeter of the property. Decorative block walls with brick cap will be required along all exterior property lines that are visible from the public right -of -way. Proposed materials are subject to Planning Division approval. Interior property line delineator walls shall be precision block with a brick cap; and 5. That the Applicant shall provide a variety of architectural elements, as discussed with and approved by the City's Design Review Committee, along elevations facing the public right -of -way for those T and T2 floor plans so that similar elevations shall not be adjacent to one another. Updated elevation plans shall be submitted to the Planning Division for review in accordance with the Site Plan. Approval by the Planning Division on the elevation specifics for the T and T2 floor plans shall be obtained prior to commencement of construction; and 6. Each of the dwelling units shall have decorative motion sensor lights at each garage and main level entrance door. Exterior lighting shall be decorative and automatically controlled. Manufacturer's literature shall be submitted to the Planning Division for review and approval when plan are submitted to the Building Division for plan check; and 7. Each unit shall be pre -wired for an alarm system, which shall include motion sensor external lighting at all entries /exits and garages; and 8. Any future addition to individual units shall be limited to a patio cover which shall not exceed 25% of the rear yard area and shall meet all zoning code requirements, such as, but not limited to, setbacks from the property lines; and 9. The City is being served by a cable TV franchise awarded to Time Warner Cable. All residential units constructed shall be prewired and made ready for cable TV connections; and 10. Public improvements shall be installed as required by the Engineering Division and County Fire Department; and 11. The Applicant shall comply with all of the conditions of approval as stated in Attachment #5, `Conditions of Approval, TM- 71409, dated January 4, 2011, from the Public Works Department'. Attachment #5 will be attached to and incorporated with Resolution 2011 -007 as adopted by the City Council; and 12. The Applicant shall comply with all of the conditions of approval as stated in Attachment #6, 'Conditions of Approval for Subdivisions -- Incorporated, dated December 15, 2010 from the Los Angeles County Fire Department. Attachment #6 will be attached to and incorporated with Resolution 2011 -007 as adopted by the City Council. A written notification or approval plan from the Fire Department must be submitted to the City; and 13. The project shall be constructed according to the most recent Edition of the Uniform Building Code as adopted by the City; and 13. All designs must conform to California Building Code, California Green Building, California Electrical Code, California Plumbing Code, California Mechanical Code, and California Energy Code, and latest adopted City's building ordinance, in effect at the time of building permit application date. 14. The first sheet of the architectural plan shall contain information regarding Green Building Code compliance. The project architect must demonstrate how the design complies with mandatory measures and provide charts, table, worksheets, etc. 15. The following approvals must be obtained prior to applying for building permit; a. Approval from Planning Department b. Approval from Engineering /Public Works Department c. Approval from Fire Department d. Copy of the recorded Tract Map with the County Recorder's Office 16. Three sets of complete plans for architectural, electrical, plumbing and mechanical shall be submitted to the Building Division; and 17. Title -24 energy calculation prepared by a qualified energy consultant shall be submitted to the Building Division. Energy plan sheets shall be included in the plan set; and 18. Two sets of soils reports shall be submitted to the Building Division. If grading permit is required, then a building pad grading certification is required prior to issuing the building permit; and 19. A landscape and irrigation plan must be designed by a certified landscape architect and submitted for review and approval to the Planning Division at the time of the City's acceptance of building construction plans for Plan Check. Once installed, all landscaping must be continually maintained and preserved in accordance with the approved landscape and irrigation plan. No trees shall be removed without first filing an application with the Tree Department and obtaining approval from the Tree Officer; and 20. All landscaping visible from the public right of way shall be automatically irrigated; and 21. A copy of the recorded tract map if required shall be submitted to the Building Division. Tract map must be recorded prior to building permit issuance; and 22. The Applicant is responsible for contacting the city to inquire about and submit all development fees required for this project, which shall be paid at the time a building permit is sought and prior to occupancy. The fees may include, but are not limited to, the following: a. Building permit fees b. Plan check fees c. Planning Department fees d. Engineering 1 Public Works fees e. School fees. f. Fees imposed by other agencies g. Quimby Fee h. Public Art Fee i. Traffic Impact Fee j. Flood Control Fee k. Mitigation Fees 23. The Applicant shall be responsible for providing qualifying documentation to the City's Housing Authority for the two (2) low - income units, prior to the issuance of a certificate of occupancy for those two units; and 24. The Applicant shall provide a check in the amount of $2,044.00 payable to the Los Angeles County Clerk for the California Department of Fish and Game Fee required for the Mitigated Negative Declaration of Environmental Impact no later than February 22, 2011; and 25. The Applicant shall comply with all of the mitigation measures as stated in Attachment #8, `Mitigation Monitoring Matrix', Attachment #8 will be attached to and incorporated with Resolution 2011 -007 as adopted by the City Council; and 26. The Applicant shall comply with all conditions of approval within one (1) year after the date of approval or approval of this Conditional Use Permit shall become null and void and will be subject to revocation pending a hearing by the Planning Commission or the City Council on appeal. Furthermore, any costs associated with the revocation of this conditional use permit shall be paid by the applicant and/or owner; and 27. The applicant shall sign a notarized affidavit within twenty (20) days of the date of this resolution stating that the applicant has read and accepts all of the conditions of approval. ATTACHMENT #12 APPLICATION FORM AND STATEMENTS t BALDIIN P , -AP, • TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CRA Conceptual Approval APPLICATION INFORMATION Name of Applicants) _ E =k"- CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 59706 (626) 813 -5261 Redevelopment Overlay _ Zone Variance X Conditional Use Permit Admi`nistr`ative Adjustment Specific Plan _ Other Address t l -, Phone No. ,' 3 ?,i, ;,� Owner(s) of Record_-JLc� r 0� Owner's Address PROPERTY INFORMATION Location Assessor Parcel Number(s) 12��; S O t t- O S� Tract and Lot Number(s) 1 Existing General Plan Designation_ �- - t Existing Zoning for each Parcel—IL - t Existing Land Use � . ; -M, Code-Section to be Amended Purpose of request e, U &,toos .� CERTIFICATION STATEMENT: I /we acknowledge the filing of this application and certify that all the above information is true and accurate and that Ilwee have familiarized myself /ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and ave notarized the attached Owner's Affidavit from the legal owner.) J Sign Date Signature Date ---------------------------------------- ---------- - - - - -- FOR CITY USE ONLY: File bloc t I (41) Received b Date: 4 f 5 Justification Statement 1. The proposed project has adequate setbacks, driveways, backyards, side yards and private open space to function as a single family home community. 2. The streets in the proposed project meet or exceed the standards required by Los Angeles County Fire Department, City of Los Angeles or City of Baldwin Park. The proposed streets are dead end cut -de -sacs and have a public right of way equal to or greater than the surrounding streets. These dead ends should have very minimal traffic. 3. The adjacent properties will have no adverse affect on neighboring properties. The proposed streets have areas for street parking. The proposed lots have driveways that can park 2 to 4 cars, plus each unit has a 2 car garage. The residents along Vineland Ave currently have 3 existing single family hordes exiting directly onto Vineland Ave. The proposed design limits the number of homes exiting directly onto Vineland Ave to 3 units. The rest of the proposed units will join traffic from feeder streets. 4. The General Plan call for Single Family detached homes. The proposed project provides single family detached homes in accordance with the General Plan and consistent with the - neighborhood. The density bonus for Affordable Housing allows for higher density. The proposed project is much less dense than many developments to the south. i BALDWIN P - A—,R , I� TYPE OF APPLICATION r Tentative Tract Map Lot Line Adjustment APPLICATION INFORMATION *Name of Applicant(s) \)- Address �1tC� l.0 !V r"ITY OF BALDWIN PARK PLANNING DIVISION 1 4403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 8'13 -5261 Tentative Parcel Map Phone No £ Li Capacit r� Zfv *Owner(s) of Record ( Owner's Address �- �. ,yam[ �. �� ��; _ -1 7u Owner's Phone Number *Engineer or Surveyor Name Lc A F r�en3 ti.. l Address ! z, Z Z� v,e 5�: � k---' 3 2, Ski A c, Phone Number ( t v S -° D C" Registration Number PROPERTY INFORMATION Location 3) 33 ,assessor Parcel Number(s)� ; 5 5 � – G "Z--1 � 5 � _�;;� ,5 � � L l — C T 1 Existing Use of Property ; S ; 1 nom%. -� 11. e Proposed Use of Property t l `% Number of Proposed Residential Units %e Special Information_!- ; . z�� 0 Lvr,s, \ r , �,� � . {4.k. CERTIFICATION STATEMENT: Vvve acknowledge the filing of this application and certify that all the above information is true and accurate and that Ilwe have familiarized myselflourselves with the relevant provisions of the land subdivision process. (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit. from the legal owner.) Signatu r Date - - -- Signature Date . -- ----------------- ------- - - - - FOR CITY USE ONLY: File N , ee ?D5� �,o F Received by' Date k BALDWIN P - A - R . K CITY OF BALDWIN PARK CITY COUNCIL AGENDA FEB 16 STA90W&b � - -- � m= TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer . Marc Castagnola, AICP, Community Development Mana DATE: February 16, 2011 SUBJECT: City Council (1) review of findings and analysis of the existing city- wide moratorium on restaurant drive- through facilitieslestablishments and (ii) review and consideration of adoption of a Resolution and introduction of a related Ordinance related to a ban on new restaurant drive- throughs within the City. PURPOSE This report provides the City Council with a detailed analysis and discussion, including specific recommendations, resulting from a nine -month (9- month) City -wide moratorium on drive - through facilities /establishments. This staff report is in response to Council request to review this issue and propose recommendations. For the purposes of this report, only restaurants with drive - throughs will be discussed. BACKGROUND At the May 19, 2010, City Council Meeting, the City Council adopted an Urgency Ordinance (Ordinance 1333), which placed a 45 day city -wide moratorium on all drive - through facilities including but not limited to, banks, pharmacies, and restaurants. At the June 16, 2010 City Council Meeting, the City Council extended the moratorium for a period of nine (9) months (until March 16, 2011) specifically for restaurants with a drive - through only. The initial moratorium request was a result of an expressed concern regarding the negative impacts drive - through facilities cumulatively may have. Those include negative impacts on circulation, traffic, air quality, walkability, and the effects on public health. Additionally, the City's current Municipal Code does not have any performance /development standards or specific criteria to regulate and/or mitigate the impacts of drive- through facilities that are relevant to Baldwin Park. Moreover, those facilities are not consistent with the City's pursuits of creating and becoming a walkable and physically active, healthy community. Drive - through Moratorium Follow -up February 16, 2011 Page 2 Currently, there are 26 restaurants with drive - throughs in Baldwin Park which are located at key intersections within or near the downtown area and along the 1 -10 freeway corridor. That situation creates pockets of over concentration with up to 6 quick service restaurants with drive- throughs within a 500 -foot radius, where dining choices are limited and economic competition opportunities are restricted. An inadvertent consequence of this situation may also result in unhealthy behavior, where easy- y access to wide spread -fast -food - service contributes to the general rate of childhood obesity, 28% in Baldwin Park, without promoting enough alternative healthier choice. Today, - in Baldwin Park, drive - throughs are conditionally allowed in most commercial zoning districts, however, they are not permitted in the Downtown Commercial Core and the sub areas 2 and 3 of the Sierra Vista Redevelopment Project Area. That current limitation on drive- throughs was originally implemented through the RDAO Ordinance and maintained through subsequent amendments to promote Smart Growth principles and to prime the area for a healthy mixed -use, transit and pedestrian oriented environment. The following research will discuss these issues of concerns, provide data, and balance the findings against the goals and vision the City Council has set for the City, its residents, its youth and its economic stability. RESEARCH During the past months, staff conducted a significant amount of research and review of materials related to drive - through establishments. To date, staff has received a variety of reports and studies related to drive - throughs, including zoning regulations from various cities nationwide, studies citing the impacts of drive - throughs on climate change and global warming, studies relating to vehicular idling, and stud ieslordinances discussing drive- throughs and their impacts on public health. In addition, staff met and had communication with industry leaders from Brand Growth and the California Restaurant Association. Together, they provided that industry's answers to the issues at hand and they provided staff with copies of air quality and climate change analysis documents as an example of what is typically submitted to jurisdictions when applying for a conditional use permit to address the impacts of a drive - through facility. In addition, during the last nine months, staff conducted a drive - through survey with 38 cities in Southern California to determine who has an existing ban on restaurant drive - throughs in order to gather model policies and data used in determining policy (see Attachment #3 - Survey Chart). Based on the research, a few cities have taken very specific steps to address drive - through issues as follows. 1) Example of Drive - Through Regulations in Other Cities Below are few examples from cities in the Los Angeles area that have explored and created drive - through regulations based on the needs of their community. Drive - through Moratorium Follow -up February 16, 2011 Page 3 a) South Los Angeles In September 2008, the City of Los Angeles approved a 2 -year moratorium that would prohibit the establishment of new stand -alone fast food restaurants (projects) in the West Adams - Baldwin Hills, Leimert Community Plan areas and _ — portions of the South Los Angeles and Southeast Los Angeles Community plan area. The moratorium was motivated by City officials' and community activists' concerns over health issues. Citing surveys that showed up to 72 quick — service restaurants per square mile in South Los Angeles, proponents said there were too many fast -food restaurants in the area serving unhealthy food that -- contributed to higher rates of obesity,—diabetes- and -heart disease. The moratorium has served as an effective ban on new restaurants, as its severe restrictions have blocked construction of any new stand -alone restaurants in South Los Angeles since its adoption. In December 2010, the City of South Los Angeles, under leadership of Assembly member Jan Perry, made the moratorium permanent by passing a ban on new fast -food restaurants by a unanimous 13 count vote. The ban that will be incorporated into the community plan updates will prohibit new development of stand -alone fast -food restaurants within ' /z mile of existing fast -food restaurants. A stand alone establishment ? ?is defined as one that exists property without any other uses ? ?. The ban will still allow fast -food restaurants to open in strip malls. Jan Perry stated she promoted the restrictions not to control what people are eating, but in order to attempt to diversify food options. It will give a grocery store a chance to come in and a combination grocery store and restaurant with some housing on top a chance to come in. Councilwoman Perry said the distance requirement will ensure there will not be further concentration of fast -food restaurants in South Los Angeles. "Over concentration is not good for community and it's certainly not good for healthy competition," she said. A recent restaurant industry study by the RAND Corporation, provided by a grant from the National Institute of Health, claims the South Los Angeles Ordinance is not a promising approach to attacking obesity. It argues the premises for the ban were questionable and other changes such as menu - labeling, portion control or counter advertising may be more likely to have a bigger impact on addressing the health problems of the population. It goes on to say evidence -based regulations that enable people to avoid poor diets and choose healthy ones are needed. The conceptualization of the obesity epidemic has so far focused on individual choice rather than the role of environmental influences on diet and physical activity. b) South Pasadena Drive - through restaurants do not appear on South Pasadena's list of Commercial Land Uses (Section 36.230.030 of the zoning code). Therefore, restaurants offering drive - through service are not permitted. Also, the city of South Pasadena updated its General Plan to include a section entitled "Reducing Auto Drive - through Moratorium Follow -up February 16, 2011 Pape 4 Dependence." That section highlights that city's goal to make the community more walkable, and it expresses drive - through and drive -in businesses are not compatible with that goal. It should be noted the drive - through prohibition in South Pasadena equally applies to restaurants, banks and pharmacies. However, in recent years, the ban did not stop new fast -food services such as =KFC -and Starbucks, banks such as Comerica Bank and Bank of America, and a pharmacy such as =Rite -Aid to locate in that city and become very successful businesses without drive- through accessibility. c) -San Luis Obispo = - The City of San Luis Obispo does not allow new drive- through facilities to be constructed in any zoning district. The City's ban on drive - through restaurants was initiated by the Planning Commission, and approved by the City Council in 1982 (Ord.941 -1.). Public testimony strongly favored eliminating drive - throughs, mainly based on environmental grounds. The Council decided drive- through facilities, particularly drive - through restaurants, were an inappropriate use due to air - quality impacts of idling cars waiting for service, and due to the visual impact of the added paving needed to accommodate the drive - through lanes. The City's ban on drive - throughs applies to all uses. The only drive - throughs that currently exist in San Luis Obispo are those that existed prior to 1982. Any existing drive - throughs are considered legal, non - conforming uses. According to City staff, very few complaints have been submitted regarding the drive - through ban since its adoption almost three decades ago. d) City of Paso Robles The City of Paso Robles allows drive- through facilities based on location and zoning. In Paso Robles, drive - throughs are permitted within the Regional Commercial, Highway Commercial, Commercial /Light Industrial, Manufacturing, Planned Industrial, and Airport zoning districts, provided that the site is at least 300 feet from the nearest residential zone, if a drive - through is proposed within those zones, and meets the 300 -foot minimum distance from the nearest residential zone, then a building permit may be obtained for the drive - through without a requirement for Planning Commission approval. If the site is closer than 300 feet from the nearest residential zone, then a Conditional Use Permit is required. Conditional Use Permits are always required for drive - throughs within the General Commercial zone. Drive - throughs are not permitted in the Residential, Neighborhood Commercial, Agricultural, or Office Professional zones. ANALYSIS Based on the volume of research documents collected, staff has identified and summarized major elements of concerns that are most relevant to Baldwin Park. Those are: 1) Community Character; 2) Impact on Public Health; 3) Impact on Traffic and Drive- through Moratorium Follow -up February 16, 2011 Paae 5 Circulation; 4) Impact on Air Quality; 5) Accessibility and Consumer Convenience; and 6) Economic Effects. Staff also researched legal cases that have been brought against cities by national franchises as case studies to test possible legal challenges. Following are those findings. 1) Community Character - The issue -of drive - through facilities has been met with a host of concerns relating to community character and quality of life issues such as noise, odor, compatibility with residential uses, and litter. The relationship between drive - throughs and the traditional pedestrian oriented streetscape design has also been questioned. "Smart 'Growth" is a concept in city planning that encourages more compact, walkable communities that utilize pedestrian scale mixed -use infill, rather than automobile dependent land use patterns. The idea is to create a comfortable, safe, and attractive city -wide pedestrian network and high quality public realm. When streets are inviting to pedestrians, street life activities become more vital and in turn, contribute to the safety and economic health of local areas. Urban design guidelines which emphasize walkability, sense of place, connectivity, safety, livability and being transit supportive are primary goals of Smart Growth communities. Smart Growth supporters often state that drive - throughs do not meet any of these "good planning" design guidelines. In addition, it has been stated drive - throughs contribute to reduced physical activity levels because of the reliance on cars and are often not designed for non - vehicular traffic. Drive - through facilities have been said to reflect an over - emphasis on a "car - culture" which encourages the use of the automobile, rather than alternative forms of transportation such as walking, biking, and public transit. Shopping centers with clusters of drive - throughs around busy intersections and major roads designed for vehicular traffic create environments which are unattractive for pedestrians, cyclists, or other non - motorized traffic. Architectural style is another aspect of community character which can be affected by drive - throughs. Many fast -food chains tend to propose a franchise style architecture which does not usually relate to the local architecture and sense of place. Franchises typically have prototype designs which are often associated with the idea of suburban sprawl instead of contributing to the downtown streetscape. Drive - throughs also produce an underutilization of the land with excessive drive aisles and over parking associated with the quick service concept. 2) Impact on Public Health Research has shown restaurants with drive - throughs have a negative impact on public health. To date, relatively few California cities, have established policies to improve the nutrition and exercise environments in which their residents live and work. However, since 2003, the City of Baldwin Park has adopted a number of Drive - through Moratorium Follow -up February 16, 2011 Page 6 health policies to address the growing epidemic of childhood obesity, to improve overall walkability and to increase access to physical activity and healthy food outlets. The Baldwin Park Unified School District (BPUSD) has also made exemplary progress becoming a district that not only promotes academic learning but health as an equally important goal for its students. The rate of childhood obesity in Baldwin Park, at 28 %, is higher than the rate of most Los Angeles County communities and that of those in the state. County average for adult obesity is 19 %, while the rate of overweight among children and adolescent is estimated at 15 %. Some individual schools,:: particularly in the --northern part of Baldwin Park, have reported as much as 60% of fifth -grade students are overweight. That is particularly troubling as overweight children face a greater risk of developing chronic health conditions during childhood and are more likely to be obese as adults. There are a myriad of reasons for the increases in obesity and diabetes. Those public health crises are perpetuated by social and environmental factors, which make it difficult for families to make choices that support healthy eating and physical activity. Portion sizes and intensive marketing of fast food and soft drinks are just two of the factors that thwart families from making healthy choices. According to a 2007 CCPHA study, Searching for Healthy Food, found California has more than four times as many fast -food restaurants and convenience stores as supermarkets and produce vendors. In Los Angeles County, the rate is 4.60 to 1, while in Baldwin Park, the ratio is 6 to 1 and contributes greatly to the high rates of obesity and overweight caused by the lack of healthy options and overabundance of food establishments that serve primarily dense and high calorie fast food. A follow up study entitled, Designed for Disease: The Link between Local Food Environments and Obesity & Diabetes demonstrates that people who live near an abundance of fast -food restaurants and convenience stores compared to grocery stores and produce vendors, have a significantly higher prevalence of obesity and diabetes regardless of individual or community income. According to Public Heath Law and Policy (PHLP), prohibiting fast -food restaurants from locating near schools is one strategy to help reduce childhood obesity and to support the school's strive to improve student health. The availability of those restaurants near schools provides students with easy access to unhealthy foods and undermines schools' efforts to offer nutritious meals. 3) Impact on Traffic and Circulation Drive - through facilities have been found specifically queued traffic interfering with flow. Research has shown ways in to have a negative impact on circulation, on -site and off -site traffic and pedestrian which new and amended development standards can promote safer and more efficient on -site vehicular and pedestrian circulation as well as reduce conflicts between queued vehicles and traffic on Drive - through Moratorium Follow -up February 16, 2011 Page 7 adjacent streets. Those regulations ensure (i) there is maneuvering and circulation areas, (ii) stacking vehicles do r abutting streets, and (iii) stacking lanes will not have nuisance residential parcels adequate on -site A impede traffic on impacts on abutting Many sources claim additional traffic is also produced by allowing drive- though facilities. However, fast -food representatives state drive - throughs serve motorists already traveling on nearby roads, and, therefore, do not add to neighborhoods traffic problems. Most customers use eateries while heading -to another destination. The restaurant industry claims eliminating drive - throughs may not actually have any effect on the total amount of traffic on the City's streets: -However, that rational assumes consumers are going to restaurant as an incidental aspect of travelling, rather than because they are looking for food. The Institute of Transportation Engineers' Traffic Generation tables used to establish impacts level for State - mandated Environmental Impacts Report provide traffic levels that are specifically due to the presence of a drive - through in addition to normal traffic condition. 4) Impact on Air Quality It has been stated drive - through establishments have a direct impact on air quality, specifically from the idling cars waiting within the drive isles. When cars continue to idle as they move through drive - through lanes, additional emissions are produced from the vehicles. Evidence shows queuing and idling traffic is the worst possible operating condition for motor vehicles, and produces the worst type and amount of emissions. Drive - through queues, where cars are idling are a significant source of pollution because the engine is unable to burn fuel efficiently and emits high volumes of emissions. Fuel is also wasted from idling or slow- moving vehicles in drive - through service lanes. However, it is important to note any type of idling, whether it is at a stop light, waiting for kids to come out of school with the air conditioning on, or warming up a car in the driveway in front of a home, all produce these excess emissions and add to GHG. Some studies show drive - through facilities are actually a small source of auto emissions compared to other sources. According to the restaurant industry, customers who use a drive - through are usually in the car already with multiple stops to make, and, therefore, extra trips are not necessarily generated by the drive - through itself. It is typically the restaurant or the service that generates the car trip, not the drive - through option itself. Some sources state more emissions can actually be found in parking lots than in the stacking lanes of drive- throughs, as a result of starting and stopping cars to get to multiple destinations. There has been much debate and mixed data regarding the issue of idling verses turning off and restarting a car. Some studies show walk -in customers, by stopping and starting their cars, actually produce more exhaust than their drive - through Drive - through Moratorium f=ollow -up F=ebruary 16, 2011 page 8 counterparts. Some reports state the emissions produced by stopping and restarting a car when a customer goes in to get food, are actually equal to leaving a car idling for anywhere from 2-10 minutes in the drive through lane. Given this idea, air quality and emission impacts may not be that much different between a drive - through and a walk -in customer. ? ?However, while the emission levels may be similar, the presence of a drive - through would add -an additional mobile source of emission that would otherwise not be present ? ?. The State's Air Resource Board does- not- agree -with that data. It is the Air Pollution Control District's standpoint idling = far - several minutes will always produce more emissions. An article produced by-the California Energy Commission suggests that if a car is idling more than 10 seconds, you should turn off the engine (see Attachment 3). Many other sources agree with that timeframe. Based on the many studies and facts, which have been produced regarding idling, most seem to say there is a two minutes or less breaking point for idling verses turning off and restarting the engine. 5) Accessibility and Consumer Convenience Drive - throughs are often citied as having a large benefit for disabled customers, especially those in wheelchairs, and elderly people. Families with kids often say it is a major convenience not to have to get out of the car. It is also argued drive - through facilities provide a level of safety at night. The law entitles individuals with disabilities to equal access rights to facilities available to the public. Drive - throughs provide an additional convenience for those customers who have difficulty getting out of the car. Drive - through windows allow disabled people easier access to services such as banks, dry cleaners, pharmacies, convenient stores, and restaurants. The State legislature has discussed the impacts restrictions on drive - throughs would have for customers. Legislation has have been proposed which would require cities to consider and address the impacts banning drive - throughs would have on disabled customers elderly people. The State has discussed requiring local agencies to balance concerns for the general welfare with the needs of the disabled and aged community for services. It has been suggested cities and counties consider whether the denial or restriction of drive - through facilities will preclude or diminish access to the services that the facility provides to the disabled and aged community. This caution should apply not only to outright bans or denials of drive - throughs, but also to cities which require conditions of approval to make the operation or construction of the drive - through no longer feasible because of unreasonable restrictions. The State has also discussed increasing the duties of local agencies for outreach to those who would be affected by drive - through restrictions. Drive - through Moratorium Follow -up February 16, 2011 Paaa 9 The State has debated legislation which would limit city Councils or county boards of supervisors to establish certain reasons for denial, based on substantial evidence. A city would have to find the drive - through facility would have an adverse impact on public health or safety that cannot be feasibly mitigated or avoided. The drive - through facility must be denied because it fails to comply with a State or Federal law, and there -is no feasible method to comply. Denial or conditional approval of the drive - through- should not adversely affect the access needs of the disabled or the aged of that community. 6} Economic Effects Drive - throughs provide revenues to the City through direct sources such as sales tax, and indirect sources, such as redevelopment opportunities. Many national restaurant chains, pharmacies, and banks view drive - throughs as a necessary project component. There is an argument the elimination of drive - through may discourage some projects and, therefore, could impact City revenues. However, that argument has proven wrong with such examples as in the City of South Pasadena discussed earlier in this report. Often times, the restaurant industry may also claim chain stores will locate in a city in clusters, where restaurants and retailers will co- locate within shopping centers. Non- drive - through businesses may view a ban on drive - throughs as the City being unfriendly to businesses, and may not chose to locate within the City if drive - throughs are completely restricted. However that argument is not supported by the current design and location of drive - through businesses, as free standing buildings most often isolated in a sea of parking and having little relationship with adjacent businesses. However, non- drive- through restaurants thrive in clusters in indoor or outdoor malls setting where no drive - through exists, benefitting each other's with increased pedestrian traffic. In Baldwin Park, the concentration of restaurants with drive - through at several major entry points to the City produces a redundancy of offerings with sometimes the same franchise having more than one location. As vacant commercial land becomes limited, the City should be looking for economic opportunities on the few remaining vacant parcels. When compared to same size sit -down restaurant business, a drive- through produces less sales tax, generates less and likely lower paying jobs, creates under - utilized land area with the drive - though lane, and projects a low -cost business image that is detrimental to attracting quality sit -down restaurants and other businesses. Another claim by the quick service industry is drive - throughs also bring income to the City indirectly. When people traveling on Interstate 10 pull off the freeway to stop for fast -food, they usually stop to fill up on gas, and possibly even look for lodging as well. Those other commuter businesses may be impacted if there are no drive - throughs to attract those types of travelers into the City. Based on those reasons, it appears a ban on drive - throughs could have a negative economic effect on City revenues. However, those only have a serious impact if the City's economy specifically targets and relies on commuter traffic. That policy would also indicate Drive - through Moratorium Follow -up February 16, 2011 Paae 10 the City places a greater value catering to commuter traffic rather than providing choice and diversity to City residents. Some cities, like South Pasadena and San Luis Obispo, again as discussed previously, have made a conscious decision to get by without drive - throughs, and their economies are able to develop through other niches and more locally owned businesses.. If Baldwin Park were to prohibit drive- -through business, then that could open the door to other restaurants that may be able to better compete locally and provide a welcome diversified tax base. 7) Legality of Drive - through Restrictions The City Attorney has advised, the California courts and the Federal Courts, including the Unites States Supreme Court have dealt with the legality of cities bans or denials of many types of businesses. Some courts have even specifically addressed limitations on or denials of drive - through restaurants. The cases have shown bans will be upheld if there is a rational relationship to a legitimate governmental purpose of promoting the public health, safety, morals, or general welfare. Such a ban would be upheld against a constitutional challenge as long as the ban is not arbitrary- or capricious or there is no rationally related connection between the ban and a legitimate governmental. The discussion presented by this report would support the City's decision to ban or limit restaurant drive - through against such a challenge. CONCLUSION From all of the research, staff concludes that: 1) About Community Character: Drive - through establishments are not consistent with the City's pursuits of creating and becoming a walkable and physically active, healthy community. 2) About Impact on Public Health: Drive - through facilities are a contributing factor to the rise of childhood obesity. 3) About the Impact on Traffic and Circulation: Drive - throughs have been shown to have impacts on traffic and circulation with often confusing cross traffic circulation over extensive areas of paved surface.[NOTE: The discussion about this above doesn't seem to support this conclusion. That discussion seems to say with certain development standards the circulation problems can be mitigated.] 4) About Impact on Air Quality: While similar to other traffic emissions, drive - throughs add an additional level of mobile source emissions that has some impacts to the air quality. 5) About Accessibility and Consumer Convenience: While drive - throughs facilitate access to persons with disabilities, accommodations are mandated by State and Federal codes to facilitate non - drive - through service. 6) About Economic Effect: Negative economic impacts resulting of the loss of drive - through business are mitigated by gains in increased business in other retailing sectors. Drive- through Moratorium Follow -up February 16, 2011 Pa4e 11 7) About the Legality of Drive - Through Restrictions: The courts have consistently upheld cities` rationale in their decision to regulating or banning all types of land uses, including drive - throughs. Public Comments Received: When the moratorium was brought before the City - = Council for their consideration, a number of residents from the Baldwin Park Advisory Committee (BPRAC) and Healthy Teens on the Move (HTOM) in collaboration with the Healthy Eating Active Communities (HEAC) initiative testified and pledged their support for- the -- moratorium, - -- -In an effort to support the community engagement around a healthy Baldwin Park, resident advocates testified on the impact drive- through facilities -pose-to--public health, air quality, traffic and general safety- concerns. Residents also identified the oversaturation of the existing drive - through facilities and the limited availability and access of sit -down restaurants offering healthy food options. The residents also expressed that the city has adopted other polices and projects that address healthy lifestyles and healthy environments. The City believes policy changes are required to create an environment that offers people options and a variety of choices that promote and encourage healthy behaviors. The issues of drive - through facilities have been met with many concerns relating to land use along major thoroughfares, community character and quality of life issues. One very important component to the big picture is the residents. During the past 10 years, the City has adopted many policies to specifically address the growing needs of the community. Health, walkability and safety are high priority issues to the residents of Baldwin Park and those residents want more connected, walkable urban centers that are pedestrian and bicycle - friendly with easy access into neighborhoods, schools, complete streets, and mixed -use developments. Therefore, because of the over concentration of restaurants with drive - throughs at certain locations in the City and the findings made by this report against the vision and goals established by 'the City Council, staff is recommending to extend the ban on drive through beyond the Central Business District and Sierra Vista Sub -Areas 2 and 3 redevelopment districts and adopt the attached Ordinance prohibiting new drive - through restaurants within the City. Important Note: If the City Council chooses to adopt a City -wide ban on restaurant drive - throughs, then it is important to note the following points of clarification as they relate to existing drive- throughs: 1) The ban on drive - through would affect restaurants with drive - throughs only; 2) Other existing and future drive - throughs such as banks and pharmacies would not be affected by this ban on restaurant drive - through only; 3) Existing restaurants with drive - through would become "legal non - conforming" and would continue business as usual for an amortization period of 20 years per BP Municipal Code; and 4) f=uture quick service restaurants without a drive - through would not be affected by the ban and could apply for business licensing in the same way as prior to the ban. Drive - through Moratorium Follow -up February 16. 2011 Page 12 LEGAL REVIEW This report has been reviewed by the City Attorney. RECOMMENDATION - Therefore, Staff recommends the City Council :, 1) Waive further reading, read- by title -- only - and adopt Resolution 2011 -006, "A RESOLUTION OF -THE- CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND- ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE CITY -WIDE ELIMINATION OF DRIVE - THROUGH RESTAURANTS WITHIN ALL COMMERCIAL AND INDUSTRIAL ZONES (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC- 171) ". 2) Waive further reading, read by title only and introduce for first reading Ordinance 1341, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE TO ELIMINATE DRIVE - THROUGH RESTAURANTS AS A CONDITIONAL USE PERMITTED WITHIN ALL COMMERCIAL AND INDUSTRIAL ZONES WITHIN THE CITY (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC- 171) ". ATTACHMENTS #1 - Ordinance 1333, adopted on May 19, 2010 #2 - Ordinance 1334, adopted on June 16, 2010 #3 - Chart of cities surveyed #4 - City map showing existing drive - through facilities #5 - Initial Study — Negative Declaration of Environmental Impact #6 - Proposed Resolution 2011 -006 #7 - Proposed Ordinance 1341 ATTACHMENT #1 Ordinance 1333, adopted on May 19, 2010 URGENCY ORDINANCE NO. 1333 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A CITYWIDE MORATORIUM ON DRIVE - THROUGH FACILITIES /ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF WHEREAS, many concerns have resulted from the establishments of drive - through facilities/establishments throughout the City; and WHEREAS, drive - through facilitieslestablishments potentially generate negative adverse impacts on circulation, traffic, air quality, walkability and the public health, which, while providing service to the public, also are not in line with the City's pursuits in creating and becoming a walkable and physically active, healthy community; and WHEREAS, the Planning Division is presently studying zoning proposals and other regulations to address those adverse impacts and to develop appropriate standards and criteria for the placement of such uses, and the adoption of this urgency measure prohibiting the approval of any subdivision, use permit, variance, building permit, or any other applicable entitlement for use for any of such uses while such study proceeds is necessary to protect the public safety, health and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. SECTION 2. Based upon the findings set forth in Section 1 above, the City Council hereby further finds and determines: a. There is a current and immediate threat to the public health, safety, or welfare, in the commencement or expansion of any drive - through facility /establishment until a comprehensive, objective and reasonable study and evaluation of these land uses and their operational characteristics activities can be completed; and b. Without the proper and necessary operational conditions, parking standards or physical implementation of mitigation measures, the commencement or expansion of any drive - through facility /establishment may be in conflict with provisions of the City of Baldwin Park general plan; and Ordinance 1333 Page 2 C. The commencement or expansion of any drive - through facility /establishment, without the ability to evaluate the potential land use impacts, operational characteristics and physical or site requirements and land use interface concerns with adjoining zoning districts and uses, then a threat to the public health, safety or welfare would result. SECTION 3. During the effective period of this Ordinance or any extension thereof, no business license will be issued, nor any building- permit or land use determination or entitlement shall be granted, nor shall any application for a business license, subdivision, use permit, variance, building permit, or land use determination or entitlement required to comply with the Baldwin Park Municipal Code be accepted or processed for the commencement or expansion of any drive- through- facilitylestablishment in the City. SECTION 4. This ordinance is an urgency measure to protect the public safety, heath and welfare. Pursuant to Government Code § 65858, this Ordinance shall take effect immediately upon adoption. This Ordinance shall expire forty -five (45) days afterthe date of its adoption and shall thereafter be of no further force or effect, unless extended pursuant to the provisions of said section. APPROVED, PASSED AND ADOPTED this 'I$'h d Manuel L.o7ano Mayor ( , Ordinance 1333 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Cleric, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1333 was adopted as an urgency matter at a regular meeting of the City Council -heI..d May -19;- 20-10, -by the following vote of the Council: - AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: URA M. NIETO, CIVIC EPUTY CITY CLERK Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NONE NONE NONE ATTACHMENT #2 Ordinance 1334, adopted on June 16, 2010 ORDINANCE NO. 1334 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXTENDING A CITYWIDE MORATORIUM ON DRIVE- THROUGH FACILITIES/ESTABLISHMENTS WHEREAS, many concerns have resulted from the creationlexpansion of drive - through facilities/establishments throughout the City; and WHEREAS, drive- through facilitieslestablishments potentially generate negative adverse impacts on circulation, traffic, air quality, walkability, and the public health, which, while providing service to the public, also are not in line with the City's pursuits in creating and becoming a walkable and physically active, healthy community; and WHEREAS, the Planning Division is presently studying zoning proposals and other regulations to address those adverse impacts and to develop appropriate standards and criteria for the placement of such uses, and the adoption of this urgency measure prohibiting the approval of any subdivision, use permit, variance, building permit, or any other applicable entitlement for use for any of such uses while such study proceeds is necessary to protect the public safety, health and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. SECTION 2. Based upon the findings set forth in Section 1 above, the City Council hereby further finds and determines: a. There is a current and immediate threat to the public health, safety, or welfare, in the commencement or expansion of any drive - through facility/establishment until a comprehensive, objective, and reasonable study and evaluation of this land use and its operational characteristics and activities can be completed; and b. Without the proper and necessary operational conditions, parking standards or physical implementation of mitigation measures, the commencement or expansion of any drive - through facility/establishment may be in conflict with provisions of the City of Baldwin Park General Plan; and C. The creation or expansion of any drive - through facility/establishment, without the ability to evaluate the potential land use impacts, operational characteristics, physical or site requirements, and land use interface concerns with adjoining zoning districts and uses, would result in a threat to the public health, safety or welfare. SECTION 3. Pursuant to Government Code § 65858, the City Council hereby extends the citywide moratorium on the issuance of any permits nor shall any application for a business license, subdivision, use permit, variance, building permit, or land use Ordinance No. 1334 Page 2 determination or entitlement required to comply with the Baldwin Park Municipal Code be accepted or processed for the commencement or expansion of any restaurant drive - through facilitylestablishment in the City. SECTION 4. This ordinance is an urgency measure to protect the public safety, heath and welfare.- Pursuant to Government Code § 65858, this Ordinance shall take effect on July 3, 2010. This Ordinance shall expire nine (9) months after it becomes effective and shall thereafter be of no further force or effect, unless extended pursuant to the provisions of said section. -This Ordinance is applicable to all restaurant drive- throughs. APPROVED PASSED AND ADOPTED this 161h day of June, 2010. /,000" MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, Laura M. Nieto, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1334 was adopted as an urgency matter at a regular meeting of the City Council held June 16, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M, N1ETO, CMC DEPUTY CITY CLERK Marien Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NONE NONE 20TI N ATTACHMENT #3 Chart of cities surveyed 4= 3 t d) N "# O (U Ol (D a) Ln r :! C C 0 0 N { j O U L rL _ + V— Q Q E U N E L7 O (V 41 � O O ? 0 p O U N Q n a7 Q- U3 U M 0. � C O ui N o C G o m (n N N o wwa,a � ¢ N a) 7 C 0 _ 0 E C r C o cu sF o c N m M (D 41 .? WbW ,i CL y 4) Q1 13. ate' CL -2� {� C 0 0O� N U U (n 0 U o U a U A U ro z z U 0 RMN9 ja [i?Z 0 00 0 0 00 0 0 0 0 0 0 0 0000 Bn }zzz z z z zz zz z z z z zzzz ❑ m s�� o N cA C ? O O N (7 0 r Ca a CO O r d LO N d r 0) O r O O r (D M r r r LO C~ 0) 0 0 Q O CO N O r O N r O r r CO O M O CO r d r d d c# C7 M CO CO r (0 f� d d C7 M It N N N Nrl_ It N m M N d" 00 Ln I- 0) O M f o N CD 0) N N M Ln L[) d' C7 0 r tC) (D Ca Ln LD 1� r M d N L() C!' LO 0 I-- N N CO � co N N O W M� Ln r� N N Lj O N W fl V 00 O O th 0 N L (D �� bD ,i d 07 o6 W N O N 4 N 6 CA[�0 WC)0LO000 M M"CDCO LOCO 00W0MW ;;rW . Ln LL7 co U- co L() tb M co co co M M I+ CD M M LL) Lf) N LO (A d M M co O co [i] M O LO g • 00 (O CV M o r (O N M NCO CV C ( (O (o N o r C14 CON (6 C f d M N o r 6 N (6 N (D N o r O r 06 r (6 N CV CO o r O r C6 r CO N (6 N (O N M N co N CV M 6 N hm(OL) MMMLCiLO(o0mf 0 rnMMCD (0 (0 MM co(OLO mmw(D(D(0m(0LO(O ` 4 N 'U) cis Y —_ c� U c - -' �J �s ' (S3 O E O G Y fD C U W O CiS to a) C .� — 3> h0 Y U ¢ (n m CzmS k 3 eC III Co V CD Q [2 �3 L C U i� 4 U) N C p Q N C c�6 t L O co C .� N��� 0 m (6 "p M C O (d (� (� O f2 C O O «� v- O E E C L2 C N O (D N t4 p O O .� 0 �. N @ 0> (U 0� O tV p E E i I (D in @a�ma) N 'a N 'C �0o0 E E� m � 2 Q3 (n -2 ca C �� C m ma) E '('3 C ii c 00��0 C N O N ¢j¢¢¢ ` mmmmUUU UUUU ❑u1 u1C� (D (D M 2a�[� xx,x- -1 m E O x U (Ci Q �7 U3 (ll U N O C3? C Q1 N O C t0 U E2 (9 U o z } o 2 C0 C) r p p �1 C) rN (D Ui co i` N (0 N Ca 0') co O M m l� O 0 O M Uri Cl� Co d: rn co (D CO (D (D N N N N N (0 C4 (D CO (0 L N� lL O a) O co C (D O (OU _C C .(v L C — o C ca 0. U LU c [ N � 0) � U ATTACHMENT #4 City map showing existing drive- through facilities 1 DRIVE - THROUGH ESTABLISHMENTS LEGEND r AN Feet six( ejorrce, •�nruu(�+iEsatsrvnenssllo�Fcet / ' cr � ; N 0 800 160024003200 Feet ATTACHMENT #5 Initial Study — Negative Declaration of Environmental Impact e INITIAL STUDY " ENVIRONMENTAL CHECKLIST FORM BALDWIN P -A,R•K Project Title: AZC -171 2. Lead agency name and address: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5261 3. Contact person and phone number: Salvador Lopez, Associate Planner or Amy Ha;-bin, AICP, City Planner (626) 813 -5261. 4. Project location: The proposed project will impact all of the following zoning designations: C -1 (Neighborhood Commercial), C -2 (General Commercial), F -C (Freeway Commercial), 0-1 (Office lndustrial), C -M (Commercial Manufacturing), I -C (Industrial Commercial), and I (Industrial) 5. General Plan Designation(s): Neighborhood Commercial, General Commercial, Mixed Use, Commercial Industrial, General Industrial, Parks, and Public Facilities. 6. Zoning: DESIGNATION LABEL = ;' EXPLANATION C -1 Neighborhood Commercial C -2 General Commercial F -C Freeway Commercial 0-1 Office Industrial C -M Commercial Manufacturing I -C Industrial Commercial I Industrial 7. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation, Attach additional sheets if necessary.) Proposed changes to the City's Municipal Code relating to vehicular drive - through establishments may include new /updated development standards for drive - through establishments including: location criteria, stacking requirements, hours of operation, and operational elements relating to the pedestrian streetscape, OR the elimination of any new drive - through establishments within the City. AZC -171 January, 2010 8. Surrounding land uses and setting: Briefly describe the project's surroundings: Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel River) freeways lies near the southwest corner of this 6.8 square mile City. Although Baldwin Park is predominantly a residential bedroom community -,- recent efforts have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build- out ", focusing efforts on the Redevelopment of land, especially within close proximity to the freeway and within the City's Downtown area. According to the 2000 Census, Baldwin Park has approximately 75,900 persons. This is more than double the population in 1960. Baldwin Park is predominantly a Hispanic working class community, although between the 1990 and 2000 Census has-experienced a recent increase in its Asian population. Furthermore, the City has a considerably larger than average household size than the County average, suggesting increased pressure on the City's housing stock and the provision of services. 9. Other public agencies whose approval is required (e.g.,- permits, financing approval, or participation agreement.) No other public agencies other than the Planning Commission and/or City Council of the City of Baldwin Park are required to approve this project. Please see attached the map which identifies the city's boundaries. Revised Apr112010 CITY OF BALDWIN PARK AZC -171 January, 2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a °Potrtntially Significant Impact" as indicated by the checklist on the following pagos: Aesthetics- - p Biological Resources ❑ Greenhouse Gas Emissions ❑ Land Use 1 Planning ❑ Population 1 Housing ❑ Transportation /Traffic ❑ Agriculture and Forestry Resources ❑ Cultural resources ❑ Hazard & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities /Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ Air Quality ❑ Geology I Soils ❑ Hydrology / Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Q 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact 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 the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMAACT REPORT is required, but it must analyze only the effects that remain to be addressed. find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier 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. Signature Date Revised April 2010 AZC -171 January, 2090 The explanation of each issue should identify; a) The significance criteria or threshold, if any, used to evaluate each question, and b) The mitigation measure identified, if any, to reduce the impact to less than significance. a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources. No aesthetic impacts will occur. Revised April 2010 -Less Than 1. AESTHETICS Would the Potentially Significant With Less Than No Impact project: Significant Impact Mitigation = Significant Impact Incorporated a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock �r outcroppings, and historic - buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources. No aesthetic impacts will occur. Revised April 2010 AZC -171 January, 2010 H. AGRICULTURE AND FORESTRY Potentially Significant Less Than Significant With Less Than Significant No Impact RESOURCES Impact Mitigation Incorporated Impa mpacf In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California— Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Prctection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in f=orest Protocols adopted by the California Air Resource Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Results in loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to [� non - agricultural use or conversion of forest land I to non - forest? .............. Revised April 2010 AZC -171 January, 2010 a -c) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The adoption of the proposed Amendment will not in itself have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Any subsequent development consistent with the amended Municipal Code will be - reviewed as a project under CEQA, and therefore will be subject to a more detailed level of environmental scrutiny. Less Than No Significant impact - Impact OJ a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District ( SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project - related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments Revised April 2010 Less Than ill. AIR QUALITY Potentially Significant With Significant Mitigation Impact Incorporated Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantiaily to an exfsting or _projected air quality violation? C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors )? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Less Than No Significant impact - Impact OJ a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District ( SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project - related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments Revised April 2010 AZC -171 January, 2010 and the fact that any subsequent development projects will be assessed individually under CEQA. The Project itself will not create any objectionable odors. Subsequent potential Impacts are tempered by the application -of the environmental commitments, and by the City's ability and authority to review activities at the time a specific development project is proposed. a -f) . No Impact. `'.he City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As described in the project description, the proposed amendment is of an administrative nature and will not directly impact biological resources. Revised April 2010 Potentially Less Than significant With Less Than No IV. BIOLOGICAL. RESOURCES significant .. Mitigation _ -- significant Impact ;.Impact Incorporated Impact Would the project: 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 LLS. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, Q policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru Lion, 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 nurser sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a -f) . No Impact. `'.he City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As described in the project description, the proposed amendment is of an administrative nature and will not directly impact biological resources. Revised April 2010 AZC -171 January, 2010 a -d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within thp City have either beer, successfully catalogued, recovered, and/or protected consistent with the CEQA requirements, or been removed and /or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. Potentially Less Than Significant With Less Than No V. CULTURAL RESOURCES Significant Mitigation significant Impact Impact Incorporation Impact Would the project: _ a) Cause a substantial adverse change in the significance of a historical resource as defined Ir in Section 15064.5? b) Cause a substantial adverse change in the - significance of an archaeological resource - to Section 15064.5? — -pursuant c) Directly or indirectly destroy a unique paleontological resource or site or unique [� geolog ical feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a -d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within thp City have either beer, successfully catalogued, recovered, and/or protected consistent with the CEQA requirements, or been removed and /or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. Revised April 2010 Potentially Less Than Significant With Less Than No VI. GEOLOGY AND SOILS Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Publication 42. -Special ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction. iv) Landslides? b) Result in substantial soil erosion or the Q loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result [� in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Revised April 2010 AZC -'179 January, 2090 VI. GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on expansive soil as defined in Table 18 -9 -B of the Uniform - Building Code (9994), creating substantial risk to life or property? - -_ — e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a) No Impact. The Southern California area is acknowiedged.as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project - specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. In this regard, building officials and engineers have long- recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in- accordance with the CBC and current professional engineering - practices are sufficient to reduce the effects of ground shaking below the level of significance. Further, as evidenced by extensive development within the City, it is anticipated that any future site geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic 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; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact, Due to its administrative nature, the Project does not have a direct impact on the soil. Environmental review of proposals submitted pursuant to the Amendment will provide for project - specific soil analysis, as well as the mitigation measures for any soil conditions that may affect, or be affected by, such proposed projects. Compliance with NPDES permit requirements, including an application of Best Management Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. c,d) No Impact. As evidenced by extensive urban development, the City is generally suitable for development, and is not substantially limited by unstable geologic conditions including potential susceptibility to landsliding, lateral spreading, subsidence, liquefaction, or collapse. Nor is there evidence that the City is widely affected by expansive soils conditions. Future Revised April 2010 AZC -171 January, 2010 development proposals will provide project - specific environmental review to determine geologic /expansive soils impacts, and appropriate mitigation measures that may be required. It is anticipated that compliance with applicable provisions of the CBC, together with application of accepted geologic /soils engineering practices will typically provide appropriate design solutions for geologic conditions that may be encountered within the- City, as such; no impacts are anticipated. - e) No Impact. The City is generally improved with sanitary sewers connected to wastewater treatment facilities, which would provide for treatment of wastewater that may be generated by facilities implemented pursuant to the Amendment. As such, it is not anticipated that septie systems will be widely employed within the Project area. Since the proposed amendment is an administrative act only, the existing use of septic tanks or alternative waste water disposal systems that are currently operational will not be impacted. a -b) No Impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the City of Baldwin Park is almost entirely built -out, it is anticipated that any subsequent development will be connected to the local sewer system for the disposal of waste water, otherwise, a soil analysis will be completed to determine if the subject soils are capable of supporting an alternative waste water disposal system. VIII. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No V11. GREENHOUSE EMISSIONS Significant Mitigation Significant impact Impact Incorporated- Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant (� impact.on the environment? b) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a -b) No Impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the City of Baldwin Park is almost entirely built -out, it is anticipated that any subsequent development will be connected to the local sewer system for the disposal of waste water, otherwise, a soil analysis will be completed to determine if the subject soils are capable of supporting an alternative waste water disposal system. VIII. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No MATERIALS Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine 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 involving the release of hazardous materials into the environment? Revised April 2010 AZC -171 January, 2010 Vill, HAZARDS AND HAZARDOUS Potentially Significant Less Than Significant With Less Than Significant No MATERIALS Impact Mitigation Impact Impact Incorporated c) Emit hazardous emissions or handle hazardous or acutely haz6rdous`materials, substances, or waste within one - quarter mile of an existing or proposed school? _ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section _ u 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 project result in a safety hazard for people residing or working in fhe project area? - f) For a projeci within the viciniiy of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response Ian or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a -c) No Impact. Adoption of the proposed Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one quarter mile of an existing or proposed school. Any subsequent project that would be undertaken pursuant to the amended Municipal Code would be required to investigate the implications of hazardous materials. The study will include a complete assessment of potential hazards related to the site and include measures to mitigate any identified impacts of the project. d) No Impact. Approval of the Project wouid not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As previously stated, any subsequent proposal which would be undertaken pursuant to the amended Municipal Code would be reviewed pursuant to CEQA and would be required to conduct a hazardous materials assessment. The study would include a complete assessment of potential hazards related to the site and develop any requisite mitigation. Revised April 2010 AZC -171 JRnuary, 2010 e,f) No Impact. No public or private airstrips are located within the City of Baldwin Park. The adoption of the proposed Amendment would not result in a safety hazard for people residing or working in the project area. g) No Impact. The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and/or negligence. The adoption of the proposed Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildland areas. IX. HYDROLOGY AND WATER Potentially Significant Less Than significant with Less Than Slgrlficant No QUALITY - ...� ltnpac`i Mitigation Impact Impact Incorporated Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level {e.g. the production [•� rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of a site or an area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or [� provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Revised Aprit 2010 AZC -171 Januarv. 2010 IX. HYDROLOGY AND WATER Potentially Less Than Significant With Less Than QUALITY Significant Impact Mitigation Significant I Impact t mpa impact incorporated Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area - - structures which would impede or redirect [� flood flows? — - i) Expose people or structures to a significant-, risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [� a,f) No Impact. Approval of the Project would not violate any water quality standards, nor would -it degrade water, - quality. As previously stated, the Project involves only admin-stiative_ changes to the Municipal Code. The area encompassing the City of Baldwin Park is currently regulated by NPDES permit and Regional Water Quality Control Board (RWQCB) requirements supporting federal water quality standards and criteria established under the Clean Water Act (CWA). Requirements and procedures established under these regulations typically act to mitigate potential water quality impacts of new development, including any future facilities that may be implemented pursuant to the amended Municipal Code. Further, consistent with the requirements of CEQA, project - specific environmental analyses will be performed on any future projects or facilities. On a project-by- project basis, these analyses will individually assess potential water quality impacts and provide any mitigation measures if necessary. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. The City is generally served by three (3) local water companies (Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company), and does not substantially rely on direct groundwater withdrawals. Further, it is not anticipated that any uses operated pursuant to the proposed Amendment would extensively utilize groundwater through direct withdrawals, nor would those uses substantially interfere with, or alter existing groundwater withdrawals. c,d,e) No Impact. The City generally does not contain significant water courses. However, the San Gabriel River is located along the City's western boundary and Big Dalton Wash and Walnut Creek Wash traverse the eastern and southern portion of the City. As discussed previously, compliance with_ federal. CWA and relevant NPDES permit requirements will effectively mitigate any potentially adverse impacts of storm water discharges within the City. Uses operated pursuant to the proposed Amendment will individually assess potential drainage system impacts, and mitigation measures will be provided if necessary. g,h,i) No Impact. No development will be implemented with approval of this Project. As such, there is no potential for flood hazards associated with the proposed Amendment. Future individual environmental analyses will assess potential flood hazards and provide mitigation Revised April 200 AZC -171 Januarv, 2010 measures as necessary. Typical design solutions and /or mitigation would involve proper facilities orientation(s); grading and drainage improvements and /or creation of storm water retention /detention areas. j) No Impact. The City is not subject to significant hazards due to seiche, tsunami, or mudflow: k,l,m,n) No Impact. The construction of facilities is not proposed as part of the Project considered in this Initial Study. As such, the potential for increased stormwater runoff does not exist.. In-addition, the Project-area is currently developed with urban ; uses and: is not located proximate to any significant natural watercourses. a -c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific land use designations, as such, the potential to divide an established community or conflict with any land use or conservation plans does not exist. Potentially Less Than Significant Wlth Less Than No X. LAND USE AND PLANNING Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a),I'hysically divide ar P, abJisheu community? [� b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal. program, or-zoning ordinance) adopted for the purpose of avoiding or an environmental effect? -mitigating c) Conflict with any applicable habitat conservation plan or natural community [✓( conservation plan? a -c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific land use designations, as such, the potential to divide an established community or conflict with any land use or conservation plans does not exist. a,b) No Impact. The - entire City of Baldwin Park has been designated by the State Geologist . as a Mineral Resource Zone 2 (MRZ -2), an area where "adequate information indicates that Revised April 2010 Potentially Less Than Significant With Lass Than No XI. MINERAL RESOURCES Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the [� region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use Ian? a,b) No Impact. The - entire City of Baldwin Park has been designated by the State Geologist . as a Mineral Resource Zone 2 (MRZ -2), an area where "adequate information indicates that Revised April 2010 AZC -171 January, 2010 significant mineral deposits are present or where it is judged that a high likelihood for their presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible.. Established urban uses.are incompatible with mineral extraction and /or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. In addition, the administrative nature of the Project precludes any impact in this regard. a -d) No Impact, Due to the administrative nature of the proposed Project, by including mature tree preservation and protection standards, it does not have the potential to directly result in noise impacts. Revised April 2010 Potentially Less Than Significant With Less Than No XII. NOISE Significant Mitigation Significant impact Impact Incorporated Impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise [� ordinance, or applicbble standards of other _ a enoies? _ b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity [� above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a -d) No Impact, Due to the administrative nature of the proposed Project, by including mature tree preservation and protection standards, it does not have the potential to directly result in noise impacts. Revised April 2010 AZC -171 January, 2010 a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such; the-Project will notdircctly contribute to population "grovAh. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off- site housing stock. No impacts relating to displacement of housing will result from the Project. Potentially Less Than Significant With Less Than No XIII. POPULATION AND HOUSING Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: _ a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of [� replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement [� housing elsewhere? [� a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such; the-Project will notdircctly contribute to population "grovAh. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off- site housing stock. No impacts relating to displacement of housing will result from the Project. a -e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2010 Potentially Less Than Significant With Less Than No XIV. PUBLIC SERVICES Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? [� Schools? Parks? Other public facilities? [� a -e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2010 AZC -171 January, 2010 a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or-other recreational facilities. - b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Potentially Less Than Significant With Less Than No XV. RECREATION Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities ✓� or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or-other recreational facilities. - b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Revised April 2010 Potentially Less Than Significant With Less Than No XV1. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and ✓� relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestions management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm -equipment)? Revised April 2010 AZC -171 January, 2010 a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with the CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITII::S ANC-SERVICE Potentially Less Than Significant With Less Than No XVI. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant Impact Impact Incorporated impact e) Result in inadequate efnergency access? f) Conflict with adopted policies plans, or programs. supporting alternative transportation [� -(e.g., bus turnouts, bicycle racks)? a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with the CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITII::S ANC-SERVICE Potentially .. Less Than Significant With Less 7h��� No SYSTEMS Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality [� Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction Q of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to (r� serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the [� ro•ect's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a -g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and service systems. Due to the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. On a project - specific basis, RevisedApr# 20f0 AZC -171 January, 2010 individual environmental analyses for subsequent uses implementing the amended Municipal Code will assess potential utilities and service systems impacts and provide mitigation measures as necessary for development projects as they are proposed. Generally, potential utilities and service systems impacts are reduced through capacity improvements, increased treatment efficiencies via technologic improvements, reduced- consumption through conservation efforts, and efficient technologies and resource reuse /recycling. XVIII. MANDATORY FINDINGS OF Potentially Less Than Significant With Less Than No SIGNIFICANCE Significant Impact Mitigation Significant impact Impact incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare'or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? { "Cumulatively considerable" means that the incremental effects of a project 21 are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future rojects. c) Does the project have environmental effects which will cause substantial adverse effects on [.!� human beings, either directly or indirectly? a) No Impact. The Project is a purely administrative act relating to drive- through establishments. Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact on any considered environmental topics. Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in any substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Revised April 2010 ATTACHMENT #6 Proposed Resolution 2011 -006 RESOLUTION NO. 2011 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE CITY -WIDE ELIMINATION OF DRIVE - THROUGH RESTAURANTS WITHIN ALL COMMERCIAL AND INDUSTRIAL ZONES (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC -171). WHEREAS, the vision and goal of the City Council is to adopt policy changes to specifically address the growing needs of the community and to create an environment that offers people options and a variety of choices that promote and encourage healthy behaviors; and WHEREAS, an over concentration of drive - through restaurants exist in pockets throughout the city, which inadvertently result in a situation of unhealthy behaviors, where wide spread access to fast food service contributes to the general rate of childhood obesity; and WHEREAS, the City Council proposes to achieve such objective by repealing the provision of the Baldwin Park Municipal Code which permits restaurant drive - through establishments in all commercial and industrial zones. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That pursuant to the applicable provisions of law, studies were commenced for the purposes of amending the Baldwin Park Municipal Code to eliminate drive - through restaurants in all commercial and industrial zones (Case AZC -171); b) That such studies included environmental analysis under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.); and c) That a duly noticed public hearing was held upon said matter by the City Council, and based upon the evidence presented, the City Council approved the Negative Declaration of Environmental Impact for the project. SECTION 2. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined that the proposed amendment will not have a significant impact on the environment. The City Council therefore approves and issues the Negative Declaration of Environmental Impact for Case AZC -171. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Division. PASSED AND APPROVED this 16th day of February, 2011. MANUEL LOZANO MAYOR - ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2011 -006 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 16th day of February, 2011 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK ATTACHMENT #7 Proposed Ordinance 1341 ORDINANCE NO. 1341 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE TO ELIMINATE DRIVE - THROUGH RESTAURANTS AS A CONDITIONAL USE PERMITTED WITHIN ALL COMMERCIAL AND INDUSTRIAL ZONES WITHIN THE CITY (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC- 171). WHEREAS, following a nine -month City -wide moratorium on restaurant drive - through facilities, planning staff provided a detailed analysis and discussion, including specific recommendations regarding the negative impacts drive - through facilities cumulatively have on the environment; and WHEREAS, drive - through facilities have potential negative impacts on circulation, traffic, air quality, walkability and effects on public health; and WHEREAS, the vision and goal of the City Council is to adopt policy changes to specifically address the growing needs of the community and to create an environment that offers people options and a variety of choices that promote and encourage healthy behaviors; and WHEREAS, an over concentration of drive - through restaurants exist in pockets throughout the City, which can result in a situation of unhealthy behaviors, because wide spread access to fast -food service has been found to contribute to the general rate of childhood obesity; and WHEREAS, as the City has studied the impacts drive - through restaurants have on the community and determined such use should be prohibited in all commercial and industrial zones; and WHEREAS, the City Council proposes to achieve such objective by repealing the provision of the Baldwin Park Municipal Code which permits restaurant drive - through establishments in all commercial and industrial zones; and WHEREAS, the City Council conducted a duly noticed hearing upon said matter, and based upon the evidence presented, adopted Resolution No. 2011 -006 approving the Negative Declaration of Environmental Impact, and determined tthe public interest, necessity, convenience and general welfare require the approval of an amendment to the Baldwin Park Municipal Code (AZC -171) to prohibit drive - through restaurants in all commercial and industrial zones. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: Ordinance 1311 - Page 2 SECTION 1. Chapter 153 of the Baldwin Park Municipal Code is hereby amended by amending the following subsections to read: Section 153.122(H) Drive -in, drive -thru establishments for banks and pharmacies only. Section 153.137(D) Drive -in, drive -thru establishments for banks and pharmacies only. Section 153.152 (H) Drive -in, drive -thru establishments for banks and pharmacies only. - Section 153.167(F) Drive =in, drive -thru establishments for banks and pharmacies only. - Section 153.182(G) Drive -in, drive -thru establishments for banks and pharmacies only. Section 153.197(G) Drive -in, drive -thru establishments for banks and pharmacies only. Section 153.212(G) Drive -in, drive -thru establishments for banks and pharmacies only. Section 153.227(Q) Drive- n- 2-drive -thru- establishments for banks and pharmacies only. SECTION 2. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE 16th day of February, 2011 MANUEL LOZANO, MAYOR ATTEST: ROSEMARY M. RAMIREZ, CHIEF DEPUTY CITY CLERK Ordinance 1341 - Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss: CITY OF BALDWIN PARK } I, LAURA M. NIETO, Deputy 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 February 16, 2011. That there after said Ordinance No. 1341 was -duly approved and adopted at a regular meeting of the City Council on _ by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: LAURA M. NIETO, CMC DEPUTY CITY CLERK AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING February 16, 2011 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) Community Development Commission Agenda Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the February 2, 2011 meetings (special and regular.) ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of February 2011. Laura M. Nieto, CMC Deputy City Clerk Community Development Commission Agenda Page 2 COMMUNITY DEVELOPMENT COMMISSION AGENDA Feb.fb .2011. Item No. I COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK Feb. 16, 20'11 WARRANT REGISTER NO. 729 REPORT: CHECKREG GENERATED: 15 APR 09 11:44 RUN: THURSDAY FEB102011 09:16 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13257 - 13259 BANK CHECK CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME WO # AMOUNT G/L ACCT # DESCRIPTION INVOICE # 2 .13257 $160.00' 02/01/11 08688 0 ALESHIRE & WYNDER LLP 20.00 836 -00- 000 - 51101 - 14900 -2 REGAL SERV ALL REDEVELOPMENT 15643 60.00 834 -00 -000. 51101- 14900 -2 REGAL SERV ALL REDEVELOPMENT. 20.00 835 -00- 000 - 51101- 14900 -2 REGAL SERV ALL REDEVELOPMENT 20.00 831 -00- 000 - 51101 -- 14900 -2 REGAL SERV ALL REDEVELOPMENT 20.00 832 -00 -000- 51101 - 14900 -2 REGAL SKRV ALL REDEVELOPMENT 20.00 833 -00 -000- 51101- 14900 -2 RFGAL SERV ALL REDEVELOPMENT 2 13259 $175.50 02/01/11 03323 0 J,C,'S PLUMBING AND BACKFLO-,I 117.50 _ 890 --00 -000- 53370 - 14900 -2 EMERGENCY PLUMBING SERVICES 7745 58.00 890 -00 -000- 53370 - 14900 -2 EMERGENCY PLUMBING SERVICES 7745A 2 13259 $3625.00 02/03/11 05191 0 HARRELL & CO ADVISORS, LLC 1200.00 831 --00- 000 - 51101- 14900 -2 B.PARK FINANCING AUTHORITY 01 /11 /2011 1225.00 837 -00 -000- 51101 - 14900 -2 B.PARK REDEVELOPMENT AGENCY 1200.00 832 -00- 000 - 51101 - 14900 -2 B.PARK FINANCING AUTHORITY TOTAL # OF ISSUED CHECKS: 3 TOTAL AMOUNT: 3960.50 TOTAL # OF VOIDED /REISSUED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT.: 0,00 TOTAL # OF UNISSUED CHECKS: 0 PAGE ' 3 CHECK STATUS INV VEND ------- -------- - - - - -- CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES COMMUNITY DEVELOPMENT COMMISSION AGENDA 1�-, b . 1( 20x1 Item No, WED1'4L-%.4W,.-%i, I .._. 02, 20'11 . ,5:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Marlen Garcia, Mayor Pro Tern I Vice Chair Monica Garcia, Ricardo Pacheco, Susan Rubio Council Members / Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL MEETING at the above time and place. CALL TO ORDER Mayor Pro Tern 1 Vice Chair Marlen Garcia called the meeting to order at 5:45 p.m. ROLL CALL Present: Council Member / Member Monica Garcia, Council Member 1 Member Rubio, Mayor Pro Tern 1 Vice Chair Marlen Garcia. Absent: Council Member I Member Pacheco, Mayor 1 Chair Lozano. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, City Clerk Avila, Deputy City Clerk Nieto. Mayor 1 Chair Lozano arrived at 6:17 p.m. PUBLIC COMMUNICATIONS NONE NEW BUSINESS * STUDY SESSION TO PROVIDE DIRECTION ON PARKING STRUCTURE ELEVATIONS AND DESIGN The representatives from Watry shared two renderings as an example of what the proposed parking structure would look like. The Council Members in attendance reviewed each rendering, inquired about certain details and made suggestions as follows: In response to an inquiry from Council Member i Member Rubio, it was shared that the height of the walls for the stairwells would be 3 feet, 6 inches. Mayor Pro Tem I Vice Chair Marlen Garcia liked that banners could be hung on each of the renderings that had been presented CEO Singhal said that solar powering was an option and that it could be included in the bid package. Council Member I Member Monica Garcia made an inquiry about the type and texture of material that would be used. Council Member I Member Rubio expressed that she liked the version of the structure that was more covered. City Attorney Pannone inquired about the placement of the planters and if it they would go from the bottom, up. Council Member 1 Member Monica Garcia asked if there were any buildings similar to the renderings that they could go out to visit. The Watry representatives said that they were unsure if there were any existing buildings similar to the proposed designs. Council Member I Member Rubio said that she preferred the walls to the mesh and the Watry representatives spoke about the advantages and that the shear wall will also have a bus shelter on the Bogart side. Mayor Pro Tern I Vice Chair Marlen Garcia liked the screened version as well but did not want to see such a resemblance to the existing ARC building. She wanted to make sure that each building had its own identity. She also said that she would like to make sure that there are safety measures taken to discourage anyone from using the building to commit suicide. Council Member/ Member Monica Garcia suggested an option for a shadowline mesh. Watry representatives stated that it needed to be able to withstand the load of a car impact and that blending and contrasting could be done. Watry representatives stated that a low wall was possible on the bottow and that screening material was recommended so that people wouldn't be able to enter the structure from the street. It was reported that there would be five hundred and nine parking spaces. Mayor Pro Tern I Vice Chair Marlen Garcia expressed her concern about people having to enter and walk through the parking structure and asked if it was possible to have another entry path. Watry representatives said that it was possible but that it would take away a parking spot. With regards to the top wall perimeter border, Council Member/ Member Monica Garcia suggested that it could enhanced or that different colors be used so that it was a bit more broken up. Mayor Pro Tom 1 Vice Chair Marlon Garcia inquired about the shear wall for the use of interchangeable banners; Council Member / Member Rubio would prefer that the trees used not be yellow in color. In response to an inquiry from Council Member/ Member Monica Garcia, Watry representatives said that the lighting could go up and down and that a light component could be added for a banners. They also spoke about the accumulation of trash in the stairwells and Mayor Pro Tom 1 Vice Chair Marlon Garcia said that there would need to be trash cans in the structure. Council Member I Member Rubio complimented the renderings. Council Member 1 Member Monica Garcia asked about the sidewalk widths on Bogart to which Public Works Director Galvez stated that there would be trees but that they would be covered so that the sidewalk width would actually be wider than the minimum. Taking all of these comments into consideration, Watry staff would bring forward additional design elements and revised renderings at the next meeting RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees, Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees, and part -time employees. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -063 J &J Warehouse Co. / Newman Tek Capital N/A 8437- 004 -064 J &J Warehouse Co. / Newman Tek Capital 14467 Ramona 8437- 004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 -004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 -004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session in the City Council Chambers at 7:00 p.m. REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council l Commission at their meetings held February 16, 2011. Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK �` -�`,k WEDNESDAY, FEBRUARY COMMUNITY DEVELOPMENT 02, 2011 COMMISSION - 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marten Garcia, Mayor Pro Tom 1 Vice Chair Council Members I Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS 0►[$]r•1 CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Marlen Garcia. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the January 19, 2011 meetings (special and regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:06 p.m. Approved as presented by the Commission at their meeting held February 16, 2011. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK FINANCE AUTHORITY REGULAR MEETING February 16, 2011 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al p6blico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante e/ perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o iijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of January 19, 2011 (regular.) ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10 day of February 2011. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inieto a@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 11) L ance Authority Meeting Agenda CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES FINANUINU AUTHUHITY AGENDA FEB 16 WEDNESDAY,50ARY� 19, 20'1'1 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, -Mayor 1 Chair Marlon Garcia, Mayor Pro Tern 1 Vice Chair Council Members 1 Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City C[erk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS 11i70M CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Marlen Garcia. 1. MINUTES Authority approved the minutes of the December 15, 2010 meeting (regular.) REQUESTS AND COMMUNICATIONS In response to an inquiry from Member Pacheco on the Finance Authority and the newly formed Council Audit Committee and if they could be combined, Director Quijano explained that the Authority was in place to authorize the issuance of any debt by the City and was not active, so to speak. The audit information would be presented to the Authority as well as the Commission. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9 :01 p.m. Approved as presented by the Authority at their meeting held February 16, 2011. Laura M. Nieto, CIVIC Deputy City Clerk AGENDA BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING February 16, 2011 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN P- A- R- K Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTELA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of January 19, 2011 (regular.) ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of February 2011. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inieto(c_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) CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES HOUSING AUTHORITY AGENDA FEB 16 - WEDNESDAY, JANUARY CI'EMHQ- 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Marten Garcia, Mayor Pro Tom 1 Vice Chair Council Members I Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Cleric The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marien Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS I0Eel ►I CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Marlen Garcia. 1. MINUTES Authority approved the minutes of December 15, 2010 (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:02 p. M. Approved as presented by the Authority at their meeting held February 16, 2011. Laura M. Nieto, CMC Deputy City Clerk