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Home My WebLink About2010 04 07NOTICE 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, APRIL 7, 2010 at 5:30 PM at City Hall, 3rd Floor — Room 307, 14403 E. 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: April 6, 2010 @ 9:25 a.m. AFFIDAVIT OF POSTING Manuel Lozano Mayor Page 1 I:1HOJI0]401 AGENDA BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING April 7, 2010 5:30 PM CITY HALL — 3rd Floor, Room 307 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Im i P* Manuel Lozano Ricardo Pacheco Marlen Garcia Monica Garcia Susan Rubio UYMN A► Xp X - Mayor / Chair - Mayor Pro Tem / Vice Chair - Council Member/ Member - Council Member/ Member - Council Member/ Member PLEASE TURNOFF 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 terra 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. CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 5:30 PM CALL TO ORDER ROLL CALL: Council members / Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern / Vice Chair Ricardo Pacheco 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 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] RECESS TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. *CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8554 - 001 -806 N/A 8554 - 001 -807 N/A 8554 - 001 -808 14436 Ramona Blvd. 8554 - 001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 2. *CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION Page 3 NEW BUSINESS 3. STUDY SESSION TO OUTLINE PARKING LOT LAYOUT, BASIC FLOOR PLANS, AND TRAFFIC CIRCULATION ELEMENTS FOR THE TRANSIT CENTER PARKING STRUCTURE Staff recommends City Council receive the landscaping themes, and provide staff and th e and input so that the design team can mov e preparation of construction documents. ADJOURNMENT draft building layouts, floor plans, and City's designer, Watry, with comments forward with finalizing the design and PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Pu Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of City Clerk at 626.960.40111 ext. 466 or via e-mail at Inieto baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meetir please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CI 34.102.104 ADA TITLE 11) STUDY SESSION AGENDA ®® ITEM N ®. -- BALDW_ IN CITY OF BALDWIN PARK STAFF REPORT P • A ° R- K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer Edwin "William" Galvez, Director of Public Workst; i DATE: April 7, 2010 SUBJECT: STUDY SESSION TO OUTLINE PARKING LOT LAYOUT, BASIC FLOOR PLANS, AND TRAFFIC CIRCULATION ELEMENTS FOR THE TRANSIT CENTER PARKING STRUCTURE. PURPOSE The purpose of this report is to provide the City Council update on the status of the proposed parking structure and share with the Council the parking structure layout, basic floor plans, building cross - section, traffic circulation elements, and partial conceptual landscaping for the transit center parking structure that have been developed by Watry Design prior to performing any final design work and construction drawings. BACKGROUND The City has been working for several years on developing a parking facility adjacent to the Baldwin Park Metrolink Station and has secured approximately $7,003,000 in grant funds from several sources for construction of the structure. Even though the funding was originally not sufficient for building a parking structure, the current economic downturn has resulted in lower construction costs and staff is hopeful that grant funding combined with available Prop C money's might be sufficient for completing the project. Last year the City engaged Watry Design to develop the parking structure and building concepts, and thereafter a final design and construction documents. After many months of discussing parking structure programming needs, transit and grant requirements, and a layout which could be integrated into a future potential Downtown development, a number or building layout were considered, with the best one meeting all of the City's needs herein presented for City Council comments and review. Study Session for Layout of the `transit Center Parking Structure Page 2 of 2 April 7, 2010 DISCUSSION At the study session, staff will be sharing with the City Council the proposed structure layout that Watry Design is preparing along with the preferred building location, a draft circulation plan, proposed building floor plans for typical parking levels, stall counts, storage options, and related features. One impact that Watry desires Council input is the existing xeriscape planters which will need to be modified since the building will encroach into that landscape area. Watry will be presenting some landscaping renderings to enhance that park area, and which will provide an improved transition between City Hall, the ARC, and the Parking Building. Staff is also working on acquiring property adjacent to the city property for the parking structure. The negotiations for acquisition are under way and expected to be concluded within the next 30 to 45 days. However, grant requires that certain pre construction funds be expended prior to June 30, 2010. Therefore the design process is working simultaneously. The design process will take into consideration the contingency that property acquisition may not happen in time and in such an event the design will be scaled back to accommodate the structure on existing city property. Staff is also working with MTA and FTA to seek extension for the deadlines, reallocation of preconstruction funds to construction and to commit funds. Upon receiving Council input, comments, and direction, the design team will proceed with finalizing the design and staff will be seeking Council input on the progress and preparation of construction documents. Upon finalizing the construction documents, staff will report to the City Council on the status of the financial standing and the engineer's estimate of construction costs and seek authorization to advertize bids. FISCAL IMPACT There is no fiscal impact at this time. RECOMMENDATION Staff recommends that the City Council receive the draft building layouts, floor plans, an landscaping themes, and provide staff and the City's designer, Watry, with comments and input so that the design team can move forward with finalizing the design and preparation of construction documents. ATTACHMENT None REGULAR MEETING April 7, 2010 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626 ) 960 -4011 Manuel Lozano Ricardo Pacheco Marlen Garcia Monica Garcia Susan Rubio Mayor Mayor Pro Tern Councilmember y Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELVLARES 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 invite at publico a dirigirse at Concilio o cualquiera otra de sus Agencies nombradas en esta agenda, pare hablar sobre cualquier asunto publicado on la agenda o cualquier terra que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencies, podra hacerlo durance e/ periodo de Comentarios del Publico (Public Communications) anunciado on la agenda. A cada persona se to permite hablar por tres (3) minutos. Nay un interprete para su conveni end Any wrilio z public record reintinq to an rah <;nda rt('rrr ror �_rra open ref o re;ciuh)[ fovetrrrrl o t acs �_,rrF� th<�at is distributed 10 the City Council fw t Irian 72 hours prior to that nw(,,tinq twill be GIvrail�:ahlo ler plrbfir" insz»clir:,n til City Fi ail in the City Gterk's:, office, of 14403 E, Pacific A ve,`rtt.rC;, 3rcl Bloat' rtr.rrirrq nortrrr.rl bct;;ira< s )reur.7 (lvlc>rrtir7y f hurs (ki y. 7:30 <;r. rr). - 6:00 p. rrr.) CITY COUNCIL REGULAR MEETING — 7 :00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Susan Rubio, Mayor Mayor Manuel Lozano ANNOUNCEMENTS Marlen Garcia, Monica Garcia, Pro Tern Ricardo Pacheco and PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming April 17th Mt. SAC Relay Day in the City of Baldwin Park • Presentation to the Sierra Vista High School Girls Soccer Team for winning the CIF - Southern Section Division 7 championship • Presentation to outgoing Planning Commissioner Irma Martinez • Certificate of Appointment and administration of Oath of Office to newly appointed Planning Commissioner Ralph Galvan 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 INTERPRETS No se podra tomar action en algun asunto a metros que sea incluido on la agenda, o a metros quo exista alguna emergencia o circunstancia especial. Et cuerpo legislativo y su personal podran: 1) Responder brevemeote a declaraciones o preguntas hechas por personas; a 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideration 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 — April 7, 2010 Page 2 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF APRIL 7, 2090 - APRIL 20, 2010 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 special meeting of March 17, 2010, 4. CLAIM REJECTION Staff recommends City Council reject the claim of Barbara E. Asa - Dorian and direct staff to send the appropriate notice of rejection to the claimant. 5. MEMORANDUM OF UNDERSTANDING - SAN GABRIEL VALLEY CONSERVATION CORP Staff recommends City Council approve the Memorandum of Understanding between the City of Baldwin Park and the San Gabriel Valley Conservation Corps (Corp) in regards to City -owned properties or City - subsidized projects for the purpose of creating and 1 or rehabilitation affordable residential properties. 6. PROPOSED RESOLUTION IN SUPPORT OF THE VALLEY COUNTY WATER DISTRICT ARROW RESERVOIRS PROJECT Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS SUPPORT OF THE VALLEY COUNTY WATER DISTRICT ARROW RESERVOIRS PROJECT AND THE ASSOCIATED FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION." 7. AWARD CONTRACT FOR EQUIPMENT AND INSTALLATION OF THE OUTDOOR FITNESS ZONE AT HILDA L. SOLIS PARK Staff recommends City Council 1) award a contract to Miracle Playground in the amount of $36,247.50; 2) authorize the Mayor to execute the agreement; 3) authorize the Director of Recreation and Community Services to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract; and 4) authorize Finance Director to expend $15,500 from Quimby Account. 8. CITY COUNCIL CONSIDERATION AND APPROVAL OF THE RECEIPT OF FUNDS ALLOCATED BY THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) MINI -GRANT PROGRAM AND TO ENTER INTO A CONTRACT WITH ABC TO ADMINISTER THE GRANT Staff recommends City Council approve the receipt of money granted by the State of California Department of Alcoholic Beverage Control Mini -Grant Program in the amount of $7,500.00 to perform law enforcement operations to reduce the sale of alcoholic beverages to persons under the age of 21 years and waive further reading, read by title only and adopt Resolution No. 2010 -011 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION FOR AND RECEIPT OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL MINI -GRANT PROGRAM." City Council Agenda — April 7, 2010 Page 3 9. ACCEPTANCE OF THE FRANCISQUITO AVENUE REHABILITATION PROJECT CONSTRUCTED BY HARDY AND HARPER, INC. AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION Staff recommends City Council 1) accept the construction improvements by Hardy and Harper, Inc. and authorize the recordation of a Notice of Completion; 2) authorize a contract extra in the amount of $66,250 to Vali Cooper and Associates, Inc.; and 3) authorize the payment of $112,248.06 in retention funds to Hardy and Harper, Inc. upon expiration of the 35 -day lien period. 10. AWARD A CONTRACT FOR THE CONSTRUCTION OF THE FY 09 -10 CDBG STREET IMPROVEMENTS TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $64,460 Staff recommends City Council 1) award a Construction Contract to All American Asphalt in the amount of $64,460; 2) authorize the Mayor to execute the Agreement; 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract; and 4) authorize the Chief Executive Officer to approve completion of additional improvements up to $65,000 utilizing available CDBG funds allocated to the City of Baldwin Park. 11. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) — PURCHASE OF A PROPERTY ELIGIBLE UNDER THE NSP Staff recommends City Council approve the purchase of the property eligible under the NSP located at 4853 Azusa Canyon Road, Baldwin Park, CA 91706. 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. 12. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST FOR THE CONVERSION OF AN EXISTING SERVICE ALLEY TO A 24 -HOUR VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FUTURE FAST FOOD RESTAURANT PROPOSED FOR AN EXISTING BUILDING; CASE NO. CP -769, LOCATION: 14510 BALDWIN PARK TOWNE CENTER DR., UNIT A -1, APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and adopt Resolution No. 2010 -012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING A CONDITIONAL USE PERMIT FOR THE CONVERSION OF A SERVICE ALLEY TO A 24 -HOUR, VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP- 769)." CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT City Council Agenda — April 7, 2010 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. April 1, 2010. 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, 2 "0 Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwln 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 baldwin ark,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) City Council Agenda — April 7, 2010 Page 5 Ohl 11 1� BALDWIN 11,A, R• K TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK Honorable Mayor and Members of the City Council Lorena Quiijano, Finance Director April 7, 2010 Warrants and Demands CITY COUNCIL AGENDA � L IIs The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The two payrolls of the City of Baldwin Park consisting of check numbers 191945 — 192068 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 207010 — 207546 for the period of February 21, 2010 through March 20, 2010 inclusive, have been presented and hereby ratified, in the amount of $813,350.87. General Warrants, including check numbers 179449 to 179713 inclusive, in the total amount of $571,259.39 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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I N I N I I N I N I N I N I N I Pi Gl \! O rl H N PW x iJ + p o ff N O -4 Cl O O01 O � I I D m N o o h o x X Y iC 000 do �Ol G] H I O N P h LA m N 1C1 n N In h In cD m h m U U U U m IO m Ln N N tl} f^ H W rn r- w u w � 11 ui can ran M O O ! w ! O � Q a Ly 4L: I r ao m o i N m =lk W Q A; O Ur w x O r O r o h r1 h ri h ri r ri r l O 4k WH H rl M ri r1 r1 W U > O O i -1 I ri M H M r, H w I CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REM 7" 7 Aft (ITEM NO. RAMWIN E' R K - A TO: Honorable Mayor & Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: April 7, 2010 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of April 7, 2010 — April 20, 2010 PURPOSE 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. REQUESTS/RECAP 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 By List of Honorees Presentation Department of Swim Team Participants, 5:30pm /March 26th Certificates Parks and End of the Season Potluck Julia McNeil Senior 03 -26 -10 Recreation Center Human Guadalupe Villela, 11:30am /April 15 Plaque Resources Dept Personnel Technician, Guadalajara Grill 04 -01 -10 Retirement Recognition Baldwin Park Towne Center Mayor Lozano Girls Soccer Team, Sierra 7:00pm /April 7 Certificates Vista High School, CIF Council Chambers 04 -07 -10 Championship Win Councilmember Fresh & Easy Grand 10 :00am /April 7 Plaque Marlen Garcia Opening Ceremony 1640 Puente Ave., 04 -07 -10 Baldwin Park City of Baldwin Proclamation proclaiming 7:00pm /April 2161 Proclamation Park Green April 22, 2010 as Earth Council Chambers 04 -21 -10 Team Day in the City of Baldwin Park RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY COUNCIL AGENDA MINUTES APR CITY OF BALDWIN PARK ,,>L� , WEDNESDAY)RAIRQH i7 m CITY COUNCIL & COMMUNITY 2010 DEVELOPMENT COMMISSION 6.00 p.m. COUNCIL CHAMBER .4j) lot ` 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tern /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers 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 SESSION at the above time and place. CALL TO ORDER Mayor 1 Chair Lozano called the meeting to order at 6:12 p.m. ROLL CALL Present: Council member 1 Member Rubio, Mayor Pro Tern 1 Vice Chair Pacheco, Mayor/ Chair Lozano. Absent: Council member/ Member Marlen Garcia, Council member/ Member Monica Garcia. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 A) Properties: 8437 -004 -059 4212 Maine Avenue Henry H. and Kao Chang LLC 8437 -004 -060 14417 Ramona Boulevard J and J Warehouse Company, 8437 -004 -061 14433 Ramona Boulevard 14433 Baldwin Park, LLC 8437 -004 -062 14433 Ramona Boulevard 14433 Baldwin Park, LLC 8437 - 004 -063 Not Available J and J Warehouse Company, LLC LLC LLC LLC LLC 8437 - 004 -064 14467 Ramona Boulevard J and J Warehouse Company, 8437 - 004 -065 14519 Ramona Boulevard J and J Warehouse Company, 8437 -004 -066 14483 Ramona Boulevard J and J Warehouse Company, 8437004 -067 14455 Ramona Boulevard J and J Warehouse Company, 8437004 -068 14401 Ramona Boulevard Bank of America 8437 - 004 -069 4124 Maine Avenue J and J Warehouse Company, LLC 8437 -004 -070 4124 Maine Avenue Roxbury Properties 8437 - 004 -959 14521 Ramona Boulevard Valley County Water District 8554 -001 -011 14412 Ramona Boulevard Tacos Mexico, Inc. 8554- 001 -012 14408 Ramona Boulevard Ramon and Francisca Arias 8554 -001 -900 14403 Pacific Avenue City of Baldwin Park 8554 -001 -901 14426 Ramona Boulevard City of Baldwin Park 8554 -001 -904 Not Available City of Baldwin Park 8554001 -907 Not Available City of Baldwin Park 8554 -001 -910 4024 Maine Avenue City of Baldwin Park Commission Negotiators: Vijay Singhal, Joseph W. Pannone Negotiating Parties: Above -named property owners and The Olson Company Under Negotiation: Price & terms of payment B) Property: 8413 - 021 -005 4853 Azusa Canyon Road Commission Negotiators: Vijay Singhal, Joseph W. Pannone Negotiating Parties: Maria Nunez, Atlantic Pacific Real Estate Under Negotiation: Price & terms of payment RECONVENE IN OPEN SESSION Reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:05 p.m. Approved as presented by the Council 1 Commission at their meeting held April 7, 2010. Laura M. Nieto, CMC Deputy City Clerk TO: FROM: DATE: SUBJECT: PURPOSE CITY OF DALDW ►IV PARK CITY COUNCIL AGENDA AGENDA STAFF REPORT Honorable Mayor and City Council Members Shama P. Curian, Sr. Human Resources Analyst April 7, 2010 Claim Rejection 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 claim by order of a motion and that the claimant is sent written notification of said action. RECOMMENDATION Staff recommends City Council reject the claim of Barbara E. Asa - Dorian and direct staff to send the appropriate notice of rejection to claimant. Attachment(s) Claim filed by: • Asa- Dorian, Barbara DOL: 03/13/10 0TY OF BALDWIN PARK s® � I3ALDWIN CLAIM FOR DAMAGES P ""' R • rC TO PERSON OR PROPERTY It.iTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3 THIS FORM MUST BE SIGNED, 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 h, PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE sECTION 9112) MAAR 1. i:..;r 1 Clerk's Official Filing Stamp To: City of Baldwin Park 4, Claimant's Date of Birth (if a minor) 1, me of Claimant 5. Claimant's occupation 2, Home AdddVyrjes of C`llaimant {r ^'•f ] ((/r,�' 6. Dome_ ale lz ne Number Cl l/J I / 1 I �..J �6 3 - tom' 1 �' �� 3, Business Address of Claimant 7, Busine s Telephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim: 9. When did DAMAGE or INJURY occur? C. 13 Timo: P� � � 10, Names of any City employees involved in INJURY or DAMAGE: Name Department Date: B— -•,10 If claim is for Equitable Indemnity, give date claimant served with complaint: 1, Where did DAMAGE or INJURY 12, Describe in )R\ d 106. 1 or INJURY occurred. 13, Were police or paramedics called? Yes ❑ If yes, was a report filed? Yes ❑ If yes, what is the Report No? No No O do 14. If physician was visited due to injufy, include date name, address and phone number: Orr rst visit and physician's 14. Why do you claim the City of Baldwin Park is responsible? (PI ase be specific – Use additional sheet if necessary) G � E o1JI✓{��_t��J�l�'� } IUIJ�? Or– �N � �UI��G � ��vai'c�� f�lt� .�1�ilL✓ rP•� GU 15. List damages incurred to date. r��ut�� t'�Ub 1 ��CC1� j ��t N ew P�l`C/1- f� .6 rp 16'I� �l0 1 huf 16, Total amount of claim to date: $ J (1[ Basis for Computation: _ I – ` ( � L op Limited Civil Case:, fiA 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 amc 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: $ 622 Basis for Computation,r:Jl & GPW"' Ykt- –1 r fi Nitnessl�es to DAMAGE or INJURY: List all persons and addresses of persons known to have information: 1 r Namer'1E,1i t t Address Name Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I hereby certify (or declare) under penalty of perjury under file taws of the state of California that the foregoing is true and correct to ilia best of my knowledge, Signature Rela ions to Claimant Printed Name date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) F: StJSERL157CityclerkSAdminisfration iProcedures 8 FormslClalm for Damages Foml CCi Rev 7.H.doc R14 F CITY OF BALDWIN PARK RAT.,DWI N CITY COUNCIL AGENDA AP e. ITEM NO STAFF REPORT P > A • R, K TO: Honorable Mayor and City Council Members C� FROM: Marc Castagnola, AICP, Community Development Manager DATE: April 7, 2010 SUBJECT: Memorandum of Understanding — San Gabriel Valley Conservation Corp PURPOSE To request the City Council approval of the Memorandum of Understanding between the City of Baldwin Park and the San Gabriel Valley Conservation Corps (Corp) in regards to City -owned properties or City - subsidized projects for the purpose of creating and/or rehabilitating affordable residential properties. BACKGROUND /DISCUSSION On June 3, 2009, the City Council approved the purchase of a five unit multi - family site located at 13651 Los Angeles Street, Baldwin Park for the HOME Multi - family Acquisition and Rehabilitation Program in partnership with the City's CHDO, Immanuel Housing, INC. On March 17, 2010, the City Council approved the purchase of a single - family property located at 4853 Azusa Canyon Road, Baldwin Park under the Neighborhood Stabilization Program (NSP) Acquisition, Rehabilitation and Resale Program. Included in both programs is staff's recommendation to partner with the San Gabriel Valley Conservation Corps for the rehabilitation aspect of the projects. To take it a step further, staff recommends entering into an MOU with the Corp for these and future City subsidized affordable housing rehabilitation projects. The Corp will provide on- the -job training to low- income youth who will complete rehabilitation as needed such as re- roofing, interior and exterior painting, energy and green upgrades, new flooring and kitchen and bathroom remodeling. Specialized trades that the youth are unable to perform will be contracted out through a procurement process and be paid for through respective program funding. Included in the proposed MOU's is the requirement that the Corp: CHDO Staff Report April 7, 2010 Page 2 ■ SGVCC will enroll BP youth in the YouthBuild program provided they meet all requirements for enrollment. SGVCC will notify BP of enrollment requirements by 5/1/2090 to ensure the process is transparent. ■ SGVCC shall give priority to BP residents for job opportunities. ■ For all participants under this grant, SGVCC will provide all workers compensation, auto, and liability insurance. ■ SGVCC agrees to provide a 1 -year warranty on labor. The properties available for immediate implementation of this program include the HOME project, which consists of rehab of five detached 2- bedroom units and the NSP project, which consist of rehab of a 2- bedroom property with multiple code violations including an illegal garage conversion. FISCAL IMPACT There is no fiscal impact to the general funds. RECOMMENDATION Staff recommends that the City Council approve the Memorandum of Understanding between the City of Baldwin Park and the San Gabriel Valley Conservation Corps (Corp) in regards to City -owned properties or City - subsidized projects for the purpose of creating and /or rehabilitating affordable residential properties. Attachment Attachment — MOU MEMORANDUM OF UNDERSTANDING BETWEEN: The San Gabriel Valley Conservation Corps 3017 Tyler Ave, El Monte, CA . R City of Baldwin Park, California 14403 E. Pacific Ave, Baldwin Park, CA San Gabriel Valley Conservation Corps, a 501(c)(3) non - profit corporation (hereinafter referred to as SGVCC) and the City of Baldwin Park, a municipal corporation (hereinafter referred to as BP), enter into this Memorandum of Understanding (this MOU) for the express purpose of establishing a formal working relationship between the parties, and to set forth operative conditions with regard to BP -owned properties or BP- subsidized projects as identified by BP's Chief Executive Officer for the purpose of creating and/or rehabilitating affordable residential properties (BP Property). COMMITMENT TO WORKFORCE DEVELOPMENT SGVCC and BP share the goals of workplace, workforce development and low- income housing solutions. The mission of the SGVCC includes job training, education and life skills, so SGVCC members become productive contributors to California's workforce. The mission of SGVCC is to develop and transform disadvantaged youth in the San Gabriel Valley by providing academic, vocational, and leadership development. BP is a participant in the NSP with the goal to pursue elimination of physical and economic blight resulting from home foreclosures and the preservation construction and rehabilitation of affordable housing. 11. PURPOSE The purpose of this MOU is to provide BP with support in conducting its mandate toward providing affordable housing. This MOU also establishes a formal working relationship between the parties based on the following: the terms and conditions set forth herein, the terms and conditions as established by funding agencies, pursuant to any grant(s) or other funding sources. Ill. DESCRIPTION OF SERVICES a. TO BE PROVIDED BY BP BP is the primary liaison on this project. All work on this project must be approved by BP prior to beginning. Review and approve all rehabilitation items. ii. Communicate all approved items to SGVCC iii. Ensure timely response on permit requests, where necessary. iv. Coordinate weekly construction site meetings, V. Actively recruit youth residents of Baldwin Park for enrollment at SGVCC. vi. Participate in the selection of subcontractors for work identified to be outside of the scope of SGVCC's qualifications, in accordance with public bidding and other legal requirements. b. TO BE PROVIDED BY SGVCC The SGVCC will provide the on -site construction and supervision of this project, i. Assess each job site and provide project recommendations to BP for approval. ii. Upon approval by the city and availability of materials GVCC will commence approved project work within ten (10) days after receipt of a written Notice of Commencement from BP and satisfactorily complete, at no charge to BP, approved project work utilizing youth enrolled at the SGVCC; provided, that project work defined is within the scope of SGVCC's qualifications. iii. SGVCC will enroll BP youth in the YouthBuild program provided they meet all requirements for enrollment. SGVCC will notify BP of enrollment requirements no later than 10 days prior to start of work to ensure the process is transparent. iv. For all youth and SGVCC staff under this grant, SGVCC will provide all workers compensation, auto, and liability insurance. V. Participate in weekly construction meetings at the project site. vi. SGVCC shall give priority to BP residents for job opportunities. vii. SGVCC agrees to provide a 1 -year warranty on labor. IV. COMPENSATION SGVCC agrees to rehab one or more single - family residences as requested by BP at no labor cost to BP. The parties anticipate SGVCC will be compensated through the YouthBuild grant as a job training program; provided, that SGVCC's obligations pursuant to this MOU are not contingent on that or other financing. V, LIABILITY AND INDEMNIFICATION With respect to their operations under this MOU, each party shall indemnify and hold harmless the other party and its officers, directors, and employees from and against any and all claims, demands, actions, suits and losses, arising out of the actions of the indemnifying party any of its employees, officers, agents, including injury to any persons, including death or damage to any property caused by, connected with, or attributable to the willful misconduct, negligent acts, errors or omissions of the indemnifying party or its officers, employees, agents and consultants, excepting only that portion of those claims, demands, actions, suits, losses, liability expenses and costs caused in whole or in part by the negligence or willful misconduct of the other party, its officers, directors and employees. VI. DISPUTE RESOLUTION The parties may agree to mediate the dispute using a mutually agreed upon mediator. VII. TERM OF MOU a. Commencement. This MOU shall commence on the date upon which it is fully executed by the parties and shall expire one year after the date thereof or until completion of the funding Grant, whichever is later. b. Modification. Any modification of this MOU must be in writing and executed by duly authorized representatives of the parties specifically indicating the intent of the parties to modify this MOU. c. Approval. This MOU shall require the signatures of he duly authorized representatives of BP and SGVCC. VIII. TERMINATION Either party to this MOU shall have the discretion to terminate this MOU with or without cause, upon thirty -days' (30- days') written notice to the other party; provided, that once SGVCC commences work on BP Property, SGVCC shall satisfactorily complete such work unless it terminates this MOU for cause resulting from BP material default. IX. OTHER PROVISIONS a. Severability. If any provision or any part of this MOU is for any reason held to be invalid and or unenforceable or contrary to public policy, law or statute and/or ordinance, the remainder of this MOU shall remain in effect and enforceable. b. Notification. All notices, requests, and other communications under this MOU agreement shall be in writing and mailed or faxed to the proper addresses as follows. If any party changes its address, that party shall be responsible for notifying the other parties of the new address and all notices shall be provided to the new address. SGVCC City of Baldwin Park 3017 N. Tyler Avenue 14403 E. Pacific Avenue El Monte, Ca 91731 Baldwin Park, CA 91706 Fax: (626) 444 -5339 Fax: (626) 337 -2965 X. ENTIRE AGREEMENT This MOU contains the entire agreement understanding of the parties with respect to the matters covered hereby, and supersedes any oral or written understandings or agreements between the parties with respect to the subject matter of this MOU. No person or party is authorized to make any representations or warranties except as set forth herein, and no agreement, statement representation or promise by any party hereto which is not contained herein shall be valid or binding. The undersigned acknowledges that she/he has not relied upon any warranties, representations, statements or promises by any of the parties herein or any of their agents or consultants except as may be expressly set forth in this MOU. The parties further recognize that this MOU shall only be modified in writing by the mutual agreement of the parties. SGVCC By: Its By: Its BP By: Vijay Singhal, Chief E=xecutive Officer ATTEST: Laura M. Nieto, CMC, Deputy City Clerk Date Date Date APPROVED AS TO FORM: Joseph W. Pannone, City Attorney I; it II I BALDWIN P, A • R, K TO: FROM: DATE: CITY OF BALDWIN PART( Honorable Mayor and COuncllmembers CITY COUNCIL AGENDA APR - 7 STAFF RA ,� Marc Castagnola, AICP, Community Development Mana April 7, 2010 SUBJECT: Proposed Resolution in support of the Valley County Water District Arrow Reservoirs Project PURPOSE This report requests that the City Council approve Resolution No. 2010 -012 in support of the Valley County Water District Arrow Reservoirs Project. BACKGROUND/DISCUSSION At the March 17, 2010 City Council meeting, Councilmember Pacheco requested with the concurrence of Councilmembers that a resolution of support be prepared for: (1) The Valley County Water District Arrow Reservoirs Project; and (2) The Final Initial Study /Mitigated Negative Declaration for the project. The proposed project involves the construction of two 3.0 million gallon above ground steel water reservoirs to achieve the required 6.0 million gallon storage in the Upper Baldwin Park Pressure Zone. The proposed project is located in the City of Irwindale on approximately 1.8 acres of an overall 17.22 acre site at the northwest corner of Arrow Highway and Live Oak Avenue. This property is currently under consideration by the City of Irwindale to construct a Materials Recovery Facility and Transfer Station (MRF). In accordance with the California Environmental Quality Act, BonTerra Consulting for Valley County Water District prepared a Draft Initial Study/Mitigated Negative Declaration for the project, This document was circulated for comment between September 21, 2009 and October 20, 2009. On March 8, 2010 the Valley County Water District Board of Directors adopted the Final Initial Study/Mitigated Negative Declaration for the Valley County Water District Arrow Reservoirs Project. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2010 -012 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS SUPPORT OF THE VALLEY COUNTY WATER DISTRICT ARROW RESERVOIRS PROJECT AND THE ASSOCIATED FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION." ATTACHMENTS `Resolution 2010 -012 CAAmyIAMYM0RDIReportslCounci1 ReportsWCWD Reservoirs Support.doc • •" 1 1 1 C:IAmy1AMY\WORDIReports\Council Reports\VCWD Reservoirs Support.doc RESOLUTION NO. 2010 -012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS SUPPORT OF THE VALLEY COUNTY WATER DISTRICT ARROW RESERVOIRS PROJECT AND THE ASSOCIATED FINAL INITIAL STUDY /MITIGATED NEGATIVE DECLARATION. n WHEREAS, Valley County Water District is proposing to construct two 3.0 million gallon above ground steel water reservoirs; and WHEREAS, the project site is proposed to be located within the City of Irwindale at the northwest corner of the intersection of Arrow Highway and Live Oak Avenue; and WHEREAS, the proposed project will encompass approximately 1.8 acres of the overall 17.22 acre site; and WHEREAS, the construction of this project will achieve the required 6.0 million gallon storage in the Upper Baldwin Park Pressure Zone; and WHEREAS, in August 2009, BonTerra Consulting prepared a Draft Initial Study/Mitigated Negative Declaration for the Valley County Water District Arrow Reservoirs Project; and WHEREAS, the Draft Initial Study/Mitigated Negative Declaration was circulated for comment between September 21, 2009 and October 20, 2009; and WHEREAS, On March 8, 2010, the Valley County Water District Board of Directors adopted the Final Initial Study/Mitigated Negative Declaration for the Valley County Water District Arrow Reservoirs Project. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AS FOLLOWS: Section 1. The City of Baldwin Park hereby declares its support of the Final Initial Study/Mitigated Negative Declaration for the Valley County Water District Arrow Reservoirs Project; and Section 2. The City of Baldwin Park supports the construction of the Valley County Water District Arrow Reservoirs Project; and Section 3. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to the following entities: Valley County Water District; The Upper San Gabriel Valley Water District; and the City of Irwindale; and Section 4. That this resolution shall become effective immediately upon passage and adoption. PASSED, ADOPTED AND APPROVED on this 7th day of April, 2010. Manuel Lozano, Mayor ATTEST: Laura M. Nieto, CMC Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } ss. CITY OF BALDWIN PARK } I, Laura M. Nieto, CMC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2010, 012 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council held on April 7, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CMC, Deputy City Clerk CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REP T 11 G BALDW I N ITEM NO. 1. r•A�R K TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic DATE: April 7, 2010 SUBJECT: AWARD CONTRACT FOR EQUIPMENT AND INSTALLATION OF THE OUTDOOR FITNESS ZONE AT HILDA L. SOLIS PARK PURPOSE The purpose of this report is to request authorization to award the contract for the purchase and installation of equipment forthe Outdoor Fitness Zone at Hilda L. Solis Park. BACKGROUND On November 24, 2009, the Department of Recreation and Community Services received notice a Grant in the amount of $30,000 was approved by Kaiser Foundation Hospital to fund an outdoor fitness zone project at Hilda L. Solis Park. The title of this project is, Workout Baldwin Park, which reflects a collaborative approach to increase access to physical activity opportunities in the community. This project consists of eight (8) pieces of outdoor fitness equipment to be installed at Hilda L. Solis Park. The work includes excavation, grading, perimeter curbing and flooring. The equipment includes the cost of each piece, delivery, assembly and installation. Staff advertised the Request for Proposals (RFP) on the City's website for thirty (30) days and sent out packets to four (4) of the top vendors who specialize in outdoor fitness equipment. DISCUSSION On March 1, 2010, two (2) proposals were received for the equipment and installation of the Outdoor Fitness Zone at Hilda L. Solis Park. Staff reviewed two (2) proposals and after meeting with the vendors, determined Miracle Playground Equipment submitted the lowest responsive bid in the amount of $36,247.50. This contractor has recently completed similar fitness zones at most Los Angeles County Parks as well as for the City of Los Angeles. Miracle Playground is also encouraged to participate in the City's newly adopted policy, which provides incentives to contractors for hiring reside ntslbusiness in Baldwin Park for City administered construction contracts. Staff is working with Miracle to confirm their level of participation in this incentive program. The Contractor was able to participate in a Public Input Meeting on Saturday, March 27, 2010. In an effort to incorporate ideas from the residents into the final design of the project, several pieces were available during the event for the community to test. A final design of the project is being presented to the City Council, which includes some of the recommendations of residents. Phase I of the of the project is to install all of the fitness equipment at Hilda L. Solis Park, which is expected to be completed in June 2010. Phase 11 of the project will include identifying and mark walking trails within and around the park to compliment the fitness zone. FISCAL_ IMPACT The funds that have been designated for the equipment and installation for the project are through a grant from Kaiser Permanente in the amount of $30,000. The monies have already been received by the City of Baldwin Park and will be expended through (ACCT #501 -60- 000 - 22334- 00000). On Tuesday, February 2, 2010 the City Council approved $15,500 to be allocated from the Quimby Funds to cover the remaining cost of the project, flooring and additional features for Phase II of the project. Upon the completion of Phase II, any unused monies will be returned to the Quimby fund. RECOMMENDATION Staff recommends that the City Council: 1. Award a Contract to Miracle Playground in the amount of $36,247.50; and 2. Authorize the Mayor to execute the attached agreement; and 3. Authorize the Director of Recreation and Community Services to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract; and 4. Authorize Finance Director to expend $15,500 from Quimby Account. Attachments: A) Summary of Proposals Received B) Rendering of Proposed Outdoor Fitness Zone C) Contract/Agreement with Miracle Playground ATTACHMENT A Hilda L. Solis Outdoor Fitness Zone Equipment and Installation 1 Miracle Playground $36,247 2 Great Western $45830 AGREEMENT FOR HILDA L. SOLIS PARK OUTDOOR FITNESS ZONE EQUIPMENT AND INSTALLATION THIS AGREEMENT is made and entered into this 7th day of April 2010, by and between the City of Baldwin Park ( "City "), and Miracle Playground, a California corporation. City and Vendor are each a "Party" and are collectively the "Parties." RECITALS A. City released a request for proposals for the installation of playground materials and installation equipment (the "RFP "). B. Vendor was one of two companies responding to the RFP and submitted the lowest proposal. C. City staff checked the qualifications of Vendor and found it is qualified to perform services required. D. City and Vendor both desire enter into an agreement for the services described in the RFP. NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein, the Parties hereby agree as follows. 1. SCOPE OF SERVICES. Vendor agrees to: • Supply outdoor fitness equipment pieces • Deliver and assemble all equipment + Prepare site and install equipment • Install all necessary flooring for fitness zone The provisions of the most recent edition of Standard Specifications for Public Works Construction and City's standard engineering specifications for public projects shall apply to this Agreement. 2. OWNERSHIP OF DOCUMENTS. Any document prepared by Vendor pursuant to this Agreement shall, upon the completion thereof, be deemed for all purposes to be the property of City. 3. COMPENSATION. Vendor shall be compensated for the services rendered hereunder in the amount of Thirty Six Thousand Two Hundred Forty Seven Dollars and Fifty Cents ($36,247.50). The amount of compensation established herein shall be deemed full compensation for all work, labor, and services provided by Vendor in the performance of this Agreement, including but not limited to any required insurance. Page 1 of 5 Furthermore, the Vendor will respond to all calls and bill accordingly for services provided. Vendor will be compensated based on the percentage of individual work tasks that have been satisfactorily completed and accepted by the City. Under no circumstances will the Vendor be paid more than eight -five percent (85 %) of the total project fee before the final project has been approved and accepted by City's City Council, which shall not occur until Vendor has made all changes to the finished project as requested by the City. The remaining fifteen (15 %) of the total project fee will be retained by City until thirty -five days (35 %) after a Notice of Completion has been recorded by City. 4. BILLING. Vendor shall provide billings no more than once monthly. Each billing shall be paid within thirty -five (35) days after City's approval of that billing. Each billing shall describe the services provided and the percentage of work completed. Thirty -five (35 %) percent of the total compensation shall be due upon Vendor providing proof of ordering the equipment. Another thirty -five percent (35 %) of the total compensation shall be due upon Vendor's acceptance of delivery of the appropriate equipment. Another fifteen percent (15 %) shall be due upon Vendor's satisfactory installation of the equipment. The final fifteen percent (15 %) shall be due as set forth in Section 3, above. 5. TERM. Vendor's services shall commence on April 7, 2010 (the "Effective Date "), and shall terminate upon Vendor's satisfactory completion of the project, unless earlier terminated by either Party in the manner set forth herein; provided, that if satisfactory completion occurs after June 26, 2010 (the "Completion Date "), for any reason within the control of Vendor, then, as liquidated damages, Vendor shall pay City Two Hundred Fifty Dollars ($250.00) for each day, or portion thereof, after the Completion Date the work is satisfactorily completed. 6. TERMINATION. The City may terminate this Agreement and the services to be rendered hereunder at any time, with or without cause, by providing the Vendor not less than thirty -days' (30- days') prior written notice. Vendor may terminate this Agreement and the Services to be rendered hereunder at any time, with or without cause, by providing the City not less than thirty (30) days prior written notice. In the event of termination by either Party, all documents, data, and reports prepared by Vendor, whether or not finished, shall be City's property, and shall be delivered to City or to any other party City may designate. 7. STATUS OF VENDOR. Vendor is, and shall be, acting at all times in the performance of this Agreement as an independent vendor and not as an employee of City. Vendor shall secure at his expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Workers' Compensation, and payroll deductions, if any, in connection with the Services to be performed hereunder. Page 2 of 5 8. LIABILITY. City shall indemnify, defend, and hold harmless Vendor against actions, claims, damages, liabilities, losses, or expenses, including legal costs and attorneys' fees, and any judgment rendered against Vendor that may be asserted or claimed by any person, firm, or entity arising out of or in connection with Vendor's performance of this Agreement. In connection therefore, while performing the purpose of this Agreement, and while Vendor is acting within the course and scope of this Agreement, the parties intend for Vendor to be entitled to the immunities and privileges set forth in the Government Tort Claims Act (California Government Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. Vendor shall be fully compensated and reimbursed, pursuant to Section 3, above, for time spent and costs incurred while representing City in any legal action during or after the term of this Agreement. 9. INSURANCE. To the extent City may have liability and indemnity insurance, or some other type of liability and indemnity coverage, including membership in a liability and indemnity coverage pooling arrangement, which liability and indemnity coverage extends to Vendor while he is acting within the course and scope of this Agreement, then Vendor shall be entitled to the benefits of such coverage, as primary coverage. The following minimum insurance coverage is required of the Contractor and all sub- contractors. a. Commercial general liability insurance or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence; b. Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits not less than $1,000,000 per accident; c. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence; (insurance shall include coverage for owned, hired and non -owned automobiles.) All Certificates of Insurance of any kind shall name the City of Baldwin Park as additional insured with respect to the performance by the Contractor and all sub- contractors. City will accept only Additional Insured (Form B), CG2010, with an edition date prior to 1993, unless approved otherwise by the City Attorney. 10. NOTICES. Any notices or special instructions required to be given in writing under this Agreement shall be given by personal delivery, facsimile communication, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: Page 3 of 5 City of Baldwin Park Department of Recreation & Community Services 4100 Baldwin Park, CA Baldwin Park, CA 91706 -4297 Attn: Manuel Carrillo Jr. Phone: (626) 814 -5269 Facsimile: (626) 8142998 TO VENDOR: Miracle Playground Sales 9196 Stellar Court Corona, CA, 92883 800 -264 -7225 If City or Vendor have a change of address or telephone or facsimile number, then that Party shall be immediately notify the other Party in writing of such change. 11. MODIFICATION. This Agreement is the entire Agreement between the Parties with respect to the subject matter hereof, and no other agreement, statements, or promise relating to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith. 12. ENFORCEMENT. In the event any Party institutes any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its court costs and reasonable attorneys' fees. Page 4 of 5 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day first written above. "CITY": CITY OF BALDWIN PARK "VENDOR" A; Manuel Lozano Mayor APPROVED AS TO FORM: Joseph W. Pannone, City Attorney ATTEST: Laura M. Nieto, CMC, Deputy City Clerk By: Its By: Its Page 5 of 5 To: Honorable Mayor and Members of the City Council From: Lili Hadsell, Chief of Police Date: April 7, 2010 —g/, Subject: CITY COUNCIL CONSIDERATION AND APPROVAL OF THE RECEIPT OF FUNDS ALLOCATED BY THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) MINI - GRANT PROGRAM AND TO ENTER INTO A CONTRACT WITH ABC TO ADMINISTER THE GRANT PURPOSE The purpose of this report is to request Council approval to receive funds allocated by the State of California Department of Alcoholic Beverage Control (ABC) to facilitate law enforcement operations targeting the sale of alcoholic beverages to persons under the age of 21 years. BACKGROUNDIDISCUSSIION The City of Baldwin Park Police Department has been selected as a recipient city under ABC's Mini -Grant Program. The Police Department will have $7,500.00 allocated to it by ABC to support overtime costs incurred in the performance of the specific law enforcement operations described in the grant program. The Mini -Grant Program is designed by ABC to be conducted on an overtime basis; in this manner normal Police Department operations within the city are not affected. The grant will support several operations. The two enforcement operations are the Minor Decoy operation, in which a person under the age of 21 attempts to purchase alcohol directly from retailers, and the Shoulder Tap operation, in which a person underthe age of 21 attempts to solicit other patrons of the licensee to purchase alcohol on their behalf. The Mini -Grant Program will also support at least one LEAD (Licensee Education on Alcohol and Drugs) class for licensed alcohol retailers within the City of Baldwin Park, in which retailers will be offered training and legal updates regarding theirABC licenses to sell alcohol. The program will also involve media coverage of the enforcement operations. An ABC peace officer will be assigned to work with Police Department personnel during these operations. The City Attorney has reviewed the attached Resolution and Memorandum of Understanding and approved them as to form and content. FISCAL IMPACT There will be no negative impact to the general fund. RECOMMENDATION Staff recommends: 1) The City Council approves the receipt of money granted by the State of California Department of Alcoholic Beverage Control Mini -Grant Program in the amount of $7,500.00 to perform law enforcement operations to reduce the sale of alcoholic beverages to persons under the age of 21 years. 2) Waive further reading, read by title only and adopt Resolution No. 2010 -011 entitled, "RESOLUTION OF THE CITY OF BALDWIN PARK EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION FOR AND RECEIPT OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL MINI -GRANT PROGRAM." Attachments: 1.) Memorandum of Understanding 2.) Resolution No. 2010 -011 RESOLUTION NO. 2010-011 RESOLUTION OF THE CITY OF BALDWIN PARK EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION FOR AND RECEIPT OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL MINI -GRANT PROGRAM. WHEREAS, the State of California, Department of Alcoholic Beverage Control will provide funds through the Department's Mini -Grant Program to local governments to support law enforcement operations targeting the sale of alcoholic beverages to persons under the age of 21, WHEREAS, the City of Baldwin Park has been selected as a recipient of Mini -Grant Program funds to support these operations through the year 2010, WHEREAS, the City Council held a public hearing on this matter on April 7, 2010, to hear all comments from the public and to consider the matter, and WHEREAS, as a recipient city, the City of Baldwin Park will enter into a contract with the State of California, Department of Alcoholic Beverage Control, for the grant, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Expresses support for the grant project, Section 2. Consents to the project and accepts the work, goods or services provided through the project, and Section 3. Approves receipt of the grant program funds, Section 4. Authorizes the Chief of Police or her designee to sign any and all documents necessary for the grant, subject to approval as to form by the city attorney. PASSED AND APPROVED this 7 day of April, 2010. MANUEL LOZANO MAYOR Resolution No. 2010 -011 Page 2 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 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 day of , 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO DEPUTY CITY CLERK TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK Honorable Mayor and Members of the City Council Edwin "William" Galvez, Director of Public Works April 7, 2010 CITY COUNCIL AGENDA APR - 7 ITEM NO. -- 1- -- STAFF REPORT ACCEPTANCE OF THE FRANCISQUITO AVENUE REHABILITATION PROJECT CONSTRUCTED BY HARDY AND HARPER, INC. AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION The purpose of this report is to provide an overview of the completed work and consider the project's acceptance, contract closeout, and authorization to record a Notice of Completion. BACKGROUND City Staff worked with Caltrans to obtain Federal funds for the roadway improvement of Francisquito Avenue, from city limit to city limit. On February 2, 2009, staff received notice of funding authorization from FHWA (Federal Highway Administration). On April 15, 2009 Council awarded a construction contract to Hardy & Harper, Inc. in the amount of $868,000, and a construction management contract to Vali Cooper and Associates, Inc. in the amount of $94,985. DISCUSSION This project consisted of rehabilitating the roadway pavement on Francisquito Avenue, from Ramona Boulevard to the South City Limit. The work involved repairing concrete improvements and placing a rubberized asphalt concrete overlay. Prior to initiating construction, utilities were relocated near the Metrolink tracks on Francisquito Avenue just south of Baldwin Park Boulevard. Utility relocation costs were borne by each respective utility. When construction began, Verizon and Valley County Water informed the City that a delay in obtaining permits from SCRRA (the train tracks operator) would impact the completion of their utility work under the tracks. This would either substantially delay construction, or the City would need to allow utilities to trench into new pavement and repaving would trigger substantial construction costs. Notice of Completion, Francisquito Avenue Rehabilitation Page 2 of 4 April 7, 2010 Cost Extras Construction on Francisquito was required to begin without delays to preserve grant funds and make progress on this highly anticipated project, so therefore our Construction Manager recommended dividing the project into two phases, one north of the tracks, and the other to the south. The project specifications did not cover phasing costs, and the contractor, Hardy and Harper, initially indicated that an additional mobilization /demobilization cost would be requested for phasing to be considered. Instead, however, our Construction Manager worked out details with the contractor whereby the project was phased at no additional construction costs. Project phasing did come at a cost, though, since at the City's request, the construction timeline for administration and inspection was extended by 30 working days. This cost is one that the City would have nevertheless experienced due to the utility delays. The added Construction Management cost for phasing was $35,000. On July 13, 2009, as part of the City's Capital Improvement Plan, Council approved a change order in the amount of $250,000 for traffic safety enhancements, which included signal upgrades for $91,000, speed feedback signs for $69,000 and urgent street repairs in the amount of $90,000. Due to this substantial increase in the construction contract, additional administration and construction inspection fees were incurred in the amount of $31,250, which is roughly a proportional amount of the construction cost increase. Completed Improvements The construction contractor completed the Francisquito improvements with rubberized asphalt, superior quality thermoplastic paint, ADA compliant pedestrian push buttons, countdown pedestrian signals at cross- walks, LED traffic signal lights, speed feedback signs, and performed numerous urgent street repairs. The construction manager provided turn -key services, managing and inspecting all aspects of the project construction as the core service. Other services also included materials testing and ensuring compliance with APWA Standards, CAL -OSHA Safety Regulations, MUTCD traffic controls, and Federal Labor Compliance. The consultant also conducted project closeout responsibilities, including preparation and submittal of documents needed for reimbursement of funds. The total amount expended for project construction is $1,283,715 and this includes the construction contract for $868,000, construction cost extras for $254,480, construction management, labor compliance, and inspection and testing services for $161,235. Notice of Completion, Francisquito Avenue Rehabilitation Page 3 of 4 April 7, 2010 FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. Staff has obtained authorization from FHWA to expend up to $1,452,000 of Federal funds for the construction of this project, including contingencies. In addition, the City Council authorized staff to expend up to $1,299,785 in total construction costs including cost extras for traffic safety. Expenditures of authorized Federal funds will be reimbursed at a ratio of 88.53 %, with a City match of 11.47 %. The following tables summarizes the funds authorized by the City Council, the total expended, and the actual amount reimbursed: Authorized Funds (Authorized by City uouncii �ro'ect Expenditures Total Construction (see Attachment 2) ........ E _- $1 122,480 Total Construction Management see Attachment 2 $161,235 Total Expenditures ' $1,283,715 Arhial Reimbursement FHWA Funds 88 53% 1 $1,283 715 ` $1,136,473. .. ......... , .. ........... ......... ...... Rubber Asphalt Grant (to serve as city match) $150,000 f Total Authorized by City Council I $1,286,473 The city will meet its 11.47% match requirement using the $150,000 Rubberized Tire Grant which is more than the minimum of $147,242 (11.47% of the total $1,283,715 expended). The savings from this project will become unexpended Federal STPL funds that will remain allocated to the City of Baldwin Park, and can be used on a future federally eligible project. Notice of Completion, Francisquito Avenue Rehabilitation Page 4 of 4 April 7, 2010 RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Hardy and Harper, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize a contract extra in the amount of $66,250 to Vali Cooper and Associates, Inc.; and 3. Authorize the payment of $112,248.06 in retention funds to Hardy and Harper, Inc. upon expiration of the 35 -day lien period. ATTACHMENTS 1. Notice of Completion 2. Project Expense Summary When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use On NOTICE OF COMPLETION Attachment 1 Notice is hereby given that the certain work of improvement known as: Francisquito Avenue Rehabilitation Project for the City of Baldwin Park was accepted by the City Council on: April 7, 2010. The work of improvement was performed and completed by: Hardy and Harper, Inc. on November 6, 2009. The undersigned, being duly sworn, is the Director of Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK Edwin "William" Galvez, P.E. Director of Public Works /City Engineer Date: NOTARY PUBLIC CERTIFICATE ) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS On this day of 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 6; Authorized Funds (Authorized by City Council) Construction 10% Construction Contingency Construction Management Traffic Safetv Enhacements Attachment 2 $868,000.00 $86,800.00 $94,985.00 $250,000.00 ]Total Authorized nv uity L;ouncii I l 1 ,4VZ ?, r ov.Uv Actual Expenditures Construction - Hardy & Harper Contract $868,000.00 Change Order A (Project Phasing) $0.00 Contract Change Order #1 $2,052.00 Contract Change Order #2 $73,836.60 Contract Change Order #3 $87,856.02 Contract Change Order #4 $5,000.00 Contract Change Order #5 $29,500.00 Contract Change Order #6 $90,000.00 Contract Change Order #7 $1,760.70 Contract Change Order #8 $14,245.00 Contract Change Order #9 $16,915.50 Contract Change Order #10 $0.00 Contract Change Order #11 $9,215.00 Contract Change Order #12 $13,323.39 Change Order B (Qty Adjustments) $79,359.62 Contract Change Order Total $264,344.59 Construction Subtotal $1,132,344.59 Admin Deducts by CM for $250k change order ($9,864.00) Construction Total $1,122,480.59 Construction Management - Vali Cooper Contract $94,985.00 Add Inspection - 30 Days Extra (phasing) Add CM for $250k cost extra $35,000.00 $31,250.00 Construction Management Total $161,235.00 Total Actual Expenditure on Project $1,283,7 15.59 CJAI70 Pro.jectsl2 G Num= fitle12008 -001 Francisgt3itoAveRebabl 6Accouuting \ProjectlixI)Sununary1 -26 -10 BALDWIN CITY OF BALDWIN PARK P A, R - K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Diractor of Public Works DATE: April 7, 2010 CITY COUNCIL. AGENDA APR - e ITEM N0. A 0- STAFF REPORT SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTION OF THE FY 09 -10 CDBG STREET IMPROVEMENTS TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $64,460. PURPOSE This report requests that the City Council consider awarding a construction contract for the FY 09 -10 CDBG Street Improvements Project to All American Asphalt in the amount of $64,460. BACKGROUND The project consists of crack and slurry sealing the streets in CDBG eligible areas. Crack sealing will prevent water from infiltrating and damaging the roadway subgrade while a coat of slurry will rejuvenate the pavement surface. The streets included in the scope of work are Salisbury St, Royston St, Aukland St, Finchley Ave, Chelsfield St all from Syracuse Ave to Barnes Ave and Fairgrove St and Waltham St both from Syracuse Ave to Westcott Ave. The improvements include repairing concrete work such as sidewalk where necessary in that neighborhood. Community Development Block Grant (CDBG) funds have been allocated to the City of Baldwin Park thru the Housing and Urban Development (HUD) agency in the amount of $143,000. The use of CDBG funds requires that only eligible areas receive benefit of these funds. On February 2, 2010, the City Council approved the plans and specifications for the CDBG Street Improvement Project and authorized staff to advertise the project to obtain construction bids. Staff has advertised the project by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance Housing and Urban Development (HUD) agency requirements. Award a Contract for FY 09 -10 CDBG Street Improvements Project Page 2 of 3 April 7, 2010 DISCUSSION On March 3, 2010, three (3) bids were received, opened, and declared publicly. A summary of the bids received is included as Attachment 1. Staff has analyzed the construction bids, and is prepared to recommend the award of a construction contract to the lowest bidder. Staff has reviewed the bid documents and has verified that the contractor's references are satisfactory. Staff is prepared to perform the construction oversight upon the beginning of the construction. This contractor has recently completed similar roadway rehabilitation improvements for the City of Dana Point, Beverly Hills and Redondo Beach. This Contractor has a Class A - General Engineering Contractors' license in good standing with the State Contractors' Board. A background search shows no irregularities regarding this Contractor. All American Asphalt will also be encouraged to participate in the City's newly adopted policy which provides incentives to contractors to encourage the hiring of City residents /businesses for City administered construction contracts. Staff will work out the details of this policy with the Contractor to confirm the level of their participation. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. Staff has obtained authorization to expend up to $143,000 of Federal funds for the construction of this project, including contingencies. The following table summarizes the funds authorized for the project: Since there may be approximately $65,000 remaining available after competing the contract improvements, staff will recommend to the Chief Executive Officer added eligible improvements to maximize the benefit of these funds to the Baldwin Park community. Nevertheless, any funds remaining on balance will be carried over and eligible for future City of Baldwin Park improvements. Award a Contract for FY 09 -10 CDBG Street Improvements Project Page 3 of 3 April 7, 2010 RECOMMENDATION Staff recommends that the City Council: 1. Award a Construction Contract to All American Asphalt in the amount of $64,460; and 2. Authorize the Mayor to execute the attached agreement; and 3. Authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. 4. Authorize the Chief Executive Officer to approve completion of additional improvements up to $65,000 utilizing available CDBG funds allocated to the City of Baldwin Park. ATTACHMENTS 1. Summary of Bids Received 2. Construction Contract/ Agreement 3. Proof of State Contractor's License Attachment 1 CDBG STREET IMPROVEMENTS IN THE CITY OF BALDWIN PARK No Contractor Total Bid Notes 1 All American Asphalt $641460 Lowest Bidder 2 Roy Allan Slurry Seal, Inc. $79,175 3 LSC Construction $126,750 Attachment 2 SECTION D. CONTRACT CDBG STREET IMPROVEMENTS PROJECT IN THE CITY OF BALDWIN PARK AGREEMENT THIS AGREEMENT, made and entered into this 7th day of April , 20 10 , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and All American Asphalt "CONTRACTOR." WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract 1 Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: CDBG Street Im rovement Proiect (the "Work of Improvement ") all in accordance with the Contract Documents and CONTRACTOR'S Proposal dated March 3, 2010 CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman -like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of sixty four thousand, four hundred and sixty Dollars $64,460.00 which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a Notice To Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within thirty — (30) - calendar days (also specified in the CONTRACTOR'S Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6, The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and/or State rates of wages applicable to the Work of Improvement. CONTRACTOR understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. CONTRACTOR acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50,00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. ATTEST; CHIEF DEPUTY CITY CLERK CONTRACTOR BY (Title) BY CITY OF BALDWIN PARK Manuel Lozano, MAYOR APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT "A" CDBG STREET IMPROVEMENTS PROJECT IN THE CITY OF BALDWIN PARK Notice Inviting Bids Instructions to Bidders & Information for Bidders Bidder's Proposal Contract 1 Agreement Specifications Documents in the Appendix (if any) Modifications and Amendments thereto Attachment 3 Check u Lie €ti -w err.liorne Improveluccit Sawspenon lCMi Rclgisiratiou = blitractors Stat,., Pagc 1 al 1 1. I. " D15CLARAER: A lie'Om sstutas chooh pro vlaeg hrfannanun hikun from the C:5lli Ilceriau dAfabassr, Bugure Wyhip t ik ahis Inionnaiion. ynh shouiri ho- aware of the innowins; Irmllnl4ow - °'CS 1A:OntainN riallwo,,o;U rosAictel nv leiy, 1,1'A;! ,I,i''tnio enfey -s suuj.„t10fwbliv Cuwpu:rll dEsclo::lie -a trot, for C'c?{•,vu!1!7 L`3S.i:a'Jr3'N if3pn;:8fvolt.w. 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Date: C:4iG :f2:r(Y7 .............. ?. ?ha iic�mcoae:edt, Fanga.€ng C}ir3oyr,Rg,1t7 Crk?itgl f3AY "TC11i ft`. >h6AC7¢t�wri4c. 16m l,afs'ne mun, SI7 pnr_.an? r.: r;urG of Lot YOM? slacKrsrau a gl ih4 c�raaraf�a, A bond not rva;ilm'. MWfive Date: Cl M- ']iiti 1tut Iilwne rus wDrxc n :'Jm,{lengs UI it st:'#1tFSa twit' tnc Pat }�y F3ura6or: t399f ?{f'32 :: Workors' Ca rrpansntion; . f4e ^.five dale: fil4tYi;290E? Expiry Uaic: 11 Y ^`W6�n a {i itt�i cri li b3 Si °prrsll {r.Unl4{ r Ati' a'SC_aaw3j Aw H. 1 i1 an 'Arju., :riC �SiL` r:;�pyrtyiii � !`v`1 U eta l,• r}t i..ilb;i,lrf #lit hup:;:,r,� -m "�?. s11 .;'H.t ;t,>,'C:ittliriiSrrvi es!C ".f� f} °f_icetiSC f_iCt,nst,l�..ttlil.. si, ; ±21 11 2 0 1f? IR114 BALDWIN P -A, R, K CITY OF BALDWIN PARK CITY COUNCIL AGENDA APR - 7 ITEM NO..__� STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Mana DATE: April 7, 2010 SUBJECT: Neighborhood Stabilization Program (NSP) — Purchase of a Property Eligible Under the NSP. PURPOSE To ratify the authority given to the Chief Executive Officer to purchase a property eligible under the NSP located at 4853 Azusa Canyon Road, Baldwin Park, CA 91706. BACKGROUND 1 DISCUSSION On July 30, 2008, the President of the United States signed Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA), which approved several new initiatives and substantial reforms to address the nation's current housing situation. One grant program under Title 111 is commonly referred to as the Neighborhood Stabilization Program (NSP). The intent of the Neighborhood Stabilization Program is to provide targeted emergency assistance to state, county, and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities. NSP requires that specific areas within city boundaries be designated as NSP eligible identified by the amount of foreclosures in that area at the time the City submitted its application for NSP funding. As authorized by the City Council on March 17, 2010, the Chief Executive Officer executed a purchase agreement for the subject property eligible under the NSP. Subject Property The property is located at 4853 Azusa Canyon Road, south of Olive Street, north of Arrow Hwy. Property details are as follows: Bedrooms /Bath Sq. Ft Lot Size Initial Code Violations 211 922 7,155 Illegal garage conversion The rehabilitation will include correction of all code violations, energy efficient upgrades, exterior improvements, kitchen remodel and other miscellaneous items. NSP April 7, 2010 Page 2 of 2 The unit meets the following initial NSP requirements: ® The property is a foreclosure Selling Agent has verbally confirmed that property has been vacant for at least 90- days (pending final certification to that affect). ® Property is located in NSP eligible area it Accepted offer is at the required 1 % reduced rate The valuation is as follows: Appraised Value: $230,000 Assessed Value: $232,400 Initial list price: $239,900 Accepted Offer: $227.700 (1 % below appraised value) The purchase agreement is subject to the following: 1) City Council approval of property 2) The appraisal determines property is appraised at less than the offer at the 1 % required discounted rate and the seller is not willing to lower the price 3) Notwithstanding any other provision of the Purchase Agreement, City shall have no obligation to purchase the Property, and no transfer of title to the City may occur, unless and until the City and Seller have been provided with a written determination, on the basis of the NSP required environmental review, that purchase of the Property by City may proceed, subject to any other Contingencies in this Purchase Agreement, or may proceed only if certain conditions to address issues in the environmental review shall be satisfied before or after the purchase of the property. The City and Seller shall use its best efforts to conclude the environmental review of the property expeditiously 4) The State approves the property The above contingencies would be in compliance with NSP requirements and would limit the City's risk and ensure the return of funds from escrow upon canceling of purchase. Escrow is anticipated to close by the end of April. FISCAL IMPACT There is no impact to the General Fund. RECOMMENDATION Staff recommends that the City Council approve the purchase of the property eligible under the NSP located at 4853 Azusa Canyon Road, Baldwin Park, CA 91706. 1 ��r11f � ll ►,� BALD IN P , A , R � K TO: •1 _ 4 i - i .. It WIT APR - 7 CITY OF BALDWIN PARK STAffFFM0QRT' 7w,_ Honorable Mayor and Councilmembers Marc Castagnola, AICP, Community Development Ma DATE: April 7, 2010 SUBJECT: An appeal to the City Council of the Planning Commission's decision to deny a request for the conversion of an existing service alley to a 24- hour vehicular drive -thru in conjunction with a future fast food restaurant proposed for an existing building (Case No.: CP -769; Location: 14510 Baldwin Park Towne Center Dr., Unit A -1; Applicant: Joseph Rivani, representing Baldwin Park Plaza, LLC) PURPOSE The report requests the City Council's consideration of an appeal of the Planning Commission's decision to deny a conditional use permit (CP -769) for the conversion of an existing service alley to a 24 -hour vehicular drive -thru (Section 153.167 (F) of the City's Municipal Code) in conjunction with a future fast food restaurant proposed for an existing building. CEQA/NOTICING In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. For this public hearing, public hearing notices were mailed to property owners within a 300 foot radius on March 26, 2010. Additionally, tenants of the subject propertywere provided a courtesy public hearing notice on March 26, 2010 Furthermore, a Notice of Public Hearing was posted on March 25, 2010 at the subject site, City Hall, Barnes Park, and Esther Snyder Community Center. CP -769 (Appeal) April 7, 2010 Paqe 2 BACKGROUND SUBJECT PROPERTY AND SURROUNDING LAND USES The subject property is located within the Home Depot Shopping Center bounded by Puente Avenue, Garvey Avenue, and the 1 -10, San Bernardino Freeway. The specific site is zoned General Commercial (C -2) and is designated as General Commercial in the General Plan Land Use Element. The property is an outlying commercial retail strip which is located at the intersection of Garvey Avenue and Puente Avenue. TABLE #1 ADJACENT LAND USES TO THE OVERALL- SITE ADJACENT PROPERTY ZONING PROPERTY USE North Unknown- -City of West Covina Single- Family Residential South F -C Motel 6 East Unknown- -City of West Covina Marriott Parking Lot West C -2 /R -1 Chevron Gas Station/Single- I Family Residential TABLE #2 ADJACENT LAND USES TO THE SUBJECT PARCEL ADJACENT PROPERTY ZONING PROPERTY USE North C -2 Home/Depot South F -C Motel 6 East C -2 Mc Donald's West C -2 Chevron Gas Station The subject parcel where the proposed drive -thru will be located contains approximately 1. 12 acres (approximately 48,787 s.f.) and is one parcel of the Home Depot Shopping Center which contains a total of 15.2 acres. The unit in question contains approximately 2,300 s.f. and is at the southern end unit of a 23,340 s.f. commercial /retail building. Furthermore, the parcel is flat and developed with Home Depot, Mc Donald's and Starbucks with a drive -thru, Denny's Restaurant, Guadalajara Grill Restaurant, and the Marriott Hotel. 2. PROJECT DESCRIPTION The Applicant is requesting a conditional use permit to operate a 24 -hour vehicular drive -thru in conjunction with a fast food restaurant proposed to be located in the existing building at the subject property. The Applicant seeks to redesign the existing service alley along the rear of the building to accommodate a drive -thru, which is CP -769 (Appeal) April 7, 2010 Paae 3 proposed to be utilized by a fast food restaurant that will occupy the end unit of the existing commercial /retail building. When the subject building was originally constructed in the mid 1980's, it was setback about twenty -five (25) feet from the corner of the major intersection of Puente Avenue and Garvey Avenue and allowed for not only a landscaped setback, but also a service alley. The building was constructed with the main entrances to the units facing east, allowing for the service alley, refuse area, and loading /unloading areas to the rear of the building, fronting the intersection and is semi - screened by a block wall. According to the site plan submitted, the service alley is approximately seventeen (17) feet wide (wall to wall) and is utilized by some of the existing businesses for load ing /unioading as well as access to the refuse enclosure which is built into the existing building. 3. PROJECT TIMELINE AND SUMMARY OF ACTIONS • June 10, 2009 The Applicant submits the conditional use permit application. However, staff deemed this application incomplete due to the lack of basic application requirements. Once the requested information was provided, the application package was deemed complete in early July 2009. • August 25, 2009, Special Meeting of the Planning Commission In order to process this application in a timely manner, staff scheduled a Special meeting of the Planning Commission to review this application. However, staff later requested that the Planning Commission continue this item due to an unsatisfactory traffic report. Further, during the meeting, a comment was received regarding public safety. As a result of that comment, staff requested that the Police Department to complete an analysis of the crime reports /incidents at the location and provide a brief summary for inclusion in a future staff report. The Commission continued the item to a future meeting date unspecified. o November 16, 2009, Special Meeting of the Planning Commission At the request of the applicant, staff scheduled a Special meeting of the Planning Commission to process this application. However, after coordination with commissioners and noticing of the meeting, on November 9, 2009, the Applicant submitted different proposals to accommodate the drive -thru queuing area. As a result, staff determined that additional time was necessary to review the different proposals and requested the item be continued. The Planning Commission continued the item to December 9, 2009. 0 December 9, 2009, Regular Meeting of the Planning Commission Between the November and December meetings, the Applicant submitted information related to his request on a piecemeal basis to staff, including a letter from the adjacent property owner, Home Depot approving the reconfiguration of the drive - approach into the shopping center. Also during this time, the Applicant's Engineer and the Public Works Director were still discussing the dimension /engineering details of the modified drive - approach into the shopping CP -769 (Appeal) April 7, 2010 Paae 4 center. Ultimately, due to conflicting Commissioner schedules, the December 9, 2009 meeting could not be held due to a lack of a quorum. No meetings were held in December 2009 due to the Holidays and Council Chambers availability. January 13, 2009 Regular Meeting of the Planning Commission. After several months of working with the Applicant on numerous issues surrounding the request to convert the existing service alley to a vehicular drive -thru, Staff renoticed the public hearing item for the January 13, 2010 meeting of the Planning Commission. On Thursday, January 7, 2010, both the Planning Commissioners and the Applicant were forwarded a copy of the staff report. On Monday, January 11, 2010, staff received an e-mail from the Applicant requesting changes to the conditions of approval. On Tuesday, January 12, 2010 staff forwarded a revised staff report to the Applicant and Commissioners. After a brief presentation by staff, the Applicant made a presentation and requested that several of the conditions of approval be amended or eliminated by the Planning Commission. As a result, Chair Dexter moved, and the Commission voted, to continue the item to the February 24, 2010 meeting in an effort to provide more time for staff and the Applicant to address the issues raised. Pursuant to the Commission's request, Staff met with the Applicant the week of January 18, 2010 to discuss numerous conditions contained in the January 13, 2010 staff report. At the completion of this meeting, several conditions remained unresolved. Most notably, the issue related to the location and use of the refuse enclosure was not resolved. Also, on February 1, 2010, the Applicant forwarded "before" and "after" photo simulations of the drive -thru area. It should be noted these pictures and photo simulations were illustrative only and no technical drawings were submitted for staff review. Therefore, staff could not take into account any quantity or verify any measurements based on the illustrative material. • February 24, 2010 Regular Meeting of the Planning Commission Pursuant to the Planning Commission motion at its January meeting, staff re- scheduled this item to the Planning Commission's February meeting. The staff report was forwarded to the Applicant on February 18. However, after the Planning Commission agenda packet was printed, on February 18 and 19, 2010, the Applicant submitted: (1) a revised site plan showing proposed remodel of the drive approach and drive -thru entrance; (2) a series of "after" photo simulations intended to show a reduction of the wall height and new landscaping within the setback area; and, (3) "after" photos simulation intended to show a view of the proposed drive -thru lane. After receiving direction from the Commission, meeting and discussion with the Applicant, a review of the documents submitted, and an evaluation of the impacts the conversion of the service alley to a food business drive -thru lane would have on the building tenants, staff was of the opinion that the material submitted did not CP -769 (Appeal) April 7, 2010 Page 5 substantially change the service alley into a drive thru lane, nor did the material sufficiently address staff's concerns On the day prior to the Commission meeting, February 23, 2010, the Applicant submitted a letter to Planning Division staff requesting that the public hearing for CP -769 be continued. Staff forwarded the request to the Commission who denied the Applicant's continuance and moved forward with the public hearing which included the following: a) Applicant Presentationn__ The Applicant presented a variety of slides identifying the existing and proposed conditions of the drive thru, the landscaping within the setback area, the entrance to the drive -thru and the design of the trash enclosure to address concerns about spillage. The presentation included design options for the Commission to pick and chose. The majority of the slides presented were new material that had not been reviewed and evaluated by staff. Additionally, during the presentation, the Applicant submitted a packet to the Commissioners (prepared by ESC Management) containing new proposed Del Taco elevations, floor plan, interior sections, and a new trash refuse door. Again, staff had not seen these documents and was not able to review and evaluate them prior to the Commission meeting. b) Public Comments One individual, representing Del Taco (the proposed tenant) spoke in favor of the project, and four (4) individuals spoke in opposition to the project. Opposition comments included trash and safety issues, a lack of variety in healthy food choices in Baldwin Park (too many fast food restaurants), traffic safety, congestion, trash enclosure issues, and potential conflicts between the drive -thru and the refuse trucks. The Applicant explained to the Commission that a management company representative will be on -site six -days a week to ensure that the property remains clean. He also stated that Waste Management has given their approval for shared use of the drive -thru and that deliveries to the tenants will occur through the front door of each business. Furthermore, a video camera system will monitor the proposed drive -thru lane and parking area 24 -hours a day. c) Planning Commission Discussion The Commissioner's expressed several concerns about the proposed conversion of a service alley to a vehicular drive -thru. Commissioner Muse inquired about Los Angeles County Fire Department approval of the project. Vice -Chair Alvarado expressed concerns about fast food restaurants impacting the obesity crisis and the length of the drive -thru with idling automobiles and their contribution to greenhouse gas (GhG) emissions. Chair Dexter expressed significant concern about the drive approach on Puente Avenue and the entrance to the drive -thru. Specifically, he was concerned about the proximity of the entrance to the shopping center and the entrance to the drive thru. He stated that he was doubtful that he could easily and safely maneuver his truck CP -769 (Appeal) April 7, 2010 Paae 6 from Puente Avenue into the shopping center drive approach, then into the drive -thru entrance. d) Planning Commission Decision After the conclusion of the public hearing and Commission's discussion about the project, the Commission voted 3 -0 to deny the Applicant's request for the conversion of the service alley into a vehicular drive -thru, consistent with staff's recommendation. The Chair informed the Applicant that there is a 20 -day period to appeal the decision to the City Council. On Monday, March 15, 2010, The Applicant submitted a written appeal and requisite fee, appealing the Planning Commission's decision to deny the request to the City Council. DISCUSSION 1. THE PROJECT Again, this is a request fora conditional use permit to operate a 24 -hour vehicular drive - thru in conjunction with a fast food restaurant proposed to be located in the existing building at the subject property. After receiving direction from the Commission, meeting and discussion with the Applicant, a review of the documents submitted, and an evaluation of the impacts the conversion of the service alley to a food business drive -thru lane would have, staff is of the opinion that serious concerns still exist that have not been adequately addressed as listed below. Those include unresolved physical constraints such as the refuse enclosure access, design attributes and landscaping and the other tenants' rear door access as well as other serious concerns raised by the Planning Commission such as the County Fire Department necessary approvals, greenhouse gas emissions, and the general City goals to fight obesity. In summary, taking into consideration the cumulative concerns, there is an overall lack of improvements necessary for this conversion as would be required for the construction of a new and similar business with a drive -thru elsewhere in the City. 2. THE ISSUES a) The Refuse Enclosure In the photo simulations submitted on February 1, 2010, the Applicant still shows the continued use of the existing refuse area with minimal improvement from the existing design configuration. The existing refuse area is constructed into the building and according to the simulations it will be enclosed with a new steel door. Further, according to the information communicated verbally to staff by the Applicant, the new proposed refuse area would be totally enclosed behind a new steel gate, requiring the lifting of a flap door approximately 4' -0" above ground level (height of trash bin inside the enclosure) before the trash can be unloaded manually inside the trash bin behind the gate. It is staff's opinion that this awkward concept may require a two - person operation and creates additional risks of trash being CP -769 (Appeal) April 7, 2010 Paqe 7 spilled over both inside the enclosure and outside within the drive -thru. If the project was developed as shown on the submitted photographs, the existing business operators will continue to access the refuse enclosure through their rear door via the paved walkway separated from the proposed vehicular drive -thru. However, at the February 24, 2010 Planning Commission meeting, the Applicant presented a variety of slides to show and explain how the proposed refuse enclosure would function as well as different options (bollards, an open rail -type barrier, and a solid wall barrier) for separating the pedestrian walkway along the east wall of the building to the built -in refuse enclosure from the vehicles in the proposed drive -thru. However, the options shown in the Applicant's presentation were not formally submitted to staff for review and therefore could not be evaluated for consideration by the Planning Commission. In addition, staff remains of the opinion that the refuse enclosure as submitted creates several serious concerns as follows: I. The continuing use of the trash enclosure within the drive -thru area: This operation is incompatible with the food delivery function of the drive -thru. The location of the refuse enclosure at mid -point within the drive -thru will emanate offensive odors, particularly during the summer months. Staff believes the loading of the trash into the container poses serious challenges to the business operators by necessitating a two persons operation, and creates new risks of trash being spilled over onto the drive -thru. This situation poses undue burden to the City Code Enforcement Division by creating an operation that cannot be sustained on the long term without the potential for additional Municipal Code Violations at the property. The proposed solution by the Applicant to install security cameras along the proposed drive -thru may cause the responsible party to be identified but will not prevent the spill from taking place. II. The trash collection by the City waste hauler (Waste Management) has not been clarified: While the Applicant has mentioned that Waste Management does not object to sharing the drive -thru with customers of the restaurant, it again creates serious challenges. With no particular schedule established and the drive -thru remaining open 24 hours, there will be instances when the collection truck may be either behind or in front of restaurant customers. That risk alone emphasizes the incompatibility of maintaining a shared operation of the trash and food delivery process. It should also be noted that prior to the February Planning Commission meeting, on February 17, 2010, staff and the Applicant met and the Applicant indicated that he would be open to closing the existing refuse enclosure and construct a new one or work with the adjacent property owner and business (McDonalds) to expand an existing enclosure on the McDonald's property. However, as of February 18, 2010, staff only received conceptual site plan to construct a new enclosure and could not fully evaluate the proposal in accordance with the current Zoning Code requirements. Based on floor area of the building, the current Zoning Code requires a refuse area that would accommodate a minimum of five (5) refuse bins for the existing retail building. CP -769 (Appeal) April 7, 2010 Page 8 Therefore, while the suggestion of working with the owner of McDonald's shows a good faith effort toward resolution of a major issue, staff is of the opinion that it may lack compliance with code requirements that relate to refuse and parking capacity and present complications for traffic flow. Further, the Applicant has also expressed concerns about a new refuse enclosure in the parking lot and did not believe this was a viable option for several reasons, including (1) hauling refuse through the front doors of the establishments (unsanitary), and (2) refuse trucks blocking the parking stalls and obstructing vehicular paths, creating conflicts with the passenger vehicles in the center. In addition, the Planning Commission also expressed concerns about a refuse enclosure in the parking lot. b) The Rear Door Access from the individual Units As previously stated, the building was originally constructed with a service alley facing Puente Avenue. Business owners and employees use the service alley on a daily basis primarily for loading/unloading of materials and products and access to the refuse area which is built into the existing building. Staff is of the opinion that there are several unresolved issues that relate to the rear doors opening directly into the proposed vehicular drive -thru. 1. Business owners will no longer have the capability to use the rear doors for loading/unloading purposes and will be required to take deliveries through the front door if the service alley is converted into a vehicular drive -thru. This situation may create additional conflicts with the normal operation of each business. 11. Business operators will still have to access the refuse area located within the proposed drive -thru area through the rear door, thereby creating a potential conflict with the vehicles queuing for meal delivery. While some rear accesses to the units may be required for fire (undetermined at this time) and operation purposes, the existing building was not designed nor constructed to accommodate such exits in a way that may not cause serious conflict with the proposed conversion to a 24 -hour drive -thru. Moreover, this design issue also relates to the notion of creating a quality customer experience as if the building has been constructed with a drive -thru in mind and not as an afterthought with issues unresolved. To this end, it should also be noted that cleanliness of the rear service alley has been a Code Enforcement issue in the past with restaurant operators keeping the rear door open at all time to create air circulation and using the service lane to wash large kitchen equipment. c) The Design Attributes and Landscaping Despite requests by staff, formal plans have not been submitted for staff to evaluate, accordingly, staff based its review on the photographic simulations submitted by the Applicant. 1. In its current state, the existing rear wall of the building is not designed to be fully visible. It is a functional fagade with mechanical and electrical equipments that were never meant to be fully exposed to business customers. While the CP -769 (Appeal) April 7, 2010 Pape 9 Planning Commission (at its January meeting) mentioned the importance of incorporating design elements such as trellises and plant material, the Applicant did not propose any changes to the existing fagade. II. The proposed landscaping improvements shown on either side of the drive - thru, either along the block wall or the side of the building are inadequate: a. Prior to the Planning Commission's February meeting, it was noted that the Applicant is proposing to remove three existing, mature Ficus trees and install flowering plants against the low wall of the drive -thru. This proposal raises maintenance concerns as the flowering bed would be seasonal only and require several yearly replacements and intensive maintenance, and watering. Also, the Ficus trees should be replaced with similar size trees in an effort to extend the continuous landscaping on both Puente and Garvey Avenue to the corner. (Required replacement of removed trees is a standard condition.) This proposal would place an undue burden to the City Code Enforcement Division in insuring proper maintenance and attractive landscaping at this critical gateway to the City with immediate freeway access. However, during the last Planning Commission meeting, the Applicant submitted "after" photo simulations showing the modified landscaping within the setback area. These photo simulations seem to indicate flowering plants and three (3) small palm trees adjacent to the block wall that separates the setback from the proposed drive -thru. Again, this information is not supported by technical documentation of species, quantities and size of proposed landscape material. b. Along the building's rear wall, along the east side of the drive -thru there seems to be only one potted small palm at the entrance to the drive thru path. This would be inconsistent with the need to convert the "service alley' appearance of the rear wall to a food service delivery experience. Again, the landscaping of the building's rear wall is an important element to communicate to future consumers the real nature of the proposed drive -thru environment. Again, according to the "after" photo simulations submitted during the Planning Commission meeting, the Applicant is not proposing any landscaping adjacent to the rear wall of the building. c. The new redesigned approach from Puente Avenue leading to the commercial center would require the removal of three mature palm trees. The Applicant has not submitted any plans for the location, number and size of tree replacement. Also lacking is the landscaping of the new approach radius, immediately leading to the drive -thru lane. Ill. Included in the photo simulations offered to the Planning Commission on the night of the February meeting also indicated a proposed remodel of the shopping center drive approach and drive -thru entrance. "After" photo simulations seem to indicate a reduction of the wall height and landscaping within the setback area. The issue of the wall lowering was discussed by the CP -769 (Appeal) April 7, 2010 Page 10 Planning Commission at its January meeting in order to improve safety within the area and improve visibility of the proposed drive -thru area and the pick -up window not only for potential customers, but also, the City's Police Department. The openness of the drive -thru lane is an important aesthetic and visual treatment element to maintain the image of Baldwin Park with the quality of an inviting experience while doing business In town. However, because only photo simulations were provided, staff could not adequately evaluate the proposals. d) The Reconfiguration of the Entrance into the Retail Center via Puente Avenue The Public Works Department has stated to the Applicant on numerous occasions, the turning radius from Puente Avenue into the southernmost drive approach on Puente Avenue needs to have a minimum 51 foot diameter (25.5 turning radius). Based upon the photo simulations submitted (no technical drawing showing a revised access geometry has not been submitted), staff does not believe the proposed reconfiguration of the drive approach and drive -thru entrance meets the minimum requirements as stated by the Public Works Department as per the Geometric Design of Highways and streets by the American Association of State Highway and Transportation Officials, 2004 ed. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the City Council the open public hearing, receive any public testimony and adopt Resolution 2010 -011 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING A CONDITIONAL USE PERMIT FOR THE CONVERSION OF A SERVICE ALLEY TO A 24 -HOUR, VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A-1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP- 769)." FINDINGS OF FACT 1. The subject site is not adequate in size and shape to accommodate the proposed drive -thru in conjunction with a fast food restaurant. Although the specific site where the restaurant is located contains approximately 48,787 s.f. and is part of a larger retail /commercial shopping center which contains approximately 15.2 acres, access to the proposed drive -thru from the southern most drive approach on Puente Avenue is deficient and does not meet the minimum requirements for a turning radius as CP -769 (Appeal) April 7, 2010 Paqe 11 required by the Public Works Department. Furthermore, by not relocating the refuse enclosure to an area outside the proposed drive -thru area, there may be conflicts between employees, passenger vehicles, and refuse vehicles; and 2. The site does not have sufficient access to streets and highways adequate in width and pavement type to, carry the quantity and quality of traffic generated by the proposed use. Although the proposed site has access from both Garvey Avenue and Puente Avenue, the Applicant has indicated that it is necessary to have access to the proposed drive -thru from the southernmost drive approach on Puente Avenue. However, the plans that have been submitted do not adequately show if the proposed reconfiguration of the southernmost drive - approach meets the minimum 25.5` turning radius (51 foot diameter) as per the Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials, 2004 ed. from Puente Avenue; and, 3. The conversion of the existing service alley to a vehicular drive -thru as proposed will have an adverse impact upon uses adjacent to the subject property. (a) It does not appear that the minimum vehicular turning radius has been provided into the proposed drive -thru from Puente Avenue that meets the minimum standards by the City's Public Works Department. As a result, there may be conflicts between vehicles, pedestrians, and trucks ingressing or egressing the shopping center; and, (b) The continued use of the refuse area within the proposed 24 -hour drive -thru may result in a variety of conflicts between employees, passenger vehicles, and refuse trucks; and, 4. The proposed use is in conformance with the General Plan of the City of Baldwin Park. ATTACHMENTS #1, Vicinity Map #2, Planning Commission Staff Report dated February 24, 2010 with Attachments. #3, Draft Planning Commission Minutes dated, February 24, 2010. #4, Letter from Healthy Eating Active Communities (HEAC) in opposition to the project received February 24, 2010. #5, Baldwin Park Plaza Drive Thru Proposal received February 24, 2010 #6, Request for a Continuance of February 24, 2010 Planning Commission, received February 23, 2010. #7, Photo Simulations received February 19, 2010 #8, Site Plan and Photo Simulation received February 18, 2010 #9, Before and After Photographs received February 1, 2010 #10, Planning Commission Staff Report dated January 13, 2010 with Attachments. #11, Draft Planning Commission Minutes, January 13, 2010. CP -769 (Appeal) April 7, 2010 Page 12 #12, Appeal Letter received March 15, 2010 #13, Letter from Healthy Eating Active Communities (HEAL) in opposition to the project received March 31, 2010. #14, Application Forms and Statements #15, City Council Resolution 2010 -011 A ljjj� : Subject Property o & Vicinity Ma N CASE N4.: CP -769 ADDRESS: 14510 Baldwin Park Towne Center, Unit A 1 DATE: April 7, 2010 Not 1311 1 1 TOM�ZVA II1 11,11% BALDWI€N P. A- R- iC FROM: DATE: CITY OF BALDWIN PARK Honorable- Chairman and Planning Commissioners Amy L. Harbin, City Plannerj February 24, 2010 STAFF REPORT SUBJECT: CONTINUED FROM JANAURY 13, 2010. A request for consideration of a vehicular drive -thru (24 -hour) in conjunction with a future fast food restaurant proposed for an existing building (Case No.: CP -769; Location: 14510 Baldwin Park Towne Center Dr., Unit A -1; Applicant: Joseph Riviani, representing Baldwin Park Plaza, LLC) PURPOSE This matter, which was continued from August 25, 2009 and again, on January 13, 2010, is a request for Planning Commission consideration of a conditional use permit to allow a vehicular drive -thru (24 -hour) in conjunction with a future fast food restaurant for an existing building within the C -2, General Commercial Zone, pursuant to Section 153.167(F) of the City's Municipal Code. Staff recommends the Planning Commission deny CP -769. SUBJECT PROPERTY AND SURROUNDING LAND USES The subject property is located within the Home Depot Shopping Center bounded by Puente Avenue, Garvey Avenue, and the 1-10, San Bernardino Freeway. The specific site is zoned General Commercial (C-2) and is designated as General Commercial in the General Plan Land Use Element. The property is an outlying commercial retail strip which is located at the intersection of Garvey Avenue and Puente Avenue. TABLE 41 ADJACENT LAND USES TO THE OVERALL SITE ADJACENT PROPERTY ZONING PROPERTY USE North Unknown - -City of West Covina Single - Family Residential South F -C Motel 6 East Unknown - -City of West Covina Marriott Parking Lot West C-2/R-1 Chevron Gas Station /Single- Family Residential CP -769 February 24, 2010 Paqe 2 TABLE #2 ADJACENT LAND USES TO THE SUBJECT PARCEL ADJACENT PROPERTY ZONING PROPERTY USE North C -2 Home /Depot South F -C Motel 6 East C -2 Mc Donald's West C -2 Chevron Gas Station The subject parcel where the proposed drive -thru will be located contains approximately 1.12 acres (approximately 48,787 s.f.) and is one parcel of the Home Depot Shopping Center which contains a total of 15.2 acres. The unit in question contains approximately 2,300 s.f. and is the southern end unit of a 23,340 s.f. commercial /retail building. Furthermore, the site is flat and developed with Home Depot, Mc Donald's, Starbucks with a drive -thru, Denny's Restaurant, Guadalajara Grill Restaurant, and Marriott Hotel. PROPERTY HISTORY One of the units within the commercial retail building has had one hearing before the Planning Commission; it is listed below. No other units within the building have requested entitlements. TABLE #3 APPROVED ENTITLEMENTS ON THE SUBJECT PARCEL ENTITLEMENT LOCATION REQUEST DATE APPROVED CP -483 14510 Baldwin On -site sales of beer and September 28, Park Towne wine in conjunction with a 1988 Center Dr. Unit C restaurant. CEQAINOTICING In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. When this item was heard by the Planning Commission on January 13, 2010, public hearing notices were mailed to adjacent property owners within a 300 -foot radius and the tenants of the subject property were provided courtesy notice on December 31, 2009. Furthermore, a Notice of Public Hearing was posted on December 23, 2009 at subject site, City Hall, and Esther Snyder Community Center. C:l Amy1AMY1WORD1Reports\Commission Reporis\GP -769 #14.doc C P -769 February 24, 2010 Paae 3 DISCUSSION PrMject Description The applicant is requesting a conditional use permit to operate a vehicular drive -thru (24- hour) in conjunction with a fast food restaurant proposed to be located in an existing building. The applicant seeks to redesign the existing service alley along the rear of the building to accommodate a drive -thru, which is proposed to be utilized by a fast food restaurant that will occupy the end unit of the existing commercial /retail building. When the subject building was originally constructed in the mid 1980's, it was setback about twenty -five (25) feet from the corner of the major intersection of Puente Avenue and Garvey Avenue and allowed for not only a landscaped setback, but also a service alley. The building was constructed with the main entrances to the units facing east, allowing for the service alley, refuse area, and loading /unloading areas to front the intersection and be semi - screened by a block wall. According to the site plan submitted, the service alley is approximately seventeen (17) feet wide (wall to wall) and is utilized by some of the existing businesses for loading /unloading as well as access to the refuse enclosure which is built into the existing building. Planning Commission Meeting January 13, 2010 After several months of working with the Applicant on numerous issues surrounding the request to convert the existing service alley to a vehicular drive -thru, Planning Commission heard the item on January 13, 2010. After a brief presentation by staff, the Applicant made a presentation and requested that several of the conditions of approval be amended or eliminated by the Planning Commission. As a result, Chair Dexter moved to continue the item to the February 24, 2010 meeting of the Planning Commission in an effort to provide more time to resolve conditions between staff and the Applicant. Pursuant to the Commissioner's request, Staff met with the Applicant the week of January 18, 2010 to discuss numerous conditions contained in the January 13, 2010 staff report. Staff met with the applicant; however, several conditions remained unresolved. Most notably, the issue related to the location of the refuse enclosure was not resolved. Also, on February 1, 2010, after the Commission meeting and the Applicants meeting with staff, the Applicant forwarded "before" pictures and "after" photo simulations of the drive - thru area which show proposed improvements as follows (see Attachment #2): 1) modifications to the drive approach; 2) removal of landscaping within the drive approach area; 3) removal of trees within the Puente Avenue setback 4) new landscaping within the setback between the property line and block wall along Puente Avenue; 5) new paving within the drive approach and proposed drive -thru area; 6) new railing within the proposed drive -thru for a walkway along the building; and 7) a new refuse area door. C:1AmylAMY1WORD1Reports %Commission Reports\CP -769 #14.doc CP -769 February 24, 2010 Page 4 It should be noted these pictures and photo simulations are illustrative only and not drawn to scale; therefore, staff cannot take into accou nt any quantity or verify any measurements. After receiving direction from the Commission, meeting and discussion with the applicant, a review of the documents submitted, and an evaluation of the impacts the conversion of the service alley to a food business drive -thru lane would have, staff is of the opinion that serious concerns still exist that have not been adequately addressed as listed below. These concerns are based on the fact that the improvements necessary for this conversion are those same improvements that would be required for the construction of new and similar business with a drive -thru elsewhere in the City. Aj Design attributes and Landscaping Since formal plans have not been submitted for staff to evaluate, staff based its review on the photographs submitted by the Applicant. 1) The west wall separating the drive -thru lane and Puente Avenue does not appear to be lowered in order to open u p the drive -thru path. A lowering of the wall was discussed by the Planning Commission to improve safety within the area and improve visibility of the proposed drive -thru area and the pick -up window not only for potential customers, but also, the City's Police Department. The openness of the drive -thru lane is also an important aesthetic and visual treatment element to maintain the image of Baldwin Park with the quality of an inviting experience while doing business in town. 2) The proposed landscaping improvements shown on either side of the drive -thru, either along the block wall or the side of the building are inadequate: a. Along the west wall, facing Puente Avenue, the applicant is proposing to remove three existing Ficus trees and install flowering plants against the wall of the drive -thru. This proposal raises maintenance concerns as the flowering bed would be seasonal only and require several yearly replacements and intensive maintenance, and watering. Also, the Ficus trees should be replaced with similar size trees in an effort to extend the continuous landscaping on both Puente and Garvey Avenue to the corner. (Required replacement of removed trees is a standard condition.) This proposal would place an undue burden to the City Code Enforcement Division in insuring proper maintenance and attractive landscaping at this critical gateway to the City with immediate freeway access. b. Along the buildings rear wall, along the east side of the drive -thru there seems to be only one potted small palm at the entrance to the drive thru path. This would be inconsistent with the need to convert the "service ailej/' appearance of the rear wall to a food service delivery experience. Again, the landscaping of the rear wall is an important elementto communicate to future consumers C:l Amy1AMY1WORDIReports\Commission Reports\CP -769 #14.doc CP -769 February 24, 2010 Page 5 the real nature of the proposed drive -thru environment. c. The new redesigned approach from Puente Avenue leading to the commercial center would requ ire the removal of three mature palm trees. There is no indication of the location, number and size of tree replacement. Also, the new approach radius, immediately leading to the drive -thru lane, must be landscaped in a manner consistent with the landscaping along the west wall facing Puente Avenue (see staff comment "a" above). 3) In its current state, the existing rear wall of the building is not designed to be fully visible. It is a functional facade with mechanical and electrical equipments that were never meant to be fully exposed to business customers. While the Planning Commission mentioned the importance of incorporating design elements such as trellises and plant material, the applicant is not proposing any changes to the existing fagade. Again, the building was originally constructed with a service alley and not as a drive -thru, Steps must to be taken to modify the building elevation and proposed drive -thru area to become a more aesthetically pleasing elevation and comparable with other drive -thrus within the City. The incorporation of building articulations, color differentiation, and other architectural elements are required for new buildings when the facade is fully exposed to the public right -of -way and the customer experience. B) Refuse Enclosure In the photo simulations submitted on February 1, 2010, the Applicant still shows the continued use of the existing refuse area with minimal improvement from the existing design configuration. The existing refuse area is constructed into the building and according to the simulations it will be enclosed with anew steel door. Further, according to the information communicated verbally to staff by the applicant, the new proposed refuse area would be totally enclosed behind a new steel gate, requiring the lifting of a flap door approximately 4' -0" above ground level (height of trash bin inside the enclosure) before the trash can be unloaded manually inside the trash bin behind the gate. It is staff's opinion that this concept may require a two- person operation and creates additional risks of trash being spilled over both inside the enclosure and outside within the drive -thru. If the project was developed as shown on the submitted photographs, the existing business operators will continue to access the refuse enclosure through their rear door via the paved walkway separated from the proposed vehicular drive -thru with a newly proposed railing. This condition creates several serious concerns: 1) The continuing use of the trash enclosure within the drive -thru area: This operation is incompatible with the food delivery function of the drive -thru. The location of refuse at mid -point within the drive -thru will emanate offensive odors, particularly during the summer month. The loading of the trash into the container poses serious challenges to the business operators by necessitating a two persons operation, and creates new risks of trash being spilled over onto the drive -thru. Again, this situation poses undue burden to the City Code C: IAmylAMY1WORDIReports\Commission ReportslCP -769 #14.doc CP -769 February 24, 2010 Page 6 Enforcement Division by creating an operation that cannot be sustained on the long term. The proposed solution by the applicant to install security cameras along the way, may cause the responsible party to be identified but will not prevent the spill from taking place. Further, customers of the drive -thru may be uncomfortable by being `on camera" while ordering a meal. 2) The trash collection by the City waste hauler (Waste Management) has not been clarified: While the applicant has mentioned that Waste Management does not object to sharing the drive -thru with customers of the restaurant, it again creates serious challenges. With no particular schedule established and the drive -thru remaining open 24 hours, there will be instances when the collection truck may be either behind or in front of a restaurant customer. That risk alone emphasizes the incompatibility of maintaining a shared operation of the trash and food delivery process. On February 17, 2010, staff and the Applicant met and the Applicant indicated that he would be open to closing the existing refuse enclosure and construct a new one or work with the adjacent property owner and business (McDonalds) to expand an existing enclosure on the McDonald's property. However, as of February 18, 2010, staff only received conceptual site plan to construct a new enclosure and cannot fully evaluate the proposal in accordance with the current Zoning Code requirements. Based on floor area of the building, the current Zoning Code requires, a refuse area that would accommodate a minimum of five (5) refuse bins for the existing retail building. Therefore, while the suggestion of working with the owner of MacDonald shows good faith effort toward resolution of a major issue, staff is of the opinion that it may still present serious challenge into compliance with code requirements while still maintaining the parking capacity and traffic flow. Further, the Applicant has also expressed concerns about a new refuse enclosure in the parking lot and did not believe this was a viable option forseveral reasons, including (1) hauling refuse through the frontdoors of the establishments (unsanitary), and (2) refuse trucks blocking the parking stalls and ingress /egress vehicular paths, creating conflicts with the passenger vehicles in the center. In addition, the Planning Commission also expressed concerns about a refuse enclosure in the parking lot. C) Rear Door Access from the Individual Units As previously stated, the building was originally constructed with a service alley facing Puente Avenue. Business owners within the building use the service alley on a daily basis primarily for loading /unloading of materials and products and access to the refuse area which is built into the existing building. Staff is of the opinion that there are several unresolved issues that relate to the reardoors opening directly into the proposed vehicular drive -thru. 1) Business owners will no longer have the capability to use the rear doors for loading /unloading purposes and will be required to take deliveries through the front door if the service alley is converted into a vehicular drive -thru. C: VAmy1AMY1wORDlReportslCommission ReportslGP -769 #14.doc CP -769 February 24, 2010 Page 7 2) Business operators will still have to access the refuse area located within the proposed drive -thru area through the rear door, thereby creating a potential conflict with the vehicles. While some secondary exits may be required for fire and operation purposes, the existing building was not designed and constructed to accommodate such exits in a way that may not conflict with the proposed conversion to a 24 -hour drive -thru. In the current configuration, there is, again, a very serious challenge to overcome in adapting the existing rear exits to the proposed use of the drive -thru. Moreover, this design issue also relates to the previously established notion - to create a quality customer experience as if the building has been constructed with a drive -thru in mind and not as an afterthought with issues unresolved. To this end, it should also be noted that cleanliness of the rear service alley has been a Code Enforcement issue in the past with restaurant operators keeping the rear door open at all time to create air circulation and using the service lane to wash large kitchen equipment. D) Reconfiguration of the Entrance into the Retail Center via Puente Avenue The Public Works Department has stated to the Applicant on numerous occasions, the turning radius from Puente Avenue into the southernmost drive approach on Puente Avenue needs to have a minimum 51 foot diameter (25.5 turning radius). Based upon the photo simulations submitted (no technical drawing showing a revised access geometry has not been submitted), staff does not believe the proposed reconfiguration of the drive approach and drive -thru entrance meets the minimum requirements as stated by the Public Works Department as per the Geometric Design of Highways and streets by the American Association of State Highway and Transportation Officials, 2004 ed. Therefore, based on all the aforementioned information, the lack of detailed information provided, and the incompatibility of uses issues, staff cannot support this application. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the Planning Commission open the public hearing, receive any public testimony and adopt Resolution PC 09 -07 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT FOR THE CONVERSION OF A SERVICE ALLEY TO A 24 -HOUR, VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (CASE NO.: CP -769; LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC)." CAAmy\AMM ORMReports\Co m mission Reports\CP -769 #14.doc CP -769 February 24, 2010 Page 8 FINDINGS OF FACT The subject site is not adequate in size and shape to accommodate the proposed drive -thru in conjunction with a fast food restaurant. Although the specific site where the restaurant is located contains approximately 48,787 s.f. and is part of a larger retail /commercial shopping center which contains approximately 15.2 acres, accessto the proposed drive -thru from the southern most drive approach on Puente Avenue is deficient and does not meet the minimum requirements for a turning radius as required by the Public Works Department. Furthermore, by not relocating the refuse enclosure to an area outside the proposed drive -thru area, there may be conflicts between employees, passenger vehicles, and refuse vehicles; and 2. The site does not have sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Although the proposed site has access to both Garvey Avenue and Puente Avenue, the Applicant has indicated that it is necessary to have access to the proposed drive -thru from the southernmost drive approach on Puente Avenue. However, the plans that have been submitted do not adequately show if the proposed reconfiguration of the southernmost drive - approach meets the minimum 26.5' turning radius (51 foot diameter) as per the Geometric Design of Highways and Streets bythe American Association of State Highway and Transportation Officials, 2004 ed. from Puente Avenue; and 3. The conversion of the existing service alley to a vehicular drive -thru as proposed will have an adverse impact upon uses adjacent to the subject property. (a) It does not appear that the minimum vehicular turning radius has been provided into the proposed drive -thru from Puente Avenue that meets the minimum standards by the City's Public Works Department. As a result, there may be conflicts between vehicles, pedestrians, and trucks ingressing or egressing the shopping center; and (b) The continued use of the refuse area within the proposed 24 -hour drive -thru may result in a variety of conflicts between employees, passenger vehicles, and refuse trucks; and 4. The proposed use is in conformance with the General Plan of the City of Baldwin Park. ATTACHMENTS #1, Vicinity Map #2, Before and After Photographs #3, Maps Received February 17, 2010 #4, Application Forms and Statements #5, Resolution of Denial PC 09 -07 C:WmylAMYSW ORD\ReportslCommission ReportslCP -769 #14.doc ... J J , � �: a IEMi R ■ P R R P R R R R R R R• P P R R R P P r{ R R PjfJ ��I'�µ'l� R R R ■ P tl Y R i R P R r-• I�AI S P R R R R R R r R R R R Y R R R R R \ C R, Su' ,1 \1 l Propert DI \ Vicinity MaPi N CASE NO.: CP -769 ADDRESS: 14510 Baldwin Park Towne Centex, Unit A 1 DATE: February 24, 2010 Not =1 M�A � s � a q 4 g •a wp ``$3i' 3 t 3 a 4gJgp$F � q '-�/R n •. I P I G G o Kill AIR ui LEI nj j a TI a al re Wig& r • c> I la �fR � ��I� � a ! EIS i 1 �d 154Q ° LLi •,SAN d.YABI g �� *JA "III I I � I !I � � � � I I I I � � � � � � � � I I I I 1 1. ii; �iii . I . q ii7 � kil L m 1 1:111 BALDWIN P•A -.R - K TYPE OF APPLICATION General Plan Amendment _ Zone Change Code Amendment Development Plan CDC Conceptual Approval APPLICATION INFORMATION Name of Applicant(s) Address Z3 � Phone No. 6-24o) 47-4 - Owner(s) of Record 6A Owner's Address 2 3T CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813.6261 Redevelopment Overlay _ Zone Variance X Conditional Use Permit —Administrative Adjustment Specific Plan _ Other - -i �vCOD SL*o., PROPERTY INFORMATION t_^i — Capacity IN fArzK- 4oLAz::�,, t.-I-C- o j /�-- -- , 0PO r-.3L-`ID ., i-c7S At, 4, rj Location t4 510 bAi -17w Assessor Parcel Number(s)A' Tract and Lot Number(s) Existing General Plan Designa Existing Zoning for each Parce Existing Land Use Code Section to be Amended_ Purpose of request W PY 9K CERTIFICATION STATEMENT: 0 —b4 t1. J cpr fo-G-f I /we acknowledge the filing of this application and certify that all the above information is true and accurate and that llwe 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 have nAtarized the attached Owner's Affidavit from the legal owner.) Signature Date Signature 3 Date FOR CITY USE ONLY: file,'" Fee: �- Received �f� >.cF I 2 0 0c, Baldwin Park Plaza, LLC 101. 4 41 June 16, 2009 Justification Statement CUP Section 1 53.642 1. For the proposed drive thru use, the existing lane is wide enough to provide for a drive thru. Furtheiznore, the drive thru is deep enough to accorninodate up to 7 car stacking. 2. This is an existing site in a Home Depot Shopping Center that has numerous ingress and egress points throughout the center to accommodate traffic. 3. The proposed use will not have an adverse impact upon any other properties because the drive thru is directly adjacent to Puente Ave. and wraps around the back of our building, 4. The drive thru will be used in a conjunction with a nationally recob sized restaurant chain. ,JUN I e 2009 �' i1, �. _ 1 RESOLUTION PC 09 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT FOR THE CONVERSION OF A SERVICE ALLEY TO A 24- HOUR, VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1;e APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP -769) THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS; SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) That an application ( "Application ") for a conditional use permit was submitted on behalf of the owner of certain real property, located at 14510 Baldwin Park Towne Center Drive, Unit A -1, in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) That the Application sought a conditional use permit to allow the conversion of an existing service alley to a 24 -hour vehicular drive -thru in conjunction with a fast food restaurant within the C -2, General Commercial pursuant to Section 153.167(F) of the City's Municipal Code; and (c) That a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the requirements of the Baldwin Park Municipal Code have not been met for the granting of such Application and that the conditional use permit should be denied; and (d) Each fact set forth in the staff report dated February 24, 2010, from Amy L. Harbin, City Planner to the Chair and Planning Commissioners ( "Staff Report ") is true and correct. SECTION 2. That the Planning Commission does hereby adopt the following Findings of Fact applicable to all conditional use permits: Resolution PC 09 -07 February 24, 2010 Pace 2 (a) The subject site is not adequate in size and shape to accommodate the proposed drive -thru in conjunction with a fast food restaurant. Although the specific site where the restaurant is located contains approximately 4.8,787 s.f. and is part of a larger retail /commercial shopping center which contains approximately 15.2 acres, access to the proposed drive -thru from the southern most drive approach on Puente Avenue is deficient and does not meet the minimum requirements for a turning radius as required= by the Public Works Department. Furthermore, by not relocating the refuse enclosure to an area outside the proposed drive -thru area, there may be conflicts between employees, passenger vehicles, and refuse vehicles; and (b) The site does not have sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Although the proposed site has access to both Garvey Avenue and Puente Avenue, the Applicant has indicated that it is necessary to have access to the proposed drive - thru from the southernmost drive approach on Puente Avenue. However, the plans that have been submitted do not adequately show if the proposed reconfiguration of the southernmost drive - approach meets the minimum 25.5' turning radius (51 foot diameter) as per the Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials, 2004 ed. from Puente Avenue; and (c) The conversion of the existing service alley to a vehicular drive -thru as proposed will have an adverse impact upon uses adjacent to the subject property. (1) It does not appear that the minimum vehicular turning radius has been provided into the proposed drive -thru from Puente Avenue that meets the minimum standards by the City's Public Works Department. As a result, there may be conflicts between vehicles, pedestrians, and trucks ingressing or egressing the shopping center; and (2) The continued use of the refuse area within the proposed 24 -hour drive -thru may result in a variety of conflicts between employees, passenger vehicles, and refuse trucks; and (d) The proposed use is in conformance with the General Plan of the City of Baldwin Park. SECTION 3. That the Secretary shalt certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. Resolution PC 09 -07 February 24, 2010 Page 3 PASSED AND APPROVED this 24th day of February 2010. JAMES R. DEXTER Il, CHAIR BALDWIN PARK PLANNING COMMISSION ATTEST: MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA } COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) I, Mayra Vargas, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 09 -07 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 24th day of February 2010 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING COMMISSION Eiiii, lill� mpliillp�;'�� iiiiii I 0� I y MINUTES CITY OF BALDWIN PARK$,,;. Planning Commission ° Tla`'�, 'xta laa' WEDNESDAY, FEBRUARY 24, 2010 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park James R. Dexter 11, Chair; Angela Alvarado, Vice Chair; David L. Muse, and Bryan Urias, Commissioners The Planning Commission of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Chair es R. Dexter II, Vice Chair Angela Alvarado, Commissioner David L. Muse, and Commissioner Bryan Urias. Absent: None. Also Present: Amy Harbin, City Planner, Christy Marie Lopez Assistant City Attorney, Salvador Lopez, Associate Planner, Mayra Vargas, Secretary. PUBLIC COMMUNICATIONS Chair Dexter declared Public Communications OPEN. Ken Woods welcomed the new Commissioners and CARA was introduced. Greg Tuttle, business owner, spoke regarding the Materials Recovery Facility (MRF) and how Monica Garcia received a donation of $3,500. Mr. Tuttle also had concerns about code violations and illegal activities on properties that have no permits within the city. He stated that he wanted them addressed. Chair Dexter asked Mr. Tuttle to bring this ma r t a other time and not during oral communications. Chair Dexter stated t r. t can et in touch with Amy Harbin who can direct him to the City Attorney. Magda Torellas, 14522 Clark St., c ratulated the new commissioners and shared her concerns about the Albertsons shopping center. She also made a comment about having an underground parking structure developed. She also complained about the 3 minute public speaking time for the Planning Commission meetings. There being no further comments, Chair Dexter declared Public Communications CLOSED. CONSENT CALENDAR 1) Minutes from January 13, 2010 Chair Dexter called �. t�`'o approve the CONSENT CALENDAR. Motion: Appro y • Chair James R. Dexter 11, seconded by Commissioner David L. Muse. All in fa SET MATTERS - PUBLIC HEARINGS 3) CONTINUED FROM JANUARY 13, 2010. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A VEHICULAR DRIVE -THRU IN CONJUNCTION WITH AN EXISTING BUILDING FOR A FAST FOOD RESTAURANT, PURSUANT TO SECTION 153.167(F) OF THE CITY'S MUNICIPAL CODE (LOCATION: 14510 BALDWIN PARK TOWNE CENTER, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC ; CASE NO.: CP -769). Commissioner Urias recused himself before case was presented because he lives within 500 feet of the proposed project. Chair Dexter stated that he understood the Commission received communications from applicant tonight. City Planner Harbin stated that applicant submitted a request for a continuance of the public hearing which needed to be considered by the Planning Commission. She also provided the Commission with additional information that was received on February 18 and February 19 from applicant after agenda packets were printed. Today, February 24th, the Planning Division received a letter from Healthy Eating Active Community Initiative stating their opposition to the project. Motion: Continuance to a date specific Moved by Chair James R. Dexter I Abstain: Commissioner Bryas Motion for a continua ncema A-e,' 1 ►e 3nded. y Commissioner Angela Alvarado. nd Chair Dexter called for staff report. City Planner Harbin presenWstaff report to Commission. Although Mr. Rivani stated that the representative from Del Taco was present, Mr. Rivani did not have enough time to give a more thorough presentation due to lack of time to make any corrections to the staff recommendations they received last Friday. Chair Dexter stated that applicant could continue with their presentation and continue Public Hearing then a decision would be made. Chair Dexter wanted to give the public an opportunity to speak on the case. Chair Dexter asked City Planner Harbin what the original date application was submitted. City Planner Harbin stated that the date was June 10, 2009. Chair Dexter stated that since June of 2009, applicant should have had enough time to be prepared and give a good presentation. Mr. Rivani began his presentation to the Commission by displaying before and after photos of the drive -thru and landscaping. Mr. Rivani also discussed the procedures for the trash enclosure to minimize any concern of trash spillage. Chair Dexter asked Mr. Rivani to allow the public speak and then answer any questions. John Baker, 3636 Birch Street Suite 260, Newport Beach California, representing Del Taco spoke on behalf of project and stated that January 13, 2010 report recommended approval and was surprised by the current reports recommendations of denial. Chair Dexter asked if Del Taco currently has any operations of this nature that are currently in a strip mall with a drive -thru such as the one being proposed. Mr. Baker replied yes, that there are other restaurants with the same design and would be happy to bring supporting photos. Chair Dexter was a little more specific and asked how many conversion that have existing businesses that have the exits, trash containers, and electrical. How many buildings are being retrofitted to a conversion such as the one being proposed? Mr. Baker explained that his company is also a site selector for Del Taco and this particular location is suitable for this kind of application. Developers are not building new facilities. Maria Gonzalez, 16 year resident of Baldwin Park, is a member of Healthy Eating Active Communities. She spoke against the project and having another fast food restaurant in the city. She stated that there would be trash and safety issues in the area and wants healthier choices for the community. Cristina Cardenas, California Center for Public Health Advocacy spoke against the proposed project of the Del Taco coming into Baldwin Park. She stated that a food retail index study was conducted by the California Center and that in Baldwin Park there was 6 times as many fast - food establishments to supermarkets. She stated that Baldwin Park has the highest rate of obesity in the San Gabriel Valley and that clearly there was a link of obesity to food access. Mr. Baker spoke about the healthy issues and the restaurant stating that all restaurants have to display the nutritional value of the food they serve. Magda Torellas, 14522 Clark Street spoke against the project specifically about the traffic safety, smog congestion and trash issues. Greg Tuttle spoke business owner, addressed comment to City Planner Harbin asked if the cars would be entering the business or exiting through the back alley. Mr. Tuttle stated that he felt deliveries and d Mr. Baker, Del Taco representative, a see how the menu runs and offereit -thru should not be using the same alley way. e able to host a meeting with the community to dition for the continuance of the project. Mr. Rivani addressed t g `q0, comments and concerns. He stated that there is a superintendent that is ki .� the property 6 days a week every month making sure the property stays clean; the ' have at minimum 1 or 2 superintendents that will be sweeping the entire shopping center. Additionally, Waste Management has given their approval on the operation of the trash pick -ups. The drive -thru lane will be used exclusively for Del Taco drive - true customers only. Mr. Rivani stated that all deliveries would be done through the front of each business and Mr. Rivani has the approval of all tenants, including Tortas Sinaloa. Mr. Rivani stated that they will also be installing a video camera system which will have 2 video cameras monitoring and recording the drive -thru lane 24 hours a day as well as the parking area. This video camera system will be available to the property owners 24 hours a day from anywhere in the world that has internet access. As for the traffic issues, Mr. Rivani stated that this drive -thru has a 10 car stacking, typical drive -thrus have a 5 to 6 stacking, so they do not foresee traffic rack up in the drive -thru lane. Lastly, Mr. Rivani stated that they have Public Works approval for the revised drive -thru lane. He assured the Commission that all plans would be stamped and approved by Public Works and l=ire Department. There being no further public comments, Chai exter CLOSED Public Hearing and asked for Commission comments. Commissioner Muse asked about theQp`*al from Fire Department. Mr. Rivani stated that as part of °e _iµitions of approval, applicant must submit plans to fire Department for their approv z a h Commissioner Muse wanted t ut on record that he has reviewed the minutes and staff report of past meetings, and has gone to visit site. Chair Dexter stated that he drives through the shopping center almost daily and he enters off of Puente Avenue, which will be the entrance to the drive -thru. He stated that if he drove his truck, there would be no way that he could make the 180 degree turn off of Puente Avenue, It is absoulutely impossible and it would be a 3 point turn. His biggest concern is the traffic congestion and any accidents that may occur. Having a 20 year background in law enforcement, Chair Dexter foresees a liability and a danger in that area. People are going to be trying to make a right turn and not be able to and the traffic coming from Puente and Merced will cause traffic accidents in that area. Mr. Rivani stated that the director of Public Works has eviewed and approved the plans of the drive thru and all modifications will be made to the Ufthru. Vice Chair Alvarado stated that having a driv, t r^:. stab`iishment will promote obesity and another concern is that there will be gre P o f ses from idling cars because the drive -thru lane is so long. -� There being no further Commissio co xn', Chair Dexter called for a motion. Motion: Approve 3) CONTINUED FIRM JANUARY 13, 2010. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A VEHICULAR DRIVE -THRU IN CONJUNCTION WITH AN EXISTING BUILDING FOR A FAST FOOD RESTAURANT, PURSUANT TO SECTION 153.167(F) OF THE CITY'S MUNICIPAL CODE ( LOCATION: 14510 BALDWIN PARK TOWNE CENTER, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC CASE NO.: CP -769). Staff recommends that the Planning Commission open the public hearing and adopt Resolution PC 09 -07, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT FOR A 24 -HOUR VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION:14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP -769). "Moved by Chair James R. Dexter II, seconded by Commissioner Angela Alvarado. All in favor. REPORTS OF OFFICERS 4) Review of the Cateqorical Exclusiow'br�bared for the proposed Baldwin Park Transit Cen Project pursuant to the National Enftr#nenfal Policy Act (NEPA). City Planner Harbin presented pep he National Environmental Policy Act regarding the proposed Baldwin Park' ark Tran491bul.iT Project COMMISSION 1 STAFF ?MMU- NICATIONS 5 Update on the Materials Recovery Facility MRF) in Irwindale City Planner Harbin stated that, she has not received any recent information on the project and will keep this as a recurring item on the Planning Commission agendas. 6) Update on the unscheduled Planning Commission vacancy City Planner Harbin stated that she forwarded the Commission an email regarding Commissioner Martinez's resignation. The City Clerks office is advertising the position and the closing date is March 10, 2010 5:00pm. 7 Update on the Planning Commissioner's In to City Planner Harbin stated that accom n re being made for those Commissioners that stated they are interested incattenn Chair Dexter called for anweft comments. Associate Planner Lopez staWthat the Fresh and Easy is due for their opening on April 7, 2010 and would remind the Commission as the date approaches. ADJOURNMENT Chair Dexter called a motion to adjourn meeting at 8:22 pm. Motion: Approve ADJOURNMENT Moved by Vice Chair Angela Alvarado, seconded by Commissioner David L. Muse. All in favor. Approved as presented by the Planning Commission at their meeting held INSERT DATE. James R. Dexter 11, Chair City of Baldwin Park Plan mDivision ATTEST: Mayra Vargas, Secretary City of Baldwin Park Planning Division i � 1 r �' 1 � .. .. �' __ HEAL Activt�Cfrurrir�azrfr.t:tr�s February 24, 2010 Honorable City Council of Baldwin Park: This letter is being written on behalf of the Baldwin Park Resident Advisory Council (BPRAC) in opposition to the proposal for the development of Del Taco at the Towne Center Shopping Center in r. Baldwin Park. We are a group of residents in Baldwin Park that meet monthly in collaboration with the Healthy Eating Active Communities Initiative to change policies and practices in schools, neighborhoods, and healthcare setting to improve opportunities for healthy eating and physical activity. We are committed to ensuring that our children in Baldwin Park live in a community that supports a healthy lifestyle. It has been brought to our attention and discussed at our last BPRAC meeting that Del Taco is applying for a business permit in Baldwin Park. All members of BPRAC are pled yina our opposition oLsuch a development and have decided to take action to oppose the d, evelopment through this letter and ourparticil2ation at the next Planning Commission ineeting on Wednesday, February 24 2010. Our reasons for opposition include the effect the business will have on the health of the citizens of Baldwin Park. In Baldwin Park, there are 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. The City of Baldwin Park has every type of fast food chain within its borders and does not need another fast food chain. We are also concerned with the pollution from delivery trucks, the blocking of driveway of the shopping center and excessive trash that will result from the drive through. We believe that such traffic will impede the safety of our children walking in the area. We are confident that the City Council of Baldwin Park will make determinations on approving projects based on the environmental and health effects on the community. In this case, there is no community need for another fast food establishment and there is no community support for this project as it will harm the health and safety of our residents if approved. We appreciate your time and consideration regarding this matter. Sincerely, Maria Gonzalez Baldwin Park Resident Advisory Council Leader HEAC Initiative Magda Torrelas Baldwin Park Resident Advisory Council Member 7) f . HEAC Initiative T l�'�.�71�` Christina Cardenas. Advocate Coordinator Healthy Eating Active Communities 626.962.5900 .. - Mo. iilimi ill , 1 all PREPARED BY, ESC MANAGEMENT 2378 WESTWOOD BIVD !OS ANGELES, CA VP PT @,mem Ls ti 44 .4 )"!� f� Ell ell VP PT @,mem Ls ti 44 Le IA r 0 6 W, rA MA JUL M IA 0 25521 COMMERCENTRE DRIVE- LAKE FOREST., CALIFORNIA DINING AREA ME. Vt• � Pp DINING AREA atsida DINING AREA / SERVICE COUNTER 3 Srt W. V& DINING AREA 1 BEVERAGE COUNTER � Scx e uo • r c• NEW TRASH REFUGE DOOR COLOR TO MATCH BUILDING i Baldwin Park Plaz1 a, LLC February 23, 2010 Marc Castag cola, Director of Planning Amy Harbin, City Planner City of Baldwin Park Re: Conditional Use Permit #769 Hearing February 24, 2010 Dear Mr, Castagnola, It was my understanding that we would have Staff's recommendation of approval per our meeting last week, February 17. To my surprise and in light of Staff's recommendation of denial received February 19,1 am requesting a continuance for the CUP hearing scheduled for February 24 at 7pm. I am requesting this continuance to have more time with Staff in resolving the issues that have been raised. Should you have any questions or concerns, please feel free to contact me. Thank You, Rodney Rivani Managing Director Baldwin Park Plaza FEe 23 2%, Le IF I J I Ll Iz (WL RW j -j Io 2 LI ZD Z 14 'g; Z c; LAL ks !,I, °v W R y €w 5aeq 1 n- m ag � LD - M LLI C LU -71 mJ q z 0 g: �j Ir Z5 "Mr! :7A YA 8 VL9 1 1 � • ml:qaojll III 111 9, rc(:�'C� 2-1 1 1ta cj-c�cl. lo 1.: I. All . i DATED JANUARY 13, 2010 WITH i 1 ►� ►ii CITY OF BALDWIN PARK PLANNING COMMISSION li BALDWIN STAFF REPORT 1' 1 H I K• K TO: Honorable Chair and Planning Commissioners FROM: Amy L. Harbin, City Plan kcu�� F DATE: January 13, 2010 SUBJECT: CONTINUED FROM AUGUST 25, 2009. A request for consideration of a vehicular drive -thru (24 -hour) in conjunction with a future fast food restaurant proposed for an existing building (Location: 14510 Baldwin Park Towne Center Dr., Unit A -1; Applicant: Joseph Rivani, representing Baldwin Park Plaza, LLC; Case No.: GIP-769) PURPOSE This report, which is continued from August 25, 2009, requests Planning Commission consideration of a conditional use permit to allow a vehicular drive -thru (24 -hour) in conjunction with a future fast food restaurant for an existing building within the C -2, General Commercial Zone, pursuant to Section 153.167(F) of the City's Municipal Code. SUBJECT PROPERTY AND SURROUNDING LAND USES The subject property is located within the Nome Depot Shopping Center bounded by Puente Avenue, Garvey Avenue, and the 1-10, San Bernardino Freeway. The specific site is zoned General Commercial (C -2) and is designated as General Commercial in the General Plan Land Use Element. The property is an outlying multiunit, commercial building which is located at the intersection of Garvey Avenue and Puente Avenue. TABLE #1 ADJACENT LAND USES TO THE OVERALL SITE ADJACENT PROPERTY ZONING PROPERTY USE North Unknown- -City of West Covina Single - Family Residential South F -C Motel 6 East Unknown - -City of West Covina Marriott Parking Lot West C-2/R-1 Chevron Gas Station/Single- Family Residential CP -769 January 13, 2010 Page 2 TABLE #2 ADJACENT LAND USES TO THE SUBJECT PARCEL ADJACENT PROPERTY ZONING PROPERTY USE North C -2 Home /Depot South F -C Motel 6 East C-2 McDonald's West C -2 Chevron Gas Station The subject parcel where the drive -thru is proposed to be located contains approximately 1.12 acres (approximately 48,787 s.f.) and is one parcel of the overall Home Depot Shopping Center which contains a total of 15.2 acres. (Attachment #2.) The unit in question contains approximately 2,360 s.f. and is at the southern end of a 23,340 s.f. commercial/retail building. The table below identifies the uses within the existing commercial/retail building that have a current business license. TABLE #3 EXISTING USES WITHIN THE RETAIL BUILDING 14510 BALDWIN PARK TOWNE `.CENTER UNIT BUSINESS NAME SPECIFIC USE Unit D Adriana's Insurance Office Unit F1 Asadero Mexicali Grill Restaurant Unit F1 Dog House Fast Food /Take Out Unit G4 Han's Cosmetics and Salons Beauty Supply /Salon Unit B Los Angeles Smsa Ltd. Partnership Retail Store Unit G1 Panaderia La Espiga De Oro Bakery Unit Al Quizno's Sub #1235 Restaurant Unit G2 Sexy Nails & Spa Beauty Salon Unit F2 Today's Family Dentistry Dentist Office Unit 131 Chinese 4 You Restaurant Unit B Contractor's State License Office Unit C Torta's Sinaloa #5 Restaurant Furthermore, the site is flat and developed with Home Depot, Mc Donald's and Starbucks both with a drive -thru, Denny's Restaurant, Guadalajara Grill Restaurant, and Courtyard by Marriott Hotel. PROPERTY HISTORY One of the units within the commercial retail building has had one hearing before the Planning Commission; it is listed below. No other units within the building have requested entitlements. C AAmy\AMYWV0RDIReports\Commission Reports\CP -769 #7.doc CP -769 January 13, 2010 Page 3 TABLE #4 APPROVED ENTITLEMENTS ON THE SUBJECT PARCEL. ENTITLEMENT LOCATION REQUEST DATE APPROVED CP -483 14510 Baldwin On -site sales of beer and; September 28, 1988 Park Towne wine in conjunction with ` Center Dr. Unit C restaurant (Torta's Sinop #5). CEQAINOTICING In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. On December 31, 2009 a Notice of Public Hearing was posted at the subject site, City Hall, Esther Snyder Community Center, and Barnes Park. Public hearing notices were also mailed to adjacent property owners within a 300 -foot radius of the subject property, and tenants of the existing building on December 31, 2009. DISCUSSION Proiect Description The applicant is requesting a conditional use permit to operate a vehicular drive -thru (24- hour) in conjunction with a fast food restaurant proposed to be located in an existing commercial building. The applicant seeks to redesign the existing service way along the rear of the building (abutting Puente Avenue), to accommodate a vehicular drive -thru, which will be utilized by the fast food restaurant (yet to be disclosed) proposed to occupy the end unit of the existing commercial /retail building. When the subject building was originally constructed in the mid 1980's, it was setback approximately twenty -five (25) feet from the corner of the major intersection of Puente Avenue and Garvey Avenue and allowed for not only a landscaped setback, but also a service way. The building was constructed with the main entrances to the units facing east, allowing for the service way, refuse area, and load inglunloading areas to face the intersection and Puente Avenue. According to the site plan submitted, the service way is approximately seventeen (17) feet wide (wall to wall) and, based upon staff's observations, is utilized by some of the existing businesses for loading /unloading as well as access to the refuse enclosure which is built into the existing building. C: lAmylAMY \VVORDIReportslCommission Reports\CP- 769 #7.doc CP -769 January 13, 2010 Paae 4 Significant Issues When staff first reviewed the application for the 24 -hour vehicular drive -thru, there were significant issues that needed to be addressed: (1 } Fire Department access —are the doors from the individual units to the currently utilized service way required by the Fire Department for emergency access? Would there be a conflict between pedestrians and vehicles? (2) Built -in refuse enclosure —how will the City's refuse hauler access the refuse enclosure if the drive -thru is open 24- hours? (3) Entrance to drive -thru at the Northwest corner of the commercial /retail building and its adjacency to an entrance to the shopping center. How will the entrance to the proposed vehicular drive -thru impact the adjacent entrance into the shopping center? Staff encouraged the Applicant to discuss these concerns and obtain consent to move forward with the LA County Fire Department, City's waste hauler, Waste Management and the City's Public Works /Engineering Division prior to being evaluated for the Planning Commission consideration. Another issue is the restricted use of the service way, once it is converted into a 24 -hour drive -thru, Currently, some of the units in the building use the service way for employee access and loading /unloading of vehicles. Accordingly, the loadinglunloading of vehicles would conflict with the use of the area for a drive -thru and hence, be restricted. Los Angeles County Fire Department Consideration Pursuant to staff's request, the Applicant contacted Jerry Cantu, Inspector with the LA County Fire Department to discuss staff's concerns regarding access from the doors (at the rear of the existing businesses) that open onto the service way and if those doors were required for emergency access. The Applicant met with Inspector Cantu and as a result Inspector Cantu sent an e-mail which is attached (Attachment #3). The LA County Fire Department would not provide a specific approval, conditional approval, or denial without a formal submittal to them. The Applicant is reluctant to make a formal submittal to them without a conditional use permit (CUP) from the City because of the cost and timing. As such, staff is recommending as a condition of approval of this CUP that the Applicant submit for formal LA County Fire Department review and approval for the proposed use of the service way as a drive -thru shall be submitted to the City. Prior to obtaining approval from the LA County Fire Department, the City may withhold any applicable permit for the use of the drive -thru as proposed. In the event that the LA County Fire Department denies the drive -thru as proposed, the conditional use permit, if approved by the Planning Commission, would be rendered void. CMmy1A,MYIWORMReports\Commission ReportslCP -769 #Tdoc CP -769 January 13, 2010 Paae 5 Refuse Enclosure /Access Concems Since the building's refuse containers are located within the existing building service way where the 24 -hour drive -thru is proposed, staff was concerned with the potential conflicts between vehicles utilizing the drive -thru and refuse trucks collecting trash containers. The Applicant contacted Waste Management, the City's refuse hauler and their response did not satisfy staff's concerns (Attachment #4). As a result, in the conditions of approval, two options have been provided to the Applicant to address this issue, Option A: (1) That written acknowledgement from Waste Management be provided on the revised site plan showing the proposed improvements to the new drive -thru area and acceptance that Waste Management will be sharing the pathway to the refuse collection area with the proposed drive -thru and (2) that a refuse pick -up schedule including drive -thru closure times be submitted to the Planning Division for incorporation into the conditional use permit. Additionally, any existing and future tenants shall be notified of the proposed pick -up schedule; OR Option B: (3) That the applicant submits plans, obtain permits, and construct a new refuse enclosure on -site subject to approval by the Planning Division. The proposed enclosure shall be constructed prior to receiving approval to utilize the drive -thru as such. Public Works /Engineering Division Issues Planning and Public Works/Engineering staffs have met several times with the Applicant and his team to discuss issues relating to the redesign of the service way to a 24 -hour drive -thru, including the potential impacts of the entrance to the proposed drive -thru adjacent to an entrance into the shopping center, and to request a traffic study for the proposed use. As a result, the Public Works/Engineering Department has included several conditions /comments that the Applicant will need to address prior to receiving approval to utilize the service way as a drive -thru. These conditions include but are not limited to: (1) providing a revised design to accommodate a safe employee access to the rear building doors adjacent /along the proposed drive -thru; (2) configuring the proposed drive -thru to be at least eleven (11) feet wide; and (3) the driveway approach into the shopping center shall be redesigned to accommodate the adjacent drive -thru access. A traffic study has been submitted and has been reviewed by the Public Works Department. Public Works staff is of the opinion that provided the Applicant meets the conditions of approval, the drive -thru will be constructed and utilized in a manner which will have the least impact upon the adjacent units and those utilizing the shopping center. Planning Commission Concems At the August 25, 2009 Planning Commission meeting, during the public hearing, concerns were expressed from both the Commissioners and members of the public C: lAmy1AMY \WQRD\ReportslCommission Reports\CP -769 #7.doc CP -769 January 13, 2010 Page 6 regarding the potential for police activity at this location due to the proximity to the freeway and the proposed restaurant being open 24- hours. As a result of these concerns, staff contacted Sgt. Kevin Kirkman in the City's Police Department and he indicated that the proposed location was not in a high crime area and that there has been limited criminal activity in the last year. Summary Provided that the Applicant designs, constructs, and utilizes the drive -thru in accordance with the conditions of approval, the location of the drive -thru will not pose a hindrance to uses adjacent to the subject property, the City's Waste Hauler, and other automobiles ingressing or egressing to the shopping center. The proposed drive -thru is located away from the parking stalls utilized to access the commercial /retail building and therefore will not have any impact upon the existing parking area. Menu -board signage within the drive -thru will be placed such that vehicles will not impede into the ingress /egress drive approach adjacent to the entrance of the drive -thru. According to the traffic study the vehicle stacking area can accommodate approximately 16 vehicles. This is significantly more that the city currently requires which are eight (8) vehicles. Parking is not a concern as a total of forty -three (43) parking stalls are site specific, adjacent to the units, and the overall center contains 1,000+ parking spaces. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the Planning Commission open the public hearing and adopt Resolution PC 09 -07, "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 VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP- 769)." FINDINGS OF FACT 1. The subject site is adequate in size and shape to accommodate the proposed fast food restaurant as the specific site where the restaurant is located contains approximately 48,787 s.f. and is part of a larger retail /commercial shopping center which contains approximately 15.2 acres. The existing building on the specific site contains approximately 23,340 s.f. and the specific unit about 2,300 s.f of floor area. There is reciprocal ingress and egress for the proposed fast food restaurant utilizing the proposed drive through (in addition to street access), in conjunction with the enfire shopping center site; and CA Amy\AMY\WORDIReports\Cnmmission Reports\CP -769 #7.doc CP -769 January 13, 2010 Page 7 2. The site has sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use as the site is located within a shopping center which has frontage along Garvey Avenues and Puente Avenue. Merced Avenue and Puente Avenue are designated as collector streets in the City's Circulation Element of the General Plan; and 3. Provided the proposed drive -thru is developed /constructed and operated in accordance with the conditions of approval, it will not have an adverse impact upon uses adjacent to the subject property as the adjacent properties are developed with retail /commercial uses. Conditions of approval have been included which address the City's waste hauler's concerns and the City's Public Works /Engineering concerns including pedestrian safety, trash and refuse, relocation of existing utility boxes, traffic circulation and rehabilitation of the existing curb and gutter. Furthermore, the Applicant has agreed to seek approval from the LA County Fire Department and accept any and all future conditions of approval that LA County Fire Department may require herewith, The drive -thru exits into a parking lot which has ingress /egress access to Puente Avenue or Garvey /Merced Avenues. 4. The proposed use is in conformance with the General Plan of the City of Baldwin Park and is in accordance with Goal 5.0 and Policy 5.1 of the Economic Development Element of the General Plan which discusses promoting development along the 1 -10 corridor and encourages the development of high volume retail commercial centers. CONDITIONS OF APPROVAL That the property shall be developed and maintained in substantial accordance with Exhibit 'A," as revised in accordance with these conditions herein or any other conditions which may become applicable and which shall thereafter be approved by the Planning Division. A revised Exhibit "A" shall be submitted within thirty (30) days incorporating the revised design of the drive approach and roadway adjacent to the existing commercial /retail building pursuant to the conditions of approval; and 2. That the Applicant shall revise the roadway geometry, pursuant to the 2004 Ed. of A policy on Geometric Design of Highways and Streets, by the American Association of State Highway and Transportation Officials. As a result the new geometric realignment will result in shifting the site entry to the north approximately twelve (12) to fifteen (15) feet. a) Revise outside wheel -path radius at entry. Minimum radius is 25.5' for outside wheel -path line; and C: IAmylAMY \WORD\ReportslComrnission Reports\CP -769 #7.doc CP -769 January 13, 2010 Page 8 b) Revise roadway curb radius on the approach side of the Puente site ingress to a range from 12' -15'. c) Revise roadway centerline radius on the curve before the reverse curve as vehicles egress site (westbound). Use a radius of 100 feet or as otherwise approved by the Public Works Department to improve driving comfort on the reverse curves; and 3. Relocate all utilities in conflict with the new roadway alignment. Utility boxes shall not be located within the thru roadway and/or drive approach areas unless they include roadway rated covers and boxes; and 4. Pursuant to the revised geometry for the new roadway alignment, identify only parking stalls that will meet the current parking stall minimum dimensions and be available for use post - construction. Any deleted and /or relocated parking stalls shall be subject to review and approval by the City Planner; and 5. Existing parking light standard identified as Protect In Place (P.I.P) on the Exhibit "A ", dated January 13, 2010 shall be relocated on -site pursuant to approval by both the Planning Division and Public Works Department; and 6. Relocate on -site, to a location subject to approval by the Planning Division, the three (3) palm trees interfering with the new roadway alignment. Should the relocated palm trees not survive and die within six (6) months of the relocation, three (3) 48" box palm trees of the same species shall be planted in the respective location within thirty (30) days of the dead tree removal. Dead trees shall be removed within thirty (30) days. Alternatively, the trees may be removed and three (3) 48" box palm trees of the same species shall be planted in the respective location that does not interfere with the new roadway alignment; and 7. Modify curbing for the raised landscaped medians to accommodate required geometry resulting in the new roadway alignment; and 8. Re- stripe and/or re -paint pavement markings to accommodate the revised parking lot layout, including the new roadway alignment and the new parking stall configuration. Any work performed in the public right -of -way shall meet the standards set per the Manual on Uniform Traffic Control Devices (MUTCD); and 9. Provide City Engineer approved truncated domes at wheelchair access locations adjacent to the entrance /exit driveway on Puente Avenue and on Garvey Avenue, including the locations on the extensions of these pedestrian paths, as applicable, that are proposed on -site; and C:\ Amy\AMY\WORD\Reports\Commission Reports\CP -769 9YAm C P -769 January 13, 2010 Page 9 10. Install a "One Way" sign on the Puente Avenue center median facing vehicles which will be egressing the site in the westbound direction to inform drivers that they may only make a right turn onto Puente Avenue; and 11. Three "No Parking" signs shall be installed throughout the proposed drive thru area in locations subject to review and approval of the Public Works Department; and 12. That the use shall be operated and the subject property shall be maintained in a neat and orderly manner, and the site shall be kept free of litter and that all graffiti throughout the property shall be removed within twenty -four (24) hours at the expense of the applicant and/or property owner; and 13. All proposed signage relating to the proposed fast food restaurant shall be in accordance with the shopping center's adopted sign program for the Baldwin Park Towne Center. Prior to installation, all proposed signage, including menu boards and ancillary (exit /enter, thank you etc. signs) signs, in accordance with the adopted sign program, will require separate applications, fees, review and approvals by the Planning Division; and 14. Replace damaged and cracked asphalt within the area proposed for the drive -thru, subject to the satisfaction of the City's Public Works /Engineering Department; and 15. Provide a protected pedestrian crossing that is striped at the drive -thru exit and provide "stop" and "do not enter" signs at the exit of the proposed drive -thru. These and any proposed accessory signs shall be included as part of the overall sign program for the proposed fast food restaurant; and 16. Replace damaged and broken curb and gutter and curb at the entry point of the southernmost drive approach facing Puente Avenue and within the entrance to the proposed drive -thru; and 17. Incorporate the existing roof drains with new improvements along the proposed drive -thru. Proposed design shall not allow for any ponding of water adjacent to the existing building or within the drive -fhru area. Any modifications shall be subject to review and approval of the Public Works /Engineering Department; and 18. Submit a design that incorporates a pedestrian barrier or separation, such as bollards or other acceptable measure as approved by the Public Works Department, that provides for safe employee access at the rear doors of the building adjacent to the proposed drive -thru. Vehicle drive -thru area shall be at least eleven (11) feet wide and provide for a pedestrian walk area; and 19. The Applicant shall provide written verification /approval from the Los Angeles County Fire Department to utilize the area proposed as a vehicular drive -thru prior to receiving approval, or any applicable permits, from the City's Planning, Building and Engineering Divisions to utilize the area as such; and CAAmy1AMYMORMReportslCommission ReportMCP -769 97.doc CP -769 January 13, 2010 Paae 10 20. The Applicant acknowledges that the City may impose additional conditions to address the Los Angeles County Fire Department concerns. In the event that the Fire Department's conditions of approval are not agreeable to the City or result in substantial changes to the drive -thru as proposed, the City has the right to require this proposal be returned to the Planning Commission for its consideration to be approved, conditionally approved or denied. In addition, the Applicant acknowledges that in the event the Los Angeles County Fire Department does not or will not approve the drive -thru as proposed then this Conditional Use Permit shall become null and void; and 21. The Applicant understands that no construction or development shall be permitted without written approval from the Los Angeles County Fire Department and submittal of the same to the City of Baldwin Park Planning Division; and 22. In the event that the Applicants opts not to construct and design a new refuse collection area in accordance with Condition 24 below, the Applicant shall submit to the Department of Public Work's satisfaction, a letter from Waste Management acknowledging acceptance of the revised site plan showing the proposed improvements to the new drive -thru area and explicitly agreeing and acknowledging that Waste Management will be sharing the drive -thru and utilizing the drive -thru to pick up refuse at the existing refuse collection area within the proposed drive -thru area. The Applicant acknowledges that the drive -thru area shall be closed during refuse pick -up times; and 23. A refuse pick -up schedule shall be submitted to the Planning Division for the refuse area built -into the existing building if it is utilized as such in the future. The schedule shall identify when the drive -thru will be closed for refuse pick -up. The existing tenants shall be notified of the modified refuse pick -up schedule. The schedule shall be incorporated as part of this conditional use permit; and 24. If the Applicant chooses or not to meet conditions #22 and #23 above, plans shall be submitted for the construction of a new refuse enclosure on site. Location shall be subject to review and approval by the City's Planning and Building Divisions. In addition the existing refuse collection area shall be locked and sealed; and 25. Future tenant leases shall include language indicating that loading and unloading times for the businesses located within the existing building shall be between the hours of 9:00pm and 8:00am daily, from the front parking lot only, exclusive of the rear service alleyldrive -thru; and 26. The Applicant shall submit to the Department of Public Work's satisfaction a written acknowledgement containing signatures of all current building tenants acknowledging receipt of the revised site plan showing the proposed improvements to the new drive -thru area along with a copy of the approved refuse pick -up schedule; and CAAmyIAMMORDlReports \Commission Reports \CP -769 47.doc CP -769 January 13, 2010 Paqe 11 27. That any proposed menu board shall not be located within sixty (60) feet of the entrance to the proposed drive -thru; and 28. Any lighting shall be shielded and pointed downward so as not to spill onto adjacent properties or the public right -of -way; and 29. That the Applicant shall provide a roof top address which meets the following spedifications: a) Numbers and letters shall be three to four feet in height and one foot in width; and b) Numbers and letters shall be spaced at least twelve inches apart; and c) Paint numbers and/or letters so that they are parallel to Puente Avenue; and d) Use a non - reflective color that contrasts with the color of the roof; and e) Neon colored paint is not permitted; and f) Do not illuminate the rooftop address as it creates glare for the helicopter crew. 30. That the Applicant shall defend, indemnify, and hold harmless the City of Baldwin Park, its agents, officers or employees from any claims, damages, action, or preceding against the City or its agents, officers, or employees to attack, set aside, void, annul any approval of the City, its advisory agencies, appeal boards, or legislative body. The City will promptly notify the Applicant of any such claim, action or proceeding against the City and will cooperate fully in the defense; and 31. That the applicant shall comply with all conditions of approval within twelve (12) months after the date of the approval of CP -769. Any violations of these conditions are grounds for immediate revocation of CP -769 pending a duly noticed public hearing by the Planning Commission or City Council on appeal. Any costs associated with the revocation of this conditional use permit shall be paid by the applicant and /or owner; and 32. The applicant shall sign a notarized affidavit within twenty (20) days after the date of the Resolution, stating that the applicant has read, understands, and accepts all of the Conditions of Approval. ATTACHMENTS • #1, Exhibit "A," dated August 25, 2009 • #2, Vicinity Map • #3, E -mail dated June 22, 2009 from Jerry Cantu, Inspector LA County Fire Department to Rodney Rivani (rrestate @aol.com) • #4, E -mail dated June 22, 2009 from Fernando Pardo, Route Manager, Waste Management to Rodney Rivani (rrestate Paol.com ) O #5, Traffic Assessment Report for Tenant Change • #6, Significant Police Activity Report for the Baldwin Park Towne Center i #7, Application Forms and Statements • #8, Draft Resolution of Approval PC 09 -07 C: IAmylAMY\WORD1Reports\Commission ReportslCP -769 47.doc ATTACHMENT #1 DATED JANUARY # LLI CL g LLI �N �aa �a U. ®�' z �I I �I R� R! w �O LXI ad t3 tit; p .a fs t 4 $ o HOW 04811 18 12 iallai'lli3OAR M e iI z I $g1 Q 1 I II s 3 3 `L�5 F iy e r k C `. v �� iii. �•: ti g ' F afafaxfsiafgfa. }s. •e f I I ,w VICINITY MAP �s s�� r e sn � ws+ auc ♦ ,N� 3ws r W6' r 3200 c C2 r F� �a ♦ QJ� N C ♦ = ° ° N" 14835 14530 • coo14540 FC '•�� ` 14550 14610 ww O r+ r P r r r r r r+ P r r P r ■ VF, P • sM r ♦ rr P +P +* Pr■r �t/�C�_['ll'v^1' y P ++ P r P + * +* + r P P+ r r BERN A6D NO f P r ++ P P P+ r+ P P P Cff��I VV!^1� r y r �■ P r■ P s r +° �' P r P P P P P+ P+ P r r+ �o ►`� Sub)0ect Property PLAN NI Vicinity NG Ma DIVISION N CASE NQ.: CP -769 ADDRESS: 14510 Baldwin Park Towne Center, Unit A 1 DATE: January 13, 2010 of ilk liq �# Amy Harbin Froth: Cantu, Gerry [GCantu @fire.lacounty.gov] Sent: Monday, .tune 22, 2009 11:56 AM To: rrestate @aal,com Subject: 14510 Towne Ctr. , Baldwin Park Mr. Ravani, We just spoke re: 14510 Towne Ctr. Dr. in Baldwin Park. I really can't comment on the proposed rear exiting issue and drive through behind the above address that we spoke about because you haven't submitted any plans for me to comment on. All I did was refer to the Building Code section that deals with means of egress (Chapter 10). Any modifications should comply with that section, The information that you gave me and I gave you was in general terms. If you plan to propose a modification to the exit access in the rear of this building, please submit to the Building and Safety of Baldwin Park, and they will in turn have you submit to the Fire Dept. for comment. I didn't have your phone number or I would have called you right back, Please e -mail me back and include you phone number. Thank you. Jerry Cantu, Fire Inspector County of Los Angeles Fire Department Fire Prevention Division, East Region Covina 400 N. Citrus Ave., Covina, CA 91723 626 -974 -8335 Office 626 -974 -8359 FAX ocanto anfire,lacounty.go JUKI 2 2 2001 6/22/2009 LA31 A k, k IBM Page 1 of Amy Harbin From: Prado, Fernando [fprado @wm,com] Sent: Monday, ,tune 22, 2009 1 :29 PM To: rrestate Subject: RE: Baldwin Park Plaza Drive Thru Hi Amigo regarding our conversation I do not see a problem for the regular truck to drive around the building to service the bins if you are going no narrow the driveway about 3 fetes should be O.K. Fernando Prado Waste Management Route Manager Tel. 626 960 7551 Ext 240 Cel 626 831 0600 fprado @wm.com - - - -- Original Message---- - From: rrestate [rnailto:rrest:ate @aol.com] Sent: Friday, 3une 19, 2009 11 :51 AM To: Prado, Fernando Cc: rrbiz @aol.com Subject: Baldwin Park Plaza Drive Thru Hi Fernando, It was a pleasure speaking to you today, I wanted to confirm with you that it will be acceptable for you to share the drive thr-u lane with a restaurant and it will not affect your ability to empty the containers. Have A Great Weekend, Rodney Rivani President & CEO Elite Shopping Centers Management Inc. Office: (3 )10) 4748844 2378 Westwood Blvd. RREstate(a—t aol.coin Los Angeles. CA 90064 JUN 2 2 2009 Visit Our New Welasite: Make your summer sizzle with fast and easy recipes for the grill. 6/22/2009 i,age ! or Waste Management recycies enough paper ev�e,rt year to safe 41 million trees, ay not printing this email, you can help :ave even more, 6/22/2009 A A: . CHANGE Traffic Assessment Repast foi At 1451 D Baldwin Pc Baldwin Park, CA November 4"', 200, Existing Tenant: Quizno's fast food & Electronics Cell Phones New Tenant proposed use: Del Taco with Drive through & Reduced Electronics Cell Phones Prepared bv: Bassein MI. Barsourn. MSCE. PE Traffic Engineer 32 harmony, Irvine, CA 92602 bass em. barsou r-nncox.net (714) 389 -1967 i Y1 -P ,t ",t .✓ F1g _s Al - 4 - � F + 6 7f - yP z f } {j r M 4 } s JL xw -g-� -„ a '* . tio r."'M O. x tit MEW !Is/' ,g.. Al 4' . 2) Existing Tenant use v r) y' 7 "1 . rz�: .... . . . ......... 17 Page 3 of 26 F) Quiznc>'s E I ectrorlic VVi releas business .(1;691 sq ft) ,rte ffON _J 3 All a 7 Page 3 of 26 F) 3) Proposed new Tenant use (Del Taco) Proposed Del Taco' -., (24 seats) Electronic wireless -" t Business (689 sq ft) n� _ ,r- o^neri x IF yj G a , & F R Y I T; • .r 'rw Page 4 of 26 9 a 0 0 0 a a a ■ ■ 0. a a I Proposed new Tenant use (Del Taco) (continue) no a ■ M. RHmM.mmmm..m a% mum ■ OEM BENNO was a m a a 0 a a 0 a 0 a a WALL Ill a ---------------- iw ERIN M. 14 a a M :i.� , 'N:W a NJ: a 0 a 0 a W a K a U a ■ a a a a 0 a 0 0 a a I a a of a X m a BEEN KAM l a a I a a 0 1 a 0 0 rW H1 . . . . . .. . . . . . . . . . a a a a a a a a 0 a a 0 a a a a a A a 1. v Disclaimer-, For exact layout refer to Architectural Plans YA 0 Page 5 of 26 1 Al a WALL Ill ---------------- ERIN M. a .aaaaf a W 0 . . . . . . . amommm among a am% BEEN KAM l { { #e IkKKURREEMM: a I a a 0 1 a 0 0 rW Disclaimer-, For exact layout refer to Architectural Plans YA 0 Page 5 of 26 1 Al 3• i - vp"¢ dry 5 " �.'k Harr Hepot`° 7 x A } ew z W � , Proposed Del S} 3 aKz= AiC a at i� tR�a9 ,,t 2 T xt Nyy rt• additional storage at the beginning of the driveway entrance to the proposed Del Taco from Puente Blvd entrance. 5) Traffic Trip Generations: The trip generation calculation for current and proposed use is based on the 7ff edition of the Institute of Transportation Engineers (ITE) manual. The tables below summarize the values based on current use and the proposed use. 833 Fast Food Resturant without Drive Thru (Existing Quizno`s Use) Summary of Multi -Use Trip Generation 'Average Weekday Driveway Volumes 4- Nov -09 24 Hour AM Pk Hour PM Pk Hour Two -Way Land Use Size Volume Enter Exit Enter Exit Fast -Food Restaurant without Drive -Thru 19 Seats 800 0 0 26 15 Total 800 0 0 26 15 Note: A zero indicates no data available. Saturday and Sunday Driveway Volumes 4- Nov -09 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Fast -Food Restaurant without Drive -Thru 19 Seats 778 0 0 559 0 0 Total 778 0 0 559 0 0 Note: A zero indicates no data available. TRIP GENERATION BY MICROTRANS Page 7 of 26 863 Electronics Superstore (Existing Cell Phone Bussiness) Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes 8- Oct -09 24 Hour AM Pk Hour PM Pk Hour Two -Way Land Use Size Volume Enter Exit Enter Exit Electronics Superstore 1.591 Th.Gr.Sq.Ft. 72 0 0 4 4 Total 72 0 0 4 4 Note: A zero indicates no data available. Saturday and Sunday Driveway Volumes 8 -Oct -09 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Electronics Superstore 1,591 Th.Gr.Sq.Ft. 0 0 0 0 0 0 Total 0 0 0 0 0 0 Note: A zero indicates no data available. TRIP GENERATION BY MICROTRANS Pate 9 of 26 863 Electronics Superstore (Reduced square footage generation for Cell Phone Business) Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes 15- Oct -09 24 Hour AM Pk Hour PM Pk Hour Two -Way Land Use Size Volume Enter Exit Enter Exit Electronics Superstore 0.689 Th.Gr.Sq.Ft. 31 0 0 2 2 Total 31 0 0 2 2 Note: A zero indicates no data available. Saturday and Sunday Driveway Volumes 15- Oct -09 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Electronics Superstore 0.689 Th.Gr.Sq.Ft, 0 0 0 0 0 0 Total 0 0 0 0 0 0 Note: A zero indicates no data available. TRIP GENERATION BY MICROTRANS Page 9 of 26 934 Fast -Food Restaurant with Drive -Thru (Proposed Del Taco Use) Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes 12- Oct -09 AM Pk 24 Hour Hour PM Pk Hour Two - Way Land Use Size Volume Enter Exit Enter Exit Fast -Food Restaurant with Drive -Thru 21 Seats 410 15 13 11 9 Total 410 15 13 11 9 Note: A zero indicates no data available. Saturday and Sunday Driveway Volumes 12- Oct -09 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Fast -Food Restaurant with Drive -Thru 21 Seats 496 26 25 371 21 Total Note: A zero indicates no data available. TRIP GENERATION BY MICROTRANS Pace 10 of 26 496 26 25 371 21 22 22 934 Fast -Food Restaurant with Drive -Thru (Net added trips for proposed Dei Taco Use) Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes 4- Nov -09 24 Hour AM Pk Hour PM Pk Hour Two -Way Land Use Size Volume Enter Exit Enter Exit Fast -Food Restaurant with Drive -Thru 21 Seats -431 15 13 -17 -8 Total -431 15 13 -17 -8 Note: A zero indicates no data available. A -ve value indicates net volume generated less than existing use. Saturday and Sunday Driveway Volumes 4- Nov -09 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Fast -Food Restaurant with Drive -Thru 21 Seats -282 26 25 -188 21 22 Total -282 26 25 -188 21 22 Note: A zero indicates no data available. A -ve value indicates net volume generated less than existing use. TRIP GENERATION BY MICROTRANS Page 11 of 26 934 Fast -Food Restaurant with Drive -Thru (Net added trips for proposed Del Taco Use) Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes 15- Oct -09 24 Hour AM Pk Hour PM Pk Hour Two -Way Land Use Size Volume Enter Exit Enter Exit e. Fast -Food Restaurant with Drive -Thru 21 Seats -433 -14 -7 -6 -7 Total -433 -14 -7 -6 -7 Note: A zero indicates no data available. A -ve value indicates net volume generated less than existing use. Saturday and Sunday Driveway Volumes 15- Oct -09 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit Fast -Food Restaurant with Drive -Thru 21 Seats -284 -4 -6 -189 21 22 Total -284 -4 -6 -189 21 22 Note: A zero indicates no data available. A -ve value indicates net volume generated less than existing use. TRIP GENERATION BY MICROTRANS Page 12 of 26 933 Fast Food Resturant without Drive Thru (Existing Qulzno's Use) Summary of Trip Generation Calculation For 19 Seats of Fast -Food Restaurant without Drive -Thru 4- Nov -09 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Page U of 26 Average Rate Standard Deviatio n Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 42,12 0 1 800 7 -9 AM Peak Hour Enter c 0 0 1 0 7 -9 AM Peak Hour Exit 0 0 1 0 7 =9 AM Peak Hour Total 0 0 1 0 4 -6 PM Peak Hour Enter 1.36 0 1 26 4 -6 PM Peak Hour Exit 0.77 0 1 15 4 -6 PM Peak Hour Total 2.13 0 1 40 AM Pk Hr, Generator, Enter 0 0 1 0 AM Pk Hr, Generator, Exit 0 0 1 0 AM Pk Hr, Generator, Total 0 0 1 0 PM Pk Hr, Generator, Enter 3.43 0 1 65 PM Pk Hr, Generator, Exit 3.16 0 1 60 PM Pk Hr, Generator, Total 6.59 0 1 125 Saturday 2 -Way Volume 40.94 0 1 778 Saturday Peak Hour Enter 0 0 1 0 Saturday Peak Hour Exit 0 0 1 0 Saturday Peak Hour Total 0 0 1 0 Sunday 2 -Way Volume 29.41 0 1 559 Sunday Peak Hour Enter 0 0 1 0 Sunday Peak Hour Exit 0 0 1 0 Sunday Peak Hour Total 0 0 1 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Page U of 26 863 Electronics Superstore (Existing Cell Phone Busiriess) Summary of Trip Generation Calculation For 1.591 Th.Gr.Sq.Ft. of Electronics Superstore 11- pct -09 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Page 14 of 26 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 45.04 13.69 1 72 F 7 -9 AM Peak Hour Enter 0 0 1 0 7 -9 AM Peak Hour Exit 0 0 1 0 7 -9 AM Peak Hour Total 0.28 0 1 0 4 -6 PM Peak Hour Enter 2.21 0 1 4 4 -6 PM Peak Hour Exit 2.29 0 1 4 4 -6 PM Peak Hour Total 4.5 2.37 1 7 AM Pk Hr, Generator, Enter 1.83 0 1 3 AM Pk Hr, Generator, Exit 1.63 0 1 3 AM Pk Hr, Generator, Total 3.46 1.94 1 6 PM Pk Hr, Generator, Enter 2.21 0 1 4 PM Pk Hr, Generator, Exit 2.29 0 1 4 PM Pk Hr, Generator, Total 4.5 2.37 1 7 Saturday 2 -Way Volume 0 0 1 0 Saturday Peak Hour Enter 0 0 1 0 Saturday Peak Hour Exit 0 0 1 0 Saturday Peak Hour Total 0 0 1 0 Sunday 2 -Way Volume 0 0 1 0 Sunday Peak Hour Enter 0 0 1 0 Sunday Peak Hour Exit 0 0 1 0 Sunday Peak Hour Total 0 0 1 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Page 14 of 26 863 Electronics Superstore (Reduced square footage generation for Cell Phone Business) Summary of Trip Generation Calculation For .689 Th.Gr.Sq,Ft. of Electronics Superstore 15- Oct -09 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Page 15 of 26 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 45.04 13,69 1 31 7 -9 AM Peak Hour Enter 0 0 1 0 7 -9 AM Peak Hour Exit 0 0 1 0 7 -9 AM Peak Hour Total 0.28 0 1 0 4 -6 PM Peak Hour Enter 2.21 0 1 2 4 -6 PM Peak Hour Exit 2.29 0 1 2 4 -6 PM Peak Hour Total 4.5 2.37 1 3 AM Pk Hr, Generator, Enter 1.83 0 1 1 AM Pk Hr, Generator, Exit 1.63 0 1 1 AM Pk Hr, Generator, Total 3.46 1.94 1 2 PM Pk Hr, Generator, Enter 2.21 0 1 2 PM Pk Hr, Generator, Exit 2.29 0 1 2 PM Pk Hr, Generator, Total 4.5 2.37 1 3 Saturday 2 -Way Volume 0 0 1 0 Saturday Perak Hour Enter 0 0 1 0 Saturday Peak Hour Exit 0 0 1 0 Saturday Peak Hour Total 0 0 1 0 Sunday 2 -Way Volume 0 0 1 0 Sunday Peak Hour Enter 0 0 1 0 Sunday Peak Hour Exit 0 0 1 0 Sunday Peak Hour Total 0 0 1 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Page 15 of 26 934 Fast -Food Restaurant with Drive -Thru (Proposed Del Taco Else) Summary of Trip Generation Calculation For 21 Seats of Fast -Food Restaurant with Drive -Thru 12- Oct -09 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS 6) Traffic Trip Generations evaluation: The total 24 hours weekday trips that will be generated from Del Taco based on ITE manual is less than existing combined used of both Quizno's and the reduced Cell Phone business by 431. AM peak entering vehicles will be more than existing by 15 vehicles. AM peak exiting vehicles will be more by 13 vehicles. PM peak entering vehicles will be less than existing by 17 vehicles. PM peak exiting vehicles will be less than existing use by 8 vehicles. The total 24 hours Saturday trips that will be generated from Del Taco based on ITE manual is less than existing combined used of both Quizno's and Cell Phone business by 282 vehicles. The peak hour entering vehicles will be more than existing by 26 vehicles. The peak hour exiting vehicles will be more than existing by 25 vehicles. Page 16 of 26 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 19.52 9.97 1 410 7 -9 AM Peak Hour Enter 07 0 1 15 7 -9 AM Peak Hour Exit 0.62 0 1 13 7 -9 AM Peak Hour Total 1.32 1.41 1 28 4 -6 PM Peak Hour Enter 0.5 0 1 11 4 -6 PM Peak Hour Exit 0.44 0 1 9 4 -6 PM Peak Hour Total 0.94 1.16 1 20 AM Pk Hr, Generator, Enter 0.79 0 1 17 AM Pk Hr, Generator, Exit 0,7 0 1 15 AM Pk Hr, Generator, Total 1.49 1.51 1 31 PM Pk Hr, Generator, Enter 0.81 0 1 17 PM Pk Hr, Generator, Exit 0.81 0 1 17 PM Pk Hr, Generator, Total 1.61 1,75 1 34 Saturday 2 -Way Volume 23.64 12.52 1 496 Saturday Peak Hour Enter 1.25 0 1 26 Saturday Peak Hour Exit 1.21 0 1 25 Saturday Peak Hour Total 2.46 1.71 1 52 Sunday 2 -Way Volume 17.67 9.38 1 371 Sunday Peak Hour Enter 0.99 0 1 21 Sunday Peak Hour Exit 1.03 0 1 22 Sunday Peak Hour Total 2.02 1.48 1 42 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS 6) Traffic Trip Generations evaluation: The total 24 hours weekday trips that will be generated from Del Taco based on ITE manual is less than existing combined used of both Quizno's and the reduced Cell Phone business by 431. AM peak entering vehicles will be more than existing by 15 vehicles. AM peak exiting vehicles will be more by 13 vehicles. PM peak entering vehicles will be less than existing by 17 vehicles. PM peak exiting vehicles will be less than existing use by 8 vehicles. The total 24 hours Saturday trips that will be generated from Del Taco based on ITE manual is less than existing combined used of both Quizno's and Cell Phone business by 282 vehicles. The peak hour entering vehicles will be more than existing by 26 vehicles. The peak hour exiting vehicles will be more than existing by 25 vehicles. Page 16 of 26 The total 24 hours Sunday trips that will be generated from Del Taco based on ITE manual is less than existing combined used of both Quizno's and Cell Phone business by 188. The peak hour entering vehicles will be more than existing by 21 vehicles. The peak hour exiting vehicles will be more than existing by 22 vehicles. Such values are summarized on the Net trip generation table on page 12 of this report. It is our assessment that based on those values it is expected to have an improved circulation and insignificant change from existing tenant use as the trip generation demonstrates. 7) Del Taco Drive way Traffic storage evaluation: The proposed Del Taco will have an access driveway around the entire building. The total length available for storage/ stacking till the proposed location of Menu Board and ordering Box is about 329 ft. For an average gap and car length of 20 ft, the number of spaces available for vehicle stacking will be 16 cars. The average time that a vehicle stays until their order is ready is 1.5 minute. Such 1.5 minute average means that in an hour there will be 40 vehicles served. Based on ITE manual trip generation, the highest driveway peak volume is 26 vehicles which occur on Saturdays while the highest driveway weekday peak volume is 15 vehicles which occur during the AM Peak hours between 7 and 9 AM. If the rate of vehicles discharge is 40 vehicles per hour, then theoretically there should be no stacking issue. Additionally, the vehicles generated are coming not just from Puente Avenue but some will be coming from Garvey Avenue through McDonald's driveway which will have storage of additional 7 vehicles totaling 23 vehicles from such direction not including the front end of the building. This project provides stacking storage for 23 vehicles if traffic enters from Garvey's Avenue. In my evaluation, the project will provide sufficient storage based on the anticipated trips as shown on ITE trip generation manual, The maximum peak hour vehicles that can be served on the drive through is 63 vehicles which represents 40 vehicles per hour discharge rate and 23 vehicles that can be stacked without spilling to parking area. The highest amount of drive through traffic volume that is expected to be generated by Del Taco based on ITE manual is 26 which is far less than the available 63 vehicles. 8) Del Taco Drive way Traffic spill to existing parking evaluation: A field survey was conducted during a typical weekday as well as weekend period. The attached pictures demonstrate the existing parking condition around this commercial property. During the time of this survey, there was enough parking. Vehicles that were going to McDonald's were using this parking since it is closer to the door entrance. There is an average of 11 parking spots available between this site and McDonald. Also additional parking was available on entrance from Puente Avenue. This study focus on merely the modified tenant use and was not intended to evaluate the entire commercial complex parking needs which includes Home Depot, and others. Page 17 of 26 Proposed Del Taco drive through entrance from Puente Ave view of back of the bwlding from Puente Ave driveway access Page 18 of 26 s't l e �n1 i } s ts Looking proposed new Del 'Paco driveway that wraps around the entire building parallel to Puente Ave - uoicing proposca new llel 1 aeo driveway that wraps around the entire building Page 20 of 26 lqpw i.y4~ e lit E f �i "w � k� ��>•9-�x i'sF'V.ftt+^s +.— � <a .."� .,.. � � � ✓ } -?;. �� >�...,_ . >x li�rp2,�F f y�,'%v�+'t �'F!S�..a` i�.<',1'- 2r�;3"` � `�'- p� _ �.Mr.- u�.'a`+- ��,E�ai:�°a.... .. t 4 1 � r !f f0as K i lit E f �i "w � k� ��>•9-�x i'sF'V.ftt+^s +.— � <a .."� .,.. � � � ✓ } -?;. �� >�...,_ . >x li�rp2,�F f y�,'%v�+'t �'F!S�..a` i�.<',1'- 2r�;3"` � `�'- p� _ �.Mr.- u�.'a`+- ��,E�ai:�°a.... .. \ �1f 2 'K S Z � ASS 1 SF ,6 i L 1 } IFS 3 i; III 4 4f y,p..iF� -crew �i i� iI1 ? w kll` D: . N Q C h y¢ t it 3 Ys i�3.= 'af�/F; ,G . ! y 1 r � R � y��' � � �� a�� 'ir � sp S ,• 3 � T 4 , " ,• 3 ii /� a" T.- 10/01/2 . , x +?C? cA! F n' I J9 + � t Mk. 1 +t` stir -'t 4ri t 8 :Ft r ;Y t t y T.- 10/01/2 . , x +?C? cA! F n' I J9 + � t Mk. 1 +t` stir -'t 4ri t 8 :Ft r 9) Conclusion and recommendation: This report is intended to assess the existing use and compare its trip generation versus the proposed Del Taco use trip generation, As discussed under bullets # 5 and 6, the proposed used is expected to have less than significant impact on the amount of trips that will be generated if not less than what is currently generated by current tenants. Also after evaluating the parking of the modified use, possible spill of the drive through from Del Taco and evaluation of the need for additional storage at the beginning of the driveway entrance to the proposed Del Taco from Puente Blvd entrance, it is also my assessment that there is less than significant impact provide there is enough parking to accommodate e,;cess parking need. Additionally, the amount of storage for the proposed drive through is typically much higher than similar Del Taco facility with similar use, As mentioned under bullet # 7, there is storage for 23 vehicles from Gravey Avenue, Both storage length and the size of the proposed tenant modification in my view are not expected to have a significant impact on the circulation or parking on the contrary it will improve the parking internal circulation and availability based on the reduced new Del Taco trip generation. Paac 26 of 26 f 1 r :� Pate 1 of 1 Amy Harbin From: Kevin Kirkman Sent: Thursday, November 05, 2009 3:15 PM To: Amy Harbin Subject: RE; PD Stats for Baldwin Park Towne Center Copy. Thank You Kevin From: Amy Harbin Sent: Thursday, November 05, 2009 2:43 PM To. Kevin Kirkman Subject. PD Stats for Baldwin Park Towne Center Hi Kevin, Thanks for the stats for the Baldwin park Towne Center. Would it be possible to use them as an attachment in the staff report (CP -769) that I'm preparing for the Planning Commission meeting? I'd like to have them as back up to the statements that I've included in the staff report. I've included the paragraph where I reference you below, Thanks, Amy Planning Commission Concerns At the August 25, 2009 Planning Commission meeting, during the public hearing, concerns were expressed from both the Commissioners and members of the audience regarding the potential for police activity at this location due to the proximity to the freeway and the proposed restaurant being open 24- hours. As a result of these concerns, staff contacted Sgt. Kevin Kirkman in the City's Police Department and he indicated that the proposed location was not in a high crime area and that there has been limited significant criminal activity in the last year most likely due to the activity in the shopping center. Amy L. Harbin City Planner City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011, ext. 475 (626) 813 -5261 (Main) (626) 962 -2625 (fax) AHarbin @baldwinpark.com www.baldwinpark.com 11/5/2009 i i 11 /08 - 1 i/ /99 When reported I incident naturelIncident number Offense 1:52:12 09/26/2009 TC- Injury 09 -3713 6 TCIN RER :42:57 09/25/2009 Warrant Arrest 09 -3707 0 WARR RER 09:34:40 09/23/2009 GRAND THEFT REP 09-36725 TPSH RER 18 :57:30 09/22/2009 484 - -REPORT 09-36672 TPSH RER 19:40:31 09/20/2009 DUI Report 09 -3646 1 DUI2 RER 10:22:02 09/10/2009 487 - REPORT 09-3491.9 TPMV RER 13:45:46 09/01/2009 Fraud Report 09 -33527 FRA2 RER 11 :52:51 08/29/2009 417 -GUN 09-33118 WOF2 RER 13:23:52 08/27/2009 459 - REPORT COMM 09-32797 BNUE RER 07:37:28 08/14/2009 GTA- Automobile 09-30898 TVAU RER 21:44;20 08/13/2009 GTA- Recov- OAS 09-30861 RSVE RER 21:11:06 08/13/2009 GTA -- Automobile 09-30856 TVAU RER 17:12:48 08/13/2009 TC- Injury 09 -30829 TDS2 RER 18:13:19 08/07/2009 TC- Injury 09 -3003 6 TCIN RER 10:10:59 08/07/2009 TC- Non - Injury 09 -29978 TCNI RER 13:45:29 07/20/2009 TC- Non - Injury 09 -27454 TCNI RER 15 :24:56 07/08/2009 GTA - -Truck /Bus 09 -25792 TVTB RER 13:49:56 07/02/2009 TC- Nan- Injury 09 -24865 TCNI RER 13:25:25 07/02/2009 487 - REPORT 09 -24862 TPMV RER 10:19 :31 07/02/2009 Storage 09 -24848 IMPV RER 10:00:15 07/02/2009 Storage 09 -24843 IMPV RER 08:29:59 07/02/2009 Storage 09 -24825 IMPV RER 07 :10:37 07/02/2009 Storage 09 -24813 IMPV RER 06:55:22 07/02/2009 Storage 09 -24809 IMPV RER 16:28:58 06/25/2009 Fraud Report 09 -23905 FRA2 RER 02:19:01 06/13/2009 Traffic Stop 09 -22106 TOF2 RER 14:53:33 06/01/2009 487 - REPORT 09 -20537 TPMV RER 16:28:51 05/26/2009 GTA - Automobile 09 -19752 TVAU RER :13:14 05/03/2009 GTA - Automobile 09 -16685 TVAU RER :44:22 05/03/2009 Storage 09 -16629 IMPV RER 22:23:15 04/03/2009 Drug Possession 09 -12613 CP02 RER 12:21:40 03/26/2009 TC- H &R Misd 09 -11369 TCM2 RER 09:49:13 03/23/2009 484- REPORT 09-10993 TPSH RER 15:43:26 03/09/2009 459 -- ATTEMPT COM 09 -08891 BNUE RER 17:47:03 02/26/2009 Fraud Report 09 -07366 FRA2 RER 16:56:23 02/14/2009 TC- H &R Misd 09 -05659 TCM2 RER 04:18:58 02/14/2009 Incident Report 09 -05570 NC RER 07:57:52 02/07/2009 Storage 09 -04716 IMPV RER 17:27:22 02/04/2009 TC- H &R Misd 09 -04411 TCM2 RER 12:11:21 01/25/2009 459- REPORT COMM 09 -03021 BNUE RER 18:29:09 01/07/2009 484 - REPORT 09 -00876 TPSH RER 11:32:27 01/04/2009 484 -- REPORT 09 -00540 TPMV RER 18:54:21 12/28/2008 459 - REPORT COMM 08 -45537 BNUE RER 14:54:19 11/30/2008 4B4-- REPORT 08 -42214 TPSH RER 14:04:53 11/26/2008 484 - REPORT ACCE 08 -41697 FCC2 RER 18:18:47 11/19/2008 484 -In Custody 08 -40836 TPSH RER 21:08:09 11/17/2008 5150 VIOLENT 08 -40590 MENT RER 19:02:02 11/17/2008 459- -REPORT COMM 08- -40576 BNUE RER 17:04:19 11/16/2008 487 - REPORT 08 -40427 TPSH RER 12 :11:56 11/10/2008 459 - REPORT COMM 08 -39699 BNUE RER codelClearance Code When reported I Incident nature Incident number Offense code Clearance Code x:18:08 07/25/2009 TC- Nora- Injury 09 -28066 TCNI RER :33:31 05/].4/2009 5150 'VIOLENT 09-18177 ENT RER _ 4(n 1J �t3 - Dun Y, %3 I Sz, 6PTL f'lln3 - --1 i When reported I Incident natuzellncident number Offense codelClearance Code 5 :43:32 09/05/2009 pEFRAUDING INKS 09 -34091 TPBD RER 1:14:41 05/31/2009 GTA -Truck /Bus 09 -20463 TVTB RER 02 :00:09 11/16/2008 I]EFRAUDING INKS 08- 40351. TPOT RER �M BALDWIN P•A•.R -K FYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment - _ Development Plan _ CDC Conceptual Approval APPLICATION INFORMATION Name of Applicant(s) 3AL-.D W Address 2379 Phone No. (3I0) �474- 9L/1-H Owner(s) of Record &AL-Dwit.3 Owner's Address 2 3`79 W� PROPERTY INFORMATION Location U P>AI uvlN 1-� Assessor Parcel Number(s) Tract and Lot Number(s) Existing General Plan Designation_ Existing Zoning for each Parcel Existing Land Use Code Section to be Amended Purpose of request CERTIFICATION STATEMENT: CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813 -5261 Redevelopment Overlay Zone Variance X Conditional Use Permit Administrative Adjustment _ Specific Plan Other PARK �A , ! lrCi o �l > 14� Capacity Lt-C- c/o �1�S P{-1 fZ1 d1'St4 f-og AN �, F i.t�5, CA- qoL-C, L K `CC Whit C-M iTt7�, C'a4�DW1ni PAP-K,CA`iit7G �`'m 11we acknowledge the filing of this application and certify that all the above information is true and accurate and that Uwe 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 have nAtarized the attached Owner's Affidavit from the legal owner.) Signature Signature j FOR CITY USE ONLY: File Fe:e:14— __ Date Date F r Received b� Dat� Baldwin Park .Plaza, LLC June 16, 2009 Justification Statement CUP Section 153.642 1. For the proposed drive tlu-u use, the existing lane is wide enough to provide for a drive thru. Furthermore, the drive thru is deep enough to accommodate up to 7 car stacking. 2. This is an existing site in a Horne Depot Shopping Center that has numerous ingress and egress points throughout the center to accornmodate traffic. 3. The proposed use will not have an adverse impact upon any other properties because the drive thru is directly adjacent to Puente Ave. and wraps around the back of our building. 4. The drive thru will be used in a conjunction with a nationally recognized restaurant chain. JUN 16 20o ATTACHMENT #8 VRAFT RESOLUTION OF APPROVAL PC 09-07 RESOLUTION PC 09 -07 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 VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP -769) THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) That an application ( "Application ") for a conditional use permit was submitted on behalf of the owner of certain real property, located at 14510 Baldwin Park Towne Center Drive, Unit A -1, in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) That the application sought a conditional use permit to allow a vehicular drive -thru in conjunction with a fast food restaurant within the C- 2, General Commercial pursuant to Section 153.167(F) of the City's Municipal Code; and (c) That a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the requirements of the Baldwin Park Municipal Code have been met for the granting of such Application and that the conditional use permit should be granted, subject to the terms of this Resolution; and (d) Each fact set forth in the staff report dated January 13, 2010, from Amy L. Harbin, City Planner to the Chair and Planning Commissioners ( "Staff Report ") is true and correct. SECTION 2. That the Planning Commission does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) The subject site is adequate in size and shape to accommodate the proposed fast food restaurant as the specific site where Resolution PC 09 -07 January 13, 2010 Page 2 the restaurant is located contains approximately 48,787 s.f. and is part of a larger retail /commercial shopping center which contains approximately 15.2 acres. The existing building on the specific site contains approximately 23,340 s.f. and the specific unit about 2,300 s.f of floor area. There is reciprocal ingress and egress for the proposed fast food restaurant utilizing the proposed drive through (in addition to street access), in conjunction with the entire shopping center site; and (b) The site has sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use as the site is located within a shopping center which has frontage along Garvey Avenues and Puente Avenue. Merced Avenue and Puente Avenue are designated as collector streets in the City's Circulation Element of the General Plan; and (c) Provided the proposed drive -thru is developed /constructed and operated in accordance with the conditions of approval, it will not have an adverse impact upon uses adjacent to the subject property as the adjacent properties are developed with retail /commercial uses. Conditions of approval have been included which address the City's waste hauler's concerns and the City's Public Works /Engineering concerns including pedestrian safety, trash and refuse, relocation of existing utility boxes, traffic circulation and rehabilitation of the existing curb and gutter. Furthermore, the Applicant has agreed to seek approval from the LA County Fire Department and accept any and all future conditions of approval that LA County Fire Department may require herewith. The drive -thru exits into a parking lot which has ingressiegress access to Puente Avenue or Garvey /Merced Avenues. (d) The proposed use is in conformance with the General Plan of the City of Baldwin Park and is in accordance with Goal 5.0 and Policy 5.1 of the Economic Development Element of the General Plan which discusses promoting development along the 1 -10 corridor and encourages the development of high volume retail commercial centers. SECTION 3. That the Application, as herein above described be, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit 'A," as revised in accordance with these conditions herein or any other conditions which may become applicable and which shall thereafter be approved by the Planning Division. A revised Exhibit "A" shall be submitted within thirty (30) days incorporating the revised design of the drive approach and roadway adjacent to the existing commercial /retail building pursuant to the conditions of approval; and Resolution PC 09 -07 January 13, 2010 Page 3 (b) That the Applicant shall revise the roadway geometry, pursuant to the 2004 Ed. of A policy on Geometric Design of Highways and Streets, by the American Association of State Highway and Transportation Officials. As a result the new geometric realignment will result in shifting the site entry to the north approximately twelve (12) to fifteen (15) feet. i) Revise outside wheel -path radius at entry. Minimum radius is 25.5' far outside wheel -path line; and ii) Revise roadway curb radius on the approach side of the Puente site ingress to a range from 12' -15'. iii) Revise roadway centerline radius on the curve before the reverse curve as vehicles egress site (westbound). Use a radius of 100 feet or as otherwise approved by the Public Works Department to improve driving comfort on the reverse curves; and (c) Relocate all utilities in conflict with the new roadway alignment. Utility boxes shall not be located within the thru roadway and/or drive approach areas unless they include roadway rated covers and boxes; and (d) Pursuant to the revised geometry for the new roadway alignment, identify only parking stalls that will meet the current parking stall minimum dimensions and be available for use post - construction. Any deleted and/or relocated parking stalls shall be subject to review and approval by the City Planner; and (e) Existing parking light standard identified as Protect In Place (P.I.P) on the Exhibit "A ", dated January 13, 2010 shall be relocated on -site pursuant to approval by both the Planning Division and Public Works Department; and (f) Relocate on -site, to a location subject to approval by the Planning Division, the three (3) palm trees interfering with the new roadway alignment. Should the relocated palm trees not survive and die within six (6) months of the relocation, three (3) 48" box palm trees of the same species shall be planted in the respective location within thirty (30) days of the dead tree removal. Dead trees shall be removed within thirty (30) days. (g) Alternatively, the trees may be removed and three (3) 48" box palm trees of the same species shall be planted in the respective location that does not interfere with the new roadway alignment; and Resolution PC 09 -07 January 13, 2010 Page 4 (h) Modify curbing for the raised landscaped medians to accommodate required geometry resulting in the new roadway alignment; and (i) Re- stripe and/or re -paint pavement markings to accommodate the revised parking lot layout, including the new roadway alignment and the new parking stall configuration. Any work performed in the public right -of -way shall meet the standards set per the Manual on Uniform Traffic Control Devices (MUTCD); and (j) Provide City Engineer approved truncated domes at wheelchair access locations adjacent to the entrance /exit driveway on Puente Avenue and on Garvey Avenue, including the locations on the extensions of these pedestrian paths, as applicable, that are proposed on- site; and (k) install a "One Way" sign on the Puente Avenue center median facing vehicles which will be egressing the site in the westbound direction to inform drivers that they may only make a right turn onto Puente Avenue; and (1) Three "No Parking" signs shall be installed throughout the proposed drive thru area in locations subject to review and approval of the Public Works Department; and (m) That the use shall be operated and the subject property shall be maintained in a neat and orderly manner, and the site shall be kept free of litter and that all graffiti throughout the property shall be removed within twenty -four (24) hours at the expense of the applicant and /or property owner; and (n) All proposed signage relating to the proposed fast food restaurant shall be in accordance with the shopping center's adopted sign program for the Baldwin Park Towne Center. Prior to installation, all proposed signage, including menu boards and ancillary (exit/enter, thank you etc. signs) signs, in accordance with the adopted sign program, will require separate applications, fees, review and approvals by the Planning Division; and (o) Replace damaged and cracked asphalt within the area proposed for the drive -thru, subject to the satisfaction of the City's Public Works /Engineering Department; and (p) Provide a protected pedestrian crossing that is striped at the drive -thru exit and provide "stop" and "do not enter" signs at the exit of the proposed drive -thru. These and any proposed accessory signs shall be Resolution PC 09 -07 January 13, 2010 Page 5 included as part of the overall sign program for the proposed fast food restaurant; and (q) Replace damaged and broken curb and gutter and curb at the entry point of the southernmost drive approach facing Puente Avenue and within the entrance to the proposed drive -thru; and (r) incorporate the _existing roof drains with new improvements along the proposed drive -thru. Proposed design shall not allow for any ponding of water adjacent to the existing building or within the drive -thru area. Any modifications shall be subject to review and approval of the Public Works /Engineering Department; and (s) Submit a design that incorporates a pedestrian barrier or separation, such as bollards or other acceptable measure as approved by the Public Works Department, that provides for safe employee access at the rear doors of the building adjacent to the proposed drive -thru. Vehicle drive -thru area shall be at least eleven (11) feet wide and provide for a pedestrian walk area; and (t) The Applicant shall provide written verification /approval from the Los Angeles County Fire Department to utilize the area proposed as a vehicular drive -thru prior to receiving approval, or any applicable permits, from the City's Planning, Building and Engineering Divisions to utilize the area as such; and (u) The Applicant acknowledges that the City may impose additional conditions to address the Los Angeles County Fire Department concerns. In the event that the Fire Department's conditions of approval are not agreeable to the City or result in substantial changes to the drive - thru as proposed, the City has the right to require this proposal be returned to the Planning Commission for its consideration to be approved, conditionally approved or denied. In addition, the Applicant acknowledges that in the event the Los Angeles County Fire Department does not or will not approve the drive -thru as proposed then this Conditional Use Permit small become null and void; and (v) The Applicant understands that no construction or development shall be permitted without written approval from the Los Angeles County Fire Department and submittal of the same to the City of Baldwin Park Planning Division; and (w) In the event that the Applicants opts not to construct and design a new refuse collection area in accordance with Condition 24 below, the Applicant shall submit to the Department of Public Work's satisfaction, a letter from Waste Management acknowledging acceptance of the revised Resolution PC 09 -07 January 13, 2010 Paae 6 of the revised site plan showing the proposed improvements to the new drive -thru area and explicitly agreeing and acknowledging that Waste Management will be sharing the drive --thru and utilizing the drive -thru to pick up refuse at the existing refuse collection area within the proposed drive -thru area. The Applicant acknowledges that the drive -thru area shall be closed during refuse pick -up times; and - (x) A refuse pick -up schedule shall be submitted to the Planning Division for the refuse area built -into the existing building if it is utilized as such in the future. The schedule shall identify when the drive -thru will be closed for refuse pick -up. The existing tenants shall be notified of the modified refuse pick -up schedule. The schedule shall be incorporated as part of this conditional use permit; and (y) If the Applicant chooses or not to meet conditions #22 and #23 above, plans shall be submitted for the construction of a new refuse enclosure on site. Location shall be subject to review and approval by the City's Planning and Building Divisions. In addition the existing refuse collection area shall be locked and sealed; and (z) Future tenant leases shall include language indicating that loading and unloading times for the businesses located within the existing building shall be between the hours of 9:00pm and 8:00am daily, from the front parking lot only, exclusive of the rear service alleyldrive -thru; and (aa) The Applicant shall submit to the Department of Public Work's satisfaction a written acknowledgement containing signatures of all current building tenants acknowledging receipt of the revised site plan showing the proposed improvements to the new drive -thru area along with a copy of the approved refuse pick -up schedule; and (bb) That any proposed menu board shall not be located within sixty (60) feet of the entrance to the proposed drive -thru; and (cc) Any lighting shall be shielded and pointed downward so as not to spill onto adjacent properties or the public right -of -way; and (dd) That the Applicant shall provide a roof top address which meets the following specifications: i) Numbers and letters shall be three to four feet in height and one foot in width; and ii) Numbers and letters shall be spaced at least twelve inches apart; and Resolution PC 09 -07 January 13, 2010 Paae 7 iii) Paint numbers and/or letters so that they are parallel to Puente Avenue; and iv) Use a non - reflective color that contrasts with the color of the roof; and v) Neon colored paint is not permitted; and vi) Do not illuminate the rooftop address as it creates glare for the helicopter crew. ee) That the Applicant shall defend, indemnify, and hold harmless the City of Baldwin Park, its agents, officers or employees from any claims, damages, action, or preceding against the City or its agents, officers, or employees to attack, set aside, void, annul any approval of the City, its advisory agencies, appeal boards, or legislative body. The City will promptly notify the Applicant of any such claim, action or proceeding against the City and will cooperate fully in the defense; and ff) That the applicant shall comply with all conditions of approval within twelve (12) months after the date of the approval of CP -769. Any violations of these conditions are grounds for immediate revocation of CP- 769 pending a duly noticed public hearing by the Planning Commission or City Council on appeal. Any costs associated with the revocation of this conditional use permit shall be paid by the applicant and/or owner; and gg) The applicant shall sign a notarized affidavit within twenty (20) days after the date of the Resolution, stating that the applicant has read, understands, and accepts all of the Conditions of Approval. SECTION 4. That the Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED this 13th day of January 2010. JAMES R. DEXTER II, CHAIR BALDWIN PARK PLANNING COMMISSION Resolution PC 09 -07 January 13, 2010 Paqe 8 M-1-M711 MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) I, Mayra Vargas, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 09 -07 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 13tH day of January 2010 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING COMMISSION f. kim MINUTES, JANUARY 13, 2010 MINUTES CITY OF BALDWIN PARK ;w; WEDNESDAY, ,JANUARY 13, 2010 Planning Commission ° rti� 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue h Baldwin Park James R. Dexter Ii, Chair, Angela Alvarado, Vice Chair, Irma Martinez Commissioner The Planning Commission of the City of Baldwin Park met in Regular Session at the above time and place. CALL TO ORDER s �h ROLL CALL A Present: Chai mes R. Dexter II, Vice Chair Angela Alvarado, Commissioner Irma Martinez Absent: None. Also Present: Amy Harbin City Planner, Mayra Vargas Planning Commission Secretary, Jeff M. Malawy Assistant City Attorney. PUBLIC COMMUNICATIONS Chair Dexter declared Public Communications OPEN. There being no interest, Chair Dexter CLOSED Public Communications. CONSENT CALENDAR 1) Minutes from October 14, 2009 2) Minutes from November 16, 2009 F Motion: Approve CONSENT CA E Moved by Vice Chair Angela Alvara ,n ed by Commissioner Irma Martinez. All in favor. SET MATTERS - PUBLIC HEARING 3) CONTINUED FROM AUGUST 25, 2009. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A VEHICULAR DRIVE -THRU IN CONJUNCTION WITH AN EXISTING BUILDING FOR A FAST FOOD RESTAURANT, PURSUANT TO SECTION 153.167(F) OF THE CITY'S MUNICIPAL CODE ( LOCATION: 14610 BALDWIN PARK TOWNE CENTER, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC ; CASE NO.: CP -769). " Chair Dexter called for staff report to Commission. City Planner Harbin presented the staff report to the Commission. Chair Dexter called for questions of staff. Commissioner Martinez asked if there was a recommendation from staff. City Planner Harbin replied that staff presented options in staff report, but that the Commission still had the option to approve, deny, continue or ajaprove the item with amended conditions. There being no further questions, Chair public hearing OPEN. Applicant Rodney Rivani, repress. B jt%,' Park Plaza, provided the Commissioners with a packet for his presentation. Applicant Rivani stated that a aco Corporate store was being proposed and that their priority was to have a safe restaurant drive thru and improve the City of Baldwin Park. Applicant requested that page 9 of the staff report Section 13, 2nd paragraph of conditions be removed and furthermore, on page 10 Section 18, he requested the updated verbiage be modified to include old verbiage. Commissioner Martinez asked if the walkway was more for the safety and use of the workers of the other businesses. Applicant replied that the walkway would be used primarily for employees to empty trash into the trash area. Applicant stated that the trash containers would with locks that only Waste Management and the that the old verbiage be kept. Applicant requested that on Section 23 there be when vendors deliver products. He also Enforcement time frames and require' for flexibility. '} be flush with the building and closed at all times property owners would have. He requested <i6 tty in the times of tenant's control of moval of Section 31 and use Code tion 32, applicant would like to modify Chair Dexter stated that there were a lot of discrepancies. Chair asked if applicant has communicated with other tenants regarding the trash procedures and deliveries within the complex. Applicant replied that he has communicated issues with the other tenants. Commissioner Martinez asked why applicant wanted to remove item #24. City Planner Harbin replied that applicant would have evidence of such action if he used certified mail to send information to the tenants. Applicant agreed to remove his request to remove item #24. Chair Dexter asked if applicant had a signed contract with Del Taco. Applicant Rivani replied that it was not signed, but it was close to being signed. Chair Dexter asked if there could be a represe e from Del Taco and pictures of other Dell taco restaurants with similar drive -thru. Vice Chair Alvarado asked th s 'Management would pick up trash? Applicant Rivani replied that th `ould have a 2 hour window between 8am and 10am as the time that Waste Management would be proposing. Commissioner Martinez asked if Waste Management trucks would fit through the drive thru. Applicant Rivani replied that it would be possible for the trucks of Waste Management to fit through the service alley. Patrick Ortiz, Broker of NBI Capital Commercial, spoke on behalf of applicant and was available for questions. Javier Alonzo and Hector Rios of Tortas Sinaloa spoke against the project and had concerns about the times that trash trucks would be blocking business. Magda Torellas, 14522 Clark Street, spoke against the proje . Her concerns included trash being left behind in the parking lot, putting in video,,. eras for safety and security, and that there were too many taco stands in the City. She w nt It er food in the City. Joseph Rivani manager of Baldwin Park Pla half of and for the proposed Del Taco. Stated that since they took over i , }h have been substantial improvements and wants to continue improving the property Patrick Ortiz spoke on behalf of proposed project and stated that Del Taco is exploring the possibilities of creating a trash enclosure in the front. Chair Dexter asked if Del Taco was going to be a 24 hour operation. Applicant Rivani replied that they would be requesting a 24 hour operation. Chair Dexter stated that he would like to hear the opinion of other tenants and accommodate all parties. Joseph Rivani felt that they would like to have a meeting with the tenants of the surrounding businesses. Patrick Ortiz asked if the tenants were notified about the meeting. City Planner Harbin replied yes. Patrick Ortiz stated that Del Taco does have a low calorie menu. There being no further comments, Chair Dexter d Public Hearing CLOSED. Chair Dexter called for Commissi m 5� - Vice -Chair Alvarado stated that e �ri Je thru was not a good idea. Commissioner Martinez asked what was there before. Chair Dexter replied that there was a Quiznos. Chair Dexter proposed to continue item to February to resolve conditions between staff and applicant and at that time make their final decision. Attorney Malawy clarified the choices the Commission had for their decision. Community Development Manager Castagnola spoke regarding the signage and the Code Enforcement rules. Community Development Manager Castagnola stated that the drive thru needs to be more inviting. Chair Dexter commented about trash enclosure si uation stating that there isn't any place to put an outside trash enclosure. Community Development Manager a n a cla ified the use of extra car spaces which will be used for customers waiting for th r f.? o' Chair Dexter asked the capa-ty: <'f he restaurant. Applicant answered that they would have 25 seats. Chair Dexter asked for any additional comments from Commission. There being no further comments, Chair Dexter called for a motion to continue item to February 24th. Motion: Approve to continue item to February 24, 2010 Moved by Chair James R. Dexter II, seconded by Commissioner Irma Martinez. All in favor. REPORT OF OFFICERS None. COMMISSION 1 STAFF COMMUNICATI y . 4) Update on the Proposed M r' I `.t _ F ery Facility in Irwindale City Planner Harbin stated that tf$ e were no new updates on the MRF in Irwindale. 5) City Council consideration of Planning Commissioners City Planner Harbin stated that there were 7 new applicants and 4 prior applicants that had submitted applications for the two vacant Planning Commission positions. Chair Dexter commented on the Planners Institute and wanted to know when it would take place. City Planner Harbin replied that the Institute was on March 24 -26, 2010 in Monterey, California. ADJOURNMENT Chair Dexter called for a motion to approve adjournment at 8:30 pm. Motion: Approve Moved by Chair James R. Dexter II, seconded by Vice Chair Angela Alvarado. All in Favor. Approved as presented by l ` ' ommission at their meeting held February 24, 2010. James R. Dexter II, Chair City of Baldwin Park Planning Division ATTEST: Mayra Vargas, Secretary City of Baldwin Park Planning Division 1 A r r�-- Baldwin Park Plaza, LLC 2378 Westwood Boulevard Los Angeles, CA 90064 If Mi' P 310.474. 844 I T 310.470.0421 March 10, 2009 City of Baldwin Park 14403 E. Pacific Ave Baldwin Park, CA 91706 Re: Appeal to City Council for Conditional Use Permit #769 Dear Ms. Harbin, Please take this as formal notice that Baldwin Park Plaza is hereby filing an appeal to City Council in regards to the decision made by the planning commission for Condition Use Permit #769. Should you have any questions, please feel free to contact me. Thank You, Rodney Rivani Baldwin Park Plaza, LLC -71 Zoic MEFC lC: r .i�t'f.CFTI- f7:.F.3.T'c,7.Iff'. March 30, 2010 Honorable City Council of Baldwin Park: This letter is being written on behalf of the Baldwin Park Resident Advisory Council ( BPRAC) in opposition to the appeal submitted by Del Taco in response to the recent denial of their proposal for the development of Del Taco at the Towne Center Shopping Center in Baldwin Park. We are a group of residents in Baldwin Park that meet monthly in collaboration with the Healthy Eating Active Communities Initiative to change policies and practices in schools, neighborhoods, and healthcare setting to improve opportunities for healthy eating and physical activity. We are opposed to the Del Taco project proposal because we are committed to ensuring that our children in Baldwin Park live in a community that supports a healthy lifestyle. Our BPRAC leadership team testified against the project proposal during public comments at the last Planning Commission meeting on February 246 after learning at our last BPRAC meeting that Del Taco is applying for a business permit in Baldwin Park. All members of BPRAC are pledging our opposition of such a development and have decided to take action to oppose the appeal and development throuah this Ietter and our participation at the next Citv Council Meetina on Wednesdav, April 7, 2010. Our reasons for opposition include the effect the business will have on the health of the citizens of Baldwin Park. A study conducted by the California Center for Public Health Advocacy, entitled, "Searching for Healthy Food" found that in 2005, that in California as a whole there were more than four times as many fast -food restaurants and convenience stores as supermarkets and produce vendors, yielding a statewide Retail Food Environment Index of 4.18. In Los Angeles County (including Baldwin Park), that rate is 4.60 and accounts for 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, The City of Baldwin Park has every type of fast food chain within its borders and does not need another fast food chain. We are also concerned with the pollution from delivery trucks, the blocking of driveway of the shopping center and excessive trash that will result from the drive through. We believe that such traffic will impede the safety of our children walking in the area. We are confident that the City Council of Baldwin Park will make determinations on approving projects based on the environmental and health effects on the community. In this case, there is no community need for another fast food establishment and there is no community support for this project as it will harm the health and safety of our residents if approved. Given the enormous personal, social, and economic costs of the obesity and diabetes epidemics, we call on the City Council of Baldwin Park to take steps to ensure that Baldwin Park has a healthy food environment. We appreciate your time and consideration regarding this matter. Sincerely, Maria Gonzalez Baldwin Park Resident Advisory Council Leader HEAC Initiative Magda Torrelas Baldwin Park Resident Advisory Council Member HEAC Initiative Christina Cardenas Advocate Coordinator Healthy Eating Active Communities 626.962.5900 `1 n n .,'s , lll� t. BALDWIN P -A - R, K TYPE OF APPLICATION _ General Plan Amendment Zone Change Code Amendment _ Development Plan T CDC Conceptual Approval APPLICATI INFORMATION Name of Applicant(s) Address 2!378 vk�5 Phone No.. y--P4- Owner(s) of Record_ Owner's Address 2 3 CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813 -5261 Redevelopment Overlay Zone Variance X Conditional Use Permit _ Administrative Adjustment _ Specific Plan Other 8A u.D W 11.1 PAFZk "-ZA , t4_& W`Iz+ Capacity DWU&Sr-v10C7 o S ,AN PROPERTY INFORMATION Location 14 al 0 MI-E2w Assessor Parcel Numbers) A' Tract and Lot Number(s) Existing General Plan Designa Existing Zoning for each Parce Existing Land Use Code Section to be Amended Purpose of request tJ P ,R K 71�_-> Wi lms CERTIFICATION STATEMENT: O-CJ4 • o Jd,(� RIP�11 rlS C-A- IRLt�LJ lagc.�ultJ Pakk.,GA�'s� 1 /we acknowledge the filing of this application and certify that all the above information is true and accurate and that I /we have fam'lliarized myseiflourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have nAtarized the attached Owner's Affidavit from the legal owner.) Signature Date i Signature Date r ._- ------ ------------ . -------- __. ---- _.---------- FOR CITY USE ONLY: File !, ' Lt -'r') Fee: Received b� Dat� I J. 0 2000 Balggdwin Park Plaza, LLC Lm, Anne es, CA 9000`4 ). It. 41,E.'4. 84 4 i IF )1014 7 0,04.1 June 16, 2009 Justification Statement CUP Section 153.642 1. For the proposed drive thru use, the existing lane is wide enough to provide for a drive thru. Furthermore, the drive thru is deep enough to accommodate up to 7 car stacIdng. 2. This is an existing site in a Home Depot Shopping Center that has numerous ingress and egress points throughout the center to accommodate traffic. 3. The proposed use will not have an adverse impact upon any other properties because the drive thru is directly adjacent to Puente Ave. and wraps around the back of our building. 4. The drive thin will be used in a conjunction with a nationally recognized restaurant chain. JINN 16 2009 RESOLUTION 2010 -011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT FOR THE CONVERSION OF A SERVICE ALLEY TO A 24 -HOUR, VEHICULAR DRIVE -THRU IN CONJUNCTION WITH A FAST FOOD RESTAURANT (LOCATION: 14510 BALDWIN PARK TOWNE CENTER DRIVE, UNIT A -1; APPLICANT: JOSEPH RIVANI, REPRESENTING BALDWIN PARK PLAZA, LLC; CASE NO.: CP -769) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) That an application ( "Application ") for a conditional use permit was submitted on behalf of the owner of certain real property, located at 14510 Baldwin Park Towne Center Drive, Unit A -1, in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) That the Application sought a conditional use permit to allow the conversion of an existing service alley to a 24 -hour vehicular drive -thru in conjunction with a fast food restaurant within the C -2, General Commercial pursuant to Section 153.167(F) of the City's Municipal Code; and (c) That a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the requirements of the Baldwin Park Municipal Code have not been met for the granting of such Application and that the conditional use permit should be denied; and (d) That on Monday, March 15, 2010, Rodney Rivani submitted a timely written appeal of the Planning Commission's decision to the City Council; and (e) That a duly noticed public hearing was held on said Application by the City. Council, and based upon evidence presented including applicable staff reports and each member of the City Council Resolution 2010 -011 April 7, 2010 Page 2 being familiar with the property, it was determined that the requirements of the Baldwin Park Municipal Code have not been met for the granting of such Application and that the conditional use permit should be denied; and (f) That each fact set forth in the staff report dated April 7, 2010, from Marc Castagnola, AICP, Community Development Manager to the Mayor and Councilmembers ( "Staff Report ") is true and correct. SECTION 2. That the City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) The subject site is not adequate in size and shape to accommodate the proposed drive -thru in conjunction with a fast food restaurant. Although the specific site where the restaurant is located contains approximately 48,787 s.f. and is part of a larger retail /commercial shopping center which contains approximately 15.2 acres, access to the proposed drive -thru from the southern most drive approach on Puente Avenue is deficient and does not meet the minimum requirements for a turning radius as required by the Public Works Department. Furthermore, by not relocating the refuse enclosure to an area outside the proposed drive -thru area, there may be conflicts between employees, passenger vehicles, and refuse vehicles; and (b) The site does not have sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. Although the proposed site has access to both Garvey Avenue and Puente Avenue, the Applicant has indicated that it is necessary to have access to the proposed drive - thru from the southernmost drive approach on Puente Avenue. However, the plans that have been submitted do not adequately show if the proposed reconfiguration of the southernmost drive - approach meets the minimum 25.5' turning radius (51 foot diameter) as per the Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials, 2004 ed. from Puente Avenue; and (c) The conversion of the existing service alley to a vehicular drive -thru as proposed will have an adverse impact upon uses adjacent to the subject property. (1) It does not appear that the minimum vehicular turning radius has been provided into the proposed drive -thru from Puente Avenue that meets the minimum standards by the City's Public Works Department. As a result, there may be conflicts between vehicles, pedestrians, Resolution 2010 -011 April 7, 2010 Paae 3 and trucks ingressing or egressing the shopping center; and (2) The continued use of the refuse area within the proposed 24 -hour drive -thru may result in a variety of conflicts between employees, passenger vehicles, and refuse trucks; and (d) The proposed use is in conformance with the General Plan of the City of Baldwin Park. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Planning Secretary and the Applicant. PASSED AND APPROVED this 7`" day of April 2010. MANUEL LOZANO, MAYOR ATTEST: LAURA M. NIETO, CMC, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) I, LAURA NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on April 7, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Resolution 2010 -011 April 7, 2010 Page 4 LAURA NIETO, CMC DEPUTY CITY CLERK /AWALIIX1,1 BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING April 7, 2010 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o cualquiera Commission or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiction, wish to address the Commission or any of its Si listed desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the perfodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permito hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. ) MffitfPN I)I It) lir; rc ?laIiixr to yin go(hi iien) fc.3r r"n ci�3t�;z7 =<':;sk,�� o �z 1(7C;;tk71 Jc) of it 3f". C ,_,rwI L�� refol »i3er�l C�r3trrr3�fs5fr3rt ff��3t i�> �fisfri #3ntr�fz its #hc� '��nrr�3t�tir #y Vevo 1pfni''o� C�c3n) ", rission i{ " `hoil /'� h oi."r prior if) that Int "oiiny will bo avoilabee; for pah1k,' rn �i��:,�:aic��a ;ji City f #�lali in fi�3r City C;hrk'-, oliico c,,f '14410")' t` Pacific, Av("'1311o.:3rd Vfoor during llormal bwsiness hour's (Mood'.'�y 3t�zrr�� >�.ir�y, 7 :30 ,� 'm. - 6.00 p o") CALL TO ORDER ROLL CALL COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING -- 7:00 PM Members: Marlon Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco 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 DIRIGIRSEAL COMISION No se podra tomar accion en algun asunto a menos que sea incluldo 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 on 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 special and regular meetings of March 17, 2010. 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. April 1, 2010. y4wa- �� I Wo Laura M. Nieto, CMC Deputy City Clerk Community Development Commission Agenda — April 7, 2010 Page 2 COMMPNITY nPVELOPMENT COMMISSION r,oc,4,jii APR — 7 ITEM NO.� COMMUNITY DEVELOPMENT COMMISSION CITY OF DALDWIN PARK April 7, 2010 WARRANT REGISTER NO. 713 REPORT: CHECKREG GENERATED; 15 APR 09 11:44 RUN: MONDAY MAR292010 11:43 PAGE 3 CITY OF BALDWIN PARK CHECK REGISTER - CHECK RANGE: 13183 - 13185 CHECK BANK CHECK $ CHECK AMT CHECK DATE VENDOR It ADDRS If VENDOR NAME STATUS WO 1k Al"OUNT G/L ACCT DESCRIPTION INVOICE it INV VEND 2 13183 $150.00 03/10/10 00617 C MARIPOSA LANDSCAPES INC. 150.00 890 -00- 000 - 51101 - 14900 -2 FEB SERV 47391 2 13164 $7500:00 03/25/10 04186 . 0 SAN GABRIEL VALLEY ECONOMIC 7500.00 804 -40- 470 - 51100 - 14450 -2 RENEW MEMBERSHIP - LEADERSHIP 2165 2 13165 $4.83 03/25/10 00779 1 SO. CALIF. EDISON 4.63 890 -00- 000 - 53370 - -14900 -2 SRV -4500 BRESEE 2/10- 3/12/10 TOTAL 9 OLD ISSUED CHECKS: 3 TOTAL AMOUNT: 7654.83 TOTAL #E OF VOIDER /REISSUED CHECKS: 0 TOTAL AMOUNT; 0.04 TOTAI, # OF ACH CHECKS: 0 TOTAL AMOUNT; 0.00 TOTAL If OF UNISSUED CHECKS; 0 COMMItNITY DFVELOPMENT COMMISSION klu' el NJA MINUTES APR Arm CITY OF BALDWIN PARK �A61L -o A - WEDNESDAY, MAC ,7L CITY COUNCIL & COMMUNITY 0 4 2010 DEVELOPMENT COMMISSION A 6:00 p.m. COUNCIL CHAMBER *fro i 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tern 1 Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers 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 SESSION at the above time and place. CALL TO ORDER Mayor I Chair Lozano called the meeting to order at 6:12 p.m. ROLL CALL Present: Council member / Member Rubio, Mayor Pro Tern / Vice Chair Pacheco, Mayor/ Chair Lozano. Absent: Council member/ Member Marlen Garcia, Council member/ Member Monica Garcia. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 A) Properties: 8437- 004 -059 4212 Maine Avenue Henry H. and Kao Chang LLC 8437 - 004 -060 14417 Ramona Boulevard J and J Warehouse Company, 8437 - 004 -061 14433 Ramona Boulevard 14433 Baldwin Park, LLC 8437 -004 -062 14433 Ramona Boulevard 14433 Baldwin Park, LLC 8437 - 004 -063 Not Available J and J Warehouse Company, LLC Page 1 of 3 LLC LLC LLC LLC 8437 - 004 -064 14467 Ramona Boulevard J and J Warehouse Company, 8437 - 004 -065 14519 Ramona Boulevard J and J Warehouse Company, 8437- 004 -066 14483 Ramona Boulevard J and J Warehouse Company, 8437 - 004 -067 14455 Ramona Boulevard J and J Warehouse Company, 8437 - 004 -068 14401 Ramona Boulevard Bank of America 8437 - 004 -069 4124 Maine Avenue J and J Warehouse Company, LLC 8437 - 004070 4124 Maine Avenue Roxbury Properties 8437 - 004 -959 14521 Ramona Boulevard Valley County Water District 8554- 001 -011 14412 Ramona Boulevard Tacos Mexico, Inc. 8554 -001 -012 14408 Ramona Boulevard Ramon and Francisca Arias 8554 -001 -900 14403 Pacific Avenue City of Baldwin Park 8554 -001 -901 14426 Ramona Boulevard City of Baldwin Park 8554 -001 -904 Not Available City of Baldwin Park 8554- 001 -907 Not Available City of Baldwin Park 8554 -001 -910 4024 Maine Avenue City of Baldwin Park Commission Negotiators: Vijay Singhal, Joseph W. Pannone Negotiating Parties: Above -named property owners and The Olson Company Under Negotiation: Price & terms of payment B) Property: 8413- 021 -005 4853 Azusa Canyon Road Commission Negotiators: Vijay Singhal, Joseph W. Pannone Negotiating Parties: Maria Nunez, Atlantic Pacific Real Estate Under Negotiation: Price & terms of payment RECONVENE IN OPEN SESSION Page 2 of 3 Reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:05 p.m. Approved as presented by the Council 1 Commission at their meeting held April 7, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 3 of 3 MINUTES CITY OF BALDWIN PARK o LD" WEDNESDAY, MARCH 17, COMMUNITY DEVELOPMENT �, 2010 COMMISSION UX 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem/Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members 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 Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, 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 Treasurer Contreras, Deputy City Clerk Nieto. City Clerk Avila was excused PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR 1. WARRANTS AND DEMANDS Commission received and filed. Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 2. MINUTES Commission approved the minutes of the special and regular meetings of March 3, 2010. Motion: Approve CONSENT CALENDAR Page 1 of 2 Moved by Chair Lozano, seconded by Member Marlen Garcia. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 8:36 p.m. Approved as presented by the Commission at their meeting held April 7, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 AGENDA BAL ®WIN PARK HOUSING AUTHORITY April 7, 2010 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 I0, �� 1�1m Jt , t , , V, Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marten Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TEL EFONOS CEL ULARES Y BEEPERS D URA NTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invite al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this agenda otra de sus Agencies nombradas en esta agenda, pare on any matter posted on the agenda or on any other hablar sabre cualquier asunto publicado en la agenda o matter within its jurisdiction. If you wish to address cualquier tema que este bajo su jurisdiccian. Si usted the City Council or any of its Agencies, you may do desea /a oportunidad de dirigirse al Concilio o alguna de so during the PUBLIC COMMUNICATIONS period sus Agencies, podra hacerlo durante el perlodo de noted on the agenda. Each person is allowed three Comentarios del Publico (Public Communications) (3) minutes speaking time. A Spanish speaking anunciado en la agenda. A cada persona se le permite interpreter is available for your convenience. hablar par tres (3) minutos. Hay un int6rprete Para su conveni end a. 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 Housing 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 94403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING -- 7:00 PM Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutes sera el limite pars 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 action en algan 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 fjar asuntos Para tomar en consideration en juntas proximas. [Codigo de Gobierno §54954.2] PUBLIC HEARING(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 Cleric and/or Housing Authority at or prior to the public hearing. 1. BALDWIN PARK HOUSING AUTHORITY'S CAPITAL FIND PUBLIC HOUSING AGENCY 2010 -2014 FIVE YEAR PLAN (PHA) AND FY 2010 -2011 Staff recommends Authority conduct a public hearing and following the public hearing approve the adoption and approval of the Capital Fund Public Housing Agency (PHA) Five Year Plan and FY 2010 -2011 PHA Annual Plan and waive further reading, read by title only and adopt Resolution No. HA 2010 -002 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING 2010 -2014 FIVE YEAR PLAN AND ANNUAL AGENCY PLAN FOR FY 2010 - 2011" as required by the U.S. Department of Housing and Urban Development (HUD.) 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. April 1, 2010. ��a_ )n . ?k�/v Laura M. Nieto, CMC Deputy City Clerk 1 BALDWIN P A R, K CITY OF BALDWIN PARK STAFF REPORT TO: Honorable Chairman and Members of the Board FROM: Marc Castagnola, AICP, Community Development Mana DATE: April 7, 2010 SUBJECT: BALDWIN PARK HOUSING AUTHORITY'S CAPITAL FUND PUBLIC HOUSING AGENCY 2010 -2014 FIVE YEAR PLAN (PHA) AND FY 2010- 2011 ANNUAL PLAN PURPOSE The purpose is for the Baldwin Park Housing Authority Board to hold a public hearing and consider: • The adoption and approval of the Capital Fund Public Housing Agency (PHA) Five Year Plan and FY 2010 -2011 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies • Approval of Resolution No. HA -2010 -002 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "B "). BACKGROUND/ DISCUSSION Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the public housing agency Five -Year and Annual Plan requirement. The Five -Year Plan describes the mission of the agency and the agency's long -range goals and objectives for achieving its mission. The Annual Plan outlines their approach to managing programs and providing services for the upcoming year. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, such as the Capital Fund Program. In order to receive operating funds from HUD for the Public Housing and Section 8 Housing Choice Voucher Programs, Housing Authority must also submit an Annual PHA Plan for each year under the Five Year Plan. The FY 2010 -2014 Five Year Plan and FY 2010 -2011 Annual Plan are due to HUD by April 17, 2010. The most important revision to this Five Year Plan is the proposed conversion to the Public Housing, Mc Neil Manor, units. The BPHA receives and annual allocation of Capital Funds for the operation of these units in the amount of approximately $15,000. Also, because these units are designated for senior citizens, the average amount of rent received from each tenant is only $200. Therefore, in order to ensure sufficient funding to maintain and operate these units successfully, staff proposes to convert Mc Neil Manor to market units and accept Section 8 vouchers. The key point to note is that the existing tenant's will not be forced to vacate the units. Each tenant will be issued a Section 8 voucher and will have the option to remain in the unit or relocate under the Section 8 Housing Choice Voucher Program. The Consolidated Plan only informs HUD that the BPHA is considering the conversion to be completed within this five -year period. Once the conversion process begins, in -depth analysis and further documentation must be submitted to HUD. In is anticipated that the process for full conversion will begin during this fiscal year in order for the analysis and required documentation to be submitted to HUD in the FY 2011 -2012 plan. Other revisions include: 1) The Baldwin Park Housing Authority began steps to implement the Family Self- Sufficiency (FSS) Program. 2) In response to the Violence Against Woman Act (VAWA) the Baldwin Park Housing Authority has implemented a VAWA policy with referrals to various local agencies that provide services for victims of domestic violence. This policy basically states that no detrimental action may be taken against a victim of domestic violence on the basis of incidents of domestic violence or stalking. 3) The Baldwin Park Housing Authority has implemented an Enterprise Income Verification (EIV) policy, which details procedures for the handling of EIV reports and security measures. EIV reports provide Housing Authorities with updated tenant income information from sources such as U.S. Department of Health and Human Services, National Directory of New Hires (NDNH) data, the single source for wage, unemployment insurance benefit information, and the new hire (employment) information, Social Security and Supplemental Security Income from the Social Security Administration. Resident Advisory Board Also as required, to ensure public input, the Resident Advisory Board (RAB), consisting of Section 8 Participants and Public Housing McNeill Manor residents meet on February 11, 2010 to review the documents. The RAB was informed of the proposed conversion and was in agreement with staff's recommendation to proceed. Public notices and 45 -day comment period As required, a public notice was published in the San Gabriel Valley Tribune informing the public that the Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed capital improvements, and other required supporting documents, were available for public review. No comments have been received from the public regarding the PHA Plans. FISCAL IMPACT There is no impact to the General Funds. RECOMMENDATION Staff recommends that the Housing Board approve: The adoption and approval of the Capital Fund Public Housing Agency (PHA) Five Year Plan and FY 2010 -2011 PHA Annual Plan Approval of Resolution No. HA -2010 -002 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "B "). Attachments Attachment "A" — PHA Plans Attachment "B" — Resolution No. HA 2010 -02 ATTACHMENT "A„ PHA Plans ATTACHMENT "A" PHA Plans PHA 5 -Year and U.S. Department of Housing and Urban OMB No. 2577 -0226 Development Expires 4/30/2011 Annual Plan Office of Public and Indian Housing 1,0 PHA Information PHA Name: BALDWIN PARK HOUSING AUTHORITY PI IA Code;CA120 PHA Type: ❑ Small ❑ High Perforating ® Standard ❑ HCV (Section 8) PHA Fiscal Year Beginning: (MM /YYYY): 07/01/2010 2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: 12 Number of HCV units: 500 3.0 Submission Type ® 5 -Year and Annual Plan ❑ Annual Plan Only ❑ 5 -Year Plan Only 4.0 PHA Consortia ❑ PHA Consodia: (Check box if submitting a joint Plan and complete table below.) No. of Units hk Each Participating PI [As PHA Program(s) Included in the Programs Not in the Program PH HCV Code Consortia Consortia PE-IA 1: PHA 2: PI [A 3: 5.0 5 -'Year Plan. Complete items 5.1 and 5.2 only at 5 -Year Plan update. 5.1 Mission. State (lie PHA's Mission for serving the needs of low - income, very low- income, and extremely low income families in the PEA's jurisdiction for the next five years: 1. Ensure that all assisted units within the City of Baldwin Park (lousing Authority jurisdiction are quality places that provide residents with safe, decent, sanitary, and affordable housing. 2. Create a sustainable, self - sufficient, and federally compliant housing program by effectively and efficiently utilizing federal and local resources. 3. Provide quality customer service and economic assistance to low- income families and individuals, 4. Promote a positive and productive relationship with tenants and landlords by using clear and open communication. 5. Detect and deter waste, fraud, and abuse by requiring and enforcing the use of the EIV system. 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable (he PI ]A to serve file needs of low - income and very low - income, and extremely low- income families for the next five years. Include a report an the progress the PHA has made in meeting the goals and objectives described in tire previous 5 -Year Plan. 1. Maintain a leasing rate of 98% to 100% to lease the maximum units aulliorized by HUD. 2. Work to ensure the de- concentration of low- income families in high- poverty areas by encouraging them and assisting them in I»oving to low - poverty areas and census tracts. The PHA will outreach to owners of units located outside areas of poverty or minority concentration. 3. Continue to maintain and improve our SEMAP scores by addressing any areas of weakness and implementing new procedures to improve specific SEMAP indicators /scores. 4. Educate staff on new regulations and enforce current regulations that pertain to policies that affect tite family's initial eligibility and continued assistance in the program. II is our goal to reduce any errors in calculating the housing assistance through training and quality control. 5. We have continued our efforts to leverage private and /or other public fiords to create additional housing opportunities. 6. We will continue to improve our public housing management and our voucher management. 7. We have began steps to implement the FSS (family self - sufficiency) program in order to increase the number and percentage of employed persons in assisted families and to refer clients to financial counseling services. 8. We will continue our services agreement with the Fair Housing Agency to promote equal housing opportunities free from discrimination. 9. Our housing authority will ensure access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability. Page I of 3 form HUD -50075 (4/2008) 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: L The Baldwin Park I lousing Authority began steps to implement the Family Self - Sufficiency (FS S) Program. 2. hr response to the Violence Against Woman Act (VAWA) the Baldwin Park Housing Authority has implemented a VAWA policy with referrals to various local agencies who. provide services for victims of domestic violence. This information can be provided upon request. 3. Tile Baldwin Park Housing Authority has implemented an EIV policy whicll details procedures for the handling of EIV reports and security measures. 4. The Baldwin Park Housing Authority will be removing its public housing units from its inventory and the existing residents will receive tenant -based assistance. The voluntary conversion from public housing to ter ran assistance will be done in accordance with 24 CPR 972 subpart B, McNeil Manor is the name of the project being converted. (b) Identify the specific location(s) where the public may obtain copies of the 5 -Year and Annual PHA Plan. For a complete list of PI [A Plan elements, see Section 6.0 of the instructions. Baldwin Park City Mall 14403 E. Pacific Ave. Baldwin Park, CA 91706 7.0 Hope VI, tillxed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project -based Vouchers. Inchede statements related to tltese programs as applicable. 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. Capital Fund program Annual Statement /Performaree and Evalant[on Report. As part of the PHA 5 -Year and Annual Plan, annually N.1 complete and submit the Capital Fund Program Annual Statement/Perforrnance and Evaluation Report, form HUD- 50075.1, for each current and open CFP grant and CFFP financing. Capital Frutd Program Five -Year Action Plan. As part of the submission of the Annual Phut, PHAs must complete and submit the Capital Fmrd 8.2 Program Five -Year Action Plan, form HUD- 50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. 83 Capital Fund Financing Program (CFFP). ❑ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)IReplacement Housing Factor (RI IF) to repay debt incurred to finance capital improvements. Page 2 of 3 form HUD -50075 (412008) 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by 1lUD, and other generally available data, make a reasonable effort to identify the housing needs of the low- income, very low- income, and extremely low - income families who reside in the jurisdiction served by tite PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and otter families who are on the public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Baldwin Park: There are 17,715 housing units in the City of Baldwin Park. 21.8% are niniti- family units. The vacancy rate in multi- fancily units is 2.7 %. Median rents range front $500 to $1,000 (76.4% of units). There are 6,731 renter - occupied units in Baldwin Park. A great proportion, 33.6 %, of the families and individuals in Baldwin Park fall below the poverty level. 44.3% of the households pay more than 30% of their income towards rent. An estimated 16,532 of Baldwin Park residents are disabled which represents 23.9% of the population. An estimated 4,744 are elderly households representing 6.2% of the population. The majority of Baldwin Park's residents are identified as White representing art estimated 40.2% of the population. The second largest Willie group in the city arc Asians representing 11.5% of the population. However, Hispanics /Latinos of any race represent 78.8% of the population. West Covina: There are 32,058 housing units in flee City of West Covina. 25.7% are multi- family units. The vacancy rate in multi- funny units is 4.5 %. Median rents range from $500 to $1,500 (87.8% of units). There are 10,461 renter - occupied units in Baldwin Park. 15.4 %, of the families and individuals in West Covina ftll below the poverty level. 43.5% of the households pay more than 30% of their income towards rent. An estimated 18,390 of West Covina residents are disabled which represents 19.0% of the population. An estimated 14,542 are elderly households representing 13.8% of tltc population. The majority of West Covina's residents are identified as White representing an estimated 43.9% of the population. The second largest ethnic group in the city are Asians representing 22.7% of (lie population. However, l lispanics /Latinos of any race represent 45.7% of the population. Monrovia: There are 13,957 housing units ill the City of Monrovia. 34% are multi- family units. Tlue vacancy rate in multi - family units is 4.4 %. Median rents range from $500 to $1,000 (71.8% of units). There are 7,010 renter- occupied units in Monrovia. A great proportion, 18.4 %, of the families and individuals in Monrovia fall below the poverty level. 39.9% of the households pay more than 30% of their income towards rent. An estimated 6,708 of Monrovia residents are disabled which represents IS. 16 %of the population. An estimated 4,797 are elderly households representing 12.9% of the population. The majority of Monrovia's residents are identified as White representing an estimated 62.9% of the population. The second largest ethnic group in file city are Blacks /African Americans representing 8.7% of the population. However, Hispanics/Latinos of any race represent 35.2% of the population. El Monte: There are 27,758 ]lousing units in the City of El Monte. 35.0% are nculti- family units. The vacancy rate ill multi- fancily units is 4.1 %. Median rents range from $500 fo $1000 (76.5% ofunits), There are 15,849 renter - occupied units in El Monte. A great proportion, 34.3 %, of the families and individuals in El Monte fall below the poverty level. 48.6% of the households pay more than 30% of their income towards rent. An estimated 23,026 of El Monte residents are disabled which represents 19.85% of the population. An estimated 10,491 are elderly households representing 9.4% of the population. ,rile majority of El Monte's residents are identified as White representing an estimated 35.7% of the population. The second largest ethnic group in tike city are Asians representing 18.5% of the population. However, Hispanics/Latinos of any race represent 72.4% of the population. South El Monte: There are 4703 housing units in the City of South El Monte. 28,0% are multi - family units. Tile vacancy rate in multi- family units is 2.2 %. Median rents range from $300 to $999 (88.9% of units). There are 2300 renter- occupied units in South El Motile. A great proportion, 35.2 %, of lire families and individuals in South El Monte fall below the poverty level. 41.7% of the households pay more than 30% of their income towards rent. An estimated 4,742 of South El Monte residents are disabled which represents 25% of the population, An estimated 1,490 are elderly households representing 12.6% of the population. The majority of South El Monte's residents are identified as White representing an estimated 40.6% of the population. The second largest ethnic group in the city are Asians representing 8.4% of the population. However, Hispanics/Latinos of any race represent 86% of the population. Housing need is defined as the gap between fie type of housing required by the City's existing and projected residents and the type of ]rousing available. Page 3 of 3 form HUD -50075 (412008) Baldwin Park Housing Authority EIV Addendum BALDWIN PARK HOUSING AUTHORITY (BPHA) EIV POLICY Section 1.0 UTILIZING THE ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM The HS will use the EIV system to identify potential discrepancies in income reporting by participants during the annual and interim reexamination processes. In order to identify any discrepancies, the HS will use EIV wage /benefit data in conjunction with third party income verification documents received during the annual and interim recertification processes. If there are discrepancies in the amount of income, or if the income is outdated, the HS will use the most accurate and reliable source of income verification. In addition, the BPHA will also use upfront income verification (UIV) tools such as the Work Number and Credit Report checks to verify a participant's income. The data contained and provided by the EIV system will be protected by the HS and should only be used for official program purposes. Data will not be disclosed to anyone in any manner that would violate the privacy of the individuals represented. The IIS must adhere to EIV security awareness measures to ensure that only authorized system users may access the EIV system in order to maintain overall privacy and security compliance. The HS must use the EIV system to verify household income on such sources as social security, social security disability, SSI, wages and unemployment compensation for each family member. The HS must use the EIV system to compare the income source and amount recorded in the participant - supplied income data and form, HUD 50058 which is maintained in the Public Housing Information Center (PIC) database. Section 1.01 EIV Reports When the EIV income data differs from the participant- provided income data by at least $200.00 per month; this constitutes a "substantial difference." In cases where the EIV income data is NOT substantially different than participant - reported income, the I-IS will: ❑ Use participant documents or third party income verification to calculate anticipated annual income if the EIV income is less than current participant - provided documentation; or ❑ Use EIV income data unless the participant provides documentation of a change in circumstances when the EIV data is more than the current participant - provided documentation. If acceptable participant documentation is provided to justify a change Baldwin Park Housing Authority EIV Addendum in circumstances, the participant's documents will be used to calculate income. In cases where EIV income is substantially different than the participant- reported income, the HS must: ❑ Request written third -parry verification from the income source in accordance with 24 CFR 5.236(3) (i). Review historical income data for patterns of employment, paid benefits, and/or receipt of other income when the ITS cannot readily anticipate income such as in the cases of seasonal employment, unstable working hours and suspected fraud. ❑ Analyze all data and attempt to resolve the income discrepancy. n Use the most current verified income data (and historical income data if appropriate) to calculate anticipated annual income. Section 1,02 EIV Security Measures Section 1.02.1 Handling of Discrepancy Reports The HS must handle EIV discrepancy reports in the following manner; ❑ If a participant disagrees with the discrepancy report issued by the EIV system, a meeting will be scheduled by the HS with the participant to resolve the dispute. All details of the discrepancy report must be documented and the participant will have 15 business days from the date of the meeting to obtain third -party verification of the discrepancy and submit supporting documentation to the HS. All participant- provided information and submitted documentation should be dated not more than 60 days prior to the initial resolution meeting. Once the information is received from the participant, the HS will review and make a final decision within ten business days from the date that the information was received from the participant. 10) If a situation arises where facts indicate that a participant has not reported or has underreported income, a repayment agreement will be executed between the participant and the HS, if the amount owed does not exceed $3,500. A revision to the current and future participant's share must also be made. If a participant refuses to enter into a repayment agreement and /or refuses to pay the newly calculated rent, termination of assistance will occur using the established policies and procedures in accordance with BPHA's Administrative Plan. ■ if the BPHA determines that the income discrepancy was the direct result of fraud in connection with the program the BPHA may exercise its right to terminate assistance in accordance with the program's administrative plan. Baldwin Park Housing Authority EIV Addendum Section 1. 02.2 Records Retention During the term of the assisted tenancy and for at least three years thereafter, the HS must retain the documents in the participants' files. Section 1. 02.3 Disposal of'Applicant and Participant Records All EIV documents must be destroyed at the end of the three -year retention period. They should be destroyed in a manner that would not compromise the confidentiality of the applicants and/or participants. The preferred method for destroying documents is by shredding. Section 1. 02.4 EIV Security Monitor Each local program must designate someone as the agency's "EIV Security Monitor." The agency's EIV security monitor will be responsible for ensuring that the minimal EIV security procedures outlined in this document are adhered to, The local EIV security monitor or other designated personnel must give written notification to the BPHA's designated EIV Security Officer when: ❑ a staff member associated with EIV information is no longer employed with the agency, or ❑ a staff member who previously had access rights to the EIV system no longer has such rights. Section 1.02. S Storage of EIV Documents As an added security measure, on an annual basis the BPHA's EIV security officer will mail to each local program a listing of local program staff members who have BPHA approved access to EIV wage /benefit data. The local security monitor or other designated staff must review this list and immediately notify the BPHA's EIV security officer in writing of any names that should be deleted from the list. Each HS must maintain a lockable container, file cabinet, or room to store EIV documents that are: ❑ outdated and are destined to be destroyed; or ❑ printed but not yet placed in the participants' files. Caution should be taken to prevent the combining of each of the above types of documents. BPHA recommends that the IIS keep each type in separate folders within the lockable receptacle. 3 Baldwin Park Housing Authority EIV Addendurn Section 1. 02.6 Key Control Form Each local program must utilize the Key Control Form provided by BPHA to document; the number of keys issued for the lockable container, file cabinet or room; ❑ the names of program staff who are in possession of these keys; and ❑ a change in the number of keys available or a change in the identity of the staff in possession of the key. Section 1. 02.7 EIV Security Training BPHA will provide annual EIV security training to its local program staff during regional meetings and /or annual conferences. Section 1. 02.8 Breach of EI V Security Policy Any breach of the EIV security policy should be immediately reported to the designated BPHA Security officer. 4 1. Violence Against Woman Act Policies The Baldwin Park Housing Authority in response to the Violence Against Woman Act (VAWA) has implemented the following changes to the Section 8 Administrative Plan. ® If an applicant or participant is, or has been, a victim of domestic violence, dating violence or stalking, then this will not be an appropriate basis for denial or termination of program assistance, or for denial of admission to any assisted housing program, if the applicant otherwise qualifies for assistance or admission. • The City of Baldwin Park Housing Authority may not terminate assistance to a participant in any assisted housing program on the basis of an incident or incidents of actual or threatened domestic violence, dating violence or stalking against that participant. Vouchers shall not be cancelled for a member or mcmber of a family who move out in violation of the lease due to a threat or perceived threat of domestic violence dating violence or stalking. However, other violations of the lease such as unpaid rent, damage to the unit, disturbance to the neighbors, etc. will be cause for termination of program assistance. Portability benefits remain un- affected. ® Criminal activity directly relating to domestic violence, dating violence or stalking shall not be considered a serious or repeated violation of the lease by the victim or threatened victim of that criminal activity or justify termination of assistance to the victim or tlueatened victim. ATTACHMENT "B" Resolution No. HA 2010-02 RESOLUTION NO. HA 2010 -02 A RESOLUTION OF THE CITY OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING 20102014 FIVE YEAR PLAN AND ANNUAL AGENCY PLAN FOR FY 20102011 WHEREAS, the Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ( "HUD "); and WHEREAS, the 2010 -2014 Five Year Plan and FY 2010 -2011 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long -range goals and objectives for achieving it's mission, the agency's approach to managing programs, and providing services for the upcoming five years. WHEREAS, the FY 2010 -2014 Five Year PHA Plan and 2010 -2011 serves as the annual application for the Capital Fund Program grant to support improvements to it's public housing. WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based assistance (vouchers) programs must submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows: SECTION 1. That the 2010 -2014 Five Year Plan and the 2010 -2011 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary, shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 7t" day of April 2010. Manuel Lozano, Chairman ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ) I, Laura Nieto, Deputy City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the 7t" day of April 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Laura Nieto Deputy City Clerk 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PI [A's strategy for addressing the housing needs of families in Ilse jurisdiction and oil the waiting list in the upcoming year. Note; Small, Section 8 only, and High Perforating PHAs complete only for Annual Plan sllbinissloll with the 5 -Year Plan. 1, Maintain a leasing rate of 9g% to 100 %. 2, Continue to maximize the budget authority to provide as many households as possible wills improved living conditions and ease cost burdens associated with housing. 3. Fully implement the newly purchased housing sollware to improve the efficiency of managing tile waiting list. 10.0 Additional Information. Describe the following, as well as any additional information /IUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the FHA's progress in meeting tine mission and goals described in the 5- Year Plan. ]n partnership with tie City of Baldwin Park, (he BP14A also administers a Temant Based Rental Assistance Program to provide applicants on the /-lousing Choice Voucher waiting list an opportunity for temporary housing until they are issued a Voucher. In all effort (o obtain and retain affordable rental units for the BP1IA tenants', the payment standards are continuously analyzed and updated as needed. This allows the FICV participants to compete fairly with tine non- puticipants when seeking housing. It also encourages property owners to participate in the HCV program particularly during the current economic housing crisis, The BPHA has recently Maximized it's budget authority to provide as many households as possible with improved living conditions and ease cost burdens associated with housing. (b) Significant Amendment and Substantial Deviation/Modification, Provide the P1IA's definition of "significant annenchnent" and " substantial deviation /modification" Significant Amendment is defined as an aniendulcnt that would require the approval of the I Iousiug Commission and the Housing Board in order to implement (i.e., a change to Eligibility and /or Occupancy requirements, a change in goals or strategy and a substantial change in tile goals and objectives.) Substantial Deviation is defined as a significant reduction in the goals and objectives over the five -year period, or a change of 2 more indicators or a change /addition to or elimination of one of the Agency's goals. 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Phan template (MUD- 50075), PHAs must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but eleclronic submission is encouraged. Items (it) through (i) must be attached electronically with the PI IA Plan, Note; Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD - 50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Forni HUD - 50070, Colification for a Drug -Free iforkplace (PHAs receiving CFP grants only) (c) Form HUD - 50071, Certification ofPayrnenis to h fuence Fedcral Transactions (PHAs receiving CFP grants only) (d) Form SF -LLL, Disclosure of Lobbying Activities (131 [As receiving CFP grants only) (e) Form SF- LLL -A, Disclosure of LobbyingActivilies Continuation Street (PHAs receiving CFP grants only) (0 Resident Advisory Board (RAB) comments. Comments received from the RAB must he submitted by the PHA as an attachment to the PHA Platt. PHAs must also include a narrative describing their analysis of the recommendations and (lie decisions made on these reconhttiendalions. (g) Challenged Elements (h) Form HUD- 50075.1, Capital Fund Program Annual Stateuneiri/Perfornrance and Evaluation Report (PHAs receiving CFP grants only) (1) Form IIUD- 50075.2, Capita! fi'tund Program: Five -Year Action Plan (PHAs receiving CFP grants only) Page 4 of 3 forth hIUD -50075 (4/2008) EXHIBIT " PHA Certifications of Compliance with the PHA Plans and Related Regulations PHA Certifications of Compliance U.S. Department of Housing and Urban Development with PHA Plans and Related Office of Public and Indian Housing Expires 4/30/2011 Regulations PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5 -Year and Annual PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the_ 5 -Year andlor Annual PHA Plan for the PHA ftscal year beginning hereinafter referred to as" the Plan", of which this document is apart and snake the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund Program /Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement /Annual Statement/Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CPR 903.13). Tire PHA has included in the Plan submission a copy of the recommendations inade by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title I1 of the Americans with Disabilities Act of 1990. 7. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PICAMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2006 -24); • The system of site -based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site -based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site -based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 9033(c)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped, 11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. Previous version is obsolete Page I of 2 form HUD -50077 (4/2008) 12, The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or 1 -IUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 15. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act, 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A -87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that tine PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the P14A and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21, The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PI -IA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. PHA Name PHA Nulnber/HA Code 5 -Year PHA Plan for Fiscal Years 20 -20 Annual PHA Plan for Fiscal Years 20 -20 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and s(atements. Conviction may result in criminal anchor civil penalties. 08 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Nance of Authorized Official signature Title Date Previous version is obsolete Page 2 of 2 form I-IUD -50077 (412008) Exhibit "B" .: r • • �' Illilliq pill iell • Certification for U.S. Department of Housing a Drug -Free Workplace and Urban Development Applicant Name ProgramlActivity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue to provide a drug -free workplace by: a. Publishing; a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees - -- (1) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.; d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will - -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted - -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto- rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here ❑ if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and /or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Signature Title Date form HUD -50070 (3198) ref. Handbooks 7417.1, 7475.13, 7485.1 & .3 Exhibit "C" • t 11 , Certification of Payments to Influence Federal Transactions Certification of Payments U.S. Department of Housing and Urban Development to Influence Federal Transactions Office of Public and Indian Housing Applicant Name Baldwin Park Housing Authority Program /Activity Receiving Federal Grant Funding The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- tion with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each such failure. I hereby certify that all the information stated herein, as well as any information provided in the accornpanirnent herewith, is true and accurate, Warning: HUD will prosecute false claims and statements, Conviction may result in criminal and /or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Signature Date (mmlddlyyyy) form HUD 50071 (3198) Previous edition is obsolete ref. Handb000ks 7417.1, 7475.13, 7485. 1, & 7485.3 Exhibit "D" Form SF-LLL_ Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 lgraa ra%rarca fnr nllhlir. hiirrif=n riisr:lnsllrP.1 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract �a. bidlofferlappl!cation a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier , ifknown: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department /Agency: 7. Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, M!): different from No. 10a) (last name, first name, Ml): 11 Information requested through this form is authorized by title 31 U.S.C. section Signature: 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made Print Name: or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information wiN be available for public inspection. Any person who fats to file the Title: required disclosure shall be subject to a civil penalty of not less than $10,000 and Telephone No.: Date: not more than $100,000 for each such fat ure. Authorized for Local Reproduction Federal Use Only: Standard Form LLL (Rev. 7 -97) INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each paymentor agreementto make paymentto any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that applyfor both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entitythat designates if it is, or expects to be, a prime or subaward recipient. Identifythe tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee, "then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (C FDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number availablefor the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the applicationyproposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348- 0046), Washington, DC 20503. Exhibit "E" Form Disclosure of Lobbying Activities Continuation Sheet DISCLOSURE OF LOBBYING ACTIVITIES 03Approved 48 -0046Y OMB CONTINUATION SWEET Reporting Entity: Page of Authorized for Local Reproduction Standard Form - LLL -A Exhibit "F" On 02/11/10 the Baldwin Park Housing Authority (BPHA) met with the Resident Advisory Board (RAB) for the purpose of reviewing the 5- Year PHA Plan. The RAB members present were Ruben Chacon, Cheryl Gibbs, Maria Gonzalez and Josefina Holt. The RAB stated that the BPHA is fulfilling their mission statement in reference to 5.1 of the PHA Plan. The RAB stated that the BPHA is providing quality service and good customer service in reference to the Goals and Objectives as listed in section 5.2 of the PHA Plan. While reviewing section 6.0 (PHA Plan Update) of the PHA Plan the RAB requested an explanation of the Violence Against Women Act (VAWA) policy. The VAWA policy was explained to the RAB and particular emphasis was made on the protection offered to the victims of domestic violence while participating in the Section 8 Program. The RAB was also briefed on the proposed conversion of the 12 units known as McNeil Manor from public housing units to Section 8 tenant based vouchers. No comments were made in reference to Section 9.0 describing the Housing Needs. No comments were made in reference to Section 9.1 describing the Strategy for Addressing Housing Needs. While reviewing Section 10.0 (Additional Information) the RAB requested an explanation of the definition of the Payment Standards and how they work. The Payment Standards were explained with emphasis on the range of 90% to 110% of the LA County FMR. The concept of rent reasonableness for units was also explained to the RAB. All members of the RAB were in agreement to approve the new 5- Year PHA Plan, The RAB did not provide any specific recommendations on the proposed 5 -Year Plan nor did they make any specific suggestions about the PHA Plan. Therefore, an analysis of their recommendations is not applicable. However, all their comments have been listed above. r Exhibit "G" 6c57 Exhibit "H" • ) 1I '-d �Q a R rn O x r O J N Fi N b quo roy�' o 0 Fn C 'u R• R •row �mm L a c. a. cI m�p •O o O O D � (] n o n 0 rn n b� R �O�LD LD (4 O G b � UQ A O c Lo d .y m 00 O � vo d k S b7p 17' V'oaC7 Q J Ox� i N � C 10 10 oo J J rn (7, Vi W O cJ 00 o Q+ �O N �� O �i O 4 0 0 In �-• C) x Er o ❑ a' �i O � � I O � n y�❑ o © R 1 O O+ b O Q 0 0 0 O O O O 0 0 0 0 b9 O Co b9 0 0 0 Ll O 00 0 t�! v � � Cl S. o � b d C N � 9 CD d d = o W a O J ro O 0 � u �e W i p M to CL y N 00 J as b� R �O�LD LD (4 O G b � UQ A O c Lo d .y m 00 O � vo d k S b7p 17' V'oaC7 Q J Ox� i N � C b N � � N ry 0 0 A, ED t I o N n n a A m a 5•Epo � a P. 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[n C7 0 CD CD C7 CD d n < CD b o CD CD � o '-h w W O IJ p fw-r N O r-r OCD a v, h7 N a n O a b ro n 0 b d t7 `C A� ro a � o ro � '� as c � c. k � � ,b d � d � � p C N O 'l7 as ., ATTACHMENT "B" Resolution No. HA 2010 -02 RESOLUTION NO. HA 2010 -02 A RESOLUTION OF THE CITY OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING 2010 -2014 FIVE YEAR PLAN AND ANNUAL AGENCY PLAN FOR FY 2010 -2011 WHEREAS, the Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the 2010 -2014 Five Year Plan and FY 2010 -2011 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long -range goals and objectives for achieving it's mission, the agency's approach to managing programs, and providing services for the upcoming five years. WHEREAS, the FY 20102014 Five Year PHA Plan and 2010 -2011 serves as the annual application for the Capital Fund Program grant to support improvements to it's public housing. WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based assistance (vouchers) programs must submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows: SECTION 1. That the 2010 -2014 Five Year Plan and the 20102011 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 7t" day of April 2010. Manuel Lozano, Chairman ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) .ss CITY OF BALDWIN PARK ) I, Laura Nieto, Deputy City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the 7th day of April 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Laura Nieto Deputy City Clerk