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HomeMy WebLinkAbout2010 10 20NOTICE 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, OCTOBER 20, 2010 at 5:00 P.M. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: October 14, 2010 AFFIDAVIT OF POSTING Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on October 14, 2010. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSIO Please note SPECIAL MEETING meeting location October 20, 2010 and time 5:00 P.M. / \ , CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWI N P- A- RT K Manuel Lozano - Mayor /Chair Ricardo Pacheco - Mayor Pro TemNice Chair Marlen Garcia - Council Member /Member Monica Garcia - Council Member /Member Susan Rubio - Council Member /Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:OOP.M. CALL TO ORDER ROLL CALL: Councilmembers /Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tem/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 alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -059 Henry H. and Kao Chang 4212 Maine 8437 - 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -063 J &J Warehouse Co. / Newman Tek Capital N/A 8437 - 004 -064 J &J Warehouse Co. / Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 - 004 -068 Bank of America 14401 Ramona 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437 - 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) 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 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. October 14, 2010. *kx Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at Inietop_baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Il) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING October 20, 2010 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tern Marlen Garcia - Councilmember Monica Garcia - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS 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] 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. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF OCTOBER 20, 2010 — NOVEMBER 2, 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 May 19, 2010 (regular) and October 6, 2010 (special and regular.) City Council Agenda —October 20, 2010 Page 2 4. CLAIM REJECTIONS Staff recommends City Council reject the claims of Cesar Diaz, Wendy Jolie, Michael Rodriguez and Richard Ligon and direct staff to send the appropriate notice of rejection to claimants. 5. APPROPRIATION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 4009 PUENTE AVENUE Staff recommends City Council approve the appropriation of $55,000 for the purpose of rehabilitating 4009 Puente Avenue under the Neighborhood Stabilization Program (NSP.) 6. ACCEPTANCE OF THE CDBG STREET IMPROVEMENTS PROJECT CONSTRUCTED BY ALL AMERICAN ASPHALT AND AUTHORIZATION TO RECORDS THE NOTICE OF COMPLETION Staff recommends City Council 1) accept the construction improvements by All American Asphalt and authorize the recordation of a Notice of Completion and 2) authorize the payment of $6,980.25 in retention funds to All American Asphalt upon expiration of the 35 -day lien period. 7. SOBRIETY / DRIVERS LICENSE CHECKPOINTS AND IMPOUNDS (Continued from October 6, 2010) Staff recommends City Council 1) receive and file and ratify the Police Chief's decision that the policy of the Baldwin Park Police Department will be to store vehicles of unlicensed drivers for one day pursuant to CVC 22651(p), and that vehicles of drivers with suspended or revoked licenses for drunk driving, reckless driving, or other traffic violations continue to be impounded for 30 days pursuant to CVC 14602.6; and 2) receive and file and ratify the Police Chief's adopting and implementation of Baldwin Park Police Department Policies regarding Sobriety & Driver's License Checkpoint Policy and Vehicle Towing and 3) receive and file and ratify the Police Chief's decision to continue Sobriety /Drivers License Checkpoints. 8. CITY TREASURER'S REPORT - AUGUST & SEPTEMBER 2010 Staff recommends City Council receive and file. 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. 9. A REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION ON BOTH PUBLIC AND PRIVATE PROPERTIES; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC -168 Staff recommends City Council conduct the public hearing and following the public hearing 1) waive further reading, read by title only and adopt Resolution No. 2010 -041 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -168" and 2) waive further reading, read by title only and introduce for first reading Ordinance No. 1336 entitled, "AN ORDINANCE OF THE CITY COUNCIL City Council Agenda —October 20, 2010 Page 3 OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -168" 10. CITY COUNCIL REVIEW AND ADOPTION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT (AZC -169) TO THE CITY'S MUNICIPAL CODE TO MODIFY AND ADD SECTIONS TO 153.315 THROUGH 153.316.5 OF ORDINANCE 1290 (RDAO) Staff recommends City Council conduct the public hearing and following the public hearing adopt the Negative Declaration of Environmental Impact for AZC -169 and waive further reading, read by title only and adopt Resolution No. 2010 -042 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE (AZC -169) ADDING AND MODIFYING SECTIONS RELATING TO THE REDEVELOPMENT PROJECT AREA OVERLAY (RDAO); LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB -AREAS 2 AND 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 169." REPORTS OF OFFICERS 11. APPROVAL OF A DESIGN FOR THE PUBLIC TRANSIT FLEET (Continued from October 6, 2010) Staff recommends City Council 1) provide appropriate direction and approval of one of the six (6) designs; or select and approve one of the six (6) designs with modifications; 2) select and approve HUB design for marketing campaign; or select and approve HUB design with modifications for marketing campaign; and 3) authorize the Finance Director to appropriate $50,000 from the unallocated fund balance in Fund Proposition A, Fund No. 244. 12. APPROVAL OF THE CONCEPTUAL DESIGN FOR THE CITY ENTRY MONUMENT AND AUTHORIZATION TO FINALIZE DESIGN (Continued from October 6, 2010) Staff recommends City Council receive the revised monument Concept C and either approve it; conditionally approve it, or reject it. If the City Council approves or conditionally approves the concept, staff recommends that the City Council direct staff and the Landscape Architect to finalize the design and the contractor to build it. If the Council rejects the design, provide direction to revise the design and bring it back at the next City Council meeting. 13. ADOPTION OF RESOLUTION 2010 -047 NOMINATING A CITY COUNCILMEMBER TO RUN FOR ELECTION AS A REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Staff recommends City Council determine whether there is interest on the part of the Mayor or any City Councilmember to be nominated for election as the representative to the San Gabriel Basin Water Quality Authority. If there is interest, it is recommended that the City Council vote to determine who the nominee shall be and then waive further reading, read by title only and adopt Resolution No. 2010 -047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, NOMINATING COUNCILMEMBER City Council Agenda —October 20, 2010 Page 4 TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY'. 14. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2010 -046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 307 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 307 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 307 2011." CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Monica Garcia for discussion on the following: Council discussion and direction on a policy related to cooling centers in the City of Baldwin Park (continued from October 6, 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. October 14, 2010. ke Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-mail at InietoQbaldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda —October 20, 2010 Page 5 , A BALDWIN �'IAI�i.1C TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA OCT 2 0 STAFF REPO Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director lr�- October 20, 2010 Warrants and Demands 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 192700 -1 92798 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 210514 -- 211042 for the period of September 05, 2010 through October 02, 2010 inclusive, have been presented and hereby ratified, in the amount of $798.350.76. General Warrants, including check numbers 182471 to 182643 inclusive, in the total amount of $533,047.80 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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H V} m V} M m O Vi M VT M +rr [r1 [� m m 0 ri N M lA LD r- m U1 Cl H N N N N M M M M M Cl) r'/ M LO to L0 w W ID tD to t4 b W t4 tD tD ko N N N N N N N N N N N N N N N N m m m m co 0 m m W m m CD to m m m ri H H ri ri r-I ri ri ri ri H H ri ri ri rt r♦ ri ri 'A H ri , ri 'I ri M H r-I H r-f ri ri UE uH u r D4 H r-I � U C) H O n �z, H H O Cq N N H H A W a oz 0 rr d� H a c� N U m CQ r� W P' A V C9 W' W � HH H u AU a x `� U r7 P4 W \ Ln rl A W H zW aG W W H V W � U U �k E� X P4 pj a N +� W H U W �W 0 0 N N u M wa %D M M 0 0 Pro H W Pao H W W H W �44 x CA CD N n O W N a## H li 00 00 00 00 nn -v N V} m N N 0)NN O r1 rl N N 00 00 O O O r4 i I \nn ,goo -Q a 000 H H H n co co 01% H to ri o co M ul U) d yr H It ro N co H r-: a n o oo L4 0 r� 0� o W d' 4 co W en 0 H � E 1p rq O H u u U U u U u U W W W W U U U V H H O f�1 S+ W O \ � F ft a O r-C H O O N a� H O H CITY OF BALDWIN PARK : BALDWIN P•A•R,K TO: Honorable Mayor & Members of the City ou}��cil FROM: Vijay Singhal, Chief Executive Officer DATE: October 20, 2010 CITY COUNCIL AGENDA ITEM N0, SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of October 20, 2010 — November 2, 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 emergency requests for plaques and certificates were received: Requested By List of Honorees Time /Date /Place of Presentation Date Needed Mayor Lozano BPUSD Employee Joann October 2 n6 Plaque Watkins -- Retirement Time /Place: unknown 10 -02 -10 Recognition Mayor Lozano BPUSD Board of 9:00am /October 10 th Plaque Education for use of Baldwin Park High 10 -10 -10 athletic fields for sports School leagues to play RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY COUNCIL AGENDA OCT 2 MINUTES CITY OF BALDWIN PARK �5$A`b�'% WEDNE�0J CITY COUNCIL 0 2010 7;00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, MayorlChair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members]Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano thanked all in attendance. Councilmember Monica Garcia adjourned in memory of Teresa Martini, the aunt of Chief Hadsell and requested that a letter of condolence be sent to the family. ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tem Pacheco, Mayor Lozano. Absent; None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS Ken Woods, resident & business owner said that because of the Council's boycott of Arizona his business was not getting work. Their personal opinions were not helping businesses Greg Tuttle, business owner objected to the placement of the drive - through moratorium on the agenda without discussion at a Council meeting; spoke about Page 1 of 10 the proposed parking structure and that he helped people fight for their property rights. He spoke about SB 1070 and the position that the Council had taken Mary Heiss, resident commented about the condition of the sidewalks in the city and alleged that the city was not fixing the sidewalks that pose a threat to the public George Silva, resident invited the public to come and participate in the annual Relay for Life Event to take place at Baldwin Park High School Neddie Jensen, representing teachers & students at Baldwin Park Adult School presented Mayor Lozano with framed artwork in appreciation for his support In response to previous comments made, Mayor Lozano said that the city was not prohibiting any Baldwin Park business from doing business with the state of Arizona. He said that it was false that the city was trying to shut anyone down and spoke about the boycott that the City of Los Angeles had imposed on the state of Arizona. He thanked Mayor Pro Tern Pacheco for bringing forward a resolution against a law that sends a clear message to divide Americans. Mayor Lozano stated that he is an American, that some individuals were not telling the truth and that the city was supporting Los Angeles' boycott. He further spoke about the civil rights act and that the city needed to take a position against SB 1070. He expressed an opinion regarding Arizona Governor Jan Brewer. Mayor Lozano said that we were Americans first and that no one should pass a law that would profile individuals because of the way that they look. He was a long -time Baldwin Park resident and would not stand for individuals coming up to lecture him. Mayor Lozano stated the need for individuals to be vocal in their position and knew that there were certain Latinos against SB 1070 and spoke about negative messages that he had received but would not directly acknowledge. Mayor Pro Tern Pacheco said that it was important to not support this law and read some examples of past Jim Crow laws that discriminated against people of color Councilmember Rubio said that it came down to a safety issue and expressed her concern that these types of laws may have an adverse effect on the topics of education and women's rights, which she feels strongly about. She feared that the prevailing message that would be that we have the right to reveal the legal status of individuals. She wanted families to know that education is a right that everyone deserves and that the children of individuals here illegally were legal and may also end up in the system. She continued, that for years women have been told to report crimes. She did not want the threat to be used against them that if they report a crime, their legal status would be revealed to law enforcement. She did not want the message to be sent that law enforcement was the enemy. Mayor Lozano announced the upcoming rally at Morgan Park and encouraged Page 2 of 10 everyone to attend Councilmember Monica Garcia said that the beauty of our country was that we could express our own opinions. The City Council had taken a position and expressed their opinion and she reiterated that it was not at the detriment to any business in the city. The Council had to send a message, on principle, that they did not agree with the law and that it was for personal reasons that they had this opinion. For her, as a woman of Mexican- American descent, she feared being looked at as a potential illegal immigrant while traveling through the state of Arizona and possibly being detained if she didn't have the proper identification or passport. She shared a personal experience that she had while travelling through Mexico because of the way that she looked and said that she was proud of her heritage. She continued that the Council appreciated the rights that we have in this county and restated her position in opposition to SB 1070. They needed to be respectful of peoples' opinions in this county and again said that the City Council's position was not at the detriment of any business in the city, She encouraged anyone who agreed that this was a violation of their civil rights, to boycott the state of Arizona and make an impact on their bottom line. She said that this action would send a message and that she stood with there in solidarity. Councilmember Marlen Garcia stated that back in the 40s and 50s if you were Mexican or a race other than white, you were not allowed to buy a home in the cities of West Covina, Covina and possibly Baldwin Park. The Council was trying to ensure that all of that stops. She shared an experience from her childhood and spoke about the injustices that are still experienced today. She and the Council had worked to improve the community and create a better quality of life for Baldwin Park residents. She encouraged the support of the public for the scheduled rally, saying that we are human beings first and foremost. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition of the Earth Day Recycled Art Project Contest winners from Vineland Elementary School Mayor Lozano joined by the Council, Clerk and Treasurer presented certificates to the participants Recognition of the 2010 Baldwin Park Counts Census Committee members Mayor Lozano joined by the Council, Clerk and Treasurer presented certificates to the Census Committee members Recognition of the Baldwin Park High School Wrestling Teams for their successful season Mayor Lozano, joined by Council, Clerk and Treasurer presented the Council with certificates of recognition Recognition of Baldwin Park High School Basketball Coach of the Year Marc Page 3 of 10 Hart and the Baldwin Park High School Boys Basketball team for their 2nd place finish in the Valle Vista League Mayor Lozano, joined by Council, Clerk and Treasurer presented certificates to the coaches and team, Mayor Lozano asked that the team be featured in the next issue of the NOW. Recognition of the Sierra Vista High School Wrestling Team for winning the Mountain View League Champion title Councilmember Monica Garcia thanked coaches Duran and Tapia for their leadership. Mayor Lozano, joined by the Council, Clerk and Treasurer presented certificates to the athletes and coaches Proclamation proclaiming May 16 - 22 as Public Works Week in the City of Baldwin Park Mayor Lozano read the proclamation in honor of Public Works week and presented it to Public Works staff SET MATTERS - PUBLIC HEARINGS 12. PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2010/2011 CITY, COMMUNITY DEVELOPMENT COMMISSION AND HOUSING AUTHORITY BUDGETS (See related Item #3 on the Community Development Commission Agenda and Item #3 on the Housing Authority Agenda) Mayor Pro Tern Pacheco requested that after the public hearing, the item be continued to the next meeting so that he could further evaluate the budget materials Mayor Lozano opened the public hearing for those wishing to speak. FAVOR - None OPPOSITION Greg Tuttle, business owner Ken Woods, resident and business owner Seeing no further interest, the public hearing was closed Motion: Table June 2nd Moved by Mayor Pro Tern Pacheco, seconded by Mayor Lozano. 13. PUBLIC HEARING TO CONSIDER A CITYWIDE MORATORIUM ON DRIVE - THROUGH ESTABLISHMENTS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858(b) Mayor Lozano opened the public hearing for those in favor: Claudia Chairez Grace Sierra Page 4 of 10 Amelia Ramirez Nicholas Lara Magda Torrellas Christina Cardenas John Baker, Brand Growth Inc. Mayor Lozano entered for the record that Mr. Baker spoke in opposition to the proposed moratorium. OPPOSITION: Scott Garrity, representing Baldwin Park Marketplace Greg Tuttle Seeing no further interest the public hearing was closed Council member Marlen Garcia requested that the vote be deferred until the next meeting. She thanked the residents for attending and providing their input; it would be taken into account when a decision is made. She said that everyone has choices as to where they dine and that there was already an excessive amount of pharmacies in the city. With regards to In -N -Out she said that they have been good community partners and the City was grateful, but they had not proposed any new establishments. She reiterated that the Council's action would not abolish existing drive - through establishments. Other options in place of drive- thoughs would be provided and that the action taken was for the benefit of the youth in the community. Mayor Lozano stated that if this went into effect, there would be a 45 day moratorium and the matter would be further researched. Assessments and evaluations would be made Councilmember Rubio said that all comments were heard and taken into consideration, and that she wanted to talk to business owners, as she knows that they could being effected. She reminded the public that she and her Council colleagues were listening to their concerns Mayor Pro Tern Pacheco inquired if there was any impact to existing businesses. Community Development Manager Castagnola said that all existing businesses would be able to continue operating. Mayor Pro Tern Pacheco thanked those who spoke and offered their opinions Motion: Adopt on first reading Ordinance No. 1333 entitled, "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, ADOPTING A CITYWIDE MORATORIUM ON DRIVE- THROUGH FACILITIES 1 ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF." Moved by Councilmember Marten Garcia, seconded by Mayor Lozano. CONSENT CALENDAR Motion: Approve Consent Calendar with the exception of Items S, 9, 10 and 11 Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. Page 5 of 10 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MAY 19, 2010 - JUNE 2, 2010 City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the regular meeting of April 21, 2010 and the special meeting of May 5, 2010. 4. CLAIM REJECTION City Council rejected the claim of Maria Juarez and direct staff to send the appropriate notice of rejection to the claimant. 5. CITY TREASURER'S REPORT - APRIL 2010 City Council received and filed. 6. MONTHLY FINANCIAL REPORT - APRIL 2010 City Council received and filed the monthly financial report for the period ended April 2010. 7. RESOLUTION NO. 2010 -018 AND LETTER OF OPPOSITION TO SB 1070 City Council waived further reading, read by title only and adopted Resolution No. 2010 -008 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENOUNCING ARIZONA'S ANTI - IMMIGRATION LAW, SUSPENDING OFFICIAL TRAVEL TO THE STATE OF ARIZONA AND DIRECTING STAFF TO REFRAIN FROM DOING BUSINESS WITH ANY COMPANY BASED IN ARIZONA UNTIL SB 1070 IS REPEALED" and directed staff to send a letter of opposition to SB 1070. The following items were Pulled by Mayor Pro Tem Pacheco for separate discussion: 8. AWARD A CONTRACT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON RAMONA A, 1 -605 TO FRANCISQUITO AVENUE, FEDERAL PROJECT NO. ESPL -5323 (018) - FTIP NO.. LAES411 TO SULLY - MILLER CONTRACTING COMPANY IN THE AMOUNT OF $833,411 Mayor Pro Tern Pacheco stated that he had spoken with staff regarding his questions and deferred to CEO Singhal for the amendment to the recommendation. CEO Singhal read the amendment as follows, "any individual change orders exceeding $5,000 would require Council approval unless they were emergency in nature, in which case it would be approved Page 6 of 10 by the CEO with notification to Council." Mayor Pro Tern Pacheco noted that emergency items such as utility breakages or auto accidents were exceptions, but not anything that would include design changes or work orders over $5,000. This amendment would also be applicable to Item #10. Motion: Approve as amended, 1) award a construction contract to Sully- Miller Contracting Company in the amount of $833,411; and 2) authorize the Mayor to execute the agreement; and 3) any individual change orders exceeding $5,000 would require City Council aprpoval unless they were emergency in nature, in which case, it would be approved by the Chief Executive Officer with notification to Council Moved by Mayor Pro Tern Pacheco, seconded by Councilmember Rubio. 9. AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE RAMONA A - 1 -605 TO FRANCISQUITO ROADWAY REHABILITATION, FEDERAL PROJECT NO. ESPL -5323 (018) - FTIP NO.: LAES411 TO CIVILSOURCE, INC. IN AN AMOUNT NOT TO EXCEED $67,120 Mayor Pro Tern Pacheco requested that this item be moved forward to the next Council meeting. Mayor Lozano made a motion to continue the item; Council member Marlen Garcia asked for clarification from Public Works Director Galvez regarding time constraints. Public Works Direction Galvez reminded the Council that they could award the construction contract but that work could not commence until a construction management contract was in place. It was reported that an expenditure plan had to be submitted to CalTrans by May 20th because the projects were currently considered inactive. He reported that funds needed to be drawn down or the risk of losing funding existed. Mayor Pro Tem Pacheco suggested that some of the construction managmennt items be managed by the Public Works Director and that he had been given a different date by CalTrans that he wanted to discuss with Director Galvez, Director Galvez stated that he and staff would handle those aspects until a construction management contract was awarded. Mayor Pro Tern Pacheco assured Director Galvez that the Council would award a contract to a firm to handle this area of the project. 10. AWARD A CONTRACT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON RAMONA B, FRANCISQUITO AVENUE TO MERCED AVENUE, FEDERAL PROJECT NO. ESPL -5323 (019) - FTIP NO.: LAES411 TO PAVEWEST CONTRACTING COMPANY IN THE AMOUNT OF $1,261,335 Motion: Approve as amended 1) award a construction contract to PaveWest in the amount of $1,261,335; and 2) authorize the Mayor to execute the agreement; and 3) any individual change orders exceeding $5,000 would Page 7 of 10 require City Council aprpoval unless they were emergency in nature, in which case, it would be approved by the Chief Executive Officer with notification to Council Moved by Mayor Pro Tern Pacheco, seconded by Councilmember Rubio. The following item was pulled by Mayor Lozano for separate discussion: 11. AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE RAMONA B - FRANCISQUITO AVENUE TO MERCED AVENUE REHABILITATION, FEDERAL PROJECT NO. ESPL -5323 (019) - FTIP NO.: LAES415 TO WILLDAN ENGINEERING IN AN AMOUNT NOT TO EXCEED $101,740 Mayor Lozano asked that this item be tabled until the next meeting. He inquired of City Attorney Pannone if other recommendations could be made. City Attorney Pannone answered that yes, the Council could make a recommendation for a different firm than what was recommended by staff, with an explanation as to why. Mayor Pro Tern Pacheco concurred with Mayor Lozano to table this item as well as Item #9. There were no objections. REPORTS OF OFFICERS 14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, AND A RESOLUTION BOTH RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS Chief Hadsell presented the report. Mayor Pro Tern Pacheco inquired about the fee structure and company alarm permit fees. Chief Hadsell reported that there would be an annual fee charged to the company and to the user. She further reported that there were no alarm systems that went directly into the Police Department and that the hope is that people would become responsible alarm users. Council member Rubio requested clarification on fees paid by the alarm companies and fees paid by residential users. Lt. Reynoso stated that the alarm company pays the fee if it monitors a commercial or residential location. If there is no monitoring, the alarm owner pays the fee. Mayor Pro Tern Pacheco asked the Council to consider a second tier for residents that would be half of the recommended fee. Motion: Add a second tier for residents which would be half of the recommended rate on Resolution No, 2010 -017 Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco. Motion: Waive further reading, read by title only and introduce for first reading Page 8 of 10 Ordinance No. 1329 titled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS." Moved by Mayor Lozano, seconded by Mayor Pro Tem Pacheco. Motion: Waive further reading, read by title only and adopt Resolution No. 2010 -017 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED TO ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS" with amendment to include a second tier for half the rate for residential Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. CITY COUNCIL 1 CITY CLERK f CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion on the following: 1) Discussion on Waste Management's "The Bagster Bag" as an alternative to trash bins for home and business use; Mayor Lozano asked Teri Muse to bring a Bagster bag, which was an less expensive alternative to a Dumpster, to the next Council meeting. 2) Follow up on shopping center at Ramona and Baldwin Park Boulevards related to continual trash accumulation, business owners 1 management input and solutions; Mayor Lozano inquired if citations had been issued at this site. CEO Singhal reported that $23,000 worth of citations have been issued so far with daily citations to follow if corrective action was not maintained. Manager Castagnola reported that Code Enforcement had conducted two rounds of citations for non - compliance of several codes. 3) Discussion and update on a citywide water conservation plan Mayor Lozano asked that staff work on this in collaboration with the School District and the Valley County Water District Water Board for a citywide policy and to make sure that we stay on the forefront of this matter Council member Marlen Garcia reported on her attendance to the Foothill Transit Board meeting where they reviewed the Fiscal Year 2011 service reductions that had been approved by the Governing Board. She spoke about a proposed fare increase and noted that they would not be increased for seniors, disabled or Medicare Local individuals She requested that the recipients of the Jean Marie Carpenter scholarship be invited to the next City Council meeting for recognition. Lastly, she commended Chief Hadsell, Lt. Reynoso and the Police Department Page 9 of 10 for the extra foot patrol at Morgan Park. It went towards the Council's request of more community policing and noted citations that had been issued for drinking, smoking and loitering, Council member Rubio echoed the comments of Council member Marlen Garcia with regards to the increased patrolling and noted that it had been mentioned to her by several residents. Mayor Pro Tern Pacheco spoke about the success of the St. John's Festival and asked the the King & Queen be brought to the next Council meeting for recognition. He also congratulated St. John's for winning a Southern California Edison award and lastly thanked Waste Management for their participation at the festival. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Teresa Martini at 9:15 p.m. Approved as presented by the Council at their meeting held October 20, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 10 of 10 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, OCTOBER 06, 20'10 6:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ 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 ROLL CALL Present: Council Member 1 Member Monica Garcia, Council Member 1 Member Rubio, Mayor / Chair Lozano. Absent: Council Member / Member Marlen Garcia, Mayor Pro Tem / Vice Chair Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -059 Henry H. and Kao Chang 4212 Maine 8437 -004 -060 J &J Warehouse Co. 1 Newman Tek Capital 14417 Ramona 8437 -004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -063 J &J Warehouse Co. l Newman Tek Capital NIA 8437 - 004064 J &J Warehouse Co. l Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. 1 Newman Tek Capital 14519 Ramona 8437004 -066 J &J Warehouse Co. 1 Newman Tek Capital 14483 Ramona 8437004 -067 J &J Warehouse Co. 1 Newman Tek Capital 14455 Ramona 8437- 004 -068 Bank of America 14401 Ramona 8437- 004 -069 J &J Warehouse Co. 1 Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 -001 -806 NIA 8554 -001 -807 NIA 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 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9 (b) One (1) Case* *Subsequent need item added October 6, 2010 RECONVENE IN OPEN SESSION Reconvened in open session with Council Member I Member Monica Garcia, Council Member / Member Rubio, Mayor Pro Tern / Vice Chair Pacheco and Mayor 1 Chair Lozano present. The meeting remained in recess until the adjournment of the City Council / Community Development Commission meetings. At 9:45 p.m. they went back into closed session REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 10:15 p.m. Approved as presented by the Council / Commission at their meetings held October 6, 2010. Laura M. Nieto, CMC Deputy City Clerk MINUTES CITY OF BALDWIN PARK e\ WEDNESDAY, OCTOBER CITY COUNCIL _ »f. _ 06, 2010 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 CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER Mayor Lozano called the meeting to order and announced that the Council l Community Development Commission would recess back into closed session at the adjournment of the regular City Council meeting Ii!Ii►►LSIN, %110]i•1 Led by Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano closed in memory of Maria Juarez, Baldwin Park resident City Treasurer Contreras closed in memory of Augustina Alderete, wife of a Water Board Member 1 Council Member from La Puente Mayor Lozano also closed in memory of Charles Victa, employee of the Recreation & Community Services Department and requested that a letter of condolence be sent on behalf of the City Council Council Member Rubio spoke about the death of Tyler Clemente who had taken his life after being bullied Present: Mayor Lozano, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tern Pacheco. Absent: Councilmember Marlen Garcia. Also Present: Chief Hadsell, City Treasurer Contreras, City Clerk Avila, Deputy City Clerk Nieto, Recreation & Community Services Director Carrillo, City Attorney Pannone, Community Development Page 1 of 12 Manager Castagnola, Public Works Director Galvez, Chief Executive Officer Singhal, Finance Director Quijano. Council Member Marlen Garcia was excused PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Introduction of Domestic Violence Advocate Cynthia Valdez and proclamation proclaiming October as Domestic Violence Awareness month in the City of Baldwin Park Council Member Monica Garcia spoke about the newly appointed Domestic Violence Advocate who would be working with domestic violence victims and helping them through the process, She recognized the efforts of Chief Hadsell and said that the Council had unanimously approved this position. Council Member Monica Garcia read the proclamation Chief Hadsell introduced the newly appointed Domestic Violence Advocate Cynthia Valdez, Ms. Valdez thanked the Council for the opportunity to make a difference in the community. Chief Hadsell also introduced Domestic Violence Detective Armando Lopez and two representatives from the Covina Woman's Club, Domestic Violence Advocate Coalition Kim Plater & Alice Slaughter. Ms, Plater and Ms. Slaughter presented a Certificate of Award to Domestic Violence Advocate Valdez and a $300 cash donation to the program. She shared that they were there to support the program. Council Member Monica Garcia also acknowledged Darby Manjin, also with DVAC and NOW for meeting with both she and the Chief over a year ago to speak to them about bringing them information to initiate this program. She also thanked the Council for their support Council Member Rubio announced an upcoming tree planting event and invited the public to attend Administration of Oaths of Office & Certificates of Appointment to newly appointed and re- appointed City Commissioners (Agenda amended 1014 to include this presentation) Mayor Lozano administered the Oaths of Office to the newly appointed and re- appointed commissioners PUBLIC COMMUNICATIONS Joe Seay, representing the Seay family requested that he continue receiving the Planning & City Council agendas. He spoke about AZC -169 and the detriment it would have on potential businesses and that it might discourage individuals from bringing their businesses to the city. He also stated his family's opposition Ordinance 1290 Mary Seay, representing the Seay family spoke about AZC -169 and the CUP process and costs. She also spoke about the conditions that would be imposed if Page 2 of 12 AZC -169 were put in place James Hunley, spoke about his recent arrest and the heat stroke he suffered; he spoke about domestic violence being related to financial issues that could potentially be caused by a car being towed and subsequently impounded Ms. Trujillo, thanked the Council for their interest in improving the check point policy in the City of Baldwin Park and spoke about the stories that people shared about their cars being impounded. She spoke about the intentions of the City Council in serving the best interests of the residents Ken Woods, resident and business owner asked for clarification the Council's opinion of SB 1070 being wrong but that the Police Department stopping to check licenses of citizens and non - citizens was not Baldwin Park resident (name not stated) spoke in favor of checkpoints and that modifications needed to be done. If there are issues with the towing companies, that needed to be looked into as well. The most important thing was the residents of the City of Baldwin Park and that the laws should be enforced for the safety of the community members Pamela Aldorango and her husband shared that she was the victim of a drunk driver and asked that the checkpoints continue Art Gamboa, man who videotaped the alleged unconstitutional check point on Baldwin Park Boulevard, spoke about the safety hazards that the checkpoints could potentially create Greg Tuttle, business owner spoke about the lack of statistics that show that checkpoints stop drunk drivers; commented on the Chief of Police and the Police Department and about vehicles being impounded and sold to generate revenue for the city Teri Muse, representing Waste Management reported on the success of the hazardous waste round up and thanked staff for their efforts Fernando Cortez, resident spoke about the reinstatement of the checkpoints and the impacts that car impounds had on children. He understood taking the cars of those who drove drunk but he needed his car for work. He spoke about the benefits that Royal Coaches received from the checkpoints Luisa Moreno, resident asked the Council for help regarding graffiti on the walls near the train, saying that it was a bad image for the city and that it sent a bad image to the youth. Mayor Lozano asked that staff obtain her information to look into the issue. Baldwin Park resident (name inaudible) said that he was the victim of a checkpoint and was stopped for no reason. He did not have a driver license but had two forms of identification. He was arrested and told that his fingerprints were going to be checked and said he was in the Police Department for an extended period of Page 3 of 12 time. When he received the impound report negative comments were allegedly made by a Police Officer and that Officers possibly needed classes in humanity. Checkpoints should be to take drunk drivers off the street David Muse, resident complimented the Police Department on the checkpoints. In reference to comments made by a previous speaker related to the number of drunk driving arrests, he stated that even one arrest was significant. Checkpoints are announced in advance so people know where they are and it was the law to have a driver license John Rios, resident said that his son was pulled over because a transparent American flag was covering the break light and that he also received a ticket for seat belt. He expressed the opinion that police were taking advantage of their badges and that Foster and Frazier should have a four -way cross walk Raul Martinez, resident expressed his opinion on the checkpoints and that after reviewing staff recommendations, asked Council to reinstate them. He wanted to see the city move forward and spoke about people doing things in the city because they were struggling. He wanted to see everyone play by the rules and said that in those situations, this was not the Baldwin Park he wanted to live in Mario Masciel, resident spoke about an incident he had experienced with checkpoints and that he had assisted a family who had had their car towed. He expressed the opinion that the DMV should not refuse a drivers license to someone who does not have a valid social security number Cecelia Lee, business owner expressed her opposition to drunk drivers and alleged that personal property was being stolen from vehicles and sold. She supported checkpoints to stop drunk drivers Rita Garcia, resident spoke in favor of checkpoints. She said that individuals from other countries are living here and need to have a valid license and that if someone else in the car has a license, to let them drive. She reiterated that the laws needed to be obeyed Cruz Sembello, resident said she understood that people know that they cannot drive without a license and that maybe checkpoints will help. The issue is how they are being towed and how long they are being impounded for and asked if it was something that is helping the community Closed at 8:13 p.m. Mayor Pro Tern Pacheco said that the issue of checkpoints would be addressed Mayor Lozano referred to comments made by a speaker regarding the integrity of the Police Officers and said that the residents and taxpayers were the owners of the Baldwin Park Policd Department. He said that the BPPD had always done a phenomenal job. He continued that there should not be any reference to the BPPD being corrupt and asked that the speaker who had made the comments make a formal apology at the next City Council meeting Page 4 of 12 Council Member Rubio said that while members of the public had shared what she hoped were isolated incidents, she did not want to see the reputation of the Police Department tarnished. She wanted to be cautious with the situation because the Baldwin Park Police Department was hardworking and there needed to be respect for what they did CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item 6 Moved by Mayor Lozano, seconded by Councilmember Monica Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF SEPTEMBER 1, 2010 - OCTOBER 19, 2010 City Council approved the preparation and presentation of the plaques, proclamations, and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the special meeting of September 1, 2010. 4. CLAIM REJECTIONS City Council rejected the claims of Joanna Robles and Roberto Diaz and directed staff to send the appropriate notices of rejection to the claimants. 5. BIENNIAL REVIEW AND APPROVAL OF RESOLUTION ADOPTING THE CITY'S CONFLICT OF INTEREST CODE City Council waived further reading, read by title only and adopted Resolution No. 2010 -045 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE CITY'S CONFLICT OF INTEREST CODE. The following item was pulled by Mayor Pro Tem Pacheco for separate discussion. 6. AWARD A CONTRACT FOR THE CONSTRUCTION OF THE PROP 113 CITYWIDE STREET IMPROVEMENTS PROJECT - PHASE I TO COPP CONTRACTING, INC. IN THE AMOUNT OF $823,496 Mayor Pro Tem Pacheco asked Director Galvez to comment on the error made on the bid. Director Galvez reported that a gross mathematical error was made by the contractor and they themselves had asked to be disqualified via a written letter on the day of the bid opening. He also spoke about the proposed work that would be done on this project, including some speed humps near primary schools. Page 5 of 12 In response to an inquiry by Council Member Monica Garcia, Director Galvez reported that the humps would be installed before Thanksgiving and reported some of proposed locations. In the interest of time, Council Member Monica Garcia asked that the map and list be forwarded to the Council so they would know the locations and timeline. Council member Monica Garcia asked if it was common for the ten percent threshold to be applicable for this type of project and asked her Council colleagues if they wanted to reduce the authorized change order amount to 5% with anything above that amount to come before Council. There were no objections. Motion: 1) declare the apparent low bid by Elite Bobcat Service withdrawn due to the bid containing a gross mathematical error; 2) award a Construction Contract to Copp Contracting, Inc. in the amount of $823,496; 3) authorize the Mayor to execute the agreement; and 4) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed five percent 5% of the original contract, as amended Moved by Mayor Pro Tern Pacheco, seconded by Mayor Lozano. SET MATTERS - PUBLIC HEARINGS 7. CITY COUNCIL CONSIDERATION AND ADOPTION OF RESOLUTION NO. 2010 -044 IN SUPPORT AND APPROVAL OF AN APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Chief Hadsell presented the report, stating that these funds would be used for a computer upgrade in the Police Department. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest the public hearing was closed Motion: 1) approve the appropriation of money granted by the Recovery Act Edward Byrne Memorial Justice Grant (JAG) Program in the amount of $31,624 to perform a computer upgrade to the police department and 2) waive further reading, read by title only and adopt Resolution No. 2010 -044 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SIGN THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT." Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco. 8, AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO REVOKE A CONDITIONAL USE PERMIT (CP -659) THAT ALLOWS MANNED RECYCLING FACILITY IN CONJUNCTION WITH A GROCERY MARKET WITHIN THE C -2, GENERAL COMMERCIAL ZONE; LOCATION: 14103 RAMONA BOULEVARD; APPLICANT: SHAHRYAR HASHEMI; CASE NUMBER: CP -659 City Planner Harbin presented the report Mayor Lozano opened the public hearing for those wishing to speak in favor: Page 6 of 12 Sean Hashemi, applicant noted that he was present at the first meeting and wanted to work with the City to resolve problems at the site. He said that he had hired a security guard to address some of the issues and that he had given up on the business and up until last week he did not have a solution. He said that he had a company that is willing to work with him to correct the violations and referred to pictures in the folders that he presented. He spoke about the water coming from the 99 Cent Store and referred to photographic evidence that he was attempting to come into compliance. He said he had met with Lt. Bartolotti who recommended the installation of security cameras and that he had a security firm who would be installing cameras if the Council allowed him to continue to operate Jose Correa, resident spoke in favor of the recycling center and the benefit that he received from it. He asked the Council not to close the center Seeing no further interest for those wishing to speak in favor, Mayor Lozano invited any comments from those in opposition. Seeing no further interest, the public hearing was closed. Mayor Pro Tem Pacheco expressed great concern regarding the non - responsiveness of the property owner and the poor condition of the business. He did not appreciate that a business man was keeping the site so deplorable and expressed his disappointment in that staff had been attempting to work with the property owner and that he had been ignoring them. He did not know why the City would want to give him another opportunity to continue operating Mr. Hashemi acknowledged that he had gotten in touch with staff when he learned that he would have someone to pay for the security guard. He expressed that he was willing to keep the property maintained and that he did not have a lot of hope for the future of the business but that he had hope now. Mayor Pro Tern Pacheco asked for him to present his plan to which he responded that there would be a security guard; security cameras and new containers Council Member Monica Garcia expressed her concern with the image of the site and the reflection it had on the community. She understood what Mayor Pro Tern Pacheco was saying, and that she was willing to grant a temporary stay if he would maintain strict guidelines on aesthetics, trash, debris. Mr. Hashemi would have to work with the City Planner and meet very strict conditions for improvements of which should would be open to seeing a status of in the next 30 to 66 days, to which Mr. Hashemi said he could be responsive in the next two weeks if he was allowed to continue operating Council Member Rubio expressed her agreement with her Council colleagues and was concerned about the resources that had been used such as staff time and effort, noticing, etc. It bothered her that he did not take the time to follow up with the city and showed such disregarded of the taxpayers' dollars. She said that she would vote with the Council majority but was saddened that he had not Page 7 of 12 responded to the City's outreach Mayor Lozano displayed pictures that had been provided to the Council and classified them as substandard and unsanitary. Mayor Lozano expressed that he would like to uphold the decision of the Planning Commission and staff and said that the City was attempting to change its image and this type of situation was detrimental to the community Mayor Pro Tom Pacheco spoke about the conditions for workers and patrons and expressed his agreement with Mayor Lozano to uphold the decision of the Planning Commission and staff Motion: Adopt Resolution No. 2010 -043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DECISION TO REVOKE CONDITIONAL USE PERMIT NO. CP -659 THAT ALLOWED A STAFF RECYCLING FACILITY IN CONJUNCTION WITH A GROCERY MARKET IN THE C -2 COMMERCIAL ZONE; LOCATION: 14130 RAMONA BLVD.; CASE NO.: CP- 659." Moved by Mayor Pro Tern Pacheco, seconded by Mayor Lozano. 01.4 00old 141R 9. SOBRIETY 1 DRIVERS LICENSE CHECKPOINTS Chief Hadsell, Captain Taylor, Lieutenants Bartolotti, Cowan, and Reynoso presented the report to the Council Council Member Rubio thanked the Police Department for their efforts on this item and commended them for being a hard - working staff Mayor Pro Tom Pacheco thanked staff for the great job they did in presenting the information to the Council and the public. The issue that was in place needed to address the length of time that a vehicle was impounded. Chief Hadsell cited the section of the policy. Mayor Pro Tom Pacheco asked how the city was accounting for the vehicles and what type of record - keeping was being done to track the cars Chief Hadsell said that this was not in the policy. Lt. Reynoso stated that the department kept track of the release of the vehicle and that there were itemized reports. Captain Taylor said that all vehicles are tracked through a database that is accessible to all law enforcement. From the time the vehicle is impounded to the time it was released, is tracked. There is a form that takes an inventory of the vehicle as it was taken to custody. Mayor Pro Tom Pacheco again inquired about an inventory list and asked if it was maintained by the towing company when it went to lien sale. He asked if the Police Department was involved in this process to which it was reported that the tow company keeps track of the lien sale. It was also reported that not Page 8 of 12 all vehicles released are picked up the same day. Chief Hadsell reported that spot audits were conducted approximately once every two months. Mayor Pro Tem Pacheco expressed his concern regarding the terms of the towing contract with Royal Coaches Chief Hadsell reported that the tracking was done internally and that when vehicles go to Royal Coaches, the City gets an accounting from the company. Mayor Pro Tem Pacheco wanted to know if the Police Department cross- checked the vehicles and the lien sales. He also asked what happened to the personal property that was left in the cars. Lt. Reynoso said that the owner does have access to the vehicle and can go to the tow yard. In response to an inquiry from Mayor Pro Tem Pacheco, it was reported that when the car goes to lien sale, the contents also become the property of the tow company. Chief Hadsell said that the policy had also been amended to include a more stringent policy to let individuals remove small objects such as cell phones Mayor Pro Tem Pacheco asked what type of media outreach was done to which Lt. Reynoso said that notices of checkpoints are sent to the San Gabriel Valley Tribune for publishing. The new policy said that the notices would also be posted in the bulletin board outside of the Council Chamber. Mayor Pro Tem Pacheco wanted to see the notices posted on the city's website as well as in some Spanish language news outsets. In responding to an inquiry from Mayor Pro Tem Pacheco, Lt, Reynoso said that the hours of operation for a checkpoint were mandated by the Office of Traffic Safety (OTS) and could begin no earlier than 6 p.m. and end by 2:00 a.m. Council Member Rubio expressed the need to be responsive to the residents, in particular on the duration of the impound. She pointed out that the new policy addressed one of the key points of having a licensed driver and that the oversight and training was addressed as well. She noted that help would be provided to individuals who needed assistance getting home. She thanked the Police Department for addressing those concerns. She also asked that the Police Department meet with the tow company to discuss and resolve certain issues. At this point a lot of allegations were hearsay but she wanted to explore the discussion Council Member Monica Garcia reiterated the comments of Council Member Rubio noting that when she was first contacted about a policy, she felt that it should be one that promoted public safety first and foremost and that was also fair to residents. She said that she was satisfied with what staff had presented Page 9 of 12 and thanked them for their efforts. She continued that she was very sensitive to the allegations of mistreatment, and that the Council did not support any type of discrimination but wanted to find a policy that was sensible to the community and promoted public safety. She supported the checkpoints not to prey on the vulnerable and that her heart went out to those effected because she was compassionate to those who have worked to improve the situation of themselves and their families. She said that the Council was looking at what was in the best interest in the community and they were taking proacative measures to promote public safety. In speaking about drivers who are under the influence or drivers who have lost their licenses for past offenses, this is what the checkpoints were in place for. She spoke about the unfortunate event of a man who lost his legs when he was hit by a drunk driver. She had to balance all of the facts when making her decision. She felt that the proposed policy addressed the issues and brought them to a place that they could all live with. A significant change in the policy related to the duration of the impound based on the offense and having a licensed driver to drive. She spoke about the indiscriminate formula that would be used; that the Police Department would offer assistance to those who were effected and changing the duration of the impound. She strongly believed in the longer impound for drunk drivers and this is a policy that she could live with and support. She'll continue to address the issues that may come up and they've taken measures to prevent deviations. Council Member Rubio also commented about the policy addressing the locations of the checkpoints (not near schools, churches, etc.) and that with training they were going one step further. She clarified that the issue of additional training did not mean that they felt the officers needed more training these new trainings would include things such as cultural diversity. Mayor Pro Tern Pacheco asked that this be deferred so that he could digest the revised staff report; Council Member Rubio said that this was an important issue and wanted the public to be aware of all information that was provided to the Council Mayor Lozano spoke about the negative comments that had been made. He again said that he hoped there would be a formal apology for allegations that were made against the Police Department He noted that Royal Coaches had been in town since 1 973 and that they give back to the community. It's unfortunate that there will be maligned. Mayor Lozano expressed his opinion that if Jerry Brown is elected as Governor, he'd sign legislation to give illegal aliens the right to get driver license. Continuing, Mayor Lozano said that it was a privilege in the state of California to have a drivers license and that he had empathy for those who do not have or could not get their licenses. He shared a personal story about a man who Page 10 of 12 changed his mode of transportation due to his car being impounded for being unlicensed. Mayor Lozano continued that many would not like the position that the Council was taking but that it was an amicable solution. He said that the state would not prosper without immigrants and thanked all who came to speak at the August meeting. He said that the law was the law and with people travelling through Baldwin Park due to freeway construction, the Council had to secure the safety of every person in the community regardless of their status. The law had to be upheld and not circumvented and the Council was doing what they were elected to do. They did not come into these positions to please everyone. Council Member Rubio asked that the report be translated to Spanish and placed on the City's website By Council consensus the item was moved forward to the next meeting 14. APPROVAL OF A DESIGN FOR THE PUBLIC TRANSIT FLEET Motion: Table Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco, 11. APPROVAL OF THE CONCEPTUAL DESIGN FOR THE CITY ENTRY MONUMENT AND AUTHORIZATION TO FINALIZE DESIGN Motion: Table Moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco. In response to an inquiry from Council Member Rubio, Director Galvez said that there were no timelines or time constraints with Labeling the item CITY COUNCIL I CITY CLERK / CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS * Request by Councilmember Monica Garcia for discussion on the following: Council discussion and direction on a policy related to cooling centers in the City of Baldwin Park Council Member Monica Garcia requested that this item be tabled to the next meeting. There were no objections. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Maria Juarez, Augustina Alderete and Charles Victa at 9:45 p.m. The Council then recessed back into closed session of the City Council and Community Development Commission. Approved as presented by the Council at their meeting held October 20, 2010. Page 11 of 12 Laura M. Nieto, CIVIC Deputy City Cleric Page 12 of 12 veReu BALDWIN P , A , R , K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK CITY COUNCIL AGENDA OCT 2 14 ITEM N0. AGENDA STAFF REPORT Honorable Mayor and City Council Members Shama P. Curian, Senior Human Resources Analyst 0 October 20, 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 claims by order of a motion and that the claimants are sent written notification of said action. RECOMMENDATION Staff recommends City Council reject the claims of Cesar Diaz, Wendy Jolie, Michael Rodriguez, and Richard Ligon and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Diaz, Cesar DOL: 8/21/2010 • Jolie, Wendy DOL: 9/19/2010 • Rodriguez, Michael DOL: 8/14/2010 • Ligon, Ricardo DOL: 8/07/2010 viaw A BALDW t N I' -A IL K ;ITY OF BALDWIN PARK CLAIM FOR DAMAGES E IJ-i: °` -I ± S0i_j f,, TO PERSON OR PROPERTY INSTRUCTIONS fl€ '1. READ CLAIM THOROUGHLY, 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 • ALL OTHER CLAIMS FOR DAMAGES MUST 13E FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. {GOVERNMENT CODE SECTION 911.2 .zZ�:a�..� S t-?EPT,N, SEP I L� a C[erk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Nave of Claimant E Claimant's Occ? pation d 2. Home Address of Cla a 631 Q d �Ul � 47Ak 6. Ha e Tele hone Number 62 �l a 3. Business Address of Claimant 7. Business Telephone Number 8. N me and addr ss to which you desire notices or communicati ns to be en# regarding this claim: %G D� ra Say: & r' yL 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: --21- 2 10 Time: ID-2q Name Depqrtment If clai Im for Equitable Indemnity, giv date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? Z fe se h -;t I 1 1, 12 Describe in detail how the DAMAGE or INJURY occurred. - ` " 2 4 i/e r' L % C wF th Ise_ , ere police or paramedics called? Yes G2' No El 14. if physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes I' No ❑ name, address and phone numbe ; If yes, what is the Report No? i7 3, 160 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date? ' 16. Total amount of claim to date: $ it __ Basis for Computation: Limited Civil Case: g Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: � ao Basis far Computation: 1 , i` &- 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name AliJa _�l ®S Address 6r17' W, a2.2� Phone f314AA, - �l Nameo4l?,�l. / Address 2 r Phone. G)3-Y ig�( 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I hereby codify (or declare) under penehy of perjury under the laws of the state of caiiiernia that the foregoing is true and correct to the best of my knowledge. i�119 C� � 1 z _- Signature Relationship to Claimant Printed Name Date Note: Presentation Of a false claim is a feiony (venal L;oae section id) GO Form 1 (Rev [r• r%1 M & Forr -stLL kn fc, Panu'_s Fwm CC t REv 7.OGe -i 4`c'-W ra IR CITY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES P • A • R • K TO PERSON OR PROPERTY INSTRUCTIONS 1, READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 SEP ; 9 2(1f1, 01TV F €ling Stamp To: City of Baldwin Park 4 & pfs ante off Birth cif �inor) 1. Name of Claimant 5. Claimant's Occupation 2. Home Address of Claimant 6. Home T 'le hone Nu ber 13 3 3. Business Address of Claimant 7. Business Telephone Number 1. -) (\ fl I< b _71& , )_ DS- 04 8. Name I adress to which you desire notices or communications to be sent regarding this claim: 9. When did DAMAGE or INJU Y occur? 10. Names of any City employees involved in INJURY or t7AMAC�,j p_ Date: = L�• t Time: V . ';'N I I A ' , aMe Deat�t'`�, If claim is for quitable Indemnity, give date claimant �` served with complaint: (2 F >i _c_e A- C_iz_2 c) L-ue_ o r ;_ 11. Where did DAMAGE or INJURY occur? ` 12. Describe in detail how the DAMAGE or INJURY ocd�urred. -,, V .1 0�� � 13. Were police or paramedics called? Yes ❑ No -�k 14. if physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes ❑ No 11 name, address and phone number: If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is resFonsible. (Please be specific --Use additional sheet if necossary) ko \,�e -0 �r ��- ,, vrvu �� �- Tou�LII.� Paws 15. List damages incurred to date? q-e ,> ` • tit fie) A Z) 16. Total amount of cl im to date: $ � 0(,r bb Basis for Computation: ��170 Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17, Total amount of prospective damages; $ Basis for Computation: % Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to hat information: Name c, Z�Address Z 5-1 0-4• V Z 1 9 It -0 Phone 6 I 139T r_) Name ' b 'I V- f ID Address 3'1 v-o -� S- t (hone 0-4 11Zi t-116 19. Signature of Claimant or person filing do claimant's behalf, relationship to claimant and date: l hereby certify (or declare) under penalty of perjury under the laves of the state of California that the foregoing is true and correct to the best of my knovrledge. Signature Relationship to Cla €mant Printed Name Date Note: Presentation Of a false claim is a felony (Penal Code Section 72) GC Form 1 (Rev 7106) �1SERLi5 TlCisycierkvadminis [ra[ionlProcedurea & Formsivaim for Damages Form= Rev 7.06.doc rr SEPT.27,2010 CITY OF BALDWIN PARK YOUR HONOR, MY NAME IS WENDYJOL[E RESIDENCE HERE IN BALDWIN PARK.1 WANTTO REPORTTHE TWO OFFICER FOR THERE ABUSING THE POWER AND FOR PARKING OFFICER NAME MS.AMY WHATLEY FOR ILLEGAL TOWING OF MY CAR AND SHE LIED TO US.ALSO FOR POLICE OFFICE ACUNA HE DID NOT PROTECTTHE PRIVATE CITIZEN INCLUDING THE CHILDREN INVOLVED TO WITNESS HOW THE OFFICER VERY RUDE AND TREATING US LIKE CRIMINAL INFRONT OF OUR AND THE PEOPLE LIVED ON THAT AREA. LASTSEPT.19,2010 WE FINISH OUR CHURCH LOCATED @3260 MAINE AVE.BALDWIN PARK(CHURCH OF CHRIST.EGLESIA NI KRISTO)AROUND 10:45.1 SAW MY SISTER (GRACE BARNUEVO)AND HER PARTNER JESSE LANUZA CUDDLING MY NIECE(1YRS.OLD ALSO SPECIAL CHILD)TALKING TO PARKING OFFICER MS.WHATLEY.I INVOLVED MYSELF BECAUSE THE SIENNA TOYOTA VAN CAR IS MINE([M THE ONE PAYING THE CAR PAYMENT ALSO THE CAR INSURANCE)[ ASKED OFFICER WHATLEY WHAT'S GOING ON.SHE TOLD ME(WHATLEY)SHE NEED TO TOWED THE VEHICLE,[ ASKED HER WHY? ACCORDING TO HER NO REGISTRATION SHE RUNNED HER COMPUTER THEY DID NOT SHOWED UP THE REGISTRATION.[ EXPLAIN TO HER I PAID SINCE LAST YEAR 2009 AND THE EXPIRATION IS ON NOV.2010.BUT SHE INSIST SHE NEED TO TOWED. I SURPRISED BECAUSE I SEE THE TOWING TRUNK COMPANY ARRIVED ON THE STREET.WE REALLY SURPRISED AND I TOLD HER(WHATLEY)WE DID NOT VIOLENCE PARKING I INSIST HER AND WE BEGGING HER NOT DO TO BECAUSE WE CANT AFFORD TO PAY THE TOWING COMPANY.EVEN OUR CHURCH MEMBER BEGGING MS.WHATLEY NOT TO TOWED INSTEAD JUST GIVE US TICKET.THEN IM FRUSRATED THEN I SIT ON TOP OF THE CAR HOOD.[ TOLD THEM IM NOT COMING DOWN,[ DNT WANT TO TOWED MY CAR BECAUSE WE BELIEVE ITS ILLEGAL TOWING EVEN THE POLICE OFFICER ACUNA TOLD ME TO GO DOWN BUT I ASKED HIM WHAT IS MY VIOLATION ?HE SAID TO ME IF IM NOT GOING DOWN IN THE HOOD OF MY CAR HE WILL ARREST ME AND PUT HIM IN THE POLICE PATROL CAR,I KEEP ASKING HIM WHY ?SO MY CHURCH MEMBER TALKED TO THEM WHY ARE VERY EAGER TO TOWED THE CAR ?WHY NOT THE TICKET ?MS.WHATLEY INSIST BECAUSE THE CAR IS NOT REGISTERED IN DMV AND I EXPALIN AGAIN.THEN SHE SAID:IF WE CAN PROVE THATTHE VEHICLE IS REGISTERD I CAN GET MY CAR IN THE TOWING COMPANY OF NO COST.EVEN THE POLICE OFFICER TOLD US SAME WHAT WHATLEY SAID. THAT IS THE TIME I GO DOWN IN MY CAR.ALL MY KIDS CRYING(I HAVE 5 KIDS)THEY WITNESS HOW THE OFFICER VERY RUDE AND NO CONCIENCE AT ALL,IS THIS THE EXAMPLE OF THE POLICE RIGHT NOW ?THEY DON'T EVEN THINK THERE WEARING PUBLIC OFFICIAL UNIFORMEDI THEN MY SISTER(GRACE BARNUEVO)WENT TO DMV TO GET THE PROVE THAT OUR VEHICLE IS REGISTERED.THEY WENT TO BALDWIN PARK POLICE AND THEY SPOKE TO LIEUTENANT JOE BARTOLOTTI AND SHOW THE PAPER CAME TO DMV.THEY EXPALIN TO HIM,WE NEED THE VAN BECAUSE I HAVE 5 KIDS PLUS THE BABY.AND SHE EXPLAINT WE NEED THE CAR,MY NIECE HAVE A LOT OF DOCTOR APPOINTMENT IN CHILDREN HOSPITALS.LIEUTENENT BARTO LOTT[, INSIST THAT THE DMV IS ONLY COLLECTING THE MONEY,HE INSIST TO MY SISTER THAT THE PAPER CAME FROM DMV IS NOT ACCURATEITHEN SHE CALL ME TO MY WORK AND TOLD ME WHAT LIEUTENT BARTOLOTTI SAID. ON SEPT .29.,20.0.1 WENT TO DMV MYSELF TO CLARIFY THE REGISTRATION.THE LADY WHO WORKED IN THE DMV GOT MAD ON ME BECAUSE I TOLD HER,ACCORDING TO LIEUTENANT BARTOLOTTI IS NOT ACCURATE THEN SHE GAVE ME THE PAPER AGAIN WITH TRACKING PAYMENT OF MY CAR.I GO MYSELF TO LIEUTENANT BARTOLOTTI BUT'HE TOLD ME SAME WHAT HE SAID TO MY SISTERME KNOW WE HAVE NO SOURCE TO GET OUT THE CAR TO PAY MORE THAT $500.AND I INSIST TO HIM MS.WHATLEY DID ILLEGAL TOWING OF MY VEHICLE.RIGHT NOW WE RECEIVED LETTER CAME FROM TOWING COMPANY THAT MY CAR WILL BE SELL ON OCT. YOUR HONOR WE WRITE THIS LETTER FOR GRIEVANCES,WHY THIS PUBLIC OFFICIAL ABUSING THERE POWER .WE LIVED HERE IN AMERICA AND PAYING THE TAXES AND WE OBEY THE LAW.BUT IF THIS KIND OF OFFICIAL LEAD IN OUR COMMUNITY MORE AND MORE WE SUFFERED ESPECIALLY IF THEY WANT TO PROTECT OTHER BUSINESS THAN TO PRIVATE CITIZEN. PLEASE DO THE ACTION REGARDING ABOUT THIS PROBLEM.WE DID NOT VIOLENCE ANY PARKING LAWS DURING THE TIME WHEN THE PARKING OFFICER WHATLEY TOWED MY VEHICLE. RESPECTFULLY YOURS m 49 1 - FORM � � �'Z- Cc, - -7- o 9 C 9 c1 2 c� 0 0 �A'o � L c. R �� cr 5' I G,,,gR-c .eve T � -Q"j { To the official government Your Honor, The reason for this letter is to confirm that on September 19, 2010, we witnessed the towing of a Toyota Sienna in front of the Church of Christ (3260 MAINZ: AVE.BALDWIN PARK CA 91706) which is owned by Ms. Wendy Jolle. We have known Ms. Wendy Jolle for ­years as a member of the Church of Christ. We, the witnesses, asked the parking enforcement Officer Whatley why she needed to tow the car. According to Officer Whatley, the vehicle was not registered by the DMV when she ran the vehicle information through her computer. Grace Barnuevo, Wendy Jolie's sister, told the ofFicerthat the vehicle has been paid off since last year and is owned by her sister. Wendy Jolie explained to the officer that the vehicle is registered by the DMV under her sister's name, Grace Barnuevo. We repeatedly asked both Enforcement Officer Whatley and Police Officer Acuna not to tow the car but instead to just issue the citation ticket. They did not consider our request and insisted on towing the vehicle. So Wendy Jolie went onto the hood of the vehicle and refused to go down because she believed it was illegal towing. Because the kids inside the car were crying and we thought this situation got carried away, we asked why they were giving the family a hard time. Both officers then explained no records showed the car was not registered at all and that through protocol the vehicle had to be towed. They also stated that once proof of registration is shown to the towing company, they will release the vehicle without any costs. We, then, relayed the message to Wendy Jolle who in which did not have the choice but to let the vehicle be towed away. Again, we confirm that we are witnesses of this situation from the time the vehicle was being cited to it being towed away. If you have any further questions regarding this matter, please feel free to contact us. Thank you for your kind consideration. L) JOSS 5,4A1C t WI taMIA AVe' 12MA7 —e , 64. 11010 �, ?4- 35"9/--0 y�. c (4) �21 F l if C'.- f lf�itfLL �t.fl�sr C�ifn�ffr C?rf �t7�C7 CC-IV) UkcvC1 Geerr X 5 r\-rdp I ix 40 IS Iry l -EVrc, 641 q L2 -6 ( D -TD3- c -t -f --Zj %� IG 1+ s-� "�P- vy �) ( IA q, -�-1 D 1111m, I CITY OF BALDWIN PARK LriWCN CLAIM FOR DAMAGES P . A - It - K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRE=TY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICES OF THE CITY CLERK, 14 103 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING + CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) SEI) 2r 2010 ;) 3A<< -)VON PARK Clerk's Official Filing Stamp To: City of Baldwin Park 4. ClaL 1a k1 Je§fBi (th (if a minor) 1= Name of Claimant f ;,� ; t !1_ • 'I�,D��r} u,�� 5. Claimaont't-eA - on 2. Home A dress laimant .3� dU) . 6, o T ! p ne Id m 3. Business Address of Claimant. f / p 7. Business Telephone Number 8. dame and address to Ich you d sire notices o communications t be sent regard i is claim: U4 *G CD5 ,,l�,o 9. When did ME, NNJURY occur? Date: 1 10 Time: �' 10, Names of any City employees Involved in INJURY or DAMAGE: Name Department If claim is for Equlkable Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? � 46 i n 1 44. .W 1�o Tak c r 12, Describe in detail how the DAMAGE or INJ URY occurred. 13. Were police or paramedics called? Yes 9 / No ❑ 14. If physician was visited due to injury, include date of first Visit and physician's If yes, was a report filed? Yes IN10, ❑ name, address and phone number: C If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific -- Use additional sheet if necessary) 15. List dam es incurred to date? vqq4,1 ag was P- ` - 6�6 1 16. Total amount of claim to date: $ ► q ( Basis for Computation: Limited Civil Case: ❑ Yes M No (State the amount of your dlaim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ Basis for Computation: Y*q4cAl Aipgtses 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name uN4-4W Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf, relationship to claimant and date: I hereby certify (or declare) under ponalty of perjury under the laws of the state of California that the foregoing Is true and correct to the best of my knowledge. .y Si nature Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 71) CC Form 1 (Rev 7108) F :it!5`31f5iC1 K= ra; idm! n.= s! retioc =prr.c��rastrom Fair r F.,FEfi!.f.c LAw OFFICES OF MICHAEL T. MARTIN 11780 CENTRAL AvENUE SUITE 105 CHINO, CALIFORNIA 9,1710 PHONE; (909 )364 -9292 • FAX; (909)364-9211 lawofficemtm@veHzon.net September 22, 2010 City of Baldwin Park City Clerks Office 14403 E. Pacific Avenue Baldwin Park, Ca. 91706 RE: My Client(s) : Michael A. Rodriguez Date of Loss :08-14-10 Dear Gentlepersons: SH 22 3 2010 C1'sv OF 3ALDVIAN PARK C)VfV UERK'S OF "ART ML, NT Please be advised that this office has been retained to represent Michael A. Rodriguez in a claim for damages and personal injury he sustained as a result of auto accident involving a City of Baldwin Park police vehicle. Attached hereto is the properly executed Claim for Damages form. Claim is hereby made under all benefits my client may be entitled to under any and all coverage afforded her for this loss. The legal basis for this claim include, but is not necessarily limited to, failure to properly operate a motor vehicle. Please forward any and all forms you may desire to have completed and feel free to contact this office should you need further information on this matter. Thank you for your courtesy and cooperation. ly ES F MICHAEL MARTIN Sir i "RT I Attorney at Law MTMIhh FR", CITY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES h - A - It --k TO PERSON OR PROPERTY INSTRUCTIONS 1, READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 • ALL OTHER CLAIMS FOR DAMAGES MUST HE FILED NOT LATER THAN ONE YEAR AFTER THE ' OCCURRENCE, (GOVERNMENT CODE SECTION 911.2 OCT ;LcCleW9 Off I dial :: Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) t� / 1. Name of Claimant .� 1 CIA ICJ N 5. Claimant's Occupation v1 Vt Y-V) DV-3 1/l 2. Home Address of Claimant C^ 6. Home Telephone Number q 1 (A i 3. Business Address of Claimant 7. Business Telephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim: � t -�1 LGiv.s o{�C,— OF M.-,I vAVO Fiov-r-, J-v, bQ lvZ t -5�'z -ono, W - C 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: G 1 -7 / 10 Time: t H ='�_� Name Department If claim is for Equitable Indemnity, give date claimant -)Dtnn Vii }i . 3t.)1 -v) 0k ko served with complaint: 11. Where did DAMAGE or INJURY occur? -P a �tG 12. Describe in detail how the DAMAGE or INJURY occurred. "YOVIV ftVty V a z7A o V 11r)-fsV-�v 13. Were police or paramedics called? Yes,( No ❑ 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes No ❑ name, address and phone number: ln2L?V�- 00V If yes, what is the Report No? (1i1 41G1rt inn- 5uAV On H nt,yn2 1 - 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific -- Use additional shoot if necessary) { 1l15-ritV �VZOt24� O�V l 1/ISVL V U� 15. List damages incurred to date? p�[>o1 t l l V1J VE Ui(- V1V� k -c• I OWE 'Ph/t� ��itTt�l Gj fit �1•ZGtOJ � �' t C� 1 � � � - � � � � �7`�I i�}r1O1 �U� �� C ��� O1"}��1C� ��'EI 16. Total amount of claim to date: $_t 01 7 L-4,3> Basis for Computation: Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: tc7ID- 7 -Basis for Computation: D oV1 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I hereby certify (or declare) underpenalty Operjury underthe laws of the state of California that the foregoing 15 true and correct to the best of my knowledge. cV VV) -5 J /A e- V1s f Signature RelafloVship to Claimant Printed Name Date Note: Presentation of a falso claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) F: US( ilIST` EihfcErihi�tl�nn�slrarionPro�c���rc5 8 F6m, CGS Rcv 7ASG hoc AlkMERCURY INSURANCE GROUP October 4, 2010 City of Baldwin Park Attn: Laura Nieto 14403 E Pacific Ave Baldwin Park, Ca 91706 RE: OUR INSURED: OUR FILE NUMBER: DATE OF LOSS: YOUR DRIVER: YOUR FILE NUMBER: Dear Ms. Nieto: Ricardo Ligon 2010 0038 004491 -23 August 7, 2010 Donald A Rodriguez Pending P.O. Box 4600 Rancho Cucamonga, CA 91729 (888) 917 -6372 0 C I -- G ("_"';1-0 We have obtained information regarding the above date of loss suggesting that damages incurred were caused by your insured's negligence. Enclosed for your review please find copies of our supporting documentation. The breakdown of our payments is as follows: Initial Repairs Deductible Supplements Rental Expense Out of Pocket Expense Other Salvage VLF, if applicable Total $6,890.82 $2,000.00 $1,853.05 $0.00 $0.00 $0.00 $0.00 $0.00 $10,743.87 Our insured's version of the loss is as follows: Your driver, Ms. Rodriguez, rear ended our insured. Please return a copy of this form with your payment, to ensure proper credit. Should you have any questions or need additional information, please contact me at (909) 919 -7050, ext, 25538. Thank you for your cooperation. Sincerely, MERCURY INSURANCE COMPANY LACEE SNOOK Claims Adjuster Cucamonga Claims Encl. AlkMERCURY INSURANCE GROUP October 4, 2010 City of Baldwin Park Attn: Laura Nieto 14403 E Pacific Ave Baldwin Park, Ca 91706 RE: OUR INSURED: OUR FILE NUMBER: DATE OF LOSS: YOUR DRIVER: YOUR FILE NUMBER: Dear Ms. Nieto: Ricardo Ligon 2010 0038 004491 -23 August 7, 2010 Donald A Rodriguez Pending P.O. Box 4600 Rancho Cucamonga, CA 91729 (888) 917 -6372 We have obtained information regarding the above date of loss suggesting that damages incurred were caused by your insured's negligence. Enclosed for your review please find copies of our supporting documentation. The breakdown of our payments is as follows: Initial Repairs Deductible Supplements Rental Expense Out of Pocket Expense Other Salvage (-rl -) VLF, if applicable Total $6,890.82 $2,000.00 $1,853.05 $0.00 $0.00 $0.00 $0.00 $0.00 $10,743.87 Our insured's version of the loss is as follows: Your driver, Ms. Rodriguez, rear ended our insured. Please return a copy of this form with your payment, to ensure proper credit. Should you have any questions or need additional information, please contact me at (909) 919 -7050, ext. 25538. Thank you for your cooperation. Sincerely, MERCURY INSURANCE COMPANY LACEE SNOOK Claims Adjuster Cucamonga Claims Encl. Date: 10/1/2010 03:05 PM Estimate ID: 100038004491- 2300101 Estimate Version. 2 Supplenicnt: 1(F F) 101 11201 0 02:36:02 PM Profile ID: * 42 NO SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR INSPECTION OR APPROVAL * * * * * * * * * * * * ** *CALL FILE ADJUSTER TO CONFIRM COVERAGE * * * * * * * * * * * * * * ** MERCURY INSURANCE COMPANY 555 W. IMPERIAL HWY, BREA, CA 92822 (714) 671 -6700 Damage Assessed By: Walter Rodriguez 25217 Supplemented By: Watter Rodriguez 25217 OFFICE NUMBER: (714) 671 --6700 EXT. 23054 CELL NUMBER: (714) 300 -3680 Condition Coda: Good Date of Loss: 8/ W2010 Contact Date: 8/13/2010 Deductible: 2,000.00 Policy No: 040104120064197 Insured: RICARDO LIGON Driver: RICARDO LIGON Address: 3437 VINELAND AVE, BALDWIN PARK, CA 91706 - Telephone: Home Phone; (000) 000.0000 Adjustor: LACEE SNOOK (888) 917 -6372 ext. 25538 Type of Loss: Collision Claim Number: 100038004491 - 2300101 Mitchell Service: 915287 Description: 2004 Mercedes -Benz 5500 Vehicle Production Date: 1104 Body Style: 4D Sed Drive Train: 5.01- Inj 8 Cyl 7ARWD VIN: WDBNG75J24A409725 License: 5GXJ659 CA Mileage: 68,553 OEM/ALT: A Search Code: BREA Color: SILVER Options: REAR, TRUNK, OR CARGO AREA MOUNTED CD CHANGER, VEHICLE ANTI - THEFT PASSENGER AIRBAG, DRIVER SIDE AIRBAG, HEATED SEAT, POWER LOCK, POWER WINDOW REAR WINDOW DEFOGGER, CRUISE CONTROL, -HEATED EXTERIOR MIRROR, LEATHER SEAT POWER PASSENGER SEAT, SUNROOF (POWER), ANTI -LOCK BRAKE SYS., TRACTION CONTROL FOG LIGHTS, ALUM/ALLOY WHEELS, TIRE INFLATION/PRESSURF MONITOR, MEMORY SEAT NAVIGATION SYSTEM, HIGH INTENSITY DISCHARGE HEADLIGHTS, LEATHER STEERING WHEEL PASSENGER MEMORY SEAT, SATELLITE COMMUNICATION AND SAFETY SYSTEM REMOTE FUELDOOR RELEASE, CD PLAYER, POWER ADJUSTABLE EXTERIOR MIRROR FRONT AIR DAM, TINTED GLASS, GENUINE WOOD TRIM, AUTO AIR CONDITION TRIP COMPUTER, FIRST ROW BUCKET SEAT, SECOND ROW BENCH SEAT, KEYLESS ENTRY AUTOMATIC TILT AWAY STEERING COLUMN, UNIVERSAL, GARAGE DOOR OPENER REAR HEATING, VENTILATION & AIR CONDITIONING, OUTSIDE TEMPERATURE GAUGE INSIDE TEMPERATURE GAUGE, AUTOMATIC LOAD- LEVELING, VARIABLE ASSISTED STEERING ADAPTIVE AUTOMATIC TRANSMISSION, TACHOMETER, SIDE AIRBAGS, AUTOMATIC HEADLIGHTS PASSENGER AIRBAG CU'T'OFF SWITCH/SENSOR, SECOND ROW SIDE AIRBAG SIDE HEAD CURTAIN AIRBAGS, REMOTE DECKLID OR TAILGATE RELEASE VEHICLE THEFT TRACKINGINOTIFICATIONT, DAYTIME RUNNING LIGHTS ADAPTIVE VARIABLE SUSPENSION, VEHICLE LOCATION SYSTEM Jne Entry Labor Line Rein Part Type/ Dollar Labor tern Number Type Operation Description Part Number Amount Units ESTIMATE RECALL NUMBER: 08113/201009.,10:44 100038004491-2300101 Mitchell Data Version: OEM: AUG _10_V U1traMate is a Trademark of Mitchell International MAPP:IUN — 10 — V0704 Copyright (C) 1994 -2010 Mitchell International Page I of 4 UltraMate Version: 7.0.022 All Rights Reserved 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 ESTIMATE RECALL NUMBER: 08/1312010 09:10:44 100038004491- 2300101 Mitchell Data Version: OEM: AUG 10 V UltraMate is a Trademark of Mitchell Internnational MAPP:JUN 10_V0704 Copyright (C) 1994 - 2010 Mitchell International Page 2 of 4 UltraMate Version: 7.0.022 All Rights Reserved Date: 1011/2010 03:05 PM Esthnate ID: 100038004491 - 2300101 Estimate Version: 2 Supplement: 1(F F) 101 1/20 10 02:36:02 PNI Profile ID: * 42 502239 MCH REMOVEIREPLACE Disable & Enable Air Bag System -M 0.5 900500 MCH # REMOVEIREPLACE Reset Memory /Clear Codes Sublet 90.00 * 0.5'1 Line Markup °/820.00 18.00 500573 MCH REMOVEIINSTALL L Rear Exhaust Mu$ler w/Pipe Al Existing 0.9 r 500623 BDY REMOVE/INSTALL Upr AV /Shield Reveal Moulding Existing 0.4 r 500628 BDY REMOVE/REPLACE R 1V /Shield Sim Visor ORDER FROM DEALER 210.00 r 0.3 500629 BDY REMOVEIREPLACE L W /Shield Sun Visor ORDER FROM DEALER 224.00 # 0.3 500813 BDY REMOVE/INSTALL R Rocker Trim. Panel 0.4 500814 BDY REMOVEIINSTALL L Rocker Trim Panel 0.4 501095 BDY REMOVE/INSTALL R Frt Door Weatherstrip Existing 0.4 r 501096 BDY REMOVEIINSTALL L Fit Door Weatherstrip Existing 0.4 r 501288 BDY REMOVEIINSTALL R Rear Door Weatherstrip Existing 0.4 r 501289 BDY REMOVEIINSTALL L Rear Door Weatherstrip Existing 0.4 r 501340 REF BLEND RoofPanot C 1.2 Blend Up/Over -No Cut -off Line 501427 BDY REMOVEIINSTALL R Upr Back Window Reveal Mldg Existing 0.3 r 501428 BDY REMOVFIINSTALL L Upr Back Window Reveal Mldg Existing 0.3 r 501439 REF BLEND R Quarter Panel Outside C 0.9 501440 REF REFINISH L Quarter Panel Outside C 2.1 900500 BDY ADIYL LABOR OP Rope Back/Front/RoofGlass* QUAL REPL PART 10.00 * I.5* 501445 REF BLEND Fuel Door C 0.2 # 501448 BDY REMOVEIINSTALL R Quarter Panel Moulding 0.2 501449 BDY REMOVEANSTALL L Quarter Panel Moulding 0.2 502003 BDY REPAIR L Quarter Outer Panel Existing 6.0 *# Includes L Side Rain Gutter Ding 502005 BDY REMOVEdREPLACE L Quarter Rear Extension 220 630 01 89 73.00 3.0 # 501460 BDY REPAIR L Quarter Floor Pan EXT Existing 3.0* AUTO REF REFINISH L Floor Panel Section INC # 504144 BDY REMOVEIINSTALL R Quarter Wheel Opening Skirt Existing 0.4 r 504145 BDY REMOVMNSTALL L Quarter Wheel Opening Skirt Existing 0.4 r 501469 BDY REMOVEIINSTALL R Quarter Fuel Door Existing 0.3 r 501475 BDY REMOVFANSTALL R Quarter Pressure Release Vent Existing 0.2 #r 501476 BDY REMOVFANSTALL L Quarter Pressure Releaso Vent Existing 0.2 #r 501503 REF BLEND Lamp Housing C 0.2 502147 BDY REMOVEIINSTALL License Lamp Shell INC # 504179 BDY REMOVE/REPLACE Luggage Lid Panel 220 750 06 75 930.00 L6 AUTO REF REFINISH Luggage Lid Outside C 1.8 AUTO REP REFINISH Luggage Lid Underside LI Used rn/a Harouts 818 - 834- 888I/Ref# 2599 Charlie 501508 BDY REMOVE/REPLACE Luggage Lid Emblem 220 758 00 58 7.50 WC 501511 BDY REMOVE/REPLACE Luggage Lid Adhesive Nameplate 140 817 34 15 24.50 0.1 504208 BDY REMOVFANSTALL Luggage Lid Trim Panel Existing INC r 504185 BDY REMOVEIREPLACE Luggage Lid Latch ORDER FROM DEALER 320.00 * INC 501539 BDY REMOVE/REPLACE Luggage Lid Weatherstrip 220 750 01 98 73.00 INC 504706 BDY REMOVEFINSTALL R Luggage Lid Unip Existing INC r 504707 BDY REMOVEIINSTALL L Luggage Lid Lamp Existing INC r 501553 MCII REMOVEIINSTALL Rear Suspension/Sub Frame Assy -M 2.0* Partial R &I For Jig Frame Set -Up 501656 BDY REMOVE/REPLACE Rear Body Panel 220 610 02 14 790.00 10.5 # AUTO REF REFINISH Rear Body Panel C 1.6 AUTO REF REFINISH Add For Edge & Inside C 0.8 501658 BDY REMOVE/REPLACE Rear Body Spare Wheel Well Panel 220 610 00 75 354.00 5.5 900500 BDY s REMOVE/REPLACE Rear Body Wheat Panel Adhesive Kit 168 670 00 93 82.00 * 0.0* 501661 BDY REPAIR L Rear Body Side Rail Assy -S Existing 2.0* # AUTO REF REFINISH L Side Rail 1.0 Repair After Pull 900500 MCH * ADD'L LABOR OP Set Back Wiring/Misc Items for Aceess Existing 1.0* 900500 BDY * REMOVEIINSTALL, Spare/TireJToolKit Existing 0.5* r 504817 BDY REMOVEIINSTALL Rear Body Heat Shield Existing 0.6 #r 501683 BDY REMOVEIREPLACE Rear Body Trim Panel ORDER FROM DEALER 27.50 INC 501684 BDY REMOVE/REPLACE Rear Body Trim Clip 4@1,20 124 990 07 92 7C45 4.80 504285 BDY REMOVE/INSTALL R Rear Body Side Trine Panel Existing INC #r 504286 BDY REMOVEIINSTALL L Rear Body Side Trim Panel Existing INC #r ESTIMATE RECALL NUMBER: 08/1312010 09:10:44 100038004491- 2300101 Mitchell Data Version: OEM: AUG 10 V UltraMate is a Trademark of Mitchell Internnational MAPP:JUN 10_V0704 Copyright (C) 1994 - 2010 Mitchell International Page 2 of 4 UltraMate Version: 7.0.022 All Rights Reserved 64 501690 BDY REMOVEIREPLACE 65 501692 BDY REMOVE/REPLACE 66 501693 BDY REMOVE/INSTALL 67 501694 BDY REMOVEIINSTALL 68 501700 BDY REMOVEIREPLACE 69 300253 BDY REMOVEIREPLACE 70 AUTO REF REFINISH 71 C BDY REMOVE/INSTALL 72 0.4 # BDY REMOVEIINSTALL 73 BDY REMOVEIINSTALL 74 240.00 USED 75 300255 BDY REMOVEIREPLACE 76 INC 77 501710 BDY REMOVEIINSTALL 78 501742 REF REFINISH 79 501743 REF REFINISH 80 501744 REF REFINISH 81 501748 BDY OVERHAUL 82 502139 BDY REMOVE/REPLACE 83 900500 BDY* ADD'L LABOR OP 84 900500 BDY * ADDL LABOR OP 85 502743 BDY REMOVE/REPLACE 86 REF REFINISHIREPAIR 87 0.5* Existing 88 AUTO REF ADD'LOPR 89 900500 BDY * REMOVFIREPLACE 90 933003 BDY* ADD'L OPR 91 933017 BDY* ADD'L OPR 92 933018 BDY* ADDL OPR 93 900500 FRM * REPAIR 94 900500 FRM a REPAIR 95 900500 FRM * REMOVF./REPLACE 96 900500 MCH * ADD'L LABOR OP 97 900500 BDY* REMOVFJREPLACE 98 99 AUTO ADDL COST L Rear Body Brace Cover L Rear Body Cover Rear Body Spare Tire Cover Rear Body Holder Rear Body Trim Clip 8 @0.90 Rear Replace Bumper Rear Bumper Rear Ctr Impact Strip R Rear Impact Strip L Rear Impact Strip Line Markup %20.00 L Replace Tail Lamp Line Markup 0/620.00 R Rear Combination Lamp Rear Ctr Impact Strip R Rear Impact Strip L Rear Impact Strip Rear Bumper Cover Assy Rear Add w /Anntenna Mask For Jamb- VOpenings Protective Coatiugs • Rear Parking Sensor Unit • Rear Parking Sensor Unit MODIFIED REFINISH WITH FULL CLEAR COAT Clear Coat FLEX ADDITIVE TINT COLOR FINISH SAND AND BUFF MASK FOR OVERSPRAY Jig Bench Frame Set -Up Pull To Square Rear Uuibody Jig System - In -House European Vehicle Wheel Alignunent Rear Bumper Intermediate Layers Line Markup °/620.00 Paint/Materials x - Judgment Item # - Labor Note Applies C - Included in Clean Coat Calc r - CEG R &R Time Used For This Labor Operation narks KENOR AUTO 800- 525- 36671REF# 7464932 - JAYJAY @ EXT 1140 Date: 1011/2010 03:05 PM Estimate ID: 100038004491- 2300101 Estimate Version: 2 Supplement: 1 (F F) 10/ 112010 02:36:02 PM ProfilelD: *42 ORDER FROM DEALER 38.50 ORDER FROM DEALER 6.50 Existing 0.1* Existing 0.1* 126 990 01 92 7.20 * USED 1,200.00 * INC C 2.3 0.4 # 0.4 # 0.4 # 240.00 USED 225.00 * I\i TC 45.00 INC C 0.6 C 0.4 C 0.4 2.4 # OA * *QUALREPLPART 5.00 * 0.5* ** QUALREPLPART 15.00 * 1.0* 001 542 74 18 70.00 # 0.1 # C 0.2* 3.1 Sublet 8.00 # INCk 0.5* 3.0* 10.00 * 0.5* Existing 3.0* Existing 3.0* Sublet 275.00 * 010* Sublet 120.00 * 0.0* Sublet 20.00 $ 0.0* 4.00 626.50 * NO SUPPLEMENTS WILL BE PAID UNLESS VEHICLE AT SHOP ?!! SIGNED X ESTIMATE RECALL NUMBER: 081131201009:10.44 100038004491- 2300101 Mitchell Data Version: OEM: AUG_10 -V U1traMate is a Trademark of Mitchell International MAPP:JUN 10_V0704 Copyright (C) 1994 - 2010 Mitchell International Page 3 of 4 Ultramate Version: 7.0.022 All Rights Reserved Date: 10! 1/2010 03:05 PM Estimato ID: 100038004491 - 2300101 Estimate Version: 2 Supplennennt: 1(F F) 10/112010 02:36:02 PM Profile ID: * 42 Estimate Totals Point(s) of hnpact 7 Left Rear Corner (P), 6 Rear Center (S) Body Shop: PLATINUM COACHWORKS INC Address: 433 E SAN BERNARD NiO RD COVINA, CA 91723 Work Phone: (626) 915 -4953 Inspection Site: PLA'I'INUM COACHWORKS INC Address: 433 E SAN BERNARDINO RD COVINA, CA Inspection Date: V1312010 THIS IS NOT AN AUTHORIZATION TO REPAIR. THE UNDERSIGNED REPAIR FACILITY AGREES TO REPAIR THIS VEHICLE USING INDUSTRY ACCEPTED EQUIPMENT AND METHODS, AND TO COMPLETE AND GUARANTEE SAFE REPAIRS AT A PRICE OF $ , INCLUDING ALL CHARGES. NO SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR APPROVAL. SIGNED: ESTIMATE RECALL NUMBER: 08/131201009:10:44 100038004491-2300101 Mitchell Data Version: OEM: AUG 10-V UltraMate is a Trademark of Mitchell Intemationa[ 14IAPP:JUN 10 V0704 Copyright (C) 1994 - 2014 Mitchell International Page 4 of 4 Ultraate Version: 7.0.022 All Rights Reserved Ad&l 1. Labor Subtotals Units Rate Labor Annouut Sublet Amount Totals 11, Part Replacement Sununary Amount Body 50.0 47.00 10.00 0.00 2,360.00 Taxable Parts 4,697.50 285.00 Refinish 17.9 47.00 0.00 0.00 841,30 Parts Adjustments Sates Tax Q 9.750% 485.79 Fraine 6.0 66.00 0.00 0.00 396.00 Mechanical 419 93.00 0.00 120.00 575.70 Non - Taxable Parts 393.00 Non - Taxable Labor 4,173.00 Parts Adjustments 22.00 78.8 4,173.00 Total Replacement Parts Amount 5,883.29 Labor Sumruary 11I. Additional Costs Annount 1V. Adjustments Amount 2,000.00 - 626.50 hnsuranceDeductible Taxable Casts Sales Tax @ 9.750% 61.08 Customer Responsibility 2,000.00 - Total Additional Costs 687.58 Paint Material Method: Rates brit Rate = 35.00 , Itnit hoax Hours ° 99.9, Add[ Rate = 0.00 I, Total Labor: 4,173.00 II. Total ReplacernentParts: 5,883.29 III. Total Additional Costs: 687.58 Grass Total: 10,743.87 IV. Total Adjustments: 2,000.00 - Net Total: 8,743,87 Less Original Net Total: 6,890.82 Net Supplennent Amount: 1,853.05 S1: Walter Rodriguez 25217 1,853.05 Point(s) of hnpact 7 Left Rear Corner (P), 6 Rear Center (S) Body Shop: PLATINUM COACHWORKS INC Address: 433 E SAN BERNARD NiO RD COVINA, CA 91723 Work Phone: (626) 915 -4953 Inspection Site: PLA'I'INUM COACHWORKS INC Address: 433 E SAN BERNARDINO RD COVINA, CA Inspection Date: V1312010 THIS IS NOT AN AUTHORIZATION TO REPAIR. THE UNDERSIGNED REPAIR FACILITY AGREES TO REPAIR THIS VEHICLE USING INDUSTRY ACCEPTED EQUIPMENT AND METHODS, AND TO COMPLETE AND GUARANTEE SAFE REPAIRS AT A PRICE OF $ , INCLUDING ALL CHARGES. NO SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR APPROVAL. SIGNED: ESTIMATE RECALL NUMBER: 08/131201009:10:44 100038004491-2300101 Mitchell Data Version: OEM: AUG 10-V UltraMate is a Trademark of Mitchell Intemationa[ 14IAPP:JUN 10 V0704 Copyright (C) 1994 - 2014 Mitchell International Page 4 of 4 Ultraate Version: 7.0.022 All Rights Reserved Date: 10/1/2010 03:05 PM Esti nate ID: 100038004491- 2300101 Estimate Version: 2 Supplement: 1(F F) 10/ 112010 02:36:02 PM Profile ID: a 42 MERCURY INSURANCE COMPANY 555 W. IMPERIAL HWY, BREA, CA 92822 (714) 671 -6700 Supplement Delta Report Comparison of Estimate 100038004491 - 2300101 Supplement 0 and Supplement 1 Damage Assessed By: XValter Rodriguez 25217 Supplemented By: Walter Rodriguez 25217 Insured: RICARDO LIGON Driver: RICARDO LIGON Vehicle Description: 2004 Mercedes -Benz 5500 Date of Loss: 8/712010 Line Labor Lure Item Dollar Labor CEO Item Type Operation Description Amount Units Unit Changed Entries 2 RICH ADDL. LABOR OP Reset Memory/Clear Codes Existing 0.5* SI 2 MCH REMOVEIREPLACE< Reset Memory/Clear Codes Sublet< 90.00 *< 0.5* 4 BDY REMOVEIREPLACE R W /Shield Sun Visor New 236.00 0.3 0.3T Sl 6< BDY REMOVEIREPLACE R W /Shield Sun Visor New 210.00 *< 0.3 0.3T 5 BDY REA40VFJREPLACE L W /Shield Sum Visor New 232.00 03 0.3T 81 7< BDY REMOVE/REPLACE LW /Shield Sun Visor New 224.00 *< 0.3 0.3T 11 REP BLEND L Quarter Panel Outside C 0.9 2.1 81 19< REP REFINISH< L Quarter Panel Outside C 2.1 < 2.1 67 REF ADD'L OPR Clear Coat 2.9 88< REF ADD'L OPR Clear Coat 3.1 < 75 MCH ADD'L LABOR OP Wheel Aftmnent Sublet 90.00 # OA* Sl 96< MCH ADD'L LABOR OP European Vehicle Wheel Aligrrnlent< Sublet 120.00 *< 0.0* 76 ADD'L COST Paint/Materials 584.50 * 0.0 T 99< ADUL COST PaintlMaterials 626.50 *< 0.0 T 37 REF REFINISH Luggage Lid Outside C 1.8 2.2 25< REP REFINISH Luggage Lid Outside C 2.2 < 2.2 Deleted Entries 58 BDY REMOVEIREPLACE L Rear Combination Lamp Assembly New 292.00 iNC OAT 59 Used n/a Harouts 818- 834- 8881/Rel# 2599 Charlie 0.0 Added Entries S1 3 Line Markup %'20.00 I8.00 0.0 S1 5 BDY REMOVE/INSTALL Upr WlShield Reveal Morulding Existing 0.4 0.4 S1 10 BDY REMOVEIINSTALL R Fri Door Weatberstrip Existing 0.4 0.4 Sl 11 BDY REMOVE/INSTALL L. Frt Door Weatherstrip Existing 0.4 0A S1 12 BDY REMOVFANSTALL R Rear Door Weatherstrip Existing 0.4 0.4 S1 13 BDY REMOVE/INSTALL L Rear poorWeatherstrip Existing 0.4 0.4 S1 16 BDY REMOVEANSTALL R Upr Back Window Reveal Mldg Existing 03 0.3 S1 17 BDY REMOVE/INSTALL LUpr Back Window Reveal Mldg Existing 0.3 0.3 SI 24 BDY REPAIR LQuarter Outer Panel Existing 6.0$ 22.5 25 Includes L Side Rain Gutter Ding 0.0 S1 32 BDY REMOVE/INSTALL R Quarter Pressure Release Vent Existing 0.2 0.2 Sl 33 BDY REMOVE/INSTALL LQuarter Pressure Release Vent Existing 0.2 0.2 51 43 BDY REMOVE/REPLACE Luggage Lid Latch New 320.00 INC 05T 31 52 BDY REMOVEIREPLACE Rear Body Spare Wheel Well Panel New 354.00 5.5 55T SI 53 BDY REMOVEIREPLACE Rear Body Wheel Panel Adhesive Kit New 82.00 * 0.0* T 51 64 BDY REMOVEIREPLACE L Rear Body Brace Cover New 38.50 0.0 T S1 65 BDY REMOVEIREPLACE L Rear Body Cover New 6.50 * 0.0 T ESTIMATE RECALL NUMBER: 8/131201009:10:44 100038004491- 2300101 UltraMate is a Trademark of Mitchell International UitraMate Version: 7.0.022 Copyright (C) 1994 - 2010 Mitchell International Page 1 of 2 All Rights Reserved Sl 68 BDY REMOVE/REPLACE S1 75 BDY REMOVE/REPLACE 51 76 I (F F) 10/112010 02:36:02 PM Profile ID: Sl 85 BDY REMOVEIREPLACE S1 86 REF REFINISHJREPAIR 87 New 70.00 * 0.1 0.1T SI 97 BDY REMOVE/REPLACE S1 98 Sublet 20.00 0.0# Rear Body Trim Clip L Replace Tail Lamp Lute Markup %20.00 L Rear Parking Sensor Unit L Rear Parking Sensor Unit MODIFIED REFINISH WITH FULL CLEAR COAT Rear Bumper Intermediate Layers Line Markup 0,620.00 ilobal Changes No Deductible, Customer Responsibility, Labor Rate, or Part Adjustment changes were made. Date: 10/1/2010 03:05 PM Estimate ID: 100038004491- 2300101 Estimate Version: 2 Supplement; I (F F) 10/112010 02:36:02 PM Profile ID: * 42 New 7120 * 0.0 T Quat Recycled Part 225.00 * INC OAT 45.00 0.0 New 70.00 * 0.1 0.1T C 0.2# 0.2 0.0 Sublet 20.00 0.0# 4.00 0.0 Original Estimate: Supplement 1 1,853.05 Orig Total Tax 462.62 Stipp I Total Tax 546.87 Net Supplement Amount Nat Total Stipp 0 Stipp 1 Program Cale Versions 7.0.021 7.0.022 1,853.05 8,743.87 Data Versions JLTN_10_V0705 AUG-10_V ESTIMATE RECALLNUMBER: 8/13/2010 09:10 :44 100038004491- 230010I U1traMate is a Trademark of Mitchell International U1traMate Version: 7.0.022 Cop}Tiglit (C) 1994 - 2010 Mitchell International Page 2 of 2 All Rights Reserved 0 :1 M j 0972 TV -fir 'i Tx G may Claim # I000:32SOU4491- 213OUlUl Uwner: J— IUUN,KIUAKllU rage /, or v https:// www. emitchell .com/review /REVMOD7PRINTIMAGES. asp ?PrintXNMPTD = 2808... 10/4/2010 Claim # 100038004491- 2300101 Owner; LR3UN,RIC:ARUU Page S of 9 https:// www. emitchell .com/review/REVMOD7PRINTIMAGES, asp ?PrintXMLPTD= 2808... 10/4/2010 Claim # 100038004491 - 2300101 Owner: LIGON,RIC:ARDU Page 4 of 9 https: //w ww. emitchell .com/review/REVMOD7PRINTIMAGES. asp ?PiintXMLPID= 2808... 101412010 Claim # 100038004491. 2300101 Owner: LIGON,RIC:AIWO Vage 5 of 9 https:// www. emitchell .com/review/REVMOD7PRINTIMAGES. asp ?PrintXMLPID= 2808... 10/4/2010 Claim # 100038009491- 2300101 Owner: LIGON,RIC;AIZUO Page b of J https: / /www. emi tchel l .com/review /REVMOD7PRINTIMAGES . asp ?Pl intXMLPID= 2808... 10/4/2010 Claim # 100038004491- 2300101 Owner: LIGONAICARDO Page 7 of 9 https: l /www.emitchell.conVr eview/REV MOD7PRINTIMAGES .asp ?Pi intXMLPID= 2808... 1014/2010 Claim # 100038004491 - 2300101 Owner: LIGON,RICARDO Page 6 of 9 https:// www. emitchell .com/review/REVMOD7PRINTIMAGES .asp ?PrintXMLPID= 2808... 10/412010 Claim # 100038004491 - 2300101 Owner: LIUON,KIC:AIWO Page 9 of H https:llw ww.emitchell.comlx eview/REVMOD7PRINTIMAGES . asp ?Pi intXMLPID=2808... 10/4/2010 Mercury Insurance:: NextGen MERCURY INSURANCE GROUP Loss Check Maintenance NextGen 41 Claim Inquiry, Claim tog j Adjust Claim Maintenance ( Directories I Alert Pagel of 1 LLSNOOK 10/04/2010 Claims I AMP I Log Off Coverage Amount Type Adjuster Code Total Loss COLL 1,853.05 Additional 022968 N Check Amount 1,853.05 In Full Settlement Of COLL Claims Backup Withholding 00.00 To Be Authorized By Dany Cantrell Net Check Payee 1,853.05 Authorized By Claimant/Reference RICARDO LIGON Authorized Date Comment SUPP FOR IV (2004 MERCEDES S500) https:// nextgen. mefcufyinsurance. com/ ClaimsWeb /eheckMaintenanceDir.do 10/4/2010 F: Check Lis Check Details Diary Maintenance ---- Claim Number 2010 0038 004491 - 23 Handling Emit 0038 CUCAMONGA 1=i[e Notes _ _ Claimant Maintenance Policy Number 040104 120064197 Date of Loss 08/07/2010 02 :50 PM Check Maintenance Named Insured RICARDO LIGON Claim Status Regular Open Request Vendor Maint _ Adjuster 022968 Lacee Snook (888) Orig. Cost of Vehicle 12,000.00 Subrogation Referral 917-6372 Ext 25538 Loss Check Issued Maintenance Subrogation Report ee Pa Y Assign Subro Vendor Check Maintenance Type* Reportable TYPe a C[mt Pymt Record Check Number Control Code F--] Vendor 61087649 Code ti legal File Assignrrlt� payee PLATINUM COACHWORKS INC Closing Suit Additional T BI /UM Settimnt Eval, Payee Veh. Registration Address 433 E SAN BERNARDINO RD, COVINA, CA 91723 Issued By 022968 Lacee Snook Issue Date 10/04/2010 Requested to Print 10/04/2010 Date Coverage Amount Type Adjuster Code Total Loss COLL 1,853.05 Additional 022968 N Check Amount 1,853.05 In Full Settlement Of COLL Claims Backup Withholding 00.00 To Be Authorized By Dany Cantrell Net Check Payee 1,853.05 Authorized By Claimant/Reference RICARDO LIGON Authorized Date Comment SUPP FOR IV (2004 MERCEDES S500) https:// nextgen. mefcufyinsurance. com/ ClaimsWeb /eheckMaintenanceDir.do 10/4/2010 Mercury Insurance:: NextGen AWMERCURY iNSORANCE GROUP Loss Cheek Maintenance NextGen_01 Claims ? #]nqulty Claim Log ( Adjust Claim ( Maintenance { Directories ! Alert Page 1 of 1 LLSNOOK 10/04/2010 Claims I W1P [ Log Off_ Coverage Amount Type Adjuster Code Total Loss COLL 2,000.00 Additional 022968 N Check Amount 2,000.00 In Full Settlement Of COLL Claims Backup Withholding 00.00 To Be Authorized By Dany Cantrell Net Check Payee 2,000.00 Authorized By Dany Cantrell ClaimantlReference RICARDO LIGON Authorized Date 08/18/2010 Comment INSYS QED (R. LIGON - 01 MERCEDES S500) https:// nextgen. meroutyinsurance. com/ ClaimsWeb /eheckMainte,nanceDir.do 10/4/2010 Check Lis Check Details Diary Maintenance Claim Number 2010 0038 004491 -23 Handling Unit 0038 CUCAMONGA File Notes _ _ _ _ .� Claimant Maintenance Policy Number 040104 120064197 Date of Loss 08/07/2010 02:50 PM Check Maintenance Named Insured RICARDO LIGON Claim Status Regular Open K� Request Vendor`Maint Adjuster 022968 Laces Snook (888) Orig. Cost of Vehicle 12,000.00 Subrogation Referral 917 -6372 Ext 25538 Loss Check Issued Maintenance Subrogation Report Payee Assign Subro Vendor Check Maintenance Type' Reportable Type Cunt Pymt Record Check Number 462112825 Control Code E-1 Vendor 61087649 Code Legal file Assignmt payee PLATINUM COACHWORKS INC Closing Suit _ — -- Additional BI /UM Settimnt Eva]. Payee Veh. Registration Address 433 E SAN BERNARDINO RD, COVINA, CA 91723 Issued By 022968 Laces Snook Issue Date 08/17/2010 Honored 08/23/2010 Date Coverage Amount Type Adjuster Code Total Loss COLL 2,000.00 Additional 022968 N Check Amount 2,000.00 In Full Settlement Of COLL Claims Backup Withholding 00.00 To Be Authorized By Dany Cantrell Net Check Payee 2,000.00 Authorized By Dany Cantrell ClaimantlReference RICARDO LIGON Authorized Date 08/18/2010 Comment INSYS QED (R. LIGON - 01 MERCEDES S500) https:// nextgen. meroutyinsurance. com/ ClaimsWeb /eheckMainte,nanceDir.do 10/4/2010 Mercury insurance :: NextUen AftM E R C U RY INSURANCE GROUP Loss Check [Maintenance NextGen_01 `. Claims r Inquiry, Claim Log I Adjust Claim I Maintenance 1 Directories J Alert .rage i of i LLSNOOK 10/04/2010 Claims I WIP 1 Log Off - -- ffi — heck L.is – Check Details Maintenance Claim Number 2010 0038 004491 - 23 Handling Unit 0038 CUCAMONGA _Diary 4y File Notes Claimant Maintenance Policy Number 040104 120064197 Named Insured RICARDO LIGON Adjuster 022968 Lacee Snook (888) 917 -6372 Ext 25538 Date of Loss 08/07/2010 02:50 PM Claim Status Regular Open Orig. Cost of Vehicle 12,000.00 Check Maintenance Request Vendor Maint Subrogation Referral Loss Check Issued Maintenance Subrogation Report Check Maintenance Type* Y Check Number 4621 1 1 1 82 Control Code � Payee Reportable Type Vendor 61087649 Code Assign Subro Vendor Clmt Pyrnt Record Legal File Asslgnmt payee PLATINUM COACHWORKS INC Closing suit .� Settlmnt Eval.Y� Additional Payee AND RICARDO LIGON Address 433 E SAN BERNARDINO RD, COVINA, CA 91723 Issued By 022968 Lacee Snook Issue Date 08/16/2010 _B1/UM Veh. Registration Honored 08/2012010 Date Coverage Amount Type Adjuster Code Total Loss COLT. 6,890.82 Final 022968 N Check Amount 6,890.82 In Full Settlement Of COLL Claims Backup Withholding 00.00 To Be Authorized By Dany Cantrell Net Check Payee 6,890.82 Authorized By Dany Cantrell Clalmant/Reference RICARDO LIGON Authorized Date 08/1712010 Comment CN -DED (2004 MERC S500) https:/ Inextgen, mercuryinsurance. com/ ClaimsWeb /checkMaintenanceDir.do 10/4/2010 CITY OF BALDWIN PARK BALDWIN P,A,R,K CITY COUNCIL AGENDA OC7 2 0 ITEM N0. STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Marc Castagnola, AICP, Community Development Mana f DATE: October 20, 2010 SUBJECT: Appropriation of Neighborhood Stabilization Program (NSP) Funds for the Rehabilitation of the Property Located at 4009 Puente Avenue PURPOSE To request the City Council appropriate $55,000 for the purpose of rehabilitating 4009 Puente Avenue under the Neighborhood Stabilization Program (NSP). BACKGROUND/DISCUSSION On April 7, 2010, the City Council approved a Memorandum of Understanding (MOU) with the San Gabriel Valley Corp for affordable housing rehabilitation projects under the NSP funding program in an effort to provide local employment training and assist low - income households during the economic crisis. NSP funding is provided to the City from the State of California Housing and Community Development (HCD). The Corp will provide on- the -job training to low - income youth who will complete the rehabilitation of the property based on the attached proposed scope of work. In accordance with NSP regulations, on June 16, 2010, the City Council approved the purchase of a foreclosed vacant single- family property located at 4009 Puente Avenue, Baldwin Park under the NSP Acquisition, Rehabilitation and Resale Program. This property had been vacant for more than a year and was frequently vandalized with graffiti and building damages. The proposed improvements to the property include a new roof, interior and exterior painting, energy efficient windows, kitchen and bathroom remodel, new flooring, electrical upgrades, correction of code violations such as illegal garage conversion and other miscellaneous improvements. While the Corp will provide labor at no cost to the City, the funds will be used to purchase materials only for the rehabilitation and the cost of specialized trades as necessary, Materials and specialized trades, such as electrical and termite extermination, will be purchased and contracted out through the typical procurement process requiring a minimum of three bids. Based on preliminary estimates for material only, provided by the Corp, and electrical and pest control contractors, the total cost of the rehabilitation work is calculated as follows: Puente Rehab October 20, 2010 Page 2 Corp estimation for material only $43,000 Subcontracted items $ 5,000 10% Contingency 4,800 Total estimated cost (rounded) $55,000 FISCAL IMPACT There is no fiscal impact to the general funds as this project is funded entirely through the NSP. RECOMMENDATION Staff recommends the City Council approve the appropriation of $55,000 for the purpose of rehabilitating 4009 Puente Avenue under the Neighborhood Stabilization Program (NSP). Attachment Attachment -- Scope of Work 4009 Puente Avenue Baldwin Park, CA 91706 General • Re -roof • Install new T.V./Cable & telephone lines in living room Living Room • Install wood laminate flooring • Replace firrnacc • Replace windows Kitchen • Relocate and replace water heater to exterior • Replace kitchen cabinetry with vent hood over stove • Install new countertop • Install new kitchen sink • Install new faucet • Install stove and refrigerator hookup • Install linoleum flooring Laundry Room • Install washer and dryer hook up • Relocate and install new window • Install linoleumn flooring Hallway • Install wood laminate flooring • Reverse partial existing closet with access to bedroom 1 • Close off door to Bath 2 Bedroom 1 • Replace window with a different size to meet egress requirements • Install laminate flooring • Open up the closet entrance from the hallway to bedroom • Remove existing closet and rebuild partition Bedroom 2 • Relocate and replace N.W. window • Replace window • Install laminate flooring • Construct new close New Master Bedroom • Install wood laminate flooring • Open access to Bath 2 from Master Bedroom • Remove existing closet and rebuild partition (same as Bdr. 1) • Remove existing hallway partition to garage • Close off door leading to garage • Construct new closet • Replace window with a different size to meet egress requirements 4009 Puente Avenue Baldwin Park, CA 91706 Bath 1 • Install new tile flooring • Install new bath tub, tile & plumbing fixtures • Install new vanity with sink and faucet • Install new toilet • Relocate and replace window Master Bath • Install new tile flooring • Install shower pan, tile, shower rod and plumbing fixtures • Install new toilet • Replace window Subcontracting Items Electrical Install new 100 Amp Service Termite • Treat as needed 2 CITY COUNCIL AGENDA OCT 2 ITEM N0. BALDWIN CITY OF BALDWIN PARK STAFF REPORT P > A, R, K TO, Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE; October 20, 2010 SUBJECT: ACCEPTANCE OF THE CDBG STREET IMPROVEMENTS PROJECT CONSTRUCTED BY ALL AMERICAN ASPHALT AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION PURPOSE The purpose of this report is to provide an overview of the completed work and to request City Council consideration of the project's acceptance, contract closeout, and authorization to record a Notice of Completion. BACKGROUND As a result of one -time economic stimulus funds made available by the Housing and Urban Development (HUD) agency, a formula allocation of $143,000 in Community Development Block Grant (CDBG) was made to the City of Baldwin Park for Fiscal Year 2009 -2010. On April 7, 2010, the City Council awarded a construction contract to All American Asphalt in the amount of $64,460. Construction began on May 10, 2010 and was completed on June 9, 2010. DISCUSSION The project consisted of crack and slurry sealing the streets in CDBG eligible areas. Crack sealing prevents 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 were 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 included performing concrete repairs to sidewalk where necessary in the project area. The attached "Project Location Map" summarizes the improvements that were completed. Notice of Completion, CDBG Street Rehabilitation October 20, 2010 Cost Extras Page 2.of 6 The CDBG Street Rehabilitation project required supplementary construction inspections on the sidewalk. City Staff determined that much of the uplifted sidewalk could be resolved by grinding it down to make it level. This, however, was not included in the original specifications but proved to be a beneficial improvement for the price. FISCAL IMPACT There is no impact to the General Fund. The City has obtained a funding allocation of $143,000 of Federal funds for the delivery of this project, including. contingencies. The following tables summarizes the funds authorized, and the total amount expended: Available Funds Available Allocation of CDBG Funds $ Funds Authorized by City Council Construction Contract $64,460 Construction Contingency (- -•10 %) $6,440 Construction Management $5,500 Total Funds Authorized $76,400 Proiect Expenditures Total Construction (see Attachment 2) Miscellaneous (Advertising Costs, etc. $69,803 $540 Total Expenditures $70,343 The retention amount of $6,980 has not yet been paid to the contractor, but is included in the construction costs above. The remaining CDBG funds balance of $72,650 is being carried over and reallocated to a future CDBG eligible project. Notice of Completion, CDBG Street Rehabilitation Page 3 of 6 October 20, 2010 RECOMMENDATION It is recommended that the City Council. 1. Accept the construction improvements by All American Asphalt and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $6,980.25 in retention funds to All American Asphalt upon expiration of the 35 -day lien period. ° ATTACHMENTS 1, Project Location Map 2. Notice of Completion 3. Project Expense Summary Attachment 1 PROJECT LOCATION MAP . .... 45`{y f j - f i 3 _ Eli iii i.' � f k CeS t SC#j47 ' E } Tz 'Pf L� qi. Attachment 2 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 NOTICE OF COMPLETION Notice is hereby given that the certain work of improvement known as: CDBG Street Rehabilitation Project for the City of Baldwin Park was accepted by the City Council on: October 20, 2010. The work of improvement was performed and completed by: All American Asphalt on June 9, 2010. 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 By: Date: Edwin "William" Galvez, P.E. Director of Public Works /City Engineer NOTARY PUBLIC CERTIFICATE ) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS On this day of , 20 before me, personally appeared basis of satisfactory evidence to be the person instrument and acknowledged to me that he that by his signature on the instrument, the p the person acted, executed this instrument. who proved to me on the whose name is subscribed to the within executed the same in his capacity, and erson or the entity upon behalf of which 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 sea[. Signature ("') (. a , 1) Attachment 3 CDBG Street Improvement Expense Summary Allocated Funds CDBG $ 143,000.00 Total $ 143,000.00 Authorized Construction Expenditures Construction Contract $ 64,460.00 10% Contingency $ 6,446.00 Total $ 70,906.00; Expenditures To Date Construction Contract $ 64,460.00 Contract Change Orders $ 3,800.00 Quantity Adjustments $1,54 . Total $ 69,802.50 Authorized Funds Remainingi $ 1,103.50 Misc Expenditures To Date Advertising, Surveying, Repro, etc. $ 539.02 Total $ 539.02 Aliocated Funds Remaining 1 $ 72,658.48 r■ r 0.10' CITY OF BALDWIN PARK P , A > R • K TO: Honorable Mayor and City Council Mjwnb e FROM: Lili Hadsell, Chief of Police DATE: OctoberA2010 CITY COUNCIL AGENDA OCT 2 Staff ReporritAl ITEM O- SUBJECT: SobrietylDrivers License Checkpoints AND Impounds Purpose The purpose of this report is to seek Council approval for recommended Police Department policies and procedures for vehicle impounds and sob rietyldrivers license checkpoints. Background The mission of the Baldwin Park Police Department is to keep our community a safe place, where residents can safely live, work and travel the streets. The police department utilizes various proactive tools to identify dangerous drivers. One of those is the deployment of officers and resources at sobriety/drivers license checkpoints, and another is Selective Enforcement Patrols, In conducting checkpoints, the Baldwin Park Police Department has followed the law as outlined in Vehicle Code Sections 14602.6. The law, as understood and followed by the Baldwin Park Police Department, requires a vehicle to be impounded for a period of 30 days once an officer makes the decision to impound it. To ensure consistent and fair application Baldwin Park Officers have not been given discretion to reduce that period; and the City of Baldwin Park has consistently followed this practice for more than 20 years. The law does provide certain exceptions to that length of impound, which are observed. The purpose of the checkpoints is twofold, to identify intoxicated, dangerous, and unlicensed drivers, and remove them from the roadway and reduce the number of accidents, injuries, and fatalities. The goal is to maintain the safety of the community and keep the residents safe. The checkpoints are funded by OTS (Office of Traffic Safety) grants and are conducted in accordance with required guidelines. This proactive approach to traffic safety has resulted in making our community a much safer place. Our traffic accidents including fatal accidents have declined in past years. On January 20, 2004, the San Gabriel Valley Tribune published an article entitled "Mean Street: Baldwin Park tops in state for traffic deaths and injuries." That story is based on the California Office of Traffic Safety ranking Baldwin Park number one in the state in the number of traffic deaths and injuries compared to 92 similar cities. That same study Gheckl)oi Its and Vehicle Impound" Octot)er 0- 2010 rage 2 of 9 ranked Baldwin Park second in drunken driving and speeding related crashes and fourth in the number of children struck by vehicles. That was based on the period covering 2001 through 2003. During that time, the department investigated 12 fatal traffic collisions. Today, the City is ranked 85th out of 103 cities of our size in the number of traffic deaths and injuries for a city of its size in California - an improvement of 84 places from 2004. The following chart shows the trend of traffic accidents in the City of Baldwin Park. In early March 2010, 1 received a request from Mayor Pro Tern Ricardo Pacheco requesting information on the checkpoints and vehicle impounds. I sent a comprehensive written report to him and the rest of the Council on March 16, 2010 via electronic mail explaining the California Vehicle law surrounding impounds and police department procedures. Checkpoints and Vehicle lmpoumk, () maker G. 1010 Pale 3 of 9 A few months later, in late July 2010, Council Member Monica Garcia requested that the Police Department brief Council on the issue of checkpoints and vehicle impounds. On August 4, 2010, over 30 speakers addressed the City Council during a council meeting to express their concerns regarding impounds and checkpoints. Several speakers expressed concerns and detailed the hardships they faced due to the 30 -day impounds. Some expressed concerns at how the checkpoints were conducted and how they impacted the motoring public. At the Council meeting, the Mayor made a motion to suspend checkpoints, and directed the Police Department to research and develop a checkpoint and vehicle impound policy to bring back to Council. Staff has worked with the City Attorney and drafted a policy for Council review. The policy provides guidelines for vehicle impounds and checkpoints. In developing the policy, staff has tried to balance the following four objectives: • The obligation of a Law Enforcement Agency and Peace Officers to enforce the law, • Limiting expensive liability exposure, • Safety of the children and residents of Baldwin Park and our obligation to protect them from irresponsible drivers, and • Responsiveness to the hardships faced by people and providing, where possible, measures to reduce and mitigate these hardship. Discussion In an effort to remain fair and impartial, the policy of the Baldwin Park Department has been to follow the law as outlined in California Vehicle Code 14602.6. Vehicles driven by a driver with a suspended driver's license or who is unlicensed have been impounded for 30 days. The first question in this discussion should be why are vehicles impounded? On January 1, 1996, new laws were enacted relating to unlicensed drivers. Those laws, California Vehicle Code (CVC) Sections 14602.6 and 14607.6, authorized law enforcement agencies to tow and impound vehicles when driven by unlicensed, suspended, or revoked drivers. When impounding under those sections, the vehicle must be impounded for 30 days. The law also states that if a registered owner allows someone else to drive their vehicle and they are unlicensed, or driving with a suspended or revoked license, then the vehicle may be impounded and possibly forfeited. Lawmakers passed the law, known as the Safe Streets Act of 1994, in response to research that showed seizing the vehicles used by unlicensed drivers served a significant public interest: Of all drivers involved in fatal accidents, more than 20 percent involve unlicensed drivers, A driver with a suspended license is four times more likely to be involved in a fatal accident then a licensed driver. Checkpoints and Vehicle ImC,ounus October G, 2010 I ace 4 of S Besides the obvious dangers created by intoxicated drivers, a 2007 Department of Motor Vehicles study reported that 33 percent of drivers with suspended or revoked licenses have a criminal record, and 85 percent of those drivers used their automobiles in the commission of a crime. Suspended or revoked drivers were involved in four times more fatal collisions and six times more injury collisions than licensed drivers were. Additionally, suspended or revoked drivers had 11 more DUI convictions than licensed drivers did. The Baldwin Park Police Department has included the inspection of driver licenses at sobriety checkpoints as an effort to ensure the highest level of traffic safety. The Baldwin Park Police Department has utilized sobriety/driver's license checkpoints in its enforcement efforts for over 20 years, with an increase in deployment of checkpoints in recent years. This has led to an overall decrease in traffic collisions. On September 25, 2010, the San Gabriel Valley Tribune published an article, which highlighted a youtube.com video allegedly showing the Police Department conducting an illegal checkpoint. The video, which was taped in early June of 2010, does not depict a checkpoint. What it shows is two traffic officers conducting a selective enforcement patrol. The officers were doubled up working traffic enforcement in the traffic truck. The officers were monitoring the flow of traffic for hazardous driving and obvious equipment violations of the California Vehicle Code. They flagged numerous motorists for vehicle code violations they observed. Several citations were written and several vehicles were impounded. All this was done within the guidelines of the law. There is a marked difference between a checkpoint and selective enforcement. The California legislature enacted California Vehicle Code 2894, which authorizes police to conduct vehicle inspection and sobriety checkpoints. The California Supreme Court has upheld the use of sobriety checkpoints by defining the criteria under which they can be conducted. This criterion is outlined in OTS guidelines as well as Department policy. In addition, checkpoints have been upheld by the United States Supreme Court. Selective enforcement is any enforcement action directed at a specific violation or violations aimed to enforce traffic laws to ensure traffic safety. Examples of this include but are not limited to, officers monitoring stop signs for violations, officers providing saturation patrol for impaired drivers, or officers taking advantageous positions to identify seatbelt violations, officers watching for drivers not paying attention to pedestrians in a crosswalk, etc. Due to a concentration on selective traffic enforcement (pedestrian stings, speeding enforcement, stop sign violations) and sobriety checkpoints, the City of Baldwin Park, has had a steadily decrease in traffic collisions. Selective enforcement is a proactive tool used by not just by the Baldwin Park Police Department but also by law enforcement agencies everywhere. It is a tool used to maintain the safety of the residents and visitors of our community while walking and driving on our streets. There has been a 19% decrease since 2005 in traffic fatalities in Baldwin Park. In 2008, there were no reported traffic fatalities on city streets. The Department believes this occurred because of the Department's efforts, its traffic safety enforcement actions, and C:heckpoiols and Vc -hick, Impounds oc[ob(-,r 6, 2010 €'ap 5 of S citizen awareness. This marked the first time in 17 years that the department did not investigate a single fatal traffic collision. The safety of the residents and their children is a major priority of the City of Baldwin Park. The City has made significant efforts to make our community safer. However, despite our best efforts, innocent people do get injured or killed by reckless drivers. Checkpoints are a good way to improve public safety in the community. They serve as a control; they send a message that if you are a potential threat to the residents and children you may be caught. Staff has worked closely with the City Attorney in looking at the various laws and the numerous court cases related to checkpoints and vehicle impounds pursuant to Vehicle Code § 14602.6 (a) (1), in order to craft a comprehensive policy. We looked at the Oregon case "Miranda," a Ninth Circuit Court ruling that has been referenced as the "arbitrator of vehicle impounds." In that case, the Court ruled in 2005, "that such impoundments constitute an "unreasonable seizure under the Fourth Amendment ... if the only justification is that the driver is unlicensed." The facts of the case are different from what has been happening in the City. In that case, a vehicle was impounded from a private driveway with a licensed driver standing beside the vehicle. The licensed driver had been giving his unlicensed wife driving lessons. In Oregon, driving without a driver's license is an infraction. In California, it is a misdemeanor, an arrestable offense, to drive without a driver's license. Even in that case, the Court ruled if other circumstances are present that provide a valid "community caretaking" reason for the officer to impound the vehicle, then the vehicle can be legally impounded. Per the Miranda case (and others), such reasons can include: • The vehicle is in a location where it presents a traffic hazard; or • The vehicle needs to be protected from theft or vandalism, which may occur if the vehicle is left parked and unattended; or the immediate unlawful operation (e.g. by an unlicensed driver) must be prevented. Three years after the Miranda decision, September 2008, the City of Escondido was sued by plaintiffs who argued that the state's mandatory 30 -day impound law was unconstitutional because it constituted an unreasonable seizure. The US District Court disagreed. U.S. District Court Judge Otero said in his ruling that "taking a vehicle temporarily is within the spirit of the law and is necessary to protect the health and safety of the Californians from the harm of unlicensed drivers." In addition, staff studied California Highway Patrol v. Superior Court. The City Attorney provided an opinion regarding that case and the City's authority to impound or store vehicles for less than thirty days. * California Highway Patrol v. Superior Court (Walker) (2008) 162 Ca1.App.4'4 1144(— Ca1.Rptr,3`d -_) checkpoints and Vehicle Impounds October G. 2010 1 rage 6 of 0 In summary, the City Attorney has advised, pursuant to the above cited case and VC subsection 22651(h)(1), an officer could take a person into custody, issue a citation for driving without a license, release that person pursuant to their promise to appear by signing the citation and have the car stored for less than thirty days. The police report and all related documents should make it clear the car is being stored pursuant to the authority of subsection 22651(h) (1) as should the paperwork being provided to and by the towing company. The City Attorney also advised, the car should then only be released to a licensed driver and if that driver is not the owner, then it should be released only if the person showing proof of ownership is present and has signed something acknowledging the car is being released to the licensed driver at the owner's request. Finally, the City Attorney indicated another option would be for an officer to cite the person driving without a license and not impound or store the vehicle at all. VC Section 14602.1 gives the officer clear discretion to decide whether or not to impound the vehicle of someone driving without a license. The cited case provides a defense if the City is subsequently sued for a failure to impound or store the car since it is within the officer's discretion whether or not to impound /store the vehicle and State law provides immunity from liability for discretionary acts. The City Attorney concurs the ultimate decision of which approach to take is a policy matter. Based on that and to assist with safety of the community and enforcement of the State's driver licensing laws, the Police Department believes using the discretion found in VC subsection 22651(h)(1) is a better choice and the subject policy sets forth that approach for dealing with cars when they are driven by individuals who had never been issued a valid driver's license. Because of this discretionary authority, it will no longer be the practice of the Baldwin Park Police Department to store vehicles for 30 days pursuant to 14602.6(a) (1) solely because the driver is unlicensed. These storages will be one day only. This policy will apply to all vehicles stored by the Police Department whether the vehicles are encountered during sobriety /DL checkpoints, selective enforcement, or routine patrol. Vehicles of drivers with suspended or revoked licenses for drunk driving, reckless driving, or other traffic violations shall be impounded for 30 days pursuant to CVC 14602.6. However, the vehicle may be released to its registered owner (if the registered owner is not the same as the one with suspended license) if the owner has a valid and current drivers license or can released to an individual with a valid drivers license, if the person showing proof of ownership is present and has signed something acknowledging the car is being released to the licensed driver at the owner's request. Keeping in mind the need to continue selective and proactive traffic enforcement efforts to ensure traffic safety, and the need to apply our duties in a fair and professional manner with respect to the needs of our residents and community, the Police Checkpoints and V lido Impounds October 6. 2010 11,ige 7 of 9 Department has adopted several new guidelines and policies to ensure this equality. Those procedures hopefully address the concerns of our residents and maintain the safety of our community. Staff has authored a policy that balances the need to protect the community with the hardships that the checkpoints may create. The Department understands the need to protect the residents' needs to be balanced with preventing undue hardships that may be endured by some. Staff believes the proposed policy would allow the City to meet all of the abovementioned objectives. In addition, the Police Department has also developed certain procedures to be followed by the officers at the checkpoints to address concerns of the Council and the speakers of the August 4, 2010 Council meeting. It is important to note many of those practices were already in place and were being followed. In light of the concerns raised, we are placing a greater emphasis on those procedures. The speakers at the council meeting raised many concerns regarding the procedure used by officers when conducting sobriety /driver's license checkpoints and when storing vehicles in general. Among those concerns were: • Checkpoints are not properly posted, • Checkpoints are set -up during daytime hours when there are less impaired drivers, • Checkpoints do not allow drivers to turn away and avoid the checkpoint, • Officers do not allow licensed passengers to drive a vehicle rather than storing it. Besides the issues raised by the speakers over the checkpoint procedures, many speakers also commented about the behavior of officers conducting the checkpoints. Among those concerns were: ■ The officers screen drivers based on ethnicity, thus by racial profiling ■ Officers do not provide assistance to d riversloccu pants who had their vehicle stored ■ Officers do not show any regard for the financial or social difficulties faced by residents ■ The overall impression that officers are uncaring during the application of their duties The Baldwin Park Police Department created Sobriety & Driver's License Checkpoint Policy. The Police Department surveyed numerous other policies, including the California Highway Patrol's policy, and took into account legal requirements and most importantly, the necessity to respond to the concerns voiced by our residents. The Baldwin Park Police Department also improved the Vehicle Towing Policy. Similar to the above policy, the Police Department surveyed numerous other policies, including the California Highway Patrol's policy, and took into account legal requirements and the necessity to respond to the concerns voiced by our residents. Checkpoints and Vehicle Impounds October 6, 2010 page 8 of 9 Some of the highlights of both policies, which are what the Police Department had been doing all along, include: • Checkpoints will be conducted in accordance with the law and all required information including opportunity to use alternate routes as required by law would be provided, • Vehicles shall be screened at checkpoints using an indiscriminate formula, • Generally, checkpoints will not be conducted in residential neighborhoods, close • to schools and churches unless they are warranted for safety reasons as determined by the Chief of Police, • Established guidelines based on existing law that directs officers when to store a vehicle, • More supervisory oversight to ensure the strict adherence to policy and the professional conduct of officers, • The ability of officers to use discretion and take into account any extenuating circumstances in deciding whether to store a vehicle for any period of time, • Guidelines mandating officers to offer assistance to every driver /occupant of an impounded vehicle and to document the assistance provided, and • Police officers will assist with calling paramedics, taxicabs, etc. In addition to those guidelines, all officers and supervisors are going to complete mandated cultural diversity training by the end of calendar year 2010 to increase their level of awareness and sensitivity to the needs of our community. At the October 6, 2010 Council meeting, two modifications were requested by Council. Mayor Pro Tern Pacheco requested that the checkpoint press releases be sent out to the Spanish news media and posted on the City webpage as well. This modification has been made to the checkpoint policy, § 504.1 of the Checkpoint Policy. Council Member Rubio expressed concerns regarding the procedure and method concerning the lien sale of automobiles stored by the police by Royal Coaches Towing, and requested a modification to the policy, which address the personal property contained in stored vehicles. It has always been the procedure of the police department to encourage the owners of vehicles stored to remove all personal /valuable property from the vehicle prior to the storage. The revised vehicle storage policy calls for officers to have the owners of stored vehicles initial the police storage form indicating they agree with the contents of the inventory section of the report ( §510.3(6)/Towing Policy). This allows for more oversight and accountability in the towing process and with property contained in vehicles. Fiscal Impact The impact of this policy will be a reduction in vehicle impounds; this, in turn, will create a negative impact on the General Fund. The impact to the General Fund is estimated at approximately $250,000; however, the exact fiscal impact cannot be projected at this time. Checkpoints and VdIiCIo Impounds OcLu er S. 2010 Page, Recommendation Staff recommends 1) Council receive and file and ratify the Police Chief's decision that the policy of the Baldwin Park Police Department will be to store vehicles of unlicensed drivers for one day pursuant to CVC. 22651(p), and that vehicles of drivers with suspended or revoked licenses for drunk driving, reckless driving, or other traffic violations continue to be impounded for 30 days pursuant to CVC 14602.6. 2) Council receive and file and ratify the Police Chief's adoption and implementation of Baldwin Park Police Department Policies regarding Sobriety & Driver's License Checkpoint Policy and Vehicle Towing, AND 3) Council receive and file and ratify the Police Chief's decision to continue Sobriety /Drivers License Checkpoints. Section 504 Baldwin Park Police Department Sobriety & Drivers License Checkpoint Policy 504.1 PURPOSE The purpose of this chapter is to provide policy and procedures for the conduct of sobriety /driver license checkpoints by members of the Baldwin Park Police Department, 504.2 OBJECTIVE The objective of these policies and procedures is to ensure conformance with constitutional and departmental requirements concerning the use of sobrietyldriver license checkpoints. 504.3 POLICY Sobriety /driver license checkpoints shall be conducted in compliance with law, grant requirements, and the directives and procedures contained in this manual. 504.3 BACKGROUND (SOBRIETY CHECKPOINTS) A. Sobriety checkpoints have been employed as a DUI countermeasure by various law enforcement agencies in the United States since 1980. The use of DUI checkpoints in order to detect and apprehend intoxicated drivers has been the subject of controversy and legal challenges in every state that has used them. The legal challenges against checkpoints focus on the constitutional safeguards against unreasonable search and seizure. B. The Fourth Amendment of the United States Constitution requires that all searches and seizures must be reasonable. It is recognized by the courts that the stopping of a motor vehicle and its occupants by police constitutes a seizure, even though the detention is brief and limited in scope. Consequently, sobriety and driver license checkpoints were viewed as per se violations of the Fourth Amendment by a portion of the legal community. C. Anticipating similar legal challenges in California, the California Highway Patrol requested an Attorney General's Opinion on the legality of utilizing checkpoints as a DUI countermeasure prior to initiating a field evaluation of sobriety checkpoints. Subsequently, Attorney General Opinion No. 84 -902 (November 8, 1984) was issued. That opinion concluded that California law enforcement agencies could Iawfully use checkpoints; provided, that sufficient safeguards were taken to minimize intrusions on motorists. D. As a result of the favorable Attorney General Opinion, the California Highway Patrol conducted a field evaluation of sobriety checkpoints. The purpose of that field evaluation was to test the operational design of sobriety checkpoints under actual field conditions and assess the impact checkpoints might have as a deterrent to DUI. The findings of the evaluation indicated that checkpoints can produce significant reductions in DUI and traffic collisions where DUI is a primary collision factor (PCF). Based on the overall success of the program, the decision was made to expand the use of checkpoints by the California Highway Patrol. E. Historically, sobriety checkpoint - related rulings in both state and federal courts have been inconsistent. One example of conflicting court rulings with regard to checkpoints occurred in California. Specifically in December 1984, the California First District Court of Appeal ruled in Ingersoll vs. Palmer, that a sobriety checkpoint conducted by the Burlingame Police Department in November 1983 was permissible under the state and federal constitutions. Conversely, the California Fourth District Court of Appeal ruled in the Richard T. case, that an Anaheim Police Department checkpoint conducted in January 1985, was in violation of the Fourth Amendment and therefore unlawful. That ruling was issued on September 19, 1986. Consequently, the CHP temporarily discontinued the use of sobriety checkpoints in October 1986. F. The Attorney General opined that the decision by the California Fourth District Court of Appeal was incorrect and petitioned the California Supreme Court to review the case in late October 1986. The California Supreme Court heard the Ingersoll sobriety checkpoint case in early April 1987. On October 29, 1987, the California Supreme Court affirmed the permissibility of sobriety checkpoints in a 4 -3 decision. The Court concluded that, "... within certain limitations a sobriety checkpoint may be operated in a manner consistent with the federal and state Constitutions." The Ingersoll decision listed the following safeguards which are necessary to establish the reasonableness of sobriety checkpoints under the Fourth Amendment: (1) The decision to establish a sobriety checkpoint, the selection of the site and procedures for the checkpoint operation must be established by supervisory law enforcement personnel and not by an officer in the field. (2) A neutral formula must be used to determine which vehicles are to be stopped, such as every driver, every third, fifth or tenth driver so that who is stopped is not left to the unbridled discretion of the officer in the field. (3) Primary consideration must be given to maintaining safety for motorists and officers with proper lighting, warning signs and clearly identifiable official vehicles and personnel. (4) The location of a checkpoint should be determined by supervisory personnel, rather than by officers in the field, with sites chosen which have a high incidence of alcohol related traffic collisions and /or arrests consistent with safety considerations. (5) The time of day and the duration of checkpoints must be carefully considered with effectiveness, safety and motorists concerns kept in mind. (6) The checkpoint must be established with high visibility, displaying its official nature by signs, lights and uniformed officers to reassure motorists the stop is duly authorized. (7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication, such as alcohol on the breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, then he/she should be permitted to drive on without further delay. (8) Advance publicity must be given a sobriety checkpoint to reduce its intrusiveness and increase its deterrent effect G. The United States Supreme Court reviewed the constitutionality of sobriety checkpoints in June 1990. In Michigan v, Sitz, 110 S.Ct. 2481, the court ruled that a Fourth Amendment "seizure" occurs when a vehicle is stopped at a checkpoint, The ruling of the Court (5 -4) was that sobriety checkpoints do not violate the Fourth Amendment. H. On December 23, 1993, the California Supreme Court ruled in People v. Banks (863 P. 2d 769, 25 Cal. Rptr. 2d 524) that advance publicity of a sobriety checkpoint was not a constitutional requirement. The Court concluded "that the operation of a sobriety checkpoint conducted in the absence of advance publicity, but otherwise in conformance with the guidelines, established in Ingersoll, did not result in an unreasonable seizure ...." However, the Court stated that advance publicity is a relevant factor when determining the reasonableness of the checkpoint. In other words, the court will evaluate the totality of the circumstances and take advance publicity into consideration when calculating whether or not the checkpoint was lawfully conducted. I. The Baldwin Park Police Department's policies and procedures have been developed to conform to these requirements. 504.4 BACKGROUND (DRIVER LICENSE CHECKPOINTS) A. In 2007 the Department of Motor Vehicles conducted a study which reported that 33 percent of drivers with suspended or revoked licenses have a criminal record, and 85 percent of those drivers used their automobiles in the commission of a crime. Suspended or revoked drivers were involved in four times more fatal collisions and six times more injury collisions than licensed drivers. Additionally, suspended or revoked drivers had 11 more DUI convictions than licensed drivers. The Baldwin Park Police Department has included the inspection of driver licenses at sobriety checkpoints as an effort to ensure the highest level of traffic safety, B. In 1996, the California Supreme Court ruled in People v. Alvarez (14 Cal. 4 155, 183) the question of the legality of a checkpoint arose in a death - penalty case where incriminating evidence had been obtained from the defendant when he was stopped at a checkpoint for the routine inspection of driver licenses, and vehicle registration by the Mississippi Highway and Safety Patrol. In upholding the seizure, the California Supreme Court said: "In People v. Washburn (1968) 265 Cal. App. 2d 665, 668, 670 (hereafter Washburn) - on which the superior court expressly relied - the court held in substance that a stop of a vehicle by a law enforcement officer is generally a reasonable seizure for Fourth Amendment purposes, if it is made at a checkpoint for routine license and registration inspection of all passing vehicles. 504.5 RESPONSIBILITIES A. Operations Commander. (1) The Operations Commander shall ensure that all checkpoints are operated in accordance with the directives outlined in this chapter. If the Traffic Sergeant wishes to conduct a checkpoint which does not fully comply with the operational directives, then a request for approval must be routed through channels to the Chief of Police by the Operations Commander. (2) The Operations Commander shall review the checkpoint operational plan as described in Section 504.7 of this policy at least one week prior to the scheduled date of operation. B. Traffic Sergeant. (1) The Traffic Sergeant shall be involved in the planning of all checkpoints and approve the operational plans submitted by the checkpoint coordinator at least one week prior to the scheduled date(s) of operation and forward to the Operations Commander. (2) The Traffic Sergeant shall ensure that the planning for the checkpoint and the checkpoint itself are conducted in accordance with the directives outlined in this manual. If an unusual situation arises wherein a checkpoint falls out of compliance with the operational directives, then the Traffic Sergeant shall make immediate notification to the Operations Commander. (3) The Traffic Sergeant will be available as a spokesperson to the news media or ensure a department Press Information Officer is available if needed. 504.6 SITE SELECTION A. The site selection of a checkpoint shall be selected by the Traffic Sergeant and approved by the Operations Commander. B. Checkpoint sites shall be selected based on analysis of location of DUI incidents, traffic collisions, and traffic patterns, to include areas of high traffic volume. Also to be taken into account is the sufficiency of the staging area, impact on traffic flow, and relationship to adjacent residential /commercial areas. Statistical information on the locations of alcohol and drug related traffic collisions are available through the Statewide Integrated Traffic Records System (SWITRS) and/or the collision and citation database. Data from Support Services or local statistics may also be used to evaluate high DUI arrest activity locations. Those statistics, coupled with officer /motorist safety factors shall be considered in selecting sites for sobriety /driver license checkpoint operations. Sobriety /driver license checkpoints shall not be situated on freeways or highways with traffic speed limits over 50 MPH, or other conditions that would pose an unreasonable threat to motorists or members of the sobriety /driver license checkpoint team. Checkpoints shall not be conducted in areas that are primarily residential zones. C. Additional considerations for sobriety checkpoint sites include the presence of adequate lighting to illuminate the checkpoint, and an area adjacent to the checkpoint to allow for investigation and enforcement duties. Sites without street lights may be used if portable lighting sufficient to ensure public and officer safety is used. The location must also allow for ample warning to motorists approaching the checkpoint. D. A checkpoint operation may include the contacting of motorists in one - direction or two - directions (e.g., eastbound and westbound). Checkpoints that include the contacting of motorists in three- directions must receive the approval of the Chief of Police. Four - direction checkpoints shall not be conducted. 504.7 OPERATIONAL PLANNING A. A member of the Traffic Bureau shall prepare operational plans for each checkpoint and submit them to the Traffic Sergeant so they may be approved at least one week before the scheduled date of operation. The operational plan shall be completed on the Traffic Safety Checkpoint Operational Plan form (Attachment #1 BPPD Checkpoint Operation Plan). B. The Traffic Sergeant shall forward the operational plan to the Operations Commander at least one week in advance of the operation. C. Operational plans shall be kept on file for a period of five years, in the event they are needed for court cases or historical research. D. Operational planning for checkpoints shall minimally include the following: (1) A diagram of each checkpoint location shall depict the roadway, alternative route, placement of traffic control devices, and the, secondary location for investigation and enforcement. Placement of traffic control devices shall be in accordance to cal -trans specifications. (2) The screening procedure for the Baldwin Park Police Department shall be that every vehicle that enters the checkpoint is contacted. If at any time the traffic volume prevents the screening of all vehicles within a reasonable wait period, then the supervisor will either add additional officers to assist with screening or the line of motorists will be allowed to proceed without stoppage or contact until diminished to a reasonable wait period through the checkpoint. (3) Notification of the operation date, time, and location shall be made in advance to any affected law enforcement agencies, the Los Angeles County Fire Department, and AMR Ambulance by the member of the traffic bureau that completed the operational plan. 504.8 STAFFING REQUIREMENTS A. A minimum of one sergeant or Lieutenant shall supervise each checkpoint operation. An Officer in Charge (OIC) may assist the Sergeant or Lieutenant in the operation of the checkpoint. The exact number of officers may vary depending on funding (e.g., state grant) and site location. B. Team members shall be in full uniform, at all times while in public view. All team members involved in the screening of vehicles or assigned to an area that exposes them to moving traffic, shall wear a reflectorized vest at all times. C. The senior ranking supervisor is responsible for the overall operation of the checkpoint and ensuring adherence to the procedures outlined in this chapter. The traffic sergeant is responsible for ensuring that a record is kept of the number of vehicles that pass through the checkpoint, the number of arrests made, and any problems encountered. A "log person" shall be appointed to perform record keeping duties. 504.9 CHECKPOINT OPERATIONS A. Checkpoints should normally operate for periods of six to ten hours. Checkpoints should normally not be conducted prior to 6:00 p.m unless authorized by the Chief of Police. The checkpoint supervisor or Watch Commander may discontinue operations at any time for safety reasons. A checkpoint shall not be discontinued for the sole purpose of providing personnel with meal breaks. B. Traffic control measures will be implemented to provide adequate warning to motorists approaching the checkpoint prior to the alternate route. Traffic cones and warning signs shall be used for this purpose. One member of the team will be designated as the traffic control officer, who is responsible for the placement and maintenance of the traffic control devices. The checkpoint supervisor is ultimately responsible to ensure that the traffic control measures are appropriately placed and maintained in accordance to the operational plan. C. At least one patrol vehicle shall be parked on the highway to provide protection to team members and to be highly visible to approaching motorists. Emergency warning lights shall be activated on at least one police vehicle, clearly visible to motorists approaching the checkpoint. D. An adequate space shall be made available away from the checkpoint for the purposes of investigation and enforcement. This area may be a coned -off traffic lane, a wide shoulder area, or an adjacent parking lot. The areas in use by police personnel dining a checkpoint should be deemed as a restricted areas and the restriction shall be uniformly applied; no civilians (other than observers registered with the police department and persons being/having been investigated as part of the checkpoint) shall be allowed access. The area restricted may at times include a portion of a sidewalk adjacent to where vehicles are being directed into the secondary area. If so restricted, police personnel will be required to provide a safe alternative route for pedestrians, or provide pedestrian traffic control. E. A designated waiting area that is clearly identifiable to the public will be established and maintained during the checkpoint operation. F, A supervisor shall monitor traffic to ensure that an excessive back -up of vehicles does not occur in the traffic lane (s) approach the checkpoint. A reasonable wait period shall be an average of 15 -20 minutes or less. A supervisor shall monitor the back -up of traffic. If delays over a reasonable period of time occur, then a supervisor shall assign additional personnel to assist with screening motorists. Standard department practice is to shut down the checkpoint and allow traffic to flow through the checkpoint when significant delays are encountered G. Motorists attempting to lawfully access alternate routes, businesses, residences, and other places within the vicinity of the checkpoint waiting line shall not be prohibited from doing so. That does not prevent officers from taking enforcement action when observing a violation of law. 504,10 VEHICLES/DRIVER SCREENING A. All vehicles, regardless of type, should be subject to screening. This includes commercial vehicles such as buses and large trucks. B. Vehicles shall not be stopped on a discretionary basis, e.g,, due to the "looks" of the vehicle. However, this does not preclude stopping a vehicle when the driver exhibits obvious signs of intoxication or when any other violation is observed. C. Depending upon the configuration of the checkpoint, two or more officers should be used as screening officers. When approaching a vehicle, screening officers should scan the interior and occupants with a flashlight, if necessary, for weapons and /or other contraband such as open containers of alcohol. Upon determining that no hazard exists, officers should greet the driver of the vehicle in a manner similar to: "Good evening sir /ma'am, this is a sobriety and driver license checkpoint. Have you had any alcoholic beverages to drink today? May I please see your drivers' license? How are you this evening ?" After the driver license has been checked and deemed valid, and no signs of impairment are observed, the driver should be handed a California Office of Traffic Safety Sponsored information pamphlet (if available), thanked for stopping, and allowed to continue. Delays of motorists should be kept to a minimum. Optimally, screening should not take more than 30 seconds. D. In the event a motorist fails to comply with a screening officer's request, such as refusing to provide their driver license, move to the investigative area, or refusing to roll the window down, the screening officer shall request assistance from a supervisor. The supervisor shall assess the circumstances and order the appropriate enforcement action in accordance with established departmental policy. E. When a driver license check is appropriate; it should be obtained through a mobile digital computer (MDC). That will ensure the patrol units, or dispatcher will not be negatively impacted by increased use of the radio time. F. The officers on the line must remain alert and professional in their actions. As the traffic flow lightens and traffic thins, both the speed of the vehicles and the alcohol level of the drivers are on the increase. 504.11 ENFORCEMENT ACTIONS A. Enforcement actions should be limited to driver license violations, DUI, open alcoholic beverage containers, drugs, and serious criminal violations. For most mechanical violations, a verbal warning should be given. If the mechanical violation presents a serious safety hazard, then the driver should be directed to pull into the secondary testing area to make or arrange for repairs before proceeding. B. It must be emphasized to all checkpoint team members that the purpose of the checkpoint is to detect and deter DUl /unlicensed drivers. A sobriety /driver license checkpoint is not a "fishing expedition" for other types of violations. A supervisor shall evaluate and approve all enforcement actions that are other than DUI or driver license related. C. Every driver of an impounded vehicle shall be offered assistance. The assistance will be in accordance with the provisions of Baldwin Park Police Policy § 510.3, Vehicle Towing Policy. D. Every driver of an impounded vehicle shall be provided a Vehicle Impound Information handout. That handout will provide information about whether the vehicle was impounded for 30 -days or not, the appeal procedure, release procedure, and when and where the vehicle may be retrieved. That is a two -sided handout that is in both English and Spanish (Attachment #2 BPPD Form #2008 -03). E. When/if particularly signs or behavior normally associated with DUI are observed, or further investigation of the status of the driver license is warranted, the driver will be escorted afoot to the secondary area where further investigation will be conducted. Officers shall not permit a suspected DUI driver to drive his vehicle into the secondary area. An officer will be responsible to safely move the vehicle out of the traffic lanes and into the appropriate area. NOTE: While alcoholic beverage containers alone are not sufficient grounds for further testing, they are indicators of possible DUI violations. When those containers are observed in the immediate area of a driver, officers should be especially alert for other symptoms of DUI. (1) Escort the driver away from his/her vehicle, so the passengers (if any) can not easily view the field sobriety tests (FST). That is to avoid any interference or disruptions that may arise if the driver is subsequently arrested. (2) When an arrest for DUI is made, investigative /arrest procedures as directed in this manual shall be used. The officer who originally screens the driver may conduct the FSTs and arrest or have the Traffic Sergeant designate an investigating officer. Chemical testing and booking of the arrestee should be handled by the arresting officer, but may be delegated to another officer. As a screening officer moves from the lane with a suspected DUI driver, a standby officer should rotate into the lane and assume screening duties if available. Drivers who are not arrested after completing the FSTs shall be assisted back into traffic. 504.12 REPORTING REQUIREMENTS A. At the conclusion of each checkpoint operation, the Traffic Sergeant shall complete the After Action Summary section of the Operational Plan form. B. The Traffic Sergeant shall ensure that the following data and documentation is added to the checkpoint operational file: (1) Press Release (pre and post if needed) (2) Copy of Designated report (DR) log (3) Digital photographs of checkpoint set -up (4) Data related to number of vehicles screened (5) Roster of personnel that worked the checkpoint. (6) Documentation of surveyed waiting times it took motorists to get through the actual checkpoint lane. (7) Operational statistics; arrests, citations, impounds, etc. 504.13 PRESS RELEASES AND NOTIFICATIONS A. Traffic personnel shall distribute a pre - operational press release 48 -hours prior to the checkpoint operation date to the following: (1) San Gabriel Valley Tribune (2) La Opinion News (3) Posted at City Hall/Council Chambers Bulletin Board (4) Posted on the City of Baldwin Park Web Page Notifications shall include general information outlining the date, time, and summary of the operation. The name and phone number of an available press contact shall be included, The specific location of the checkpoint should not be published in the pre- operational press release (Attachment #3 Press Release). B. Traffic personnel shall obtain and preserve copies of any articles publicizing the checkpoint. These articles or records of announcement shall be filed with the operational plan establishing the checkpoint. C. Suitable locations should be designated at checkpoint sites for media use. This procedure will ensure full cooperation while preventing interference with checkpoint personnel by the media. D. At the conclusion of the checkpoint operation, the Traffic Sergeant shall forward to the Chief of Police and Operations Commander a summary of the checkpoint to minimally include the location, date, times, and statistical data related to the number of vehicles screened, arrests, citations, and vehicles impounded. 504,14 MULTI - AGENCY CHECKPOINTS A, The Traffic Sergeant may permit officers from the Baldwin Park Police Department to participate in multi - agency checkpoints that are hosted in another city with the approval of the Operations Commander. B. The Traffic Sergeant may permit allied agency participation in Baldwin Park checkpoints, as long as the Baldwin Park Police Department maintains the lead role in the operation and all outside agency officers conform to the operating standards contained in this manual. 504.15 EQUIPMENT A. Warning signs shall be located in such a manner as to adequately warn motorists that they are approaching a sobriety/driver license checkpoint. NOTE: At least five reflective warning signs shall be used when setting up a sobriety checkpoint: two signs shall read "DUI/CDL CHECKPOINT AHEAD;" one sign shall read "PREPARE TO STOP;" two signs shall read "STOP." When available, an electronic message board should be utilized to display a message similar to "DUI /CDL CHECKPOINT AHEAD - PREPARE TO STOP." B. Preliminary Breath Testing Equipment. At least one Preliminary Alcohol Screening (PAS) devices shall be made available for use at the checkpoint. 504.16 PERSONNEL SUPPORT VEHICLES A. Personnel support vehicles may be used at sobriety /driver license checkpoint locations to provide a suitable break area for checkpoint team members and to provide electrical power for additional portable lighting and other electrical equipment. That may include the Mobile Command Center (MCC), Traffic Command Trailer, or other appropriate vehicles. ATTACHMENTS: o #1 Sample Operational Plan o #2 Vehicle Impound Information Sheet (BPPD Form #2005 -03) o #3 Sample Press Release Attachment #1 BALDWIN PARK POLICE DEPARTMENT BALDWIN PARK POLICE DEPARTMENT SOBRIETY CHECKPOINT OPERATIONAL PLAN The Baldwin Park Police Department will be conducting a Sobriety Checkpoint on DATE. The checkpoint will be conducted in accordance with this Operational Plan and procedures established in Baldwin Park Police Policy § 504. This checkpoint site was selected based on analysis of location of DUI incidents, traffic collisions, and traffic patterns, to include areas of high traffic volume. Also taken into account was the sufficiency of the staging area, impact on traffic flow, and relationship to adjacent residential /commercial areas. Primary consideration was public and officer safety. This checkpoint will not operate during periods of dense fog, visibility of less than 600 feet, nor during rain. Should Team Member strength drop, due to unforeseen incidents, to a level the Checkpoint Supervisor believes is unacceptable for conditions and/or officer safety, the checkpoint will be shut down. I. Situation A. Checkpoint Operation Briefing will begin at 1800 hours in the Briefing Room. The checkpoint is expected to be set -up and in operation by 1830 hours, DATE. The checkpoint will stop and be broken down at XXXX hours, DATE. B. Location The primary location will be the westbound lanes of XXXX Avenue and XXXX Avenue where they intersect. The posted speed limit is 35 M.P.H. The checkpoint will be set -up in accordance with the attached checkpoint sketch. The Checkpoint Supervisor as dictated by on -site conditions may make changes. C. Screening of Vehicles by Officer Screening Officers should be conscious of Officer Safety when contacting motorists. All vehicles, regardless of type, will be subject to screening. This includes commercial vehicles such as buses and large trucks. Vehicles will be stopped in accordance with the screening procedure established in Baldwin Park Police Policy § 504, not on a discretionary basis. Upon determining that no hazard exists, officers should greet the driver of the vehicle in a manner similar to: "Good evening sirlma'am, this is a sobriety and driver license checkpoint. Have you had any alcoholic beverages to drink today? May I please see your drivers' license? How are you this evening ?" After the driver license has been checked and deemed valid, and no signs of impairment are observed, the driver should be handed a California Office of Traffic Safety Sponsored information pamphlet (if available), thanked for stopping, and allowed to continue. Delays of motorists should be kept to a minimum. Optimally, screening should not take more than 30 seconds, D. Screening Procedure The screening procedure for the Baldwin Park Police Department shall be that every vehicle that enters the checkpoint is contacted. If at any time the traffic volume prevents the screening of all vehicles within a reasonable wait period, the supervisor will either add additional officers to assist with screening or the line of motorists will be allowed to proceed without stoppage or contact until diminished to a reasonable wait period through the checkpoint. E. Checkpoint Forms A "log person" shall be appointed to perform record keeping duties. These duties include keeping record of the number of vehicles that pass through the checkpoint, the number of arrests made, and any problems encountered. II. Personnel Involved NAME PRIMARY ASSIGNMENT CALL SIGN OFFICER XXXX XXXX All police personnel assigned to the checkpoint will be in authorized Patrol, Traffic, or Detective uniform at all times while in public view. All team members involved in the screening of vehicles or assigned to an area that exposes them to moving traffic, shall wear a reflectorized vest at all times. Secondary assignments will also be detailed in briefing and as the checkpoint progresses. The Checkpoint Supervisor at the Supervisor's discretion may rotate primary and/ or secondary assignments. III. Equipment Patrol Units To be used as a chase Patrol Units - To be positioned for visibility and officer safety Jail Van - To be used to transport arrests IV Booking All subjects arrested for D.U.I. will be booked and held at the Baldwin Park Police Department until released on their written notice to appear. Arrests that will be held for incarceration and not released on their written notice to appear will be held in the Baldwin Park City Jail until their arraignment. V. B.A.C. Testing /Samples The breath machine at the Baldwin Park City Jail will be used for all breath tests. Queen of the Valley Hospital will be used for blood samples. Team Members will be responsible for completing documentation for breath test, blood tests, and evidence control forms. VI. Closest Hospital and Ambulance Service In case of injury, the closest hospital will be Kaiser Hospital, Baldwin Park. VII. Vehicle Storage /Impound The storage /impound of vehicles at all checkpoints will be conducted in accordance with this Operational Plan and procedures established in Baldwin Park Police Policy § 510, Vehicle Towing Policy. VIII. Press Notification By Officer DUI CHECKPOINT XXXX Ave cckpoint Sign (p-t-ahe l Intersection Prior) . . .......... . XXXX Road Checkpoint Sigi ) (Posted 1 Intersection Prior) jj Seconder -y—S-c--r-e--e-n-i-n - g A . rea -- Exit -. -__. _ i —-Chellp (Posted I Intersection Prior) _Primary Screening Area Lsto-P�Sigris �� .Primary Screening Area � L, Checkpoint Sign (Posted I lntersec6ort Prior) Attachment #2 CASE# BALDWIN PARK POLICE DEPARTMENT VEHICLE IMPOUND INFORMATION [ ] One Day Storage [ ] 30 Day Storage If your vehicle was towed by the Baldwin Park Police Department for any of the following reasons: 1, Hold for Prints 3. Unlicensed Driver 5. Driver Arrested 2, Hold for Evidence 4. Suspended License 6. Registration or Parking Violation Then you must secure a release from the Baldwin Park Police Department, Records Division located at: 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -1955 or (626) 813 -5230 The following is required: • A vehicle must have current registration to be released from the Police Impound Yard. • The registered or legal owner must present valid identification. No one can claim a vehicle without valid identification such as a driver's license, state identification card, passport or other valid identification. If the vehicle owner has current registration under his or her name but no valid identification, the owner must show another form of acceptable identification. • A valid driver's license must be presented at the time of the vehicle's release to drive the vehicle out of the Police Impound Yard. • If the owner does not have a valid driver's license, he /she can bring another individual who has a valid driver's license in his /her possession to remove the vehicle from the Police Impound Yard. Police personnel will review the driver's license to verify its validity. • A fee to be paid in CASH or Check for the release of the vehicle. Fees: $144.24 for a regular impound or storage; $250.00 for a DUI impound Location: Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Hours: Monday — Friday 8:00 a.m. - 6:00 p.m .If your vehicle was not towed for any of the above reasons then no release is required, however you must bring identification, driver's license, current registration, and proof of insurance to: Royal Coaches Towing at 14827 Ramona Boulevard Baldwin Park, CA 91706 (626) 960 -1824. POST STORAGE HEARINGS In Person: Monday -- Friday (Excluding holiday's) at 12:45 p.m. You may request a post storage hearing in writing, person, or by telephone: In Writing: Baldwin Park Police Department Attention: POST STORAGE HEARING OFFICER 14403 E. Pacific Avenue Baldwin Park, CA 92701 Telephone: (626) 960 -1955 BPPD Form 2008 -03 (Revised 08110) Attachment #2 CASO # DEPARTAMENTO DL POLICIA DR BALDWIN PARK INFORMACIL`NDEL DEMSITO MUNICIPAL DE VEWCULOS Vehiculo detenido por un dia C Vehiculo detenido por treinta (30) dias SI el Departamento de Policia De Baldwin Park le remolc6 el vehiculo por una de las slgulentes razones: 3. Retenc €6n para obtener huellas digitales 3. Chofer sin licencia 5. Arresto del chafer 4. Retencl6n por razones de evidencia 4, licencia suspendida 6. Infraccl6n de registro o estac €onamiento Es necesario que obtenga permiso Para la entrega del vehiculo del Departamento de Policla de Baldwin Park, Division de Registros [Records Division] ubicado en 14403 E. Pacific Avenue Baldwin Park, CA 91706. (626) 960 -1955 6 (626) 813 -5230 Es necesarlo contar con to sigulente: • Es necesario que el vehiculo cuente con on registro Olido para poder retirarlo del Dep6sito Municipal de la Polida. • Es necesario que el duefio registrado o legal presence identificaci6n v6lida. No se podr6 reclamar on vehiculo sin identificad6n v6lida, tal como licencia pars conducir, tarjeta estatal de identificaci6n, pasaporte u otra identificaci6n 011da. S€ el dueflo del vehiculo cuenta con on registro actual bajo so nombre pero no cuenta con identificaci6n 011da, es necesario que el dueflo presente otro tipo aceptable de identificaci6n. • Es necesarlo presentar una licencia v6l €da de conducir a la hora de entrega del vehiculo Para poder retirar el vehiculo del Dep6s €to Municipal de la Policia. • SI el dueno no cuenta con licencia v6lida de conducir, 61leila podr6 traer a olro individuo que cuente con licencla v6lida de conducir y la tralga consigo para retirar el vehiculo del Dep6sito Municipal de la Policia. El personal policial examinar6 la licencla de conducir para verificar su validez. • Es necesario pagar la cuota en EFECTIVO [CASH] o cheque para poder retirar el vehiculo. Cuotas: $144.24 por almacenaje o dep6sito regular; $250.00 por dep6sito a raz6n de manejar bajo la influencia de bebida Sitio: Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 lHoras: tunes - Viernes 13:00 a.m. - 6:00 p.m. Si a so veliieulo no to remolcaron por una de las razones anteriores, no es necesario obtener el permiso de entrega; no obstante, es necesario que usted traiga consigo identificaci6n, licencia Para conducir, registro actual y prueba de seguro (aseguranza) a: Royal Coaches Towing ubicado en 14527 Ramona Boulevard Baldwin Park, CA 91706 (626) 960 -1524. AUDIENCIAS TRAS ALMACENA]E En persona: Lunes - Viernes (Excepto dias de fiesta) 12:45 p.m. Usted puede solicitar una audiencia tras almacenaje por escrito, en persona o por teldfono: Por escrito: Baldwin Park Police Department Attention: POST STORAGE HEARING OFFICER 14403 E. Pacific Avenue Baldwin Park, CA 92701 Telefono: (626) 960 -1955 Formulario BPPD Form 2008 -03 (Revised 08/10) Attachment #3 Baldwin Park Police Department Press Release DATE: TIME: LOCATION: City of Baldwin Park EVENT: Sobriety/Driver's License Checkpoint SUMMARY OF EVENTS: On the Baldwin Park Police Department will be conducting a DUI/Driver's License Checkpoint at an undisclosed time and location, within the City of Baldwin Park, The program is a proven and effective tool for achieving the city's goal in removing impaired drivers from our streets. The potential for an impaired driver to become involved in a traffic collision is greater due to a driver's slowed response and poor decision making while under the influence of alcohol or drugs. These types of enforcement programs also provide officers an opportunity to educate the driving public in regards to safer driving habits and the consequences of drinking and driving. Funding for this enforcement action is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration. Prepared by Contact Number Section 510 Baldwin Park Police Department Vehicle Towing Policy 510.1 GENERAL The Department removes vehicles from a highway, public or private property, under legal authority. The Vehicle Code (VC) uses the word "removes" as a loose term encompassing several specific terms. The Department "stores" vehicles for safekeeping, "impounds" vehicles from unlicensed or suspended drivers and "seizes" vehicles for evidence. Stored, impounded, or seized vehicles are those which are taken by officers of this Department in a manner provided by law. Provisions for storing vehicles are found in the VC and various case law decisions. The authority to impound and seize a vehicle is found primarily in the VC, California Constitution, and various case law decisions. Those sections may contain conditional provisions for vehicle release. 510.2 PURPOSE & SCOPE This policy provides the procedures for towing a vehicle that has become the responsibility of the Baldwin Park Police Department. 510.3 RESPONSIBILITIES A. Officer: (1) Officers requesting storage of a vehicle shall complete a CHP Form 180. (2) Officers shall complete an inventory of all property in a stored or impounded vehicle and list the property on the vehicle storage form. That includes the trunk and any compartments or containers. Officers conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to ensure against claims of lost, stolen, or damaged property, and to provide for the safety of officers. Officers shall also afford and encourage the drivers of vehicles stored to remove any valuables they may have in the vehicle. The property removed by the driver can also be documented on the vehicle storage form. (3) Officers may drive vehicles which have become the responsibility of the police department only if it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant, or to comply with posted signs. (4) Officers completing the CHP Form 180 will ensure that a copy of the JDIC computer print out is attached to the form. (5) Officers shall offer assistance to every driver /occupant of an impounded vehicle. The assistance shall be in the following forms: (a) assistance in making alternative transportation arrangements, (b) assistance in making telephone calls for transportation arrangements, and (c) being taken to a safe location by officer, tow operator or other (6) The officer shall document the assistance provided to the driver /occupants or the driver /occupant's refusal of any assistance on Baldwin Park Police Form #2006 -09, Statement of Facts. B. Communications: (1) Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. (2) Dispatch will promptly enter the towed vehicle license plate and/or vehicle identification number into JDIC as stored /impounded vehicle. 510.4 NOTICE OF STORED VEHICLE (CHP 180) A. Section 22852 VC requires that when a vehicle is stored or impounded as authorized by the VC, the registered owner (RIO) and legal owner (L /O) shall be notified in writing of the grounds for removal, the place of storage, and of their right to a post - storage hearing within 10 days after the date appearing on the notice. B. A CHP 180, Notice of Stored Vehicle, shall be prepared for all stored or impounded vehicles. This notice shall include the name, address, and telephone number of the agency providing the notice, the name, address and telephone number of the tow service, and a description of the vehicle C. The Notice of Stored Vehicle shall be sent within 48 hours, excluding weekends and holidays. (1) This notifies the owners of the opportunity for a post - storage hearing. (2) A Notice of Stored Vehicle shall be sent regardless of when the vehicle was returned to the owner(s). (3) The name and address of the R/O and L/O is obtained by requesting a registration check from the communications center. The Notice of Stored Vehicle shall be distributed as follows: (a) Original to RIO. (b) Copy to L/O (if different than the RIO). (c) Copy to storing agency's file. D. The BPPD employee sending the "Notice of Stored Vehicle" to the RIO and/or L/O shall sign the storing agency's copy and indicate the date the notice was sent. E. The storing agency copy shall be attached to the original CHP 180, Notice of Stored Vehicle, along with the verifying Stolen Vehicle System (SVS) entry. 510.5 CALIFORNIA VEHICLE CODE REMOVAL AUTHORITIES A. Section 10751(b) VC - Altered /Missing Vehicle Identification Number, Whenever a vehicle or part of a vehicle has an 'identification number obviously mutilated or removed, and comes into the possession of an officer, it should be impounded. A supervisor or vehicle theft investigator's approval should be obtained prior to impoundment. B. Section 14602.6 VC - Unlicensed Dfiver/30-Dgy Hold. This section provides for the 30 -day impoundment of a vehicle. (1) A vehicle is subject to a 30 -day impoundment when an officer encounters a driver under the following conditions: (a) A suspended or revoked license. (b) Their driving privilege is restricted pursuant to Section 13352 or 23575 VC and the vehicle is not equipped with a functioning, certified ignition interlock device. (c)The driver has never been issued a license, and there are indications the driver will continue to drive if he or she continues to have access to the vehicle. (2) The following conditions must be met before impounding a vehicle pursuant to Section 14602.6 VC: (a)Officers shall issue a citation prior to impounding when there is sufficient evidence to establish a violation of Section 12500(a), 14601, 14601,1, 14601.2, 14601,3, 14601.4, or 14601,5 VC. (b) Officers may issue a citation when impounding a vehicle as a result of a traffic collision, but shall ensure that there is sufficient evidence to establish one of the above violations. (3) A vehicle should not be subject to a 30 -day impound under the following conditions: (a) The driver's license is expired or when a driver is driving out of class. For those situations, Section 22651(p) VC should be used. (b) An individual's driving privilege has been suspended under Section 11350.6 of the Welfare and Institutions Code (W &I). (c) The driver's license is suspended for no proof of insurance. (4) The CHP 180, Notice of Stored Vehicle, shall be prepared and processed as follows for a 30 -day impoundment: (a) Officers shall mark the "Agency Hold" box and indicate "Hold for 30 days" in the top margin of the CHP 180. (b) A Notice of Stored Vehicle, a part of the CHP 180, shall be sent by certified mail, return receipt requested, to the L/O of a vehicle within two working days of impoundment. The RIO shall be notified in accordance with Section 22852 VC. (5) The RIO and L /O, or their agents, shall be provided the opportunity for a storage hearing to determine the validity of, or consider any mitigating circumstances attendant to, the storage, in accordance with Section 22852 VC. (6) When an owner requests, through the hearing process, an early release of a vehicle impounded for 30 -days, it shall be released under the following circumstances: (a) When the vehicle is a stolen vehicle. (b) When the vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment, including parking or repair garage. (c) When the license of the driver was suspended or revoked for an offense other than those included in Article 2 (commencing with 13200 VC) of Chapter 2 of Division 6 or Article 3 (commencing with 13350 VC) of Chapter 2 of Division 6 of the VC. These exemptions include, but are not limited to, speeding or reckless driving, suspension for prostitution or controlled substance offense, driving in excess of 100 miles per hour, or minor's unlawful use of firearms. (d) When the driver can show proof that his/her driving privilege has been reinstated or obtains a valid driver license, and presents proof of current registration, or upon order of a court. (e) Early release can no longer be denied if the decision is primarily based upon the owner's failure to inquire or determine the prospective driver possessed a valid driver's license. This is the result of a Court of Appeal decision, Earl Smith tli v. Santa Rosa Police Department (2002) 97 Cal. App. 4 546, 119 Cal. Rptr. 2d 72. (7) Supervisors shall use discretion when releasing vehicles prior to the end of the 30 calendar -day period. All decisions shall ensure that the driver at the time of the impoundment does not have access to the vehicle for 30 days. Additionally, if the 30 -day release falls on a weekend or holiday, arrangements shall be made for release to avoid an additional gate fee which could cost more than another day's storage fee. (8) No vehicle shall be released without presentation of the R/O or agents valid driver's license and proof of current vehicle registration to the storing agency. NOTE: The U. S. Ninth Circuit Court of Appeal decision, Miranda v. City of Cornelius th (2005) (U.S. Court of Appeal, 9 Circuit, 429 P,3d 858), does not impact the authority to impound a vehicle when a driver is cited under 14603 VC, since the driver has already been convicted of a crime and is driving on a suspended or revoked driver license. A violation involving a suspended or revoked driver license is different from simply driving without a current and valid driver license. C. Section 14602.8(a) VC — 5 or 15 DU Impoundment for Second or More Prior Driving Under the Influence (DUI, Convictions. This section should be used to impound a vehicle for 5 or 15 days when the driver has a blood alcohol content (BAC) of 0.10 percent or more and has one or more prior DUI convictions within the preceding 10 years at the time of their arrest. (1) A five -day impoundment occurs when the driver has one prior DUI conviction within the preceding 10 years and a 15 -day impoundment when the driver has two or more prior DUI convictions within the preceding 10 years. Time shall be calculated from the arrest date (date of violation) which resulted in a conviction for 23140, 23152, or 23153 VC, (2) In the event no immediate BAC results are available, two BAC results of 0.10 percent or greater from a portable evidential breath testing (PAS) device, set at "evidentiary mode," may be used to establish vehicle impoundment under Section 14602.8(a) VC. (3) If the driver refuses to submit to a chemical test, then the vehicle is subject to impoundment pursuant to 14602.8(a) VC. (4) If the driver chooses a breath test, then the impound authorities listed on the CHP 180 would be Section 22651(h) and Section 14602.8(x) VC. (5) If a driver is arrested for DUI who is unlicensed, suspended, or revoked (suspension/revocation meets the 30 -day impoundment criteria) and has a confirmed DUI conviction within the past 10 years, then Section 14602.6 VC would be the only impound authority written on the CHP 180, Notice of Stored Vehicle. (6) Section 14602.8(a) VC — Release Procedures. Release of a vehicle under 14602,8(a) VC will follow the same release requirements of 14602.6(d) (1) VC with the following exceptions: (a) Failure to notify the L/O within two working days by certified mail, return receipt requested, shall prohibit the impounding agency from charging more than five days impoundment. (b) The vehicle shall be released to the RIO other than the driver ( arrestee) if the RIO agrees not to allow the driver to use the vehicle until the end of the 5 or 15 day impoundment period. D. Section 22651 VC - Circumstances Permitting Removal. Officers may remove a vehicle from a highway, or in certain cases from public lands or private property, located within the territorial limits under any of the following circumstances: (1) Section 22651(a) VC - Unattended on Bridge. (Reference Sections 225000) and (k) VC.) (2) Section 22651(b) VC - Obstructing Traffic. Use this section when any vehicle is left upon a highway in such a position to obstruct the normal flow of traffic or creates a hazard to traffic. This section has been interpreted to address vehicles left in the roadway. (Reference Sections 22500(g), 22504(a), 22510, and 22520 VC.) (a) In considering whether a vehicle creates a hazard to traffic, the officer should consider reduced visibility caused by darkness, fog, snow, etc. (b) Vehicles involved in accidents when other removal sections are not applicable and vehicles are leaking hazardous materials. Reference California Peace Officer's Legal Source Book. (c) A visual hazard alone does not constitute a vehicle creating a hazard upon a highway (e.g., vehicle abandoned in a field after running off roadway). (3) Section 22651(c) VC - Stolen/Embezzled Vehicle upon a highway or public lands. (4) Section 22651(d) VC - Blocking Driveway. (Reference Section 22500(e) VC) (a) Officers should make a reasonable attempt to locate the vehicle's owner. (5) Section 22651(e) VC - Blocking Fire Access. (Reference Section 22514 VC.) (6) Section 22651 (g) Driver Incapacitated. Use this section when a driver is taken to the hospital after a collision. (7) Section 22651(h) VC - Driver in Custody. Use this section to provide for the safekeeping of vehicles and the property they may contain. (a) This section applies to vehicles on highways, public lands, or private property when the driver or person in control of a vehicle is arrested and taken forthwith. (b) Officers shall not store vehicles from private property if the property is owned, leased, or rented by the driver or person in control of the vehicle. This includes parking spaces at community parking facilities, single family dwellings, apartment complexes, etc., where the driver or person in control of the vehicle resides if the vehicle can be safely secured. (8) Section 22651(i) VC - Five or More Parking Violations. (a) The officer shall secure permission of a supervisor, when possible, prior to storage. (9) Section 22651(j) VC - Illegally Parked with No License Plates. (10) Section 22651 Lk) VC - Parked over 72 Hours in violation of an ordinance. (a) In the "Remarks" section of the CHP 180, Notice of Stored Vehicle, indicate the ordinance violated which authorized removal. (b) Officers should be able to articulate a belief that the vehicle has not been moved during the time period (marking tires, etc.). (11) Section 22651 1 VC - Cleaning/Construction Access. In the "Remarks" section of the CHP 180, indicate the ordinance that prohibited parking and state the contents of posted signs; e.g., "No Parking or Stopping Between 6 a.m. and 9 a.m." (12) Section 22651(m VC - Parade Access. Use this section when a highway has been authorized by local authorities for parades, celebrations, fairs or movement of equipment, articles, or structures of unusual size, and signs are erected 24 hours prior to removal. (13) Section 22651(n) VC - Local Ordinance. In the "Remarks" section of the CHP 180, indicate the local ordinance and state the contents of the posted sign; e.g., "Tow Away Zone, No Parking or Stopping." (14) Section 226510 VC - Vehicle Registration Expired Six Months, (a) Officers may remove a vehicle for unpaid registration when the expiration date is in excess of six months prior to the date the vehicle is located. (b) Officers should check the box on the CHP 180 (Section 22850.3 VC) to ensure proof of current registration is provided for vehicle release purposes. (c) When a vehicle registration inquiry (license plate or VIN) is made and returns with "NO RECORD ON FILE," this message identifies that no transactions have taken place on the vehicle for four years. NOTE: A VIN inquiry automatically checks all states. Officers shall not remove a vehicle when an inquiry for an out - of -state or California license plate returns with "No Record on File;" however, officers may remove a vehicle when a VIN inquiry returns with "No Record on File." (Refer to Sections 4000[a], 8804, and 6700[a] VC.) (d) The person in control of the vehicle may be cited for the registration violation, Section 4000(a) VC, in the following instances: (e) When a registration inquiry returns with a "Pending Master File" record, the vehicle is not properly registered. However, the vehicle shall not be removed unless it can be verified that the registration fees have not been paid in excess of six months. (f) If fees have been paid within six months, but follow -up such as a smog certificate or inspection has not been accomplished by the RIO, then the vehicle shall not be removed. (g) Generally, officers should not cite in addition to removing a vehicle. Section 22850.3 VC provides that a vehicle may not be released until proper registration is presented. (15) Section 22651(p) VC Unlicensed /Suspended Driver. Officers shall use the most appropriate vehicle impound authority when they encounter a driver who is unlicensed or has a suspended /revoked license. Consideration should be given to previous actions which have failed to deter the driver. This authority may be used to store a vehicle when a driver's suspension is for Section 11350.6 W &L Section 22651(p) VC should be used unless circumstances warrant a more severe action. (a) All of the following conditions shall be satisfied prior to impounding a vehicle pursuant to Section 22651(p) VC: • The officer has taken reasonable precautions to ensure the driver is unlicensed or that the driving privilege is suspended or revoked at the time of the enforcement contact. • If it is determined that the person's driving privilege is suspended or revoked, then the officer shall ensure that a notice of revocation or suspension was delivered under Service Code A, B, D, H, J, M, or P. A list of these DMV Service Codes follows: A — Mailed, not returned, unclaimed, suspension issued before 6- 30 -95. A — Certified mail, suspension issued after 6- 30 -95; driver properly served once 45 calendar days have passed from service date. A — Mailed, not returned, unclaimed, suspension issued after 9- 30 -02. B — Served, signed document on file. D — Personal service document on file. H — Acknowledged, no signature. J — Personal service by officer. M — Verbal by court, DMV, or law enforcement. • The driver has been cited for a violation of Section 12500, 14601, 14601.1, 14601,2, 14601.3, 14601.4, or 14601.5 VC. (b) A computer inquiry message "VERBAL OR PERSONAL SERVICE IS NEEDED" will display on a driver record only when Service Codes "I- Returned unclaimed," "K- Refused," or "R- Personal service unsuccessful" are present, or when Service Code "A" is displayed with a service date prior to June 30, 1995. (c) An officer shall immediately issue a DL 310A, Verbal Notice by Peace Officer, DMV or Court Employee, on any Service Code "I" "K" or "R" and on any Service Code "A" issued prior to June 30, 1995. Under these circumstances, the vehicle shall not be removed unless further evidence of suspension can be substantiated. Further evidence includes statements by the driver, passengers, or other documentation. (d) Officers may also remove a vehicle pursuant to Section 22651(p) VC when the driver has a valid license, but the license is for a class vehicle other than the vehicle operated by the driver (violation of Section 12500[b], [c] or [d] VC). (e) It shall be the policy of this police department to store vehicles under this authority if the sole reason for the storage of the vehicle is due to the driver being unlicensed. Vehicles stored under this authority will be stored for one day. Officers shall use the most appropriate vehicle impound authority when storing vehicles due to other violations or circumstances. (16) Section 22651(r) VC - Illegally parked and blocks movement of legally parked vehicle. (17) Section 22651.5 VC - Vehicle Theft Alarm. The intent of this section is to prevent excessive disturbances of the peace in residential districts. The name of the reporting party should be shown in the "Reporting Party" box located above the "Remarks" section of the CHP 180, Vehicle Report. (18) Section 22651.6 VC - Vehicle Removal: Speed Contest. Officers may cause the removal of a vehicle used in a speed contest when the driver was arrested and taken into custody for a violation of Section 23109 VC. (19) Section 22652 VC - Vehicle Removal from Handicapped Parking Space. Local Ordinance. Refer to Sections 22507.8, 22511.7, and 22511.8 VC. (20) Section 22652.6 VC - Additional Circumstances Permitting Removal. Local Ordinance. (Refer to Section 22511.57 VC.) (21)Section 22653 VC - Removal from Private Property. (a) Section 22658(a) VC removal of stolen vehicle. (b) Section 22658(b) VC may remove vehicle involved in 20002 VC if property owner permits removal. (Refer to Section 22658 VC) (c) Section 22658 (c) VC driver arrested and taken forthwith to magistrate (22) Section 22655(a) VC - Iml2ounded Vehicles for Investigation. Use this section for the purpose of inspection when officers have reasonable cause to believe that a vehicle on a highway or private property has been involved in a hit and run accident and the driver has failed to comply with Sections 20002 through 20006 VC. (a) Watch Commanders should ensure post - storage hearing opportunities are afforded to the R/O or party of interest. (b) The RIO or agent is responsible for towing and storage fees. (c) If the vehicle needs to be held as evidence, it may be retained under the authority of Section 22655.5 VC. (23) Section 22655.3 VC - Removal for Investigation. Use this section to facilitate investigation of a vehicle used in violation of fleeing or evading. (Refer to Sections 2800.1, 2800.2 VC or 2800.3 VC.) (a) Attempts to contact the RIO shall be made as soon as possible to determine who had possession of the vehicle and if they had express or implied consent to drive the vehicle. Implied consent may be considered when the R/O states that the driver did not have permission but does not wish to file a stolen vehicle report. Information obtained should be entered in the arrest/investigation report to assist in establishing financial responsibility for the towing and storage charges. (b) If after removing a vehicle it is determined that the vehicle is stolen, the authority shall be changed to Section 22651(c) VC to recover the vehicle. (c) Vehicles shall not be held more than 48 hours without the approval of the Investigative Bureau Commander or Watch Commander. It is not the intent of the Department to deprive the R/O of their vehicle while conducting an extensive investigation. (d) All towing and storage fees are the responsibility of the R/O unless the vehicle was stolen or taken without permission. (24) Section 22655.5 VC - Vehicles Impounded for Evidence (Lien Charges. Use this section to secure and protect evidence that the officer has probable cause to believe was used as a means for committing a public offense. The vehicle should not be impounded pursuant to Section 22655.5 VC if there is no evidentiary value associated with the vehicle. (a) Whenever practical an officer shall obtain a supervisor's permission prior to impounding. (b) This section should be used as the impound authority when seizing vehicles as evidence. (c) Admissible evidence must be relevant, reliable, non - prejudicial, properly collected, documented and preserved, and not collected in violation of the defendant's constitutional rights, (Reference California Peace Officers Legal ,Source Book,) (d) Routine driving under the influence is not included in applicable public offenses. (e) A vehicle should not be seized as evidence for possible civil litigation at a later time. (f) If another storage authority applies such as Section 22651(h) VC, In Custody; Section 22655(a) VC, Hit and Run; Section 22655.3 VC, Evading a Peace Officer, etc., and the vehicle is not needed for evidence, that section should be used. (g) If the R/O is not the driver or a passenger in the vehicle impounded under this section, the officer should initiate contact with the R/O to determine if the driver had either been given express or implied consent to drive the vehicle. Implied consent may be considered when the RIO states that the driver did not have permission but does not wish to file a stolen vehicle report. Information obtained should be entered in the arrest /investigation report to assist in establishing financial responsibility for the towing and storage charges, (h) Officers have no affirmative duty to secure information or preserve evidence for civil litigation when officers have come to the aid of injured or stranded motorists. (Williams v. State of California [1983] 192Cal.Rptr. 233.) (i) Collection and Preservation of Vehicles as Evidence (Criminal). o The "due process" clause of the Fourteenth Amendment requires the state to disclose to criminal defendants all evidence which is material to either guilt or innocence. (U.S. Constitution. amend. XIV.) o Officers have no "due process" duty at the scene of traffic collisions or other crime scenes to collect and preserve vehicles or other articles which might prove useful to the defense. (People v. McNeil [1980] 169Cal.Rptr. 313.) (People v. Bradley [1984] 205Cal.Rptr. 485.) o Merely by securing a traffic collision or other crime scene, the officer is not deemed to have come into possession of all potential material evidence at the scene. (People v. Bradley [1984] 205Cal.Rptr, 485.) o Once an officer takes possession of a vehicle or article, from a traffic collision or other crime scene, to be held as evidence, the officer must ensure that adequate measures are taken to preserve it for use by the defense. (Referred to as a Hitch Motion, see People v. Hitch [1974] 117Cal.Rptr. 9.) o The Hitch case does not "affirmatively require the police to employ specific investigative techniques," nor impose a "duty to affirmatively exert effort to discover potential evidence for the purpose of preserving such evidence for defense." (People v. Cooper [1979] 157Ca1.Rptr. 348.) (People v. Maese [1980] 164Cal.Rptr. 485.) o In cases where a vehicle is seized as evidence of a crime when no arrest is made, supervisors shall ensure that the vehicle is processed and released as expeditiously as possible when no further legal purpose will be served by maintaining the vehicle in impound. o Vehicles impounded under the authority of a search warrant cannot be released except by a court order, per Section 1536 PC. NOTE: This requirement applies only to those items specifically listed on the search warrant. o No lien shall be assigned to vehicles held under authority of a search warrant. The Baldwin Park Police Department is responsible for towing and storage charges when released by court order. (25) Section 22656 VC - Removal from Railroad Right -of -Way. Officers may cause the removal of a vehicle that is parked or abandoned upon any track or within 7 %z feet of the nearest rail. A vehicle may be removed if parked beyond 7 1/2 feet of the nearest rail, but within the right -of -way of a railroad, street railway, or light rail if signs are posted giving notice that vehicles may be removed. (26) Section 22658 VC - Removal from Private Property. This Department generally does not conduct private property impounds. Vehicles abandoned on private property shall not be stored when the private property is a garage, repair shop, parking lot, or trailer park. (27)Scction 22669 VC - Removal of Abandoned Vehicles. To determine if a vehicle has been abandoned, consider the number of days the vehicle has been at the location, the condition of the vehicle, the statements of witnesses, and the hazard to public health, safety and welfare the vehicle poses, etc. Reference the California Peace Officer's Legal Source Book. (28) Section 23109.2 VC - Vehicle Impoundment: Speed Contests. (a) Section 22651.6 VC should be used first unless circumstances warrant a more severe action. Consideration should be given to previous actions which have failed to deter the driver, the required follow -up procedures for each impound authority, and any possible adverse operational impacts upon the Department. (b) Officers may arrest a driver and may impound a vehicle for 30 days following a violation of Section 23109 VC. The impounding agency will be held liable for the towing and storage costs if, prior to the end of the 30 -day impoundment, the citation is dismissed in the interest of justice, criminal charges are not filed because of a lack of evidence, or the charges are otherwise dismissed by the court. Because of the financial liability imposed upon the impounding agency by Section 23109.2 VC, members of this Department using Section 23109.2 VC as an impound authority shall use this section only if a flagrant violation has occurred and no other impound authority reasonably applies to the situation. (c) A supervisor's approval shall be obtained prior to impounding a vehicle pursuant to Section 23109.2 VC. (d) The legislative intent of this section is to ensure that the driver, at the time of the impoundment, does not have access to the vehicle for 30 days. E. Nothing in this policy precludes a police employee authorized to store privately owned vehicles from using discretion and taking into account any extenuating circumstances in deciding whether to store a vehicle for any period of time. 510.6 "No Preference" Tow Services The Police Department will assist citizens by calling any towing company desired on a vehicle storage at the request of a citizen. If the citizen has no preference and requests that an officer call a towing company, then one of the authorized firms shall be called in rotation, if more than one firm exists. This only applies to private person storage requests and not to a police tow pursuant to any of the above listed CVC storage authority sections. This includes private person tow request when a vehicle is disabled due to mechanical failure and vehicles disabled at the scene of an accident, etc. All officers are specifically prohibited from directly or indirectly soliciting for or recommending any garage or tow service. CITY OF BALDWIN PARK CITY COUNCIL AGENDA TREASURER'S REPORT August 31, 2010 OCT 2 0 An DESCRIPTION INTEREST PURCHASE MATUR DATE PAR CURRENT VALUE PRINGI AL VAL "" NO MARKET State of California Local Agency Investment Fund City 0.51% Varies Varies 18,141,426.24 18,141,426.24 18,141,426.24 18,141,426.24 Community Develop. Comm. 0.51% Varies Varies 9,872,831.06 9,872,831.06 9,872,831.06 9,872,831.06 Housing Authority 0151% Varies Varies 1,757,833.97 1,757,833.97 1,757,833.97 1,757,833.97 29,772,091.27 a 297772,091.27 29,772,091.27 29,772,091.27 Fiscal Agent Funds - City Varies Varies Varies 5,286,220.31 5,286,220.31 5,286,220.31 5,286,220.31 Fiscal Agent Funds - CDC Varies Varies Varies 2,351,524.76 2,361,524.76 2,361,524.76 2,361,524.76 $ 37,419,836.34 $ 37,419,836.34 7,647,745.07 $ 37,419,836.34 Total Investments $ 37,419,836.34 Cash City Checking 1,933,631.78 City Miscellaneous Cash 65,711.27 Comm. Develop. Comm. 255,474.23 Housing Authority 486,589.08 Financing Authority 0.00 Total Cash 2,741,406.36 Total Cash and Investments $ 40,161,242.70 Schedule of Cash and Investments includes all financial assets as included In the Comprehensive Annual Financial Report. There was no Investment maturity /purchase transaction made for the month of August 2010 and several deposits /wilhdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment Iiquldity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: , "S 1 Lq q a Quijano Ftr nce Director CITY OF BALDWIN PARK TREASURER'S REPORT September 30, 2010 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City Community Develop. Comm Housing Authority Fiscal Agent Funds - City Fiscal Agent Funds - CDC 0150% Varies Varies 18,216,426.24 18,216,426.24 18,216,426.24 18,216,426.24 0.50% Varies Varies 10,272,831.06 10,272,831.06 103272,831.06 10,272,831.06 0.50% Varies Varies 1,757,833.97 1,757,833.97 1,757,833.97 1,757,833.07 30,247,091.27 30,247,091.27 30,247,091.27 30,247,091.27 Varies Varies Varies 5,284,660.14 6,284,660.14 5,284,660.14 5,284,660.14 Varies Varies Varles 2,072,289.17 2,072,289.17 2,072,289.17 2,072,289.17 $ 37,604,040.58 $ 37,604,040.58 7,356,949.31 $ 37,604,040.58 Total Investments $ 37,604,040.58 Cash City Checking 927,368.02 City Miscellaneous Cash 52,297.51 Comm. Develop. Comm. 217,584.30 Housing Authority 529,276.60 Financing Authority 0100 Total Cash 1,726,526.43 Total Cash and Investments $ 39,330,567.01 Schedule of Cash and Investments includes all financial assets as included In the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of September 2010 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that suffictont Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of investment Policy. App oved by: ,V/W/V1 a Lo e a Quijano Finance Director is R11 " BALDWIN T -A - R, K C1TY OF BALDWIN PARK CITY COUNCIL AGENDA OCT z ITEM N0. STAFF REPORT TO: Honorable Chair and Planning Commissioners FROM: Marc Castagnola, AICP, Community Development Manager DATE: October 20, 2010 SUBJECT: A request for consideration of an amendment to the City's Municipal Code, adding language relating to tree preservation and protection on both public and private properties. (Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC -168). PURPOSE This report requests City Council consideration of an amendment to the City's Municipal Code adding language relating to tree preservation and protection on both public and private property. CEQA I NOTICING REQUIREMENTS In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed project will not have a significant impact on the environment. An Initial Study has been prepared by the Planning Division and the public review period as required by CEQA concluded on October 11, 2010. No comments were received on the Initial Study. As a result of the information contained in the Initial study, a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division for approval by the City Council. A Notice of Public Hearing on the proposed Zoning Code Amendment on the was posted at, City Hall, Baldwin Park Community Center, and Barnes Park on October 11, 2010. BACKGROU N DIDISCUSSION In February, 2010, Councilmember Rubio with the concurrence of the Mayor and other Councilmembers directed staff to research and develop a tree ordinance which would protect and preserve existing trees within the City. Additionally, on April 21, 2010, staff brought forth a report which provided an overview of the process for Baldwin Park to be designated a 'Tree City USA'. As a result, staff directed our zoning code update consultants, Hogle- Ireland, Inc., to prepare a draft ordinance which would be incorporated into the comprehensive Zoning Code /Design Guidelines /Subdivision Code Update and assist us in meeting the requirements for a Tree City USA designation. AZC -168 October 20, 2010 Page 2 The overall purpose of the ordinance sets out to accomplish four (4) goals: (1) establish standards and measures for preserving and protecting trees on public and private property; (2) maintain to the greatest extent possible a maximum tree canopy coverage in the City; (3) maintain trees in a healthy condition through good arboricultural practices; and (4) prohibit indiscriminate damage and destruction of trees in the City. The proposed ordinance will apply to all (i) trees on public property, including trees planted in parkways and parks, (ii) all trees planted on private property as required by the City as a condition of approval for a particular land use entitlement or shown on a landscape drawing or plan for a project approved by the City, and (iii) all mature trees on private property, as defined by the new code provisions. The proposed ordinance establishes a tree advisory board and a tree department. The Planning Commission is designated as the Tree Advisory Board and the Planning Division is designated as the Tree Department. A tree officer will implement the functions of the Tree Department with responsibilities which include making determinations on tree removal, issue permits, and preparation of the Tree Master Plan. The proposed ordinance requires all private property owners to accept, protect and preserve public trees planted in parkways or other public right -of -way abutting their lot, and not to interfere with the City's maintenance and pruning of such public trees. It also requires property owners to notify the Tree Officer of any suspected tree hazards or maintenance needs of any public on their property. The proposed ordinance also specifies rules and regulations for the trimming maintenance, and protection, and removal of trees on public property. Tree maintenance or removal of trees from public property shall only be undertaken by employees or contractors of the City. Injury or destruction of any public tree, among other things, by chemicals, construction, or fasteners (e.g. nails or rope), is unlawful. Mature trees' on private property can only be removed by first obtaining a permit from the Tree Officer. Such permit will only be issued if the Tree Officer can make one for the following findings: (1) the tree constitutes a hazard by virtue of its condition, (2) the tree removal is necessary as deemed by a certified arborist due to disease or infestation, (3) the tree removal is necessary to accommodate solar access, (4) the removal is necessary to prevent a substantial inconvenience or financial hardship to the property owner or (5) a suitable replacement tree will be planted within six months of the permitted removal of the subject tree. The proposed ordinance does not apply to: (1) emergency tree trimming or removal as determined by a responding law enforcement agency, the LA County Fire Dept, or the Public Works Director, (2) routine trimming or pruning of trees on private property that does not result in damage or death and does not result in loss of more than 50% of the five foliage, limbs, or root base and removal of deadwood, (3) the removal of any public 1 Any tree that is greater than 18 inches in diameter when measured 54 inches from the ground or greater than 40 feet in height, or any tree with historic value due to the tree's age or prominence as a local identifying feature. CAAmy1AMY1W0RDNReports\Counc €1 ReportslPZC -168 #2.doc AZC -168 October 20, 2010 Page 3 tree as directed by another public agency or insurance provider, (4) the removal of a diseased or dead public tree and (5) certain utility tree pruning mandated by the California Public Utilities Commission. PLANNING COMMISSION ACTION The Planning Commission heard this item at their September 29, 2010 meeting and after conducting the public hearing voted 5 -0 to recommend the City Council approve the Negative Declaration of Environmental Impact and the proposed amendments to the Municipal Code relating to the preservation and protection of mature trees. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff and the Planning Commission recommend the City Council open the public hearing, receive any public comment, and following the public hearing: (1) Waive further reading, read by title only and adopt Resolution 2010- 041 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-168,);" and (2) Waive further reading, read by title only and introduce for first reading Ordinance 1336 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 168)." ATTACHMENTS Attachment #1, City Vicinity Map *Attachment #2, Initial Study `Attachment #3, Draft Planning Commission Minutes, September 29, 2010 `Attachment #4, Resolution PC 10 -09 *Attachment #5, Resolution 2010 -041 *Attachment #6, Ordinance 1336 CAAmy\AMYM0RD1Reports\Cound1 Reports\AZC -168 #2.doc ATTACHMENT #1 CITY VICINITY MAP City of Baldwin Park ATTACHMENT #2 INITIAL STUDY 46�94 NOTICE OF INTENT TO ADOPT A BALD IN P . A - R . K NEGATIVE DECLARATION TO: County Clerk County of Los Angeles 12400 E. Imperial Highway, #2001 Norwalk, CA 90650 LEAD AGENCY: City of Baldwin Park 14403 E, Pacific Avenue Baldwin Park, CA 91706 PROJECT TITLE: AZC -168 PROJECT PROPONENT: City of Baldwin Park PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The proposed project involves approval of an amendment to the City's Zoning Code to include measures for mature tree preservation and protection on both public and private property, tree canopy coverage, and prohibition of indiscriminate damage and destruction of trees in the City. A more detailed description, location and probable environmental effects discussion are contained in the Negative Declaration and Initial Study. A_ copy of the Initial Study is available for review at the CitV of Baldwin Park, Planning Division, 14403 E. Pacific Avenue Baldwin Park CA 91706 626 813 -5261. REVIEW PERIOD: FROM September 22, 2010 TO October 11, 2010. Any comments you may wish to make regarding the action are hereby invited. Comments must be received in the offices of the Planning Division, City of Baldwin Park by Monday, October 11, 2010. Please send your comments to Amy L. Harbin, City Planner at the address shown above. We will need the name of a contact person in your agency. A public hearing by the City Council on the Draft Negative Declaration is scheduled on Wednesday, October 20, 2010, at 7 :00 p.m. at City Hall, Council Chambers located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Date ] 10 Signature: Printed Name: Amy L. ar in, AICP Title: City Planner Telephone: (626) 813 -5261 CA4mylA %MWORMCEQAWnUce of IntenWC -188 —Tree Preservalion.do; l CITY OF BALDWIN PARK BALDWtN NEGATIVE DECLARATION P , A , R . V DATE: September 15, 2010 APPLICANT: City of Baldwin Park TYPE OF PERMIT: Amendment to the Municipal Code FILE NO.: AZC -168 LOCATION OF PROJECT: Citywide DESRIPTION OF PROJECT: The project involves a request for an amendment to the City's Municipal Code, adding language relating to tree preservation and protection on both public and private properties. (Location: Citywide, Applicant: City of Baldwin Park; Case Number: AZC -168). It is the opinion of the ❑ Zoning Administrator ❑ Planning Commission ❑ x City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment, Mitigation Measures ❑ are attached 0 are not required (Signature) City Planner (Title) Date(s) of Public Notice: September 16, 2010 and October 7, 2010 x Posting at three (3) locations (City Hall, Ester Snyder Community Center, ..and Barnes Park) Posting of the properties Written notice to affected business owners CAAmylAKMWDRDICEQA\Neg DecsWZC- 168.d" r �AI.D_WiN P,A,R,K Project Title: AZC -168 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 2. Lead agency name and address: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5261 3. Contact person and phone number: Amy L. Harbin, City Planner 4. Project location: Citywide 5. General Plan Designation(s): Single - family Residential, Garden Multi- family Residential, Multi - family Residential, Neighborhood Commercial, General Commercial, Mixed Use, Commercial Industrial, General Industrial, Parks, and Public Facilities. 6. Zoning: DESIGNATION LABEL ° EXPLANATION R -1 Single - Family Residential R -G Residential Garden R -3 Multi - Family Residential C -1 Neighborhood Commercial C -2 General Commercial F -C Freeway Commercial O -I Office Industrial C -M Commercial Manufacturing I -C Industrial Commercial I Industrial O -S Open Space OVERLAY-ZONES SV Sierra Vista PD Panned Develop ment H Historic 7. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation, Attach additional sheets if necessary.) The City is proposing an amendment to the City's Municipal Code, which will establish regulations and standards to promote the benefits of a healthy urban forest on both public and private property. Regulations and standards will include maintenance of tree canopy coverage, maintenance of trees in a AZC -168 Ser)tember. 2010 healthy condition through good arboricultural practices, and prohibition of indiscriminate damage and destruction of trees in the City. 8. Surrounding land uses and setting: Briefly describe the project's surroundings: Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel River) freeways lies near the southwest corner of this 6.8 square mile City. Although Baldwin Park is predominantly a residential bedroom community, recent efforts have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build- out ", focusing efforts on the Redevelopment of land, especially within close proximity to the freeway and within the City's Downtown area. According to the 2000 Census, Baldwin Park has approximately 75,900 persons. This is more than double the population in 1960. Baldwin Park is predominantly a Hispanic working class community, although between the 1990 and 2000 Census has experienced a recent increase in its Asian population. Furthermore, the City has a considerably larger than average household size than the County average, suggesting increased pressure on the City's housing stock and the provision of services. 9. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) No other public agencies other than the Planning Commission and/or City Council of the City of Baldwin Park are required to approve this project. Please see attached the map which identifies the city's boundaries. Revised April 2010 City of Baldwin Park AZC -168 September. 2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural resources ❑ Geology /Soils ❑ Greenhouse Gas Emissions ❑ Hazard & Hazardous Materials ❑ Hydrology /Water Quality ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation /Traffic; ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Rf I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMAPCT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed. adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 1�Signature Revised April 2010 AZC -168 September, 2010 The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources. No aesthetic impacts will occur. Revised April 2010 a Less Than I. AESTHETICS Would the Potentially Significant With Less Than No Impact project: Significant Impact Mitigation Significant Impact Incorporated a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources. No aesthetic impacts will occur. Revised April 2010 AZC -168 September, 2010 Revised April 2010 II. AGRICULTURE AND FORESTRY Potentially ess Than Significant With Loss Than RESOURCES Significant Mitigation Significant No Impact impact Incorporated Impact in determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section [� 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Results in loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to [✓1 non - agricultural use or conversion of forest land to non - forest? Revised April 2010 AZC -168 September. 2010 a -c) No Impact. The Project considered in this Initial Study is the adoption of an amendment to the Municipal Code, which, if approved, establishes new regulations relating to the maintenance and removal of mature trees on both public and private property. The adoption of the proposed Amendment will not in itself have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Any subsequent development consistent with the amended Municipal Code will be reviewed as a project under CEQA, and therefore will be subject to a more detailed level of environmental scrutiny. III, AIR QUALITY Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact Impact Incorporated Impact Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or _ contribute substantially to an existing or [� projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air [✓� quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District ( SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project - related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Revised April 2010 AZC -168 September, 2010 The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments and the fact that any subsequent development projects will be assessed individually under CEQA. The Project itself will not create any objectionable odors. Subsequent potential impacts are tempered by the application of the environmental commitments, and by the City's ability and authority to review activities at the time a specific development project is proposed. IV. BIOLOGICAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Incorporated Impact Impact Would the.project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or [� regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural - community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or [� migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, Q such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other [r7f approved local, regional, or state habitat conservation plan? a -f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are Known to exist within the City. As described in the project description, the proposed amendment is a tree preservation and protection ordinance which will establish regulations and standards to promote the benefits of Revised April 2010 AZC -168 September, 2010 a healthy urban forest in Baldwin Park. As previously stated, the Project is a purely administrative act, and will not directly impact biological resources. V. CULTURAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact Incorporation Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined [� in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource [r� pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? d) Disturb any human remains, including those interred outside of formal cemeteries? [✓[ a -d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City have either been successfully catalogued, recovered, and/or protected consistent with the CEQA requirements, or been removed and/or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. VI. GEOLOGY AND SOILS Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact Incorporated Would the project: a) Expose people or structures to potential substantial adverse effects, including [� the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [✓[ iii) Seismic - related ground failure, including li uefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -site landslide, lateral spreading, Revised April 2010 AZC -168 September. 2010 a) No Impact. The Southern California area is acknowledged as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project- specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. in this regard, building officials and engineers have long- recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the CBC and current professional engineering practices are sufficient to reduce the effects of ground shaking below the level of significance. Further, as evidenced by extensive development within the City, it is anticipated that any future site - specific geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact. Due to its administrative nature, the Project does not have a direct impact on the soil. Environmental review of proposals submitted pursuant to the Amendment will provide for project - specific soil analysis, as well as the mitigation measures for any soil conditions that may affect, or be affected by, such proposed projects. Compliance with NPDES permit requirements, including an application of Best Management Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. Revised April 2010 Potentially Less Than Significant With Less Than No VI. GEOLOGY AND SOILS Significant Mitigation Significant Impact Impact Incorporated Impact subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in e Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a) No Impact. The Southern California area is acknowledged as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project- specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. in this regard, building officials and engineers have long- recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the CBC and current professional engineering practices are sufficient to reduce the effects of ground shaking below the level of significance. Further, as evidenced by extensive development within the City, it is anticipated that any future site - specific geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact. Due to its administrative nature, the Project does not have a direct impact on the soil. Environmental review of proposals submitted pursuant to the Amendment will provide for project - specific soil analysis, as well as the mitigation measures for any soil conditions that may affect, or be affected by, such proposed projects. Compliance with NPDES permit requirements, including an application of Best Management Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. Revised April 2010 AZC -168 September, 2010 c,d) No Impact, As evidenced by extensive urban development, the City is generally suitable for development, and is not substantially limited by unstable geologic conditions including potential susceptibility to landsliding, lateral spreading, subsidence, liquefaction, or collapse. Nor is there evidence that the City is widely affected by expansive soils conditions. Future development proposals will provide project - specific environmental review to determine geologic /expansive soils impacts, and appropriate mitigation measures that may be required. It is anticipated that compliance with applicable provisions of the CBC, together with application of accepted geologic /soils engineerting practices will typically provide appropriate design solutions for geologic conditions that may be encountered within the City, as such, no impacts are anticipated. e) No Impact. The City is generally improved with sanitary sewers connected to wastewater treatment facilities, which would provide for treatment of wastewater that may be generated by facilities implemented pursuant to the Amendment. As such, it is not anticipated that septic systems will be widely employed within the Project area. Since the proposed amendment creates standards for the preservation and protection of mature trees, the existing use of septic tanks or alternative waste water disposal systems that are currently operational and may be impacted by the preservation of mature trees an appropriate review will occur and determination made prior to the removal of any existing mature tree. The Amendment itself will have no impact in this regard. a -b) No Impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the City of Baldwin Park is almost entirely built -out, it is anticipated that any subsequent development will be connected to the local sewer system for the disposal of waste water, otherwise, a soil analysis will be completed to determine if the subject soils are capable of supporting an alternative waste water disposal system. Vlll. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No VII. GREENHOUSE EMISSIONS Significant Mitigation Significant Impact Im act p Incorporated Impact p Would the project; a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a -b) No Impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the City of Baldwin Park is almost entirely built -out, it is anticipated that any subsequent development will be connected to the local sewer system for the disposal of waste water, otherwise, a soil analysis will be completed to determine if the subject soils are capable of supporting an alternative waste water disposal system. Vlll. HAZARDS AND HAZARDOUS Potentially Less Than significant With Less Than No MATERIALS Significant Impact p Mitigation Significant Impact p Impact Incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine transport, Revised April 2010 AZC -168 September, 2010 VIII. HAZARDS AND HAZARDOUS Potential) Less Than Significant with Less Than No MATERIALS Significant Impact p Mitigation Significant Impact p Impact Incorporated use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the ro'ect area? g) Impair implementation of or physically interfere with an adopted emergency response [� plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent [. to urbanized areas or where residences are intermixed with wildlands? a -c) No Impact, Adoption of the proposed Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one quarter mile of an existing or proposed school. Any subsequent project that would be undertaken pursuant to the amended Municipal Code would be required to investigate the implications of hazardous materials. The study will include a complete assessment of potential hazards related to the site and include measures to mitigate any identified impacts of the project. Revised Apri! 2010 AZC -968 September, 2010 d) No Impact. Approval of the Project would not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As previously stated, any subsequent proposal which would be undertaken pursuant to the amended Municipal Code would be reviewed pursuant to CEQA and would be required to conduct a hazardous materials assessment. The study would include a complete assessment of potential hazards related to the site and develop any requisite mitigation. e,f) No Impact, No public or private airstrips are located within the City of Baldwin Park. The adoption of the proposed Amendment would not result in a safety hazard for people residin °g or working in the project area. g) No Impact, The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and /or negligence. The adoption of the proposed Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildiands are adjacent to urbanized areas or where residences are intermixed with wildland areas. IX. HYDROLOGY AND WATER Potentially Less Than Significant With less Than No QUALITY Significant Impact aon Margt Significant Impact impact I Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g. the production [✓1 rate of pre0- edisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of a site or an area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? Revised April 2010 AZC -168 September, 2010 IX. HYDROLOGY AND WATER Potentially Less Than Significant with Less Than No QUALITY Significant Impact p Mitigation Significant Impact p impact Incorporated e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or Q provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [1( a,f) No Impact. Approval of the Project would not violate any water quality standards, nor would it degrade water quality. As previously stated, the Project involves only administrative changes to the Municipal Code. The area encompassing the City of Baldwin Park is currently regulated by NPDES permit and Regional Water Quality Control Board (RWQCB) requirements supporting federal water quality standards and criteria established under the Clean Water Act. (CWA). Requirements and procedures established under these regulations typically act to mitigate potential water quality impacts of new development, including any future facilities that may be implemented pursuant to the amended Municipal Code. Further, consistent with the requirements of CEQA, project - specific environmental analyses will be performed on any future projects or facilities. On a project -by- project basis, these analyses will individually assess potential water quality impacts and provide any mitigation measures if necessary. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. The City is generally served by three (3) local water companies (Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company), and does not substantially rely on direct groundwater withdrawals. Further, it is not anticipated that any uses operated pursuant to the proposed Amendment would extensively utilize groundwater through direct withdrawals, nor would those uses substantially interfere with, or alter existing groundwater withdrawals. c,d,e) No Impact. The City generally does not contain significant water courses. However, the San Gabriel River is located along the City's western boundary and Big Dalton Wash and Revised Apri! 2010 AZC -168 September, 2010 Walnut Creek Wash traverse the eastern and southern portion of the City. As discussed previously, compliance with federal CWA and relevant NPDES permit requirements will effectively mitigate any potentially adverse impacts of storm water discharges within the City. Uses operated pursuant to the proposed Amendment will individually assess potential drainage system impacts, and mitigation measures will be provided if necessary. g,h,l) No Impact. No development will be implemented with approval of.this Project. As such, there is no potential for flood hazards associated with the proposed Amendment. f=uture individual environmental analyses will assess potential flood hazards and provide mitigation measures as necessary. Typical design solutions and/or mitigation would involve proper facilities orientation(s); grading and drainage improvements and/or creation of storm water retention /detention areas. j) No Impact. The City is not subject to significant hazards due to seiche, tsunami, or mudflow. k,l,m,n) No Impact. The construction of facilities is not proposed as part of the Project considered in this Initial Study. As such, the potential for increased stormwater runoff does not exist. In addition, the Project area is currently developed with urban uses and is not located proximate to any significant natural watercourses. X. LAND USE AND PLANNING Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Incorporated Impact p Impact Would the project: Incorporated a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local [� coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community [� conservation plan? a -c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific land use designations, as such the potential to divide an established community or conflict with any land use or conservation plans does not exist. XI. MINERAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact Incorporated Would the project: Revised April 2010 AZC -168 September, 2010 XI. MINERAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact Would the project result in: Incorporated a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? [✓� b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific a plan, or other land use plan? [JJ a,b) No Impact, The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ -2), an area where "adequate information indicates that significant mineral deposits are present or where it. is judged that a high likelihood for their presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and/or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. In addition, the administrative nature of the Project precludes any impact in this regard. XII. NOISE Potentially Significant Less Than Significant With Less Than Significant No Impact A Mitigation Incorporated Impact p impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise [✓� ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or [JJ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Revised April 2010 AZC -168 September, 2010 a -d) No Impact. Due to the administrative nature of the proposed Project, by including mature tree preservation and protection standards, it does not have the potential to directly result in noise impacts. a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off- site housing stock. No impacts relating to displacement of housing will result from the Project. Potentially Less Than Significant With Less Than No XIII. POPULATION AND HOUSING Significant Mitigation significant Impact Impact incorporated Impact Would the project; a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement [� housing elsewhere? [r� a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off- site housing stock. No impacts relating to displacement of housing will result from the Project. Revised April 2010 Potentially Less Than Significant With Less Than No XIV. PUBLIC SERVICES Significant Mitigation Significant Impact Impact Incorporated impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [� Police protection? [r� Schools? [✓1 Parks? Q Other public facilities? Q Revised April 2010 AZC -168 September, 2010 a -e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. a) No Impact. The Project does not propose eiements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. XVI. TRANSPORTATION{ TRAFFIC Potentially Less Than Significant With Less Than No XV. RECREATION Significant Mitigation Significant impact Would the project; Impact bncorporated Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [� b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) No Impact. The Project does not propose eiements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. XVI. TRANSPORTATION{ TRAFFIC Potentially Significant Less Than significant With Less Than Significant No Im act p Mitigation Incorporated Impact p Impact Would the project; a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and [� relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestions management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a Q change in location that result in substantial safety Revised ppd12010 AZC -168 September, 2010 XVI. TRANSPORTATION[ TRAFFIC Potentially Significant Less Than Significant With Less Than significant No SYSTEMS Impact p Mitigation Incorporated Impact p Impact risks? Incorporated d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm Q equipment)? e) Result in inadequate emergency access? C✓( D Conflict with adopted policies plans, or programs supporting alternative transportation [7 (e.g., bus turnouts, bicycle racks)? a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with the CEQA requirements, on a project -- specific basis. Individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITIES AND SERVICE Potentially Loss Than Significant With Less Than No SYSTEMS Significant Impact p Mitigation significant Impact p Impact Incorporated Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Q Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ,7 of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to [✓( serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the [� project's solid waste disposal needs? Revised April 2010 AZC -168 September, 2010 XVII. UTILITIES AND SERVICE Potentially Less Than Significant With Less Than No SYSTEMS Significant impact p Mitigation Significant Impact p Impact incorporated g) Comply with federal, state, and local statutes and regulations related to solid waste? a -g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and service systems. Due t6 the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. On a project- specific basis, individual environmental analyses for subsequent uses implementing the amended Municipal Code will assess potential utilities and service systems impacts and provide mitigation measures as necessary for development projects as they are proposed. Generally, potential utilities and service systems impacts are reduced through capacity improvements, increased treatment efficiencies via technologic improvements, reduced consumption through conservation efforts, and efficient technologies and resource reuse /recycling. XVIII. MANDATORY FINDINGS OF Potentially Less Than Significant With Less Than No SIGNIFICANCE Significant Impact Mitigation Significant Impact Impact Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major eriods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects which will cause substantial adverse effects on [r human beings, either directly or indirectly? a) No Impact. The Project is a purely administrative act to include development standards for the preservation and protection of mature trees through out the City of Baldwin Park and create a healthy urban forest, which in -turn would improve tree canopy, and prohibit indiscriminate damage and destruction of trees throughout the City. Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Revised Apn! 2010 AZC -168 September, 2010 b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact on any considered environmental topics. Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in any substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Revised April 2010 ATTACHMENT #3 PLANNING COMMISSION MINUTES, SEPTEMBER 29, 20'10 MINUTES WAY, , 20'10 JNCIL BERS Wenue in Park it the rs int Q Baldwin use ven an opportunity for their input. Joe Seay, representing the Seay family and property owners at Alderson Avenue, complimented Community Development Manager Castagnola and City Planner Harbin for their help in getting his tenants through the licensing procedures. He stated that he had concerns regarding case number AZC -169 such as the cost of getting a conditional use permit for his tenants. He stated that he opposed Ordinance 1290 and asked Commission to repeal it. Greg Tuttle, business owner, stated that there are a lot of historical sites that are going to be destroyed by a project from D.C. Corp. He also stated that Ordinance 1290 needs to be stopped and asked the Commission to think twice before approving 5k!inance 1290. He would like Ordinance 1290 to be repealed. Richard Rascon, 1352 E. Garvey Ave. business owner, he.statedthat he had asked City Planner Harbin if she knew if changing the zoning would devaluate fEe? property to which she responded she didn't know. He stated that location and'zoning vvere:the two most important things to consider because changing the zab"b ' vould devaluate the property. There being no further interest, Chair Dexter d6bia'red Public Communicatioris ,gLOSED. CONSENT CALENDAR 1) Minutes from August 25, 2010 Motion: Approve Moved by Chair James R. Dexter II, seconded by U�ce Chair Angela Alvarado. All in Favor. SET MATTERS - PUBLIC;HEARINGS 2) A REQUEST FOR; CONSIDERATION Ol= ktONDITIONAL USE PERMIT TO ALLOW THE MODIFICATLON OF AN EXISTING WIREL=ESS COMMUNICATION FACILITY LOCATED WITHIN ;THE IC, IND,U.STRIAL COMMERCIAL ZONE (LOCATION: 13209 E. GARVEY AVENUE, APPLICANT MARC;,MYERS =BCI COMMUNICATIONS, CASE NO.: CP- 778)...;;: > - calledfor staff- - retort to Commission. Planner presented staff.;report to Commission. Chair <D:exter called for CoM mission questions to staff. Commissi6ti :Urias asked' if the 2 live palm trees can be placed closer to the antennas. Associate PlanrierLopez replied that the 2 sites that were chosen by staff were the only feasible sites for tfe-live palm trees. There being no further Commission questions, Chair Dexter declared the Public Hearing OPEN. Applicant Marc Myers on behalf of Clearwire, stated that they were in agreement with staff recommendations and requested approval from Commission. There being no further comments, Chair Dexter declared the Public Hearing CLOSED, Chair Dexter called for a motion. Motion: Approve "Resolution PC 10 -11, "A RESOLUTION OF THE,,P ANNING COMMISS40N OF THE CITY OF BALDWIN PARK ADOPTING.THE FINDINGS OF FACT AND APPROVING A REQUEST A CONDITIONAL USE PERMITTO ALLOW THE MODIFICATION OF AN EXISTING WIRELESS COMMUNICATIO 4fACILITY LOCATED WITHIN THE IC, INDUSTRIAL COMMERCIAL ZONE. (LQWION 3209 E. GARVEY AVENUE; APPLICANT: MARC MYERS, BCI COMMUNICATIONS; CASE NO.: CP -778)" Moved by Vice Chair Angela Alvarado, seconded byGlar James R. DeXtr:lf. All in favor, 3) A REQUEST FOR CONSIDERATION OF AN.AMENDMENT TO THE CITY`5:';1_ MUNICIPAL CODE, ADDING LANGUAGE RELATING TO TREE. PRESERVAT ON ;AND PROTECTION ON BOTH PUBLIC AND PRIVATEPROPERTI_ES (LOCATION: `~ CITYWIDE; APPLICANT: CITY OF BALDWIN PARKCASENO.: AZC -968). Chair Dexter called for staff report City Planner Harbin presented staff re of to Chair Dexter called fo Chair Dexter asked. f he item City Planner Harblr -answered Chair Dexter asked inner tiaruin stated t ry Board to'm�alte..the Vide:.Chair Alvarado ask City Plarn"er :Harbin repl there was a `mature tre€ Commissioner ion questions e why p n. s that were over - trimmed a few years ago. s board to make decisions. Planning Commission would be appointed as the Tree ns. properties were added to the Ordinance. ,iat trees on private property would only be considered only if the property. d where the guidelines for the Tree Ordinance were taken from. City Planner Harbin replied that the Ordinance was taken from different Tree Ordinances throughout cities in Southern California that our Zoning Code Consultants Hogle- Ireland put together. There being no further Commission questions, Chair Dexter OPENED Public Hearing. Cruz Sembello, resident, asked if actual arborist would be on the committee to make decisions on the tree ordinance. Greg Tuttle, business owner wanted to know how the decision committee would be financed. City Planner Harbin replied that no one would be paid extra and oni.yould pay a certified arborist when needed. ,..-. There being no further interest, Chair Dexter CLOSED Pu There being no further Commission question, Chair D.exter'called for a:' ption. Motion: Approve Resolution PC 10 -09, "A RESOLUTION OF THE PLANNING;:::,. COMMISSION OF THE CITY OF BALDWIN PARK�RECOMMENDING THE CITY., COUNCIL ADOPT THE NEGATIVE DECLARATIQN OF ENVIRONMENTAL IMPACT AND ADD SECTIONS 153.565 THROUGH 153.575 TO-`70E CITY'S'MUNICIPAL CODE ADDING LANGUAGE RELATING TO THE PRESERVATI;QN'AND PROTECTION OF MATURE TREES ON PUBLIC ANQPRIVATE PROP)=RTY (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK, :CASE NO.: AZG 1:68)." Moved by Chair James R. Dexter 11, seconded by Commissioner Aryan Urias. All in favor. 4) A REQUEST FOR A RECOMMENDATION REDEVELOPMENT PROJECTT.. AREA OVER[ 153.316.5 OF THE CJTY!8'M"UN. ICI PAL C001 ORDINANCE 1290, ,— CATION_ - CENTRA 111 PROJECT AREA_ -AND SUBAREAS #2 AND A REDEVELOPMENT. PROJECTAREA; APPLI NO.: AZC -169). Chair Dexter called for staff repot City Planner Harbin presented st CI° a i' Dexter called for 0 - missi N MODI:FI.CATIONS AND ADDITIONS TO Y (RDAO) SECTIONS 153.315 THROUGH MOST COMMONLY REFERRED TO AS SINESS DISTRICT REDEVELOPMENT )F THE SIERRA VISTA NT: CITY OF BALDWIN PARK, CASE to Commission. report to Commission. ns to staff. Chair Dex ter. asked to cla"rlfy the sunset clause. Community DerelopmOt`Manager Castagnola replied that the Ordinance as amended allows uses to operate`for the next five years. At the end of five years, staff will go back to Commission to revise, continue, modify, change or do whatever needs to be done in regards to the economy context at the time. Commissioner Urias asked if that was included in Ordinance 1290. Community Development Manager Castagnola replied that it was for the amendment to Ordinance 1290 which is under consideration. Ordinance 1290 does not have any Sunset Clause. Chair Dexter asked why there wasn't an Environmental Impact Report. City Planner Harbin replied that this type of application does not warrant and Environmental Impact Report. Staff conducted an Initial Study which is out for circ66t.ion from September •22 through October 11, 2010 and may be commented on during.,the public hearing. Commissioner Urias wanted to know the number of busines ",Wr d the,extent of any violations. City Planner Harbin replied that she did not know hovV r_any businessessane >operating illegally, this would only affect businesses that werezoperating without a validljusiness licenses. There being no further staff questions, Chair De'x""( PENED_= I?ublic Hearing. Monica Alber, business owner at 1461.7 E. Ramona E31vei; °;asked if the sunset clause applied to her business. Community,D veI ment manager Castagnola let her know that it did not apply to her business. Joe Seay, property owner at 4155 Ald6h�bn, spo Ordinance 1290. He statbd',that_the vagueness:.c troublesome to hlm.._A ding that-lhe dec"6 " "": CEO of the City. - Greg Tuttle, business owner, is.5fll opposing Or± medium business in:tl e City[ike.;Sup,erio.r: >Groce aga i nst the sunset clause and iteen Fuse. restrictions is rather reen uses should not be left to only the ance 1290. He would like small and 5embello comment6Tthat at one time Baldwin Park had jobs for students and =s: She is-against thd.sunset clause and would like to see something done to have businesses in the;Clty. Ronald:_Tan, resident 14 2.1 Lozar o7`Drive, asked what staff had in mind for residential area - b.6ing included in to e Central Business District, and if there isn't anything of significar ;ce or importando; then he would like to have his residential area removed from the Central Bus"in"ess DistrictProject Area. Scott Gerrity representative for Maine Avenue Market Place at 4201 -4299 Maine Avenue, asked if this decision reverse Ordinance 1290 for 5 years. He asked if the Commission can just reverse Ordinance 1290 entirely and just get jobs for the community. Business owner, 15038 E. Ramona Blvd., stated that he would like his business taken out of the redevelopment area. Robert Elhers, 4155 Puente Avenue, All Star Products owner, spoke against Ordinance 1290, stated that he has sent people to rent his properties but because of Ordinance 1290 business are not able to come into the City. There being no further interest, Chair Dexter CLOSED the Public Hearing. Commissioner Galvan asked if Ordinance 1290 keeps dance studios:: ©ut from coming into the City. City Planner Harbin replied that not in accordance with Ord.inan,06e [-290. Vice Chair Alvarado asked if a study can be done after the`five years''to' -,' e if the new Ordinance would be effective. She would iike..a; s ud'y conducted to-see how successful or unsuccessful it was. City Planner Harbin replied yes. Community Development Manager Castagnola cla opened their doors during the first five..-years would Chair Dexter commented that five yea He added that the staff needs to have businesses from coming into the City i Commissioner Ga City Planner H 1290. the p plied that residential Commissioner_ Urias`asKe.dhat pa a=business to Jy'"based::on f arefor resid any new businesses that ut down. itself is not a long time. not discourage areas with Ordinance 1290. would not be impacted by Ordinance d be used to define what Green Use is. Community Development\M ..'_. ger Castagnola replied that staff has not gone to that level of detail yet but that 0 ere area lot financial incentives from the Federal and State levels to B efit the Green Industry. He Added that staff would have to align with those parameters to consider if a business:<:ls:green dr'hot. Chair Dexter, replied that fib" does not believe that only one person should make decisions on green use alone. The Planning Commission should be involved. Commissioner Uriasiactreed with Chair Dexter. Chair Dexter asked if Conditional Use Permit (CUP) fees are a one set standard fee. City Planner Harbin replied yes. Chair Dexter asked whether the fees could be based on the square footage of the business property. Commissioner Urias added that maybe a tier system that has different level fees for square footage can be considered as an incentive by the City. Chair Dexter asked about Sierra Vista Sub Area 3 and the permitted uses and wanted to include something that reads auto accessories or something to that,.Offect. He wanted this request to be added as one amendment. City Planner Harbin repiled that she would work with the CityAf:tor ey to work on the specific wording and to put it in writing. _ There being no further comments, Chair Dexter called :fora motion. Motion: Approve to include sub area 3 adding a ftiotive accessories, consideration of CUP fees, and a study of businesses by the Planning Division and presented to City,. Council. Staff recommends that the Planning Commission ,adopt Resolution PC 10 10, "A RESOLUTION OF THE PLANNING COMMISSION F31= EtiCITY OF BALDWIN PARK RECOMMENDING THAT THE CITY-,COUNCIL ADOPTTHE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND Al?P.ROVE THE MODIFICATIONS AND ADDITIONS TO SECTIONS 153.3'15 THROUGH 153 3'165,:(REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) OF THE CITY'S M,UNICIPA CODE (LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND'�SUBAREAS #2 AND #3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT'AREA, APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AZC 169:)t' Moiled by Chair James R. Dexter 11, seconded by Vice Cliair Angela Alvarado AIC. i:n favor. 5) CONTINUED ` -.ROM AUGUSTE:25, 2010. REVIEW OF THE ENVIRONMENTAL ASSESSMENT PREPARED FOR THEPROPOSED BALDWIN PARK TRANSIT CENTER PROJECT PURSUANT TO THE NATIONAL,ENVIRONMENTAL ACT (NEPA). Staff recommends tlat:.the Plari.'ing Commission receive any public comments on the proposed project;'and coritin.ue:_the item: >to the November 10, 2010 Planning Commission Meeting. Dexter called Commission City Plat .ner Harbin presented staff report to Commission. Chair Dexter<announcedtlat Public Hearing was still OPEN. There being no' pu.bi. c Comments, Chair Dexter continued item to November 10, 2010 Planning Commission Meeting. REPORTS OF OFFICERS 6 Annual election of Vice -Chair and Chair of the Planning Commission. Chair Dexter called for Reports of Officers. City Planner Harbin presented the report to Commission. Chair Dexter called for nominations for Commission Chair and Vice Chair. Commissioner Muse nominated Chair Dexter for Commission Chair:"""'.% Commissioner Galvan seconded the nomination of Chair Dexter foi'-�C'ommission Chair. Chair Dexter nominated Vice Chair Alvarado for Commission Vice Chair. Commissioner Galvan seconded the nomination of Vice:.-;Chair Alvarad for Commission Vice Chair. n. Auaust 20 City Planner Harbin presented August 2010 Mo COMMISSION I STAFF COMMUNICATIONS Commissioner Galvan asked for an U0- ate:;repc Community Development Manager Cast gnola between the architect and fhe_applicant. H6.,stE plan check to help them oot'-an'dibope to have them back on track. Commissioner Galvan also been closed down:- Community neel_opment i 6, 201U'City Cbdribi _agend ADJOURNMENT Chair Dexter called for a`m the ager Castagnol )r consideration. mmission. regard irig#Fe.7- Eleven project. it ed' that there - -'ere miscommunications is that'h' ffered the applicant express mpleted by'"the end of the month and g facility on Ramona had not replied that the appeal was on the October tion to adjourn meeting at 8:13 pm. Motion: Approve Moved by Chair Jarnes R Dexter I[, seconded by Commissioner Ralph Galvan, All in favor. Approved as presented by the Planning Commission at their meeting held on October 27, 2010. James R. Dexter II, Chair City of Baldwin Park Planning Division ATTEST: Mayra Vargas, Secretary City of Baldwin Park Planning Divi ATTACHMENT ##4 RESOLUTION PC 1009 RESOLUTION PC 10 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADD SECTIONS 153.565 THROUGH 153.575 TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING _T0 TREE PRESERVATION AND PROTECTION :;;��bCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN FARK; CASE NO.: AZC- 168)." THE PLANNING COMMISSION OF T HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Corr hereby find, determine and declare as follows: OF BALDWIN PARK DOES City of Baldwin Park does (a) That the City of Bald► vin._Park (here"16 fter "Applicant ") heretofore filed an application for an ari e d'Mi ' jo the C ty s_,Municipal Code adding language relating to the preservation and'protecuon of trees on public and private property; and (b) .,,,T at the Planning CCommission conducted a duly noticed hearing up id matter,:', and based upon the evidence presented, it was determined that the pgoliG :interest, :: ecessity, convenience and general welfare require the approval of;the amendment to the Zoning Code; and (c} ;E ach' fact. -set forth in the staff report dated September 29, 10 from Amy,, L Harbin, City Planner, to the Chair and Planning mmissioners O` 4ting "o Case No. AZC -168 ( "Staff Report ") is true and <�ECTION 2The Planning Commission recommends that the City Council adopt the Negaive. Declaration of Environmental Impact associated with Case No. AZC - SECTION 3. The Zoning Code should be amended as identified in Ordinance No. 1336 attached, to the Staff Report and on file with the Secretary of the Planning Commission. SECTION 4. The Planning Commission recommends that the City Council approve the amendment to the Zoning Code as indicated in Ordinance No. 1336. SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall forward a copy hereof to the City Clerk. PASSED AND APPROVED on the 29th day of September 2010. ATTEST: MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING CO STATE OF CALIFORNIA COUNTY OF LOS ANGE CITY OF BALDWIN PAR I, MAYRA VARGAS;- certify that the forego: adopted by the Plann of Septernbe'r'b1-.he 1 Secretary. AY $.": COMMISSI NOES: ::: -. COMMIS81 ABSTAIN: -.: COMMISSI ABSENT`'COMMISSI JAMES R. DEXTE BALDWIN PARK:F ]ON SS. THAI R NING COMMISSION ;'the Baldwin Park Planning Commission, do hereby nNo. PC '1:0:09 was duly and regularly approved and aon at a >regular meeting thereof, held on the 29th day vote: ERS:. ERS; ERS: ERS: MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING COMMISSION ATTACHMENT #5 RESOLUTION 2010 -041 RESOLUTION NO. 2010 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC -168.) WHEREAS, the City of Baldwin Park submitted an Amendment to the Zoning Code Application requesting to add language relating to tree preservation and protection; and WHEREAS, the proposed regulations have been proposed to effectuate desired changes to the standards by amendment to the Municipal Code, Chapter 153, being Case Number AZC -168 (the "Project ") as described more particularly in the information on file with the Planning Division. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: that: SECTION 1. The City Council does hereby find, determine and declare A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on September 29, 2010, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered them, together with any comments received at the hearing, and recommended approval of the Negative Declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on October 20, 2010, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. Resolution 2010 -041 Paae 2 SECTION 2. The City Council reviewed and considered. the Negative Declaration of Environmental Impact and determined the proposed Project will not have a significant adverse impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 20th day of October, 2010. MANUEL LOZANO MAYOR ATTEST: 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 No. 2010 -041 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 20th day of October, 2010 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK ATTACHMENT #6 ORDINANCE 1336 ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.•. AZC -168) WHEREAS, the City currently lacks formally adopted procedures to protect and preserve trees on both public and private property, and WHEREAS, the City Council has determined that trees are a valuable resource and the City should have formally adopted procedures to protect and preserve trees on public and private property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Sections 153.565 through 153.575 relating to tree preservation and protection are hereby added to the Baldwin Park Municipal Code as a new subchapter to read as follows: TREE REGULATIONS Section Contents: §153.565 Purpose and Intent §153.566 Definitions §153.567 Applicability §153.568 Tree Advisory Board — Establishment and Responsibilities §153.565 Tree Department -- Establishment and Responsibilities §153.570 Responsibilities of Private Property Owners and City §153.571 Tree Master Plan §153.572 Public Tree Planting §153.573 Public Tree Removal, Trimming, Maintenance, and Protection §153.574 Private Property Tree Removal and Trimming §153.575 Exemptions from this Ordinance §153.565 — Purpose and Intent The purpose of this subchapter is to establish regulations and standards to promote the benefits of a healthy urban forest in the city. Trees are valuable long -term community assets by, among other things, providing increased shade which lowers energy needs for cooling, soil stabilization, absorption of stormwater, carbon sequestration, absorption AZC -168 Paae 2 of particulate matter, habitats for birds and other animals, and general aesthetic benefits. The intent of this subchapter is to: A. Establish standards and measures for preserving and protecting trees located on public and private property; d B. Establish standards and measures for preserving and protecting Mature Trees on private property; C. Maintain, to the greatest extent possible, a maximum amount of tree canopy coverage in throughout the city; D, Maintain trees in a healthy condition through good arboriculturai practices; and E. Prohibit indiscriminate damage and destruction of trees in the city. §153.566 - Definitions The following definitions shall apply to this Subchapter: A. MATURE TREE. Any tree located in the front yard, front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying feature. B. REQUIRED TREE. Every tree planted or preserved on private property which: 1. Was planted and is maintained pursuant to a city- imposed condition of approval for a particular land use entitlement; or 2. Was shown on a landscape drawing or plan for a project approved by the City. C. TREE ADVISORY BOARD. The Planning Commission of the City of Baldwin Park. D. TREE DEPARTMENT. The City's Community Development Department. E. TREE OF HISTORIC VALUE. A tree that has been related to an historical event or circumstance and has been found to be of significance to the community, as so designated by action of the Tree Advisory Board. AZC -168 Paae 3 F. TREE OFFICER. That City staff person designated by the Chief Executive Officer as responsible for administration of this subchapter. G. PUBLIC TREE. Any tree located in a place or area under ownership or control of the city, including, but not limited to, any public street, parkway, open space or parkland or other city -owned property, even if under the operational control of another entity by virtue of a lease, license, operating, or other agreement. §153.567 —Applicability Unless otherwise provided by another provision of this subchapter, the provisions of this subchapter shall apply to the following specific categories of trees: A. Every Public Tree, B. Every Required Tree and C. Every Mature Tree located on private property. §153.568 -- Tree Advisory Board - Establishment and Responsibilities A. The Planning Commission of the City of Baldwin Park is designated as the City's Tree Advisory Board. B. The Tree Advisory Board shall study the problems related to tree protection and preservation and determine the needs of the City related to tree planting and maintenance in public and private areas, establish and revise as needed the Tree Master Plan as provided in Section 153.571, and hold discussions of tree - related issues at public meetings. C. Any decisions made by the Tree Officer with regard to tree maintenance and preservation on private property may be appealed to the Tree Advisory Board. §153.569 — Tree Department — Establishment and Responsibilities A. The Community Development Department is designated as the City's Tree Department. The Tree Officer shall implement the functions of the Tree Department. B. The Tree Officer shall: 1. Make determinations on removing a tree from public or private property based upon a tree report prepared by a certified arborist, an analysis of the established tree removal criteria, and any other relevant facts. AZC -168 Paqe 4 2. Issue permits and make any determinations specified under this subchapter. 3. Prepare the Tree Master Plan for consideration by the Tree Advisory Board and the City Council. C. All departments, agencies, and personnel of the city shall consult with the Tree Officer prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of, any Public Trees. §953.570 - Responsibilities of Private Property Owners and City A. It shall be the duty of the owner or person in possession of each lot in the city to: Accept, protect, and provide adequate water to any Public Tree planted in parkways or other public right -of -way abutting such lots, and not to interfere with the city's maintenance and pruning of such trees. 2. Notify the Tree Officer of any suspected tree hazards or maintenance needs of any city tree on his or her property. An application for trimming or removal is not required for such notification. B. The City shall be responsible for planting, trimming, pruning, removing, and other forms of maintenance of Public Trees. §153.579 Tree Master Plan A. The Tree Officer or other employee designated by the Chief Executive Officer, in consultation with the Public Works Director, shall authorize preparation of a Tree Master Plan. The Tree Master Plan shall apply to Public Trees and shall include, in general, maps of streets and public areas in the city upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissibie within parkways and other public places within the city. No species of tree other than those included in that list may be planted in public areas without written permission of the Tree Officer. B. The Tree Department shall be responsible for administering and implementing the approved Tree Master Plan, and recommending to the Tree Advisory Board any changes or additions to the Tree Master Plan. §153.572 -- Public Tree Planting A. Only city personnel or contractors to the city shall plant trees on public property, including parkways. AZC -168 Page 5 B. All Public Tree plantings must first be approved by the Tree Officer as to type of tree species, location of planting, and method of planting. §153.573 — Public Tree Removal, Trimming, Maintenance, and Protection A. All pruning and removal of trees on public property shall be undertaken only by employees or contractors of the City. B. Persons or firms engaged in the business of pruning, treating, or removing any public tree shall be recognized by the International Society of Arboriculture as a certified arborist. All such persons or firms shall carry evidence of liability insurance and workmen's compensation. No certification shall be required by any public employee doing such work in the pursuit of his/her public service endeavors. C. It shall be unlawful to injure or destroy any Public Tree by any means, including but not limited to the following: 1. Placement of fences, rocks, gravel, signs, stakes, or any other objects immediately adjacent to a tree, excepting for watering basins for young trees and objects for the temporary protection of new plantings of ground cover; or 2. Construction of a concrete, asphalt, brick, or gravel sidewalk or otherwise filling up the ground area around any such tree with a closing of less than 42 inches by 42 inches so as to shut off air, light, or water from its roots; or 3. The piling of building materials and equipment or other substance and materials around any such tree so as to cause injury thereto; or 4. Spraying or pouring any chemical or other deleterious matter on or around any such tree and the surrounding ground, lawn, or sidewalk; or 5. Posting any sign, poster or notice on any such tree, or by fastening guide wires, cables, ropes, nails, screws or other devices to any such tree; or 6. Causing or encouraging any fire near or around any such tree. D. During the construction, repair, alteration, moving, or removal of any building, structure, or any other type of construction in the city, no person in control of such work shall leave any Public Tree in the vicinity of such activity without sufficient guards or protectors to prevent injury to the tree. Protectors shall include, but not be limited to, chain -link or wood fencing and staking, as determined by the Tree Officer. E. A decision on an application for tree pruning or removal shall be made according to the standards of this subchapter and shall be subject to the procedures for AZC -168 Pape 6 appeal and review set forth in Section 153.689. All applications shall be reviewed by a certified arborist at the expense of the applicant. F. No noticed public hearing shall be required for an application under this Section unless otherwise required by another section of this code or State or Federal law. The Tree Officer shall give at least ten -day's (10- days') written notice to abutting property owners prior to removal of any Public Tree. No notice shall be required if the Public Tree has been determined to be exempted from this Section pursuant to Section 153.575. In the event of a decision under this Section for the removal of five or more public trees in a given area, the Tree Officer shall also notify the Tree Advisory Board. G. The city may replace at no cost to the abutting property owner those Public Trees which necessitate removal and replacement, as determined by the Tree Officer. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement. §153.574 -- Private Property Tree Removal and Trimming A. No person shall remove a Mature or Required Tree on private property without first obtaining a permit from the Tree Officer. The Tree Officer shall grant a permit to remove a Mature or Required Tree only if one of the following findings can be made; 1. The Mature or Required Tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, walkways, or utilities; or 2. The removal of the Mature or Required Tree is deemed necessary by a certified arborist to protect the health of other trees in the vicinity due to disease or infestation affecting the subject tree; or 3. The substantial trimming or removal of the Mature or Required Tree is deemed necessary to accommodate solar access pursuant to the California Solar Shade Control Act of 1979; or 4. The substantial trimming or removal of the Mature or Required Tree is necessary to prevent a substantial inconvenience or financial hardship to the property owner; or 5. A suitable replacement tree in terms of species and ultimate size will be planted within six months after the permitted removal of the subject tree. The size, location, and species of the replacement tree(s) shall be determined by the Tree Officer with consultation of the applicant and taking into consideration AZC -168 Page 7 such factors as the size, location, type of tree, and number of trees on the property, and number of trees in the surrounding neighborhood. The Tree Officer may consider the option of relocating the subject tree in another location on the subject property. B. A decision on an application for removal of a private tree shall be made according to the standards of this Section and shall be subject to the procedures 10 for appeal and review set forth in Section 153.689. No noticed public hearing shall be required for an application under this Section unless otherwise required by another Section of this Chapter 153 or state or federal law. §153.575 - Exemptions from this Ordinance The provisions of this subchapter do not apply to the following: A. The removal or pruning of any tree which poses an imminent threat to public property or welfare, as determined by a member of a responding law enforcement agency, the Los Angeles County Fire Department, or the Public Works Director. B. Normal and routine trimming or pruning of trees on private property that does not result in damage or death to a tree and/or does not result in loss of more fifty (50) percent of the live foliage and limbs or root base, and removal of deadwood. C. The removal of any tree on public property as directed by any County, State, or Federal agency or insurance provider. D, The removal of a diseased or dead tree on public property as determined by the Tree Officer. E. Utility tree pruning necessary to provide clearance from existing overhead electric lines as mandated by the California Public Utilities Commission. Section 2. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact with the Los Angeles County Clerk. Section 3. Tthe City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. APPROVED, and ADOPTED this 20th day of October, 2010. AZC -168 Page 8 Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, Laura M. Nieto, CIVIC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1336 was introduced at a regular meeting of the City Council held on October 20, 2010, and was adopted by the City Council at its regular meeting held on , by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CIVIC Deputy City Clerk r II BALDWIN P >A, R.K CITY COUNCIL AGENDA OCT 2 CITY OF BALDWIN PARK STAFF REPOF Public Hearing TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manager DATE: October 20, 2010 SUBJECT: City Council review and adoption of the Negative Declaration of Environmental Impact for an amendment (AZC -169) to the City's Municipal Code to modify and add Sections to 153.315 through 153.316.5 of Ordinance 1290 (RDAO). PURPOSE This report requests City Council approval and adoption of the Draft Negative Declaration of Environmental Impact for an amendment (AZC -169) to the City's Municipal Code to modify and add sections to 153.315 through 153.316.5 of Ordinance 1290 (RDAO). BACKGROUND/DISCUSSION A City - initiated amendment to the City's Municipal (Zoning) Code (AZC -169) was considered by the Planning Commission on September 29, 2010 and at the conclusion of the public hearing, the Commission voted to recommend that the City Council adopt the Negative Declaration of Environmental Impact and approve AZC -169 with several modifications. However, at this time, staff is bringing forward for consideration the Negative Declaration of Environmental Impact for AZC -169. Consideration by the City Council for the entitlement (AZC -169) will be at a future date. On September 20, 2010 a Notice of Intent (NOI) to adopt a Negative Declaration of Environmental Impact was circulated to various agencies indicating the consideration of the Negative Declaration would take place by the Planning Commission on September 29, 2010 and the City Council on October 20, 2010. Furthermore, the NOI announced that the public review period for the environmental document would be conducted September 22, 2010 to October 11, 2010. At the conclusion of the public review period, Planning Division staff did not receive any comments from the public on the Negative Declaration. As a result of the initial study completed in accordance with CEQA for the proposed amendment to the Zoning Code, Planning Division Staff has determined that although the proposed project will not have a significant impact upon the environment, it is required to approve a Negative Declaration of Environmental Impact. AZC -169 Environmental October 20, 2010 Page 2 RECOMMENDATION Staff recommends that the City Council, following the public hearing, adopt the Negative Declaration of Environmental Impact for AZC -169 and approve Resolution 2010 -042, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE (AZC -169) ADDING AND MODIFYING SECTIONS RELATING TO THE REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) (LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB -AREAS 2 AND 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 169,)" ATTACHMENTS #1, Environmental Data #2, Resolution 2010 -042 REPORT PREPARED BY: Amy L. Harbin, AICP, City Planner CAAmylAMYM0RD1ReportslCound1 ReporlslAZC -169 Env.doo C:\Amy�A€NY1WQRDNReportslCouncil RepoTMAW -163 Env.doc TO: County Clerk County of Los Angeles 12400 E. Imperial Highway, ##2001 Norwalk, CA 90650 G LEAD AGENCY: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 PROJECT TITLE: AZC -169 PROJECT PROPONENT: City of Baldwin Park PROJECT LOCATION: Central Business District Redevelopment Project Area and Subareas 2 & 3 of the Sierra Vista Redevelopment Project Area. PROJECT DESCRIPTION: Proposed changes to Sections 153.315 through 153.316.5 (Ord. 1290- -RDAO) of the City's Municipal Code including the addition of or modification to: (1)-new land uses, (2) conditional use permit requirements for existing and proposed uses, as required, (3) expansion limitations, (4) implementation of a sunset clause of 5 years for properties within the Sierra Vista Redevelopment Project Area Sub area #2—CM Zone and Central Business District Redevelopment Project Area —1 Zone), and (5) development standards. A more detailed description, location and probable environmental effects discussion are contained in the Negative Declaration and Initial Study. A copy of the Initial StudV is available for review at the City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park CA 91706 (626)_q13-526J. REVIEW PERIOD: FROM September 22, 2010 TO October 11, 2010. Any comments you may wish to make regarding the action are hereby invited. Comments must be received in the offices of the Planning Division, City of Baldwin Park by Monday, October 11, 2010. Please send your comments to Amy L. Harbin, City Planner at the address shown above. We will need the name of a contact person in your agency. A public hearing by the City Council on the Draft Negative Declaration is scheduled on Wednesday, October 20, 2010, at 7:00 p.m. at City Hall, Council Chambers located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Date f Signature: Printed Name: Aiy L. arbin, aAICIP Title: City Planner Telephone. (626) 813 -5261 C:Uvny AMY1W0RMCFOA1NMre of IntenIV2C- 168 —,RDAO Rmendments.doc DATE: September 15, 2010 APPLICANT: City of Baldwin Park TYPE OF PERMIT: Amendment to the Municipal Code FILE NO.: AZC -169 LOCATION OF PROJECT: Central Business District Redevelopment Project Area and Subareas #2 and #3 of the Sierra Vista Redevelopment Project Area DESRIPTION OF PROJECT: The project involves a request on modifications and additions to the Redevelopment Project Area Overlay (RDAO) Sections 153.395 through 153.316.5 of the City Municipal Code, most commonly referred to as Ordinance 1290; (Location: Central Business District Redevelopment Project Area and Subareas #2 and #3 of the Sierra Vista Redevelopment Project Area; Applicant: City of Baldwin Park; Case Number: AZC -169) It is the opinion of the ❑ Zoning Administrator ❑ Planning Commission ❑x City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures ❑ are attached F-x1 are not required (Signature) City Planner (Title) Date(s) of Public Notice: X Posting at three (3) locations: City Hall, Ester Snyder Community Center, and Barnes Park, September 16, 2010 Posting of the properties X Written notice to affected business owners (September 16, 2010) C,WnylA AM0RMCEQAWeg DecsVRZG169.doc INITIAL STUDY R1, ENVIRONMENTAL CHECKLIST FORM BALDWIN P -A, R - K 1. Project Title: AZC -169 2. Lead agency name and address: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5261 3. Contact person and phone number: Amy L. Harbin, City Planner 4. Project location: Those properties within the Central Business District Redevelopment Project Area and subareas #2 and #3 of the Sierra Vista Redevelopment Project Area, 5. Project sponsor's name and address: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 6. General Plan Designation: Properties within the project location area have General Plan Land Use Designations of: (1) Commercial /[ ndustrial; (2) General Industrial; (3) Garden Multi - Family Residential; (4) Mixed use; (5); Multi - family Residential; (6) Public Facilities; (7) Parks; (8) General Commercial 7. Zoning: All of the properties within the designated project location are subject to the Redevelopment Project Area Overlay (Ord. 1290- RDAO), except the area along Maine Avenue between Clark Street and Los Angeles Street (4301 to 4399 Maine Avenue). Zoning of the properties within the designated project location include: (1) RG, Residential Garden; (2) R -3, Multi- family Residential; (3) 1, Industrial; (4) C -M, Commercial Manufacturing; (5) C -1, Neighborhood Commercial; (6) OS, Open Space; and (7) C -2, General Commercial. 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation, Attach additional sheets if necessary.) Proposed changes and additions to Sections 153.315 through 153.316.5 of the City's Municipal Code (Ord. 1290 —RDAO) including the addition of or modification to: (1) new land uses, (2) conditional use permit requirements for existing and proposed uses, as required, (3) expansion limitations, (4) implementation of a sunset clause of 5 years for properties within the Sierra Vista Redevelopment Project Area Sub area #2 —CM Zone and Central Business District Redevelopment Project Area —I Zone), and (5) development standards. AZC -169 September, 2010 9. Surrounding land uses and setting: Briefly describe the project's surroundings: Central Business District Redevelopment Project Area (CBI/) The CBD project area is generally located at the intersection of Maine Avenue and Ramona Boulevard within the City's downtown. The CBD project area encompasses mostly commercial properties and extends to Los Angeles Street to the north, La Rica Avenue to the west, Alderson Avenue to the east, and includes properties on the south side of Ramona Boulevard from Baldwin Park Boulevard to Downing Avenue. Morgan Park, the Ester Snyder Community Center, and Park Shadows Condominium complex are also within the CBD Project Area to the West. Light industrial uses are located along Alderson Avenue to the East. Sierra Vista Redevelopment Project Area, Sub -Areas 2 & 3 Sierra Vista Sub -Areas 2 & 3 are located east of the City's downtown, generally along Ramona Boulevard, from Maine Avenue to Puente Avenue. Sierra Vista Sub -Area 2 is comprised of mostly residential properties, some commercial properties and a few light industrial properties. The area is generally bounded by Clark Street on the north, Alderson Avenue on the east, Ramona Boulevard on the south, and includes a portion of the southwest corner of Bogart Avenue and Palmrose Street on the West. Sierra Vista Sub -Area 3 encompasses mostly lighter industrial properties and is bounded by Badillo Avenue on the south, Puente Avenue on the east, the Metro -Link Right of Way on the north, and Downing on the west. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) No other public agencies other than the Planning Commission and/or City Council of the City of Baldwin Park are required to approve this project. Please see attached area map and vicinity map. Revised April 2010 City of Baldwin Park illl IIItIIllltt liar � wn � It!!� -- rrrrllrri � - -.-= � — t _III III III M. sir► 11 111 X11' ir111r� :t� Ittl tI1tII!! Il � � � ii[il ■Itlrrrrrrurirrrr�`; � '���"` ,man ''- L: lr1►1� �illllllll� �IIt1111lIi�ltf 1 rat r `�� :�■■�. rr�11IIf� il- ��■�ir uuu � l ■wIt� ■■ ■� ■ #111'' C �C �"'"".'. -s '� . ul.lilr���!!1 Iltl��li� �I���1�t11 11���Nl= urrrlrll[IIIf1.1� ln.� uN _ i. Nli1N Ntll ny Iii ! i■1�� , 111�'ii�'�N��1� ilk �I I � -� ■It.. ■ IltlIlllllt _ -- _ll .� __ �����Ilhi� >< �:�iill�l�Is�„■ ,� � ■�i � rrrrrr■ r � �i 5�� � ®'-1 f MEN awl ■1l ■� 11111 3 wit wit ME INS y� of 1 _ II II 1111x1 111 / � � ��. �j�GG� `:♦ ♦► i City of 6aldn9n Park AO PROJECT AREA MAP I"Tot tb Scale i x AZC -169 September, 2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at feast one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural resources ❑ Geology/ Soils ❑ Greenhouse Gas Emissions ❑ Hazard & Hazardous Materials ❑ Hydrology 1 Water Quality ❑ Land Use 1 Planning ❑ Mineral Resources ❑ Noise ❑ Population 1 Housing ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities 1 Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: Rl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMAPCT REPORT is required, but it must analyze only the effects that remain to be addressed. find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Sign Revised Aprit 2010 AZC -169 12010 The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. I. AESTHETICS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact Incorporated a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic .resources. Future development as a result of the proposed Code Amendments will be evaluated in accordance with CEQA at the time they are submitted. No aesthetic impacts will occur. Revised April 2010 AZC -169 September, 2010 11, AGRICULTURE AND FORESTRY RESOURCES Potential) Significant Impact Less Than Significant With Mitigation less Than Significant Impact No Impact p p Incorporated In determining whether impacts to agricultural resources are significant environmental effects, e lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Results in loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest? Revised April 2010 AZC -169 September, 2010 a -c) No Impact. The Project considered in this Initial Study is the adoption of an amendment to the Municipal Code, which, if approved, will modify and add new sections to 153.315 through 153.316.5 (Ord. 1294----- -RDAO) of the Code which include (1) new land uses, (2) conditional use permit requirements for existing and proposed uses, as required, (3) expansion limitations, (4) implementation of a sunset clause of 5 years for properties within the Sierra Vista Redevelopment Project Area Sub area #2 —CM Zone and Central Business District Redevelopment Project Area —I Zone), and (5) development standards. The adoption of the proposed Amendment will not in itself have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Any subsequent development consistent with the amended Municipal Code will be reviewed as a project under CEQA, and therefore will be subject to a more detailed level of environmental scrutiny. III, AIR QUALITY Potentially Less Than Significant With Less Than Significant - No Significant Mitigation Impact Impact Incorporated Impact Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b} Violate any air quality standard or contribute substantially to an existing or [,7f roiected air quality violation? c} Result in a cumulatively considerable net _ increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air Q quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Individual uses that may be operated pursuant to the amended Municipal Code will be considered a project under CEQA, and therefore require further environmental analysis. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District ( SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project - related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). Revised April 2010 AZC -169 September, 2010 The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments and the fact that any subsequent development projects will be assessed individually under CEQA. The Project itself will not create any objectionable odors. Subsequent potential impacts are tempered by the application of the environmental commitments, and by the City's ability and authority to review activities at the time a specific development project is proposed. IV. BIOLOGICAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Incorporated Impact p Impact Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or [✓ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federa[ly protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or [� migratory wildlife corridors, or impede the use of native wildlife nurser sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other [ approved local, regional, or state habitat conservation plan? Revised April 2010 AZC -169 September, 2010 a -f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As previously stated, the Project is a purely administrative act, and will not directly impact biological resources. V. CULTURAL RESOURCES Potentially Significant Less Than Significant With Less Than significant No Impact Mitigation Incorporation Impact Impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined Q in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource [✓� pursuant to Section 15064.5? c) Directly or indirectly destroy a unique [,7� paleontological resource or site or unique [ geological feature? d) Disturb any human remains, including those interred outside of formal cemeteries? [� a -d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City have either been successfully catalogued, recovered, and/or protected consistent with the CEQA requirements, or been removed and /or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. VI. GEOLOGY AND SOILS Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Incorporated impact Impact Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake f=ault Zoning Map issued by the State Geologist for the area or based on [,7� other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [� iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? Revised April 2010 a e AZC -169 2010 Vl. GEOLOGY AND SOILS Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact Incorporated c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result [✓� in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1990, creating substantial risk to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a) No impact, The Southern California area is acknowledged as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project - specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. In this regard, building officials and engineers have long- recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the CBC and current professional engineering practices are sufficient to reduce the effects of ground shaking below the level of significance, Further, as evidenced by extensive development within the City, it is anticipated that any future site - specific geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact. Due to its administrative nature, the Project does not have a direct impact on the soil. Environmental review of proposals submitted pursuant to the Amendment will provide for project - specific soil analysis, as well as the mitigation measures for any soil conditions that may affect, or be affected by, such proposed projects. Compliance with NPDES permit requirements, including an application of Best Management. Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. Revised Apr /1 2010 AZC -169 September, 2010 c,d) No Impact. As evidenced by extensive urban development, the City is generally suitable for development, and is not substantially limited by unstable geologic conditions including potential susceptibility to land sliding, lateral spreading, subsidence, liquefaction, or collapse. Nor is there evidence that the City is widely affected by expansive soils conditions. Future development proposals will provide project - specific environmental review to determine geologic /expansive soils impacts, and appropriate mitigation measures that may be required. It is anticipated that compliance with applicable provisions of the CBC, together with application of accepted geologic /soils engineering practices will typically provide appropriate design solutions for geologic conditions that may be encountered within the City, as such, no impacts are anticipated. e) No Impact. The City is generally improved with sanitary sewers connected to wastewater treatment facilities, which would provide for treatment of wastewater that may be generated by facilities implemented pursuant to the Amendment. As such, it is not anticipated that septic systems will be widely employed within the Project area. Further, for use of septic tanks or alternative waste water disposal systems that may be operated pursuant to the Amendment, a project - specific environmental review will be conducted to determine its impacts and provide appropriate mitigation to allow the use of septic tanks or other alternative wastewater treatment mechanisms. The Amendment itself will have no impact in this regard. VII. GREENHOUSE EMISSIONS Potentially Significant Less Than Significant With Less Than Significant No MATERIALS Impact p Mitigation Impact p Impact Incorporated Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a -b) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. Since the City of Baldwin Park is almost entirely built -out, it is anticipated that any subsequent development will be connected to the local sewer system for the disposal of waste water, otherwise, a soil analysis will be completed to determine if the subject soils are capable of supporting an alternative waste water disposal system. Vlll. HAZARDS AND HAZARDOUS Potentially Less Than significant With Less Than No MATERIALS Significant Impact p Mitigation Significant Impact p Impact incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Revised A,ori12010 AZC -169 September, 2010 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions [1 involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response [� plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a -c) No Impact. Adoption of the proposed Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one quarter mile of an existing or proposed school. Any subsequent project that would be undertaken pursuant to the amended Municipal Code would be required to investigate the implications of hazardous materials. The study will include a complete assessment of potential hazards related to the site and include measures to mitigate any identified impacts of the project. d) No Impact, Approval of the Project would not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As previously stated, any subsequent proposal which would be undertaken pursuant to the amended Municipal Code would be reviewed pursuant to CEQA and would be required to conduct a hazardous materials assessment. The study would include a complete assessment of potential hazards related to the site and develop any requisite mitigation. Revised April 2010 AZC -169 September, 2010 e,f) No Impact. No public or private airstrips are located within the City of Baldwin Park. The adoption of the proposed Amendment would not result in a safety hazard for people residing or working in the project area. g) No Impact. The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. O h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and/or negligence. The adoption of the proposed Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildland areas. IX. HYDROLOGY AND WATER Potentially Less Than Significant With Less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g. the production ]7 rate of pre0- edisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or [� river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of a site or an area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal f=lood Revised April 2010 AZC -169 September, 2010 IX. HYDROLOGY AND WATER Potentially Less Than Significant With Less Than No QUALITY Significant Impact Mitigation significant impact Impact incorporated Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect Q flood flows? R i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [� a,f) No Impact. Approval of the Project would not violate any water quality standards, nor would it degrade water quality. As previously stated, the Project involves only administrative changes to the Municipal Code. The area encompassing the City of Baldwin Parts is currently regulated by NPDES permit and Regional Water Quality Control Board (RWQCB) requirements supporting federal water quality standards and criteria established under the Clean Water Act (CWA). Requirements and procedures established under these regulations typically act to mitigate potential water quality impacts of new development, including any future facilities that may be implemented pursuant to the amended Municipal Code. Further, consistent with the requirements of CEQA, project- specific environmental analyses will be performed on any future projects or facilities. On a project --by- project basis, these analyses will individually assess potential water quality impacts and provide any mitigation measures if necessary. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. The City is generally served by three (3) local water companies (Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company), and does not substantially rely on direct groundwater withdrawals. Further, it is not anticipated that any uses operated pursuant to the proposed Amendment would extensively utilize groundwater through direct withdrawals, nor would those uses substantially interfere with, or alter existing groundwater withdrawals. c,d,e) No Impact. The City generally does not contain significant water courses. However, the San Gabriel River is located along the City's western boundary and Big Dalton Wash and Walnut Creek Wash traverse the eastern and southern portion of the City. As discussed previously, compliance with federal CWA and relevant NPDES permit requirements will effectively mitigate any potentially adverse impacts of storm water discharges within the City. Uses operated pursuant to the proposed Amendment will individually assess potential drainage system impacts, and mitigation measures will be provided if necessary. g,h,i) No Impact. No development will be implemented with approval of this Project. As such, there is no potential for flood hazards associated with the proposed Amendment. Future individual environmental analyses will assess potential flood hazards and provide mitigation Revised April 2010 AZC -169 September, 2010 measures as necessary. Typical design solutions and/or mitigation would involve proper facilities orientation(s); grading and drainage improvements and /or creation of storm water retention /detention areas. j) No Impact. The City is not subject to significant hazards due to seiche, tsunami, or mudflow. k,l,m,n) No Impact. The construction of facilities is not proposed as part of the Project considered in this Initial Study. As such, the potential for increased stormwater runoff does not exist. In addition, the Project area is currently developed with urban uses and is not located proximate to any significant natural watercourses. X. LAND USE AND PLANNING Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Incorporated Impact p Impact Would the project: Incorporated a) Physically divide an established Q community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community [� conservation plan? a -c) No Impact. The proposed Amendment is a modification to the requirements, land uses, and development standards of the Municipal Code, most particularly Sections 153.315 through 153.316.5 (Ord. 1290— RDAO). if the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific land use designations, as such the potential to divide an established community or conflict with any land use or conservation plans does not exist. XI. MINERAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact Incorporated Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Revised April 2010 AZC -169 September, 2010 a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ-2), an area where "adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and/or surface mining activities. The General Plan does not identify or address mineral resources P that would be of future value to the region and the residents of the State. In addition, the administrative nature of the Project precludes any impact in this regard. XII. NOISE Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Incorporated Impact p Impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise [� ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or roundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a -d) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. Future uses to be operated pursuant to the amended Municipal Code will be assessed, consistent with the CEQA requirements, on a project- specific basis. Individual environmental analyses will assess potential noise impacts, and provide mitigation measures as necessary. — Revised Apri12010 AZC -169 September, 2010 X111. POPULATION AND HOUSING Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p impact Incorporated Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for [J� example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of [� replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housin elsewhere? a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off - site housing stock. No impacts relating to displacement of housing will result from the Project. XIV. PUBLIC SERVICES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact A impact Incorporated a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? [✓� Parks? Other public facilities? [J� a -e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2010 AZC -169 September. 2010 XV. RECREATION Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Impact Impact Would the project: incorporated a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [� b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. XVI. TRANSPORTATIONI TRAFFIC Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Incorporated impact Impact Would the project: a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non- motorized travel and [� relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestions management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Revised April 2010 AZG169 September, 2010 XVI. TRANSPORTATION/ TRAFFIC Potentially Significant Less Than significant with Less Than Significant No SYSTEMS Impact Mitigation Impact Impact Incorporated e) Result in inadequate emergency access? f) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? a -r) No Impact, uue to the aoministrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with the CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITIES AND SERVICE Potentially Less Than Significant With Less Than No SYSTEMS Significant Impact p Mitigation Significant Impact p Impact Incorporated Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the [� project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a -g) No Impact, The City of Baldwin Park is generally served by all necessary utilities and service systems. Due to the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. On a project - specific basis, individual environmental analyses for subsequent uses implementing the amended Municipal Revised Rprit 2010 AZC -169 September, 2010 Code will assess potential utilities and service systems impacts and provide mitigation measures as necessary for development projects as they are proposed. Generally, potential utilities and service systems impacts are reduced through capacity improvements, increased treatment efficiencies via technologic improvements, reduced consumption through conservation efforts, and efficient technologies and resource reuse /recycling. XVIII, MANDATORY FINDINGS OF Potentially Y Less Than Significant With Less Than No SIGNIFICANCE significant Impact Mitigation Significant a Impact Impact Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major ..periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a) No Impact. The Project is a purely administrative act to allow for the modification of Sections 153.315 through 153.316.5 of the City's Municipal Code (Ordinance 1290). Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact on any considered environmental topics. Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in any substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Revised Apri12010 1 GAArnyMY\WORDIReports\Councll fReports\AZC -169 Fnv.doc RESOLUTION NO. 2010-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING AND MODIFYING SECTIONS RELATING TO THE REDEVELOPMENT PROJECT (LOCATION: CENTRAL REDEVELOPMENT PROJECT AND 3 OF THE SIERRA PROJECT AREA; APPLICANT: CASE NO.: AZC- 169.) AREA OVERLAY (RDAO) BUSINESS DISTRICT AREA AND SUB -AREAS 2 VISTA REDEVELOPMENT CITY OF BALDWIN PARK; WHEREAS, the City of Baldwin Park, submitted an Amendment to the Zoning Code Application requesting to modify and add language relating to the Redevelopment Project Area Overlay (RDAO); and WHEREAS, the proposed regulations have been proposed to effectuate desired changes to the standards by amendment to the Municipal Code, Chapter 153, being Case Number AZC -169 (the "Project ") as described more particularly in the information on file with the Planning Division; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that: A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on September 29, 2010, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered them, together with any comments received at the hearing, and recommended approval of the Negative Declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on October 20, 2010, at which time Resolution 2010 -042 Page 2 evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined the proposed Project will not have a significant adverse impact on the environment. The Negative Declaration is therefore hereby approved. a SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 20th day of October, 2010. MANUEL LOZANO MAYOR ATTEST: 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 No. 2010 -042 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 20th day of October, 2010 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK �m E� a —Z, —14 m . ........ W— Oft I M �9 a� E ` =NAM' �■ ■� ILL . ........ W— Oft I M �9 a� E ` l ` `- 1 Iw ;r f- ' _ s .. - A ' r - - r 1 _T11- - w 1-11, T 17 : - F M IT 1.T '44 So Mol I,: E IF-1,717- !T ICI "Ml"- _ 7111 NEEL 6f1 7 f0 4' ax 11 � 1 � ! E � b c Y - 1� Moak FM - - I.:- I l I IIi n f 7___ _I L� -°, �! -- .� fi , E ��� it i A �e LT r Flm� �.� �s 1� I .I OA E •. en N I i 1 { `4 �i� IMI �i I I All �i t, Ir NOW::::_= �'M" ��.. Iiii i II` - i 4, III I I Y f a � F r..A `I I t � � f t l J r II e*J7 � f _ 'I all 441 mi AN 'All W—rm It It -q I l = � - r E l I M�l u W" 1pff- ., i ,t, •. �I ���;�' � I ,:. �f � ti mi WX IV 11.4 V7 9 ^�i �,����� 4 �, �I .I �__' >. � .� � �. �, �i :� x�'� WNW " f 1 I jig ul c� - >} 044 pr MON W I U NOW ergo lF OF _ ._ .. V` WI 1 �d MOW 1 a , .r _ �J rte,,', rr, -ie .,." azzo iii a E _; W �t" ,:jll I ii �t" ,:jll I 7 1 I 9 ti R 7- rm""wu. "77- C 7�� r --@-'7 --Tn� "--I !, I i 11 4 r_ c 1 OWN � h�3 117, i' Impoom - - *AWO- PIP r • - Y WIMA - is CITY COUNCIL AGENDA OCT 2 ITEM No. 4 e BAL IN CITY OF BALDWIN PARK STAFF REPORT P, A- R, K TO: Honorable Mayor and Members of the City Council_ FROM: Laura M. Nieto, CMC, Deputy City Clerk DATE: October 20, 2010 9 SUBJECT: REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION PURPOSE This report requests that the City Council appoint applicants to fill vacancies on the Personnel Commission. DISCUSSION There are currently four (4) vacancies on the Personnel Commission. At the City Council meeting of September 1, 2010, the City Council directed staff to re- notice these vacancies. A Public Notice of Vacancy was posted in three locations within the City for a 20 -day period of time, was posted on the City's website and was published in the NOW. The deadline for receipt of applications was Thursday, October 7, 2010 at 6:00 p.m. Five new applications were received; two prior two -year applications are currently on file. At the request of the City Council, a residency verification requirement for each applicant via review of drivers license and a current utility bill is now incorporated with the application process. Said documentation is on file in the City Clerk's office. BACKGROUND PERSONNEL COMMISSION The Personnel Commission consists of five (5) members who are appointed to a two - year term on a staggered basis. The only office currently filled is Office No. 2 (Barry Lu.) Vacancies exist in Offices 1, 3, 4 and 5. Staff Report — Personnel Commission Appointments Page 2 The following persons have requested consideration of appointment to the Personnel Commission: 4 open seats — Office No. 1 to a term ending June 30, 2012 Office Nos. 3. 4 and 5 to a terra endina June 30. 2011 New Applicants Previous two -year Applicants Socorro V. Dantic Ofelia de Guzman Benson T. Lien Nabor Gilbert Padilla Paul S. Lo ez Edward J. Martinez Karla Angulo -Tovar RECOMMENDATION Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2010 -046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO, 3 FOR A TERM TO JUNE 30, 2019; TO OFFICE NO, 4 FOR A TERM TO JUNE 30, 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011" Attachments Attachment "N'— Resolution No. 2010 -046 Attachment "B" -- Commission Applications Attachment "A" 90 •RfiMIAI • / 1 lids RESOLUTION NO. 2010 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 30, 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011 WHEREAS, the Personnel Commission consists of five (5) members and members are appointed to a two -year term on a staggered basis; and WHEREAS, vacancies currently exist in Office Nos. 1, 3, 4 and 5; and WHEREAS, a public Notice of Vacancy was posted for a minimum of 10 -days at three locations within the city, was posted on the city's website and in the October 1 November issue of the NOW. The deadline for submission was October 7, 2010 at 6:00 p.m. WHEREAS, the City Council desires to fill the vacancies of Office Nos. 1, 3, 4 and 5; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointment to Office No. 1 is made and entered onto this resolution for a two -year term, expiring June 30, 2012; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointments to Office Nos. 3, 4 and 5 are made and entered onto this resolution for a term expiring June 30, 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following named persons are hereby appointed as members of Office Nos. 1, 3, 4 and 5 respectively and such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: Office 1 -- for the term expiring June 30, 2012 Office 2 -- BARRY LU for the term expiring June 30, 2012 Office 3 -- for the term expiring June 30, 2011 Office 4 — for the term expiring June 30, 2011 Office 5 -- for the term expiring June 30, 2011 Resolution No. 2010 -026 Page 2 Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy of this Resolution to Commission appointees and a copy to the Commission secretary. PASSED, APPROVED and ADOPTED this day of 2010. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 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 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK Attachment "B" Applications (5 new, 2 prior two -year) c ) 4L PLEASE ATTACH A . CITY OF BALDWIN PARK cuRRENT copy of APPLICATION FOR CITY COMMISSION (]C, I����'�� .:A:uTILITY BILL AND A COPY QIF YOUR And PHOTO ID. STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: r �����'Q IVAl�Z (A separate application is required for each commission) PERSONAL INFORMATION: Name Residence Address /J9`/0 C' &e+A- ST. 41b0k C)4 q1706 Length of time at this Address: E -mail address: 7-a \ cell _-'G 37 ft -7s Home Phone No.�� ' 1 3� 7— � Cell /Message Phone No e. 71 Sszl • -_a0- Are you 18 years of age or older? 7`S Are you registered to vote in the City of Baldwin Park? 7`E!7--S Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? /VO If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 3 CO 11 12 High School Graduate? �'�� G.E.D.? Name and Location of College or University Course of Study Deciree D /K A cc!oa r7/t(6 EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Em Io er s Position Title Dates of Employment 4(F 0,+l -9e�s E'- 1_400ee5 VII50A REFERENCES: Please provide the names of two { @} persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities an character. 4 Name Address Phone No. CI7D,vIu,g /L�' GLG!!3 a�"scrl�j.� g,hn1 3333 � CAZ fit[ coin &s �lol /C� Ff N) f lxv 3,37 -0974- IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offenses ), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. l certify under penalty of perjury under the laws of the State of California that the foregoing is true a correct- Date Signature B Do Not Write low this Line For Cit Use 0111 Residency verification: Yes ❑ No Date: 10 It I I D Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Commission Requested: STATEMENT OF QUALIFICATIONS; Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 46 CO?---17W A "W .d"-.24- 197'41 C%.wna'l vO ,1W -all Cam rn-� �vcr�an.yfv�� Ae qskmy dt4-Y4-� Date: �?i`� 7./ �✓/ Si ature Notice: Please be advised that you and your, qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. AI 1, -i..� 7 •Z i ��e '�.i, PLEASE;ATTACH -A CITY OF BALDWIN PARK S E P E� 9 7111Q CU1411IaNT`CopYOF. APPLICATION FOR CITY COMMISSION A ll:TILltY*E311LL.ANb- - A COPY �� YOUR` And ;j'ry �� .'A,.L)vJIN wAi�IC PHOTO lo: STATEMENT OF QUALIFICATIONS c�jr, ,:����' DEPARTr,,1}� I'r APPLICATION IS FOR THE FOLLOWING COMMISSION: /A o --- rif— rarrffirari fnr aar_h r_nmmisslonl EE PERSONAL INFORMATION: Name Residence Address U, am -A -v el`�[R%I C* � Q Length of time at this Address: E -mail address: Home Phone No. �.°� .Y �u7 a �' CelUMessage Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? ' Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park ?^ If yes, name of agency and position: EDUCATION: A b Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? -? Name and Location of College or University Course of Study Deciree CA �'(A V1UWA - EMPLOYMENT INFORMATION ! EXPERIENCE: Name and Address of Em to er (s Position Title Dates of Em to ment �Yvv) A I � r0€`` 2- j ?- 1 02- REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name i (( Address A / }, �/y P)h�one No. Ck IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOWLEDGEMENTICERTIFICATION. I understand that upon filing, th €s application becomes a public record. I certify under penalty of perjury under the laws f e state of California that the foregoing Is true and reef. Date Sign, tore S!•' f Pr k� -c . }7p!! '` i3 11;t'; � i i - { j�� j y }ray �± �*fF' y i-� r (`3 3�5��iF• -"ter K'�irF f4 f `r IAA50 �4taY.Yfile I G � i0 114—Ne� rj�l� Cll. � Uu„f.._;,� Residency verification: Q( Yes ❑ No Date: 10/1 r Voter Registration Verification: F Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date. RPSiBencv verification: ❑ Yes ❑ No Date: Term expires: Name &Ywt �\ uto Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feet will be beneficial to the Council in consideration of your appointment to this commission. M wvs �w v w Idle n64 . fie e( �K. W t c J1A -fie, ate '1 �K.l ov1r� A &) �Q W��� JJPAI- &HWS OO w't �� saw SC' CX\- -Q Yh V, R +f e ComIIAa -A �V 64tt hA- coy aR, aiv(� 1 ti-OA&k A t - twi 1 w't �� saw SC' CX\- -Q "6t Lt4 E Lm- A d hS bn w6 coyM 4b 64tt a--1-` hl C CA rW 61-\ I A ke , &I wyl COVA P 1 ran i+V '� Serye. 4V ct+ 4ke c4v� -V W ( 11AC, Date: Sign tune Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION f; i A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: - - - - -� Personnel Commission (A separate application is required for each commission) PERSONAL INFORMATION: Name Raul S. Lopez Residence Address 3725 Ardilla Ave Length of time at this Address: 10 years Email address: paullopez.email@gmail.com Home Phone No. 626 -893 -0018 Cell /Message Phone No. same Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? Yes G.E.Q.? Mount San Antonio Comm. College I General - Managment none - Mgmt. cert EMPLOYMENT INFORMATION I EXPERIENCE: PX Schrieffer LLP I Paralegal Supervisor I Dec. `I, 2000 - Present La Follette, Johnson, et, al. ICierk I Dec., 1999 - Dec., 2000 REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected orAppointed Officials and who can comment on your capabilities and character. Name Address Phone No. Joe Casanova 963 S, Menlo Ave #304 Los A % 626-3712444 Ex t. 2 (Work) Javier Delgadillo 2744 Gallfo Avenue, Rowland Heights 626 -373 -2444 Ext. 2749 Work IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER SEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR, TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: DUI - 05/96, El Monte; October 7, 2010 Date Residency verification: El Yes Residency verification: ❑ Yes ACKNOWLEDGEMENTICERTIFICATION, I understand that upon filing, this application becomes a public record. I certify under penalty of erjury under the laws of the State of California that the foregoing Is true an' d oPAdr —) ❑ No Date:10111hy ❑ No Date: Residencv verification: ❑ Yes ❑ No Signature Voter Registration Verification: Appointment date: Term expires: Yes ❑ No Name Paul & Lopez Commission Requested: Personnel Commission STATEMENT OF QUALIFICATIONS: Qse this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. My goal and objective is to assist the community I live in. I have several years of management experience in a mid -sized law firm and have dealt with numerous employee issues, which I believe may be a benefit the City given the vacancies on the above commission. I currently work at P.K. Schrieffer LLP, in West Covina and primarily work on insurance defense matters, including employment litigation and supervise paralegals, as well as assist with managing the office clerks, office services, facilities and IT as needed. I have worked the full spectrum of the employment cycle - interview, hire, orientate, develop, promote, discipline, terminate and exit employees during my tenure. 1 would appreciate the opportunity to serve the city I have lived in for 10, plus years. Please contact me directly if you require additional information. October 7, 2010 Sign, ture Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of app ointment, your application will be included in the pool of applicants provi ded however, that you submit current proof of residency at the time of said recruitment. Failure to provide current pr oof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK 3 CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY CA A COPY OF YOUR And t1 �' a,:j 4;�Sr.�t -1t .' j� C. OCT PHOTO ID STATEMENT OF QUAL��IGATIONS:1) L APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application is required for each commission) PLK50NAL INFUKAI IU Name M 4 Residence Address I3osa6 Length of time at this ddres ail address: Home Phone No _ / "� (�J CeIIIMessage Phone No. 7 Are you 18 years of age or older? i (?,J _ Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? A If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 n High School Graduate? G.E.D.? EMPLOYMENT INFORMATION I EXPERIENCE: Z5' / ')1? - I/, REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Road the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENTICERTIFICATION: understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is tru.Q and correct. Date CJ signature Do Not Write Below tills Line For Cit Use and Residency verification: IV Yes ❑ No Date: 10 1111 11D Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: verification: ❑ Yes ❑ No Date: Appointment date: Term. expires: e IMPORTANT: Road the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENTICERTIFICATION: understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is tru.Q and correct. Date CJ signature Do Not Write Below tills Line For Cit Use and Residency verification: IV Yes ❑ No Date: 10 1111 11D Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: verification: ❑ Yes ❑ No Date: Appointment date: Term. expires: oz fume Ma#-YAg4--- Commission Requested: MY50Y)n STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Thy, /C Y w Date: / %� 4-,1, A��- gnature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASF—ATTACH A- CITY OF BA L- PARK CURRENT COPY OF- A UTILITY BILL ANU APPLICATION[ FOR CITY COMMISSION- - Aqd;, CH IT OF 'HAW1,%1l,'1 PAf1kX PHOTO ID- STATEMENT OF'QUALiFicATIONVU' " PERSONNEL APPLICkTION- IS-FOR THE FOLLOWING-COM MISSIOR: FNNEL COMMISSION- -P )WI) OCT -7- Ed 4- 26 tA- snn a ra fe-r annMr- a tin n-is-rauuIra-d-fareach- cam misgion) - P1= R,5'PNA( INFPRMATIPN' Name- f CA owmL, Residence Address \�2,uA) �4-u(V_u �1,, _A, Length of time at this Address: sE-mail address: '4t f" Home Phone No. e Phone No. Are .you 18 years of age orolder? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If y",narne of aggggy and pqsit[6n: F-DOPATIQN: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 110 High School Graduate? G. E. D. Name and Location of College or University Course of Study Degree — QCA 'V�w vom CA vv-m"l q)A ccwm)'\� 14 -5 it M, Tr"Wpl <)k"' PMPLPYMF-NT INFPRMATIPN I EXPPRIWE. Name and Address of Employer(s )_ Position Title Dates of Employment "My,2� M, TW64v- lAck, d4tLl Ivnym, A REFERENCES: Please provide the names of two (0-) persons, who are not City of Baldwin Park Elected or Appointed Officials and who PAP Pmiron! Pn Yppr PAPP0114fi3i on rpjcEer. Name Address Phone No. vz9-A c- S1,11 2-7- CA °1j i-1 IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is qqnsj.qprqq on individual Wt) HAVE YOU EVER ER BEE N CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENTiCER-TiFICA-TION: I understand that upon filing, this application becomes a public record. I certify under penalty of perju under the laws of the State of California that the foregoing is tru and rrect. Date Dq.N0t.WdteBeIw this Ljn F QV Use:'O e -A o Residency verification: WYes D No Date: 10111 1 Voter Registration Verification: Wyes f] No Residency verification: n Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Terin expires: t Name � ICJ '�}� Commission Requested: �� t7Y� bmv"mlz� STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. I have aiwa s admired The City of Baldwin Park's Mayor and City Council. I have been a resident of Baldwin Park since I was a child. I've seen how much my city has evolved in the past 26 years. I recently became a mother. I know that f plan on raising my child in Baldwin Park. As a mother, I hope to set an example for my child as well as other residents. So I decided to Pursue something that's always interested me. I believe holding an Office for the Personnel Commission would het me learn more about the cities policies and procedures and hopefully help me gain the knowledge and make the right connections that maybe one day would help me become a City Council Member. I have been in the entertainment business for the past 5 years. I've been a Morning News Producer News Writer and most recent) a Promotions Specialist, I enoov writing and also working with people. 1 am able to multi -task and have excellent communication skills. I am ffiendly, outgoing and highly ambitious and love helping others. of into Journalism in hopes of changing one's perceptions and opening their eyes up to the occurrences in our world. I enloy working in the news industry but now that I am a mother, 1 plan on only freelancing so I have more time available to pursue another goal of mine. Getting more involved in my own communit y and attaining a seat in City Council. hope that my application is considered and look forward to learning more about the position. I know that 1 could bring a new voice perspective and fresh outlook to the meetings, Thank you, Karla Angulo -Tovar Date: i Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. Karp Angulo -Tovar 14203 R.oclkenbach St. Baldwin Park, California 91706 626 -841 -0974 Icpa8 @msn.com EDUCATION California State Polytechnic University of Pomona Bachelor of Science in Communication Emphasis in Public Relations, Minor in Broadcast Journalism Graduated, June 2005 EXPERIENCE FOX Television Stations Los Angeles, CA. Media Promotions Specialist/Promotions Producer 2007 -2009 Responsible for negotiating and clearing network and syndicator added -value promotions for In- house Media Buying department. Execute and develop media schedules with radio, print and outdoor partners. Identify and confer off-channel exposure for local station promotions. Manage and implement marketing strategies and promotional campaigns, contests and promotional giveaways. Coordinate and facilitate sales promotions, station contests and help execute station events. Work closely with radio stations to'help develop and execute various promotions; scheduling on -air promotion and organizing promo inventory. Strategize and develop effective year -round off channel partnerships with local radio stations, producers and personalities. Manage on -going communication, fulfillment requests and proposals. Serve as Creative Services Department Liaison, assisted producing copy for radio spots, emails, and collateral and other media opportunities. Wrote and produced on -air sales promotion spots. Train and assist in managing of Media Coordinators. Coordinate with Public Relations department for booming talent for on -air interviews and promotional appearances with media partners. Maintain and nurture good working relations with Media Representatives and Producers. Responsible for trafficking spots and creating traffic instructions for market affiliates. Traveled to markets, to help develop, establish and expand current partnerships. Maintained relationships with Cable affiliates. KABC, ABC 7 Los Angeles, CA. Freelance News Writer /Producer 2007 Wrote and copy edited assigned stories into scripts, supervised edit bays, submitted audio and video to be presented on the air. Updated copy and audio /video as story changed, coordinated live shots with field reporters, maintained communication with assignment desk. As a Producer, composed morning show by, finding newsworthy stories and assembled rundown. Assigned stories, confirmed accuracy of stories, ordered graphics, copy edited scripts, monitored wires for breaking news. Developed enterprise stories, managed field reporters, timed show live. 1,,?OVR, CBS 13 Sacramento, CA. Morning Show Producer 2006 -2007 Produced two hour morning news show, created show rundowns, researched and wrote news stories, timed show live, worked with newscast directors and news staff to coordinate production of the newscast. Planned and executed live shots, field produced prepared persons for on -air interviews. Developed and assigned enterprise stories. Booked and coordinated talent bookings, made travel arrangements, Trained and managed. Interns. KCNC, CBS 4 Denver, CO. News Apprentice/News Writer 2005 -2006 Produced cut -ins, printed and sorted scripts. Prepared guests for on -air interviews researched and wrote news stories for assigned shows. Pulled video and wrote to video. Ordered graphics, helped set up live shots and assisted with other communications in control booth. Responsible for assignment desk on weekends, monitored scanner activity and breaking news, developed and planned selection of news events to be covered and assigned persomiel and equipment for coverage of news events. Managed website, uploaded links, wrote stories for web and posted clips. Fulfilled dub requests, acted as Production Assistant for popular seasonal Television programs such as "Bolder Boulder" and "Spirit of the Season." Performed runner duties, prepared reporters with audio equipment, selected on air interviews, provided scripts, and helped time live show. Cal Poly Pomona Pomona, CA, Administrative Assistant to Vice President 2004 -2005 Provided clerical assistance to Office of Vice President for Student Services, answered phones, filed, scheduled appointments. Planned luncheons and meetings for department researched new school programs, clubs. Ordered supplies and maintained inventory. Created and updated bulletin boards, fliers and departmental newsletters. BE Inc. Pomona, CA. Executive Assistant 2002 -2003 Provided administrative and clerical support for the Marketing and West Coast Sales department. Filed, answered phones and directed calls. Made copies, distributed materials to team members, such as memos and client correspondence. Assisted with research assignments, served as Liaison for vendors, and arranged all travel schedules. Acted as event planner for all conferences, meetings, luncheons and training seminars. Maintained departmental records and expenses, completed special projects as assigned. Entered and took phone orders, ordered office supplies. SKILLS • Bilingual in Spanish. • Self Starter, team player. • Proactive and effective managing skills. • High level of organizational skills. • Excellent verbal and written communication skills. • Able to coordinate and develop multiple projects. • Computer literate, Internet savvy, Xerox, fax, Dictaphone & PBX switchboard. • Microsoft office, Word, Power Point, Excel, Strata SBMS & INEWS. • Quark Express, Adobe Photoshop, spreadsheet training & data entry. PLEASE; ATTACH A CITY OF BALDWIN PARK R E q V� °t CURR NT COPY OF A UTILITY l[311,1L AND APPLICATION FOR CITY COMMISSION 1 %� APR ,3 0 2009 A COPY OF YO And PHOT9Ill STATEMENT OF QUALIFICATIONS PERSONNEL CbMml1 §I fi N ' APPLICATION IS FOR THE FOLLOWING COMMISSION: A separate a plication is re trued for each commission PERSONAL INFORMATION- Name W10 C." ew.,l - Residence Address Length of time at this Address:_. E -mail address: 7 Home � CelUMessa e Phone No. 6° _4 _s you registered to vote In the City of Baldwin Park ?_� � Are you 18 year e Are Y of age or older? g Y Do you currently serve as an elected or appointed official fur any hoard and/or agency within the City of Baldwin Park? If yes, name of agency and position: — EDUCATION: G �f G.E Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 14 11 12 High School Graduate? �� D.? /CSC ' fi•)��fr• /�i � /Scc9t''rric� C..rF�� /e E � /. s�j/ �%r+��n /iris �o%4c,C��•�:a /��5 �C; ' EMPLOYMENT INFORMATION ! EXPERIENCE: Name and Address -of E_m �`' la er s Position Title Dates of Em Io ment AGO u•-f� �/�a. wli/�. .5c,- er Z Co S' v era /"' . ,Z3ai�1 ✓ ., /r_ C31 s �' Cra f a f REFERENCES: Please provide the names of two (@n) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capatAities and character. _111e. Lo , -� /gig N• lam- <d �5J ��� ��3 r� " -� 3 IMPORTANT: Road the following carefully and answer completely. A conviction is not an automatic bar to appointment- Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEIVIEANOR OTHER THAN A MINOR TRAFFIC FiC ViOI ATlON7 If yes, Please list all offenses, date and place of offense(s), and sentenceffine received: Date Residency verification: ❑ Yes Residency verification: ❑ Yes Residency verification: ❑ Yes ACKNOWLr=DOEMENTiCERTIFICATION: I understand that upon filing, this apptieatien becomes a pubtic record. 4 certify under penalty of perjury under the laws of the State of Caltfornla that the foregoing Is true and correct. Stdnatut'e ®No Date :r5 -__ ❑ No bate: ❑ No Date: Voter Registration Verification: Appointment date: Term expires_ _ Yes ❑ No Name Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are appiying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission, / Q .r :• Q - �J $� -v a �' r�z e m nn" c' 41fd4�7 Sig furs Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of rosidency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. Ofelia de Gunman 4942 Stewart Avenue Baldwin Park, CA 91706 (626) 962 -2628 Career Objective: To secure a position in general accounting with a firm that offers long -terns growth opportunities. PROFESSIONAL EXPERIENCE Surface Protection Industries, Inc. 3440 E I4`f' Street, Los Angeles, CA 90023. Oct. 1995 -Oct 2007: Position: Accounts Payable Supervisor. C Assist in the preparation and completion of annual audit. Organize monthly closing including Journal Entries preparation. Y Account Reconciliations. Maintain cash flow plan. . Interface with vendors. Y Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. i Maintain vendor master file data in correct and current status. Suggest procedure changes to improve department performance. Roberts Consolidated Industries. 600 N Baldwin Paris Boulevard, City of Industiy, CA 9t749. 1991 -- Aug. 1998: Position: General Accountant. Assisted the CFO with preparation of monthly financial statements. Assisted in the preparation and completion of annual audit. Organized monthly closing including Journal Entries preparation. Account Reconciliations, C Maintain cash flow plan. Tnterface with vendors: Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Suggested procedure changes to improve department performance, 1981 - 1990: Position: Accounts Payable Supervisor. • Supervised and evaluated the performance of five staff members. w Responsible in selection and training'of new hires. • Maintain cash flow plan. - • Interface with vendors. • Interface with intercompany staff for invoice input and control. • Accounts payable invoice entry, matching, control. ® Maintain vendor master file data in correct and current status. Suggested procedure changes to improve department performance. Mosliatel's Inc., 718 S. Wall Street, Los Angeles, CA 90014 1980 - 1981: Position: Accounting Supervisor. • Supervised and evaluated the performance of three staff members. Responsible in selection and training of new hires. • Insured that all functions in the Accounting Department are being performed in accordance with established procedures, • Recommended improvement of existing systems and procedures. • Prepared reports as requested by the Controller. 9 Account Reconciliations. 1977- -1980: Position; Accounts Payable. • Maintain cash flow plan. • Interface with vendors. s . Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Wttllicli_'s Music Cite, Sunset and Vine, Hollywood, CA. 1976 -1977: Position, Accounts Receivable. e Preparation of bank deposits. ® Cash application including research and resolution of short payinents and unapplied cash. i Customer conflict resolution, including research, issuance of credit memos, claim denial notification and freight claims. V Customer account reconciliations. a Verification of pricing, proof of deliveries, shortages and freight claims. 9 Other general office and accounting functions as required. SPECIAL QUALIFICATIONS v Extensive experience in office management and all accounting functions with the ability to operate all standard office equipment. Ability to learn new methods and procedures rapidly. Highly motivated, results oriented regardless of obstacles. A demonstrated records of achievements. • Personal qualities include dependability, initiative, drive and ability to work independently, ability to get along well with people. • Extensive experience with computer associates PRM,S package on AS400 in Accounts Payable along with other accounting functions. Ability to operate standard office equipment. • Familiar with various computer programs; Excel, Lotus 1 -2 -3 and Client Access. EDUCATION SALARY College Degree in Bachelor of Science in Elementary Education, Philippines Nonnal College, Manila. Citrus College; Accounting f and Accounting 11. Computer Classes, various management and accounting seminars. Negotiable RE1rERE, LACES Furnished upon request. PLEASE ATTACH A CITY OF BALDWIN PARK ` E C� � 0 V CUR VNT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY MIX AW And APR 1 4 2609 A Cbk.OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOP THE FOLLOWING COMMISSION: PERSaNNELC�p�,. (A separate application Is re uirect for each commission) PERSONAL INFORMATION: A—) N Residence Address o —' �f GtC Length of time at this Address: jf E-mail address: --N }P ov Home Phone No. 2 CeillM . essago Phone No. 0 Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you eurreniiy serve as an elected r appointed official for any board and/or agency within the City of Baldwin Park ?J If yes, name of agency and position:_ EDUCATION; Circle Highest grade you completed; 1 2 3 4 5 6 7 8 9 10 41 2 High School Graduate? \,4T G.E.D. ?_ EMPLOYMENT INFORMATION I EXPERIENCE: 0 f 1' /j / Gf REFERENCES,. Please provide the names of two (@a) persons, who are not City of Bald�ri P�k�lecied or Appointed OftTciafs end who can comment on your capabilities and character. IMPORTANT: Read the following carefully and ansvlrar completely. A conviction is not an automatic WT 10 appo,nuncnk. L:vui k aw o considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC ViOLATION ?__"0- If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: verification: ❑ Yes ❑ No Date: Tern expires:_ AC KNOWLEDGEM ENTICERTI FfCATI ON: I understand that upon tiling. this application becomes blic record. I certify under penalty of perjury under the laws of the Sta of Califor ' that the foregoing Is tru nd c rrect. - (0 Date Signature _ y �jl�I} y j []n�y'� {'� n [jam npfyPC (� r} fir r.1 �Rta 1.yS -1 - ,i Y v -1 1 t'Viiltlg_ '.J �YV. •{f_`7`f- %iI:IV-<,C I'Ur:V I} i��V ,.fit... Yes ❑ No -�,V Date: Voter Registration Verification: Yes ❑ No Residency verification: r(y Residency verfflwion: ❑ Yes ❑ No Date: Appointment date: _ verification: ❑ Yes ❑ No Date: Tern expires:_ Commission Requested��Y STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. i 4 -,� , Q, t C-- Kam;) L V&Y .nil d3 i .b t tt l r Signature a<, REA PI Y�- ALCA Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for Which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING October 20, 2010 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) Community Development Commission Agenda — October 20, 2010 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL 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) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. MINUTES Staff recommends Commission approve the minutes of the October 6, 2010 meetings (special and regular.) 2. COMMUNITY DEVELOPMENT COMMISSION Staff recommends City Council receive and file. 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. October 14, 2010. Laura M. Nieto, CMC Deputy City Clerk Community Development Commission Agenda — October 20, 2010 Page 2 COMMUNITY DEVELOPMENT COMMISSION AGENDA 00+0 beC U 2010 MINUTES Item No. CITY OF BALDWIN PARK ,,� CITY COUNCIL & COMMUNITY ° M �?r �� 06, 2010 DEVELOPMENT COMMISSION -- �; 6:00 p.m. City Hall - Room ' Y 307 � �! 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor I Chair Ricardo Pacheco, Mayor Pro Tern 1 Vice Chair Marlon Garcia, Monica Garcia, Susan Rubio Councilmembers I 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 ROLL CALL Present: Council Member / Member Monica Garcia, Council Member 1 Member Rubio, Mayor I Chair Lozano. Absent: Council Member 1 Member Marlen Garcia, Mayor Pro Tem 1 Vice Chair Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437.004 -059 Henry H. and Kao Chang 4212 Maine 8437- 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona Page 1 of 3 8437004 -062 14433 Baldwin Park LLC 14433 Ramona 8437004 -063 J &J Warehouse Co. / Newman Tek Capital NIA 8437004 -064 J &J Warehouse Co. 1 Newman Tek Capital 14467 Ramona 8437004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 -004 -068 Bank of America 14401 Ramona 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine 8437004 -070 Roxbury Properties 4124 Maine 8437 -004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554-001-806 N/A 8654-001-807 NIA 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 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case* *Subsequent need item added October 6, 2010 RECONVENE IN OPEN SESSION Reconvened in open session with Council Member 1 Member Monica Garcia, Page 2 of 3 Council Member 1 Member Rubio, Mayor Pro Tem 1 Vice Chair Pacheco and Mayor 1 Chair Lozano present. The meeting remained in recess until the adjournment of the City Council 1 Community Development Commission meetings. At 9:45 p.m. they went back into closed session REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 10:15 p.m. Approved as presented by the Council 1 Commission at their meetings held October 6, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 3of3 MINUTES CITY OF BALDWIN PARK �c ALI) WEDNESDAY, OCTOBER COMMUNITY DEVELOPMENT ' ; - C4 06, 2010 COMMISSION t. - 7;00 p.m, COUNCIL F'Y�1`t T 1' :? CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TernNice Chair Marken 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 Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: Member Marlen Garcia. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS *=22 CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Pacheco. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the special meeting of September 1, 2010. Vice Chair Pacheco requested that staff provide a report on activities of the Community Development Commission Page 1 of 2 ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:45 P.M. Approved as presented by the Council at their meeting held October 20, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 COMMUNITY DEVELOPMENT COMMISSION AGENDA bef -A 2010 COMMUNITY DEVELOPMENT COMMISSION Item No.° it BALDWIN P,A, R� K TO: Honorable Chair and Commission Members FROM: Vijay Singhal, Executive Director Marc Castagnola, Community Development Mana DATE: October 20, 2010 SUBJECT: Community Development Commission PURPOSE: The purpose of this staff report is to provide a summary of major Community Development Commission activities. BACKGROUND I DISCUSSION: The Baldwin Park Community Redevelopment Agency (the "Agency ") was activated on November 27, 1974, with the primary focus of promoting economic development by eliminating conditions of blight, providing new public improvements, and developing new commercial, industrial and affordable housing projects. In 2004, the Agency was reorganized as the Community Development Commission of the City of Baldwin Park (the "CDC "), and assumed responsibility for furthering the City's redevelopment program ( "Redevelopment Plans "). The CDC is authorized by California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the "CRL ") to undertake a wide variety of activities and programs in the interest of the City's long term benefit. From 1976 to 1986, six redevelopment plans were prepared by the Agency and adopted by the City Council: San Gabriel River (1976); Puente - Merced (1978); West Ramona Boulevard (1979); Central Business District (1982); Delta (1983); and, Sierra Vista (1986) ( "Component Redevelopment Plans "). The adoption of these Component Redevelopment Plans enabled the Agency to address conditions of blight, promote economic and community development, and improve affordable housing opportunities in areas throughout the City. In 2000, five Component Redevelopment Plans were amended and combined to create the Merged Redevelopment Project (the "Merged Project "), leaving the Central Business District Component Redevelopment Plan as a separate entity. In accordance with the goals and objectives established in the Redevelopment Plans, the CDC is authorized to undertake a wide variety of activities aimed at stemming blight and economic decline. Such activities include, but are not limited to, acquiring land for resale to a redeveloper, providing financial assistance to existing owners or tenants for building Page 2 of 6 CDC Project Status October 20, 2010 repairs, constructing needed public facilities and improvements, and developing comprehensive economic development strategies that facilitate local investment and job creation. As a redevelopment agency, the CDC is also responsible for increasing, preserving, and improving the supply of housing units for very low, low- and moderate- income individuals and families in the Project Areas. For this purpose, the CDC is required to set aside a portion of tax increment revenues generated by Project Areas. The CDC utilizes its redevelopment tools to achieve its economic development goals such as job creation, business development and growth, sales tax generation, business attraction, business retention and expansion. In addition, the CDC has been proactive and business - friendly with attendance to the International Council of Shopping Center conference to assist our shopping center brokers lease existing vacancies and attract retailers to Baldwin Park. As an example, the CDC, in collaboration with the Small Business Administration, conducted a Business Resource Summit in 2009 to connect our businesses with all of the available business resources. To ensure orderly development within the redevelopment project areas, all proposed improvements within the redevelopment boundaries, must be reviewed and approved by the CDC in a public meeting via the conceptual design review process as administered by the Planning Division. Below is an example of the major CDC activities as follows: • Preparation and annual submittal to the State Auditor Controller's Office the Annual Report of Financial Transactions. • Annual transmittal to the Department of Housing and Community Development (HCD) the CDC's Annual Report of Housing Activity of Community Redevelopment Agencies. • Maintain debt service payments for outstanding bond issues, tax - sharing pass - through payments. • Annual preparation of the CDC's Statement of Indebtedness (reference attachment). • Preparation, update and implementation of the CDC's 5 -year Redevelopment and Housing Implementation Plan. • In terms of potential development opportunities within the City, the CDC has entered into various Exclusive Negotiation Agreements, in order to review the potential redevelopment of opportunity sites within the project areas. Several opportunity sites within the downtown corridor and freeway corridor have been studied. • Ability to enter into Disposition and Development Agreements with developers for redevelopment of sites. The Baldwin Park Marketplace and the Baldwin Park promenade. • Conceptual Review process by the CDC for all proposed improvements within the redevelopment areas. Page 3 of 6 CDC Project Status October 20, 2010 Below is a comprehensive summary on the various projects, programs and activities as authorized and coordinated by the Community Development Commission (Commission) within the last 10 months. Five (5) Year Redevelopment and Housing Implementation Plan After staff's presentation at the January 20th CDC Public Hearing, the Commission approved a resolution adopting the 5 -Year Redevelopment and Housing Implementation Plan for the next cycle of 2010- -2014. Energy Efficiency and Conservation Block Grant (EECBG) -- EECS Strategy (ARRA) • On April 131t', staff received approval from the Department of Energy (DOE) on the City's Energy Efficiency and Conservation Strategy (EECS) and award of contract. • Staff prepared a report on the status of the EECBG funds for City Council's consideration at its April 21St meeting and completed required EECBG reporting for 1St Quarter 2010. • A Green House Gas (GHG) Inventory was prepared as part of the activities within the EECS and paid using EECBG funds. • On August 4th, City Council authorized to advertise bids for the EECBG funded City Hall HVAC replacement project. • On September 9th, a City Hall HVAC RFP was released. A pre -bid walk was held on September 23`d with 11 contractors attending. • By the September 30th deadline, staff received responses to the HVAC RFP from Allison Mechanical, Inc. and Honeywell. SERAF Payment Obligation 1 AB 1389 Pass - Through Payments — FY 2009 -2010 • Prior to the March 1St deadline, staff prepared and submitted a letter to Los Angeles County Auditor Controller detailing how the Community Development Commission (Commission) intended to pay its SERAF obligation for FY 2009 -2010. • Staff prepared a report to Commission on status of SERAF payment for Commission meeting of May 5th, • Based on advice from CRA and the outcome of the lawsuit, the City made its SERAF payment on May 101h. City staff hand - delivered the Commission's SERAF payment to the Auditor Controllers office. • In August, staff coordinated with HdL for preparation of pass - through tax - sharing calculations for 2009 -2010. County responded in writing in response to AB 1389 reporting requirements. • In September, staff coordinated with HdL to prepare updated TI projections for Finance Department use to include into the Commission's Statement of Indebtedness. Baldwin Park Promenade • In February, the Commission approved the developer's request to modify the OPDA to allow a dental use at the Baldwin Park Promenade. Page 4 of 6 CDC Project Status October 20, 2010 • Based on Commission authorization, staff submitted for the developer's signature a Second Implementation Agreement in regards to the modification to the OPDA. • In May, the Developer informed staff that the Second Implementation Agreement had been signed and mailed the original. • The Second Implementation Agreement in regards to the modification to the OPDA was executed and effective as of June 21, 2010. Transitional Subsidized Employment (TSE) Program • On February 17, 2010, a contract agreement was approved to participate in the TSE Program offered by South Bay Workforce Investment Board, for full time employees to work at City Hall and funded by the Federal Stimulus Bill. • City staff worked with the SGV WorkSource in El Monte to hire TSE participants. • As part of this program, 6 TSE participants were hired to work at the City, assisting the Public Works, Community Development, and Finance Departments. • All TSE interns assisted on a full time basis, up to 40 hours per week. • City staff was informed the end of the TSE Program was September 30t" • The City thanked the TSE Participants for their hard work. Job Creation 1 City Job Fair in partnership with SGV Worksource • In April, the SGV WorkSource conducted a recruitment in Morgan Park for an employer located in the City of Irwindale that is seeking to hire 240 warehouse and assembly workers. • Staff coordinated meetings with SGV Worksource to continue discussions regarding our Job Fair, scheduled for June 9, 2010. Staff met weekly with the group to coordinate the job fairlworkshops. • Staff attended other job fairs to identify potential employers. • To promote and market the job fair, flyers were placed at City Hall, Community Center, Teen Center, City Website, Library, EDD offices. NOW article was sent for June issue. Six color job fair ads were promoted in the SGV Tribune. • On June 9t", the Job Fair was a success with over 700 job seekers and 42 employers, representing a wide range of industries. A positive article was posted by the SGV Tribune on June 10, 2010. • Staff has been working with the SGV WorkSource for the upcoming Autumn Job Fair, scheduled for November 17, 2010 at Morgan Park. International Council of Shopping Centers (ICSC) - SGVEP • In March 2010, staff registered for the Las Vegas ICSC in order to share a booth with several SGV cities as coordinated by the Partnership. • Staff worked on pictures to be presented at the shared ICSC booth. • Prior to the event, staff scheduled meetings with various developers, brokers, retailers to meet at ICSC. Staff attended the ICSC convention from May 23rd to 25t" • A summary report was presented to the City Council on the ICSC Convention at its meeting of June 19tH Page 5 of 6 CDC Project Status October 20, 2010 SGV Council of Governments (COG) — Energy Wise • Staff has attended COG Energy Wise monthly group meetings to obtain updates on energy efficiency programs and projects, such as AB 811. • We offered to be a host City for future Home Energy Performance Workshops. The workshop was scheduled on Tuesday, August 3` at the Morgan Park Community Center. Staff assisted with securing the location and on marketing the HEP workshop to the residents. The HEP Workshop was promoted on the City's marquee, Website, Concerts in the Park, and the local cable channel. • There were approximately 20 in attendance at the workshop. Important energy - efficiency information was shared with the community by the guest speakers. • On June 16th, the City Council adopted Resolution 2010 -024 declaring the City's interest to be included in the County's LACEP program. In addition, the City Council adopted Resolution 2010 -029 declaring City support for an energy partnership with SCE, SGV Council of Governments and City. • Staff provided information to the COG in developing their scope of work for SCE's California Long -Term Energy Efficiency Strategic Plan (CEESP). This is to fund for COG cities: 1) development of energy - efficiency chapters for Climate Action Plan and 2) implementation of LA County's Enterprise Energy Management Information System (EEMIS), which will allow cities to view and manage their energy usage. Old Chef's Cafe Property • On June 15, 2010, City staff met with Mr. Temo Garcia, property owner, and his consultant Hector Pacheco to discuss their plans to potentially improve the vacant restaurant at Dalewood Avenue and the 1 -10 Freeway. LAEDC's Most Business Friendly City in Los Angeles County Application • In July, staff worked on compiling information as part of the application process for LAEDC's "Most Business Friendly City in Los Angeles County" award. • Application packets were mailed on July 29th to the LAEDC. However, in September, the City was informed that Baldwin Park was not selected by the review panel. SGV Council of Government (COG) - Climate Showcase Communities EPA grant • On July 9th, the City expressed its interest in participating with the COG's grant application to EPA in regards to the Climate Showcase Communities pilot program. • On July 26th, staff submitted a support letter for inclusion in COG's grant application. New Business Welcome Packets • In August, Planning and the Economic Development Divisions worked together on assembling new business welcome packets. Key information and resources are being finalized to be included in the new welcome packets. Page 6 of 6 CDC Project Status October 20, 2010 Los Angeles County Recycling Market Development Zone (RMDZ) • Commission staff prepared a report for City Council consideration for the City to be included in the Los Angeles County Recycling Market Development Zone, providing economic benefits to local businesses. • On August 18th, the City Council adopted Resolution 2010 -037 in support of joining the Los Angeles County Recycling Market Development Zone (RMDZ). Economic Development Administration (EDA) 9 -yr Report • In September, staff submitted to EDA the required 9 -year jobs creation report in regards to the 24 -acre Baldwin Park Marketplace, which is anchored by Walmart. DC Corporation, LLC — Exclusive Negotiation Agreement (ENA) • On September 1, 2010, the Commission approved an ENA with DC Corporation for a term of 180 days to review the possibility of senior housing and retail development on a 2.2 acre lot located at the intersection of Ramona Boulevard and Badillo Street within the Central Business District Project Area. Per the ENA, a Good Faith Deposit was received from DC Corporation in the amount of $10,000. RECOMMENDATION: It is recommended the Community Development Commission receive and file this report. ATTACHMENTS: Attachment #1 - FY 2010 -2011 Statement of Indebtedness Attachment #1 FY 2010 -2011 Statement of Indebtedness m os a aq� U � ❑I F-� a 0 � is W� ZC� W z� 0 LL LL w zLL. w w d to a L e � c Q � N d Q a a D d 1 E z z A r r m A E n z 0 L) a ¢C C 3 0 m } s a-C c Q � 3 Q m o � ~ D N 06 L rn N N 0 0 (D � 00 I rn d op L rn .J c LL V M a 0 O ja !lf LL @ y 4Q -• ro CL ° s U <( w ca a � U U. 0 cu N in O e d lL LL LL 2 4 N h O -� ,y I— 6 U. iY o w N [L 0. C74z 8Y3 Nas G ro @ c N @ e e/1 Q n I1. m � N c c co a . w C � C ro Mn � N � C C � � O O ro d 3 md� � s m CO y� vi 9 (,X �G @ @ Y ~ m � x w IL ° vc } � C � � O @ @ o -E y a g Q � m � y W �i LLI a �6 C a N O m Z c m c lL v 0 0 m c� V v @ O U 12 R C a'C.. d) d1 @ 0 a ti co c a c w a. E c 0 m m m 0 a n Q v C 6 ¢*-M 0 O O O *'r r ro� CL Q co w LLI Q H Li! Q z U U u. w z L!J ro ur ❑ Q z W LL1 i-- CC: W r r N 0 !U a 0 t� Q uU 1 LL 0 m d E CL O Q7 EU i ro CL C `m c 0 .9 E 0 U E R 9 tU 7 G? 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Beginning Balance, Available Revenues fl (See Instructions) Adjustment made after 501 filed but present in audit report fund equities (183,643) (Ending balance 2008 -2009 5 <183602.66 ?). 1 Tax Increment Received - Gross: 2,348,073 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies. 3. All other Available Revenues Received (See Instructions) 4. Revenues from any other source, included 350,000.00 In Column E of the Reconciliation Statement, but not included in (1 -3) above 5. Sum of lines 1 through 4 2,514,475 6. Total amounts paid against indebtedness 2,568,603 in previous year. (D + E on Reconciliation Statement) 7- Available Revenues, End of Year (5 - 61 - FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year and, Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues_ For instance, an agency funds a project with a bond Issue. The previous SOI included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neither Tax Increment, nor : "Avallable Revenues" as defined, The amounts used to satisfy this DDA would be Included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) San Gabriel River Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement P91, Ln A SGR Refunding Bond 1998 (Schedule Attached) -P &I Pg1, Ln B To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOI $ Less: Housing Set Aside debt Housing Set Aside requirement Housing Set Aside at 6130110 Less: Prior year Housing Set Aside less amount paid (4,863,463- 200,000) 3 Pg1, Ln C Current City loan plus additional principal and interest less adjustment Pg1, Ln D Increase in estimate used on prior year SOI Pg1, Ln D Estimated administrative fees for FY 10 -11 (County) Pg1, Ln E 2000 Merged Refunding Bonds (schedule attached) -P &I Payment from Tax Increment less excess cash held by fiscal agent $28.343 P91, Ln F Excess Cap Limitation Pg1, Ln G Professional Services Pg1, Ln H To adjust AB 1290 Pass Thru as follows: AB 1290 Pass Thru balance at FY 2009/10 AB 1290 Pass Thru's Paid - LA County FY 2009110 Balance as of 6/30/2010 Pg 1, Ln I AB 1389 Pass Thru FY 08 -09 Pg 1, Ln J AB 1389 Pass Thru FY 09 -10 Pg 1, Ln K AB 1389 Pass Thru Estimate for FY 10 -11 Pg 1, Ln L Loan From Low Mod Housing for SERAF Payment 743,315 23,982, 618 (4,796,504) 19,186,014 x 25% 4,796,504 (4,663,463) 133,041 141,306 (141,294) (12) $ 1,315,944 (46,924)_ $ 1,269,020 ° ro a c� a W Q 0 0 } Z Q U� �h z' C] ° N N L U z� QO W W ;� LL w Q U m Q {� 43 m G � � o a IL E C- f. 0 0 o c CU M z z d 3 N } x N C Q i:: LD co T C6 LO N ` to co r 06 to N t LO tO N CO 00 03 m T T 00 N j c Go 00 1- •w 3 C � N cn tfY c ui ° c m E � � F° cs1 {° °' � o a m � o F- 0 +. m a LL a U (0 m U- U. u `a- f 1 � a 1 QL3 � N N ro o a a) CF CL o U- � c Rf '� LY c, LL aQ Up ¢ z cn O yy C � � N G � � G N c n rnQ LL L o o o N U- N ❑. � U ,C Oi ... ai ` 0 c D ° c — c CO w Qtr E CO LL u; c G°.0S a Q CL �- ttl N roC C) rte N :3 j o�w- C o (u o C to CL C 0 cr 0 CJ 0 f� 0 Sd N � -0 E o Qy U� c a C L_ 41 U Q N can °� a. 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N ti R O O {6 W N CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Park Community Development Commission Baldwin Park Redevelo ment A enc PROJECT AREA Puente Merced TAX YEAR 241 0 -2011 RECONCILIATION DATES: JULY 1, 2009 TO .TUNE 30, 2010 Beginning Balance, Available Revenues 0 (See Instructions) Adjustment made after SOI filed but present in audit report fund equities (73,493) (Ending balance for FY 2008- 2009:$ (73,493.28)). Tax Increment Received - Gross: 400,836 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies. 3. All other Available Revenues Received (See Instructions) 4. Revenues from any other source, included 405,380 in Column E of the Reconciliation Statement, but not included in (1 -3) above 5. Sum of Lines 1 through 4 732,723- 6. Total amounts paid against indebtedness 873,826 in previous year, (D + E on Reconciliation Statement) Available Revenues, End of Year (5 - 6) 58,897 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues; The only amount(s) to be excluded as Tax increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SO] included a Disposition Development Agreement (RDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the 'other" column (Col E), but with funds that were neither Tax Increment, nor , "Available Rev, as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Puente Merced Project Area .tune 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A Adjustment for Los Angeles County Deferral Pg 1, Ln C To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOl $ Less: Housing Set Aside debt Housing Set Aside requirement Housing Set Aside at 6130110 Less: Prior year Housing Set Aside less amount paid (3,569,713- 80,167) 17,851,858 (3,570,372) 14,281,486 x 26% 3,570,372 {3,483,546) $ 80,826 Pg 1, Ln D Current Year Principal and Interest added to the City loan. Pg 1, Ln E To adjust amount due for tax sharing agreement with County Fire District: Total outstanding debt per 801 $ Less. Tax Sharing Debt Tax Sharing Requirement (14.50% Rounding Adjustment 'fax sharing obligation at 6130110 Less: Prior year tax sharing debt leas amount paid (2,588,042 - 57,868) Pg 1, Ln F Actual administrative fees paid less than estimate. Pg i, Ln F Estimated administrative fees for FY 10 -11 Pg 1, Ln G 2003 Sales Tax & Tax Allocation Bonds (schedula attached)- P& I payment Payment made from cash held with the Fiscal Agent Payment made from Tax Increment Payment made from Sales Tax Pg i, Ln H Trustee Administrative fees /other professional services Pg 1, Ln I AB 1389 Pass Thru FY 08 -09 Pg 1, Ln I Ali 1389 Pass Thru FY 09 -10 Pg 1, Ln I Ali 1389 Pass Thru FY 10 -11 Estimate Pg 1, Ln J Loan From Low Mod Housing for SERAF Payment 17,851,858 2,588,519 15,263,339 0.1696 2,586,519 (2,530,174) $ 58,345 524,127.00 (91.00) (118,656.00) (405,380.00) m ts� ro CL L i w F- M CO ry0 ]]]JJJyQQQW]]] V ' U (D r W� ❑ O LU i-- N M LU �UJ F. ?0 LL L7. Q J in u w a () iC1 � ro O C � a � N o 7 m r° a` z z C r A z c 0 v Q ¢C C C, n c t7 0 Q C a ED ui G LO C14 Lo uS io 13 to (14 1.0 LO N LO Q C Q N L � a v, m g l� N r 4 � o U IL ¢ } co m U U. 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'G LL�11 4LI R CN iJ �m Q .L y � O O C C T «3 W I y 3 ° o m N' � s.. •� m mm L a N Q C �+ 39 a C c p„ C Vi p O c4 1- N O O Al 6ti O] a� 6Ci q ii N m Z o u m m o W m UI v o0 co co p A H R O C it f V E O m 6 tC c h rn pB eo h� ar ml 4 1Lj I�j d1 N M [9 [*1 C iA (D N N L�P1 co ti n � ipp� NCi m m r- na1 +j, Lo °w v ri rn o o al N N 3 � 3 a to L> ll0. O y.mo CO ,C g M$ L m W O m C C } 0 a c m rd�/1 a O � C p 2 �m d 7 El a •Ir a (0 LL ti L O ,a m Cc S m C '� y� C} p D 'S O Yr O u T u C) 'D E 'a C U T IA N O O N 4 Q Q Fl- N d W L r 4 m 0 0 0 LL 0� �' E m •` � r r r U N i 1+ c U d d Q 0. Q a a a " aci m �o._ O a < CL 4 co m U O to u. C7 m }¢- S Q J -J d F 0 0 Z. YS 'd w C 0 K �a m CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) PROJECT AREA West Ramona TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 0 (See Instructions) Adjustment made after SO] filed but present in audit report fund equities (68,234) (Ending balance:$ (88,233.79)). 2. Tax Increment Received - Gross; 356,385 All Tax increment Revenues, to include any Tax Increment passed through to other local taxing agencies. 3. All otherAvailable Revenues Received 1,047 (See Instructions) 4. Revenues from any other source, included 0 in Column E of the Reconciliation Statement, but not included in (1 -3) above 5. Sum of Lines 1 through 4 288,198 6. Tolal amounts paid against indebtedness 417,620 in previous year. (D + E on Reconciliation Statement) 7. Available Revenues, End of Year (5 - 6) 0 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For Instance, an agency funds a projectwith a bond issue. The prevlous 501 included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconcll €ation Statement as fully repaid underthe "othee' column (Col E), but with funds that were neither Tax Increment, nor ;'Available Revenues" as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Paris Redevelopment Agency) West Ramona Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A To adjust current Housing Set Aside debt, as follows: Total outstanding debt per $01 $ 525,962 Less: Housing Set Aside debt (105,192) 420,770 Housing Set Aside requirement x 25% Housing Set Aside at 6130/10 105,192 Less: Prior year Housing Set Aside less (43,805) amount paid (43,805 -0) $ 61,387 Pg 1, Ln B Principal and Interest on City Loan adjustment Pg 1, Ln C Estimated administrative fees for FY 10 -11 Pg 1, Ln C Actual administrative fees paid less than estimate. Pg 1, Ln D To adjust indebtedness for tax sharing agreement with County Fire District: Total outstanding debt per SOl $ 525,962 Less: Tax Sharing Debt (76,896) 449,066 Tax Sharing Requirement (14.52 %) 01712 Rounding adjustment 1 Tax sharing obligation at 6130110 76,896 Less: Prior year tax sharing debt less (31,978) amount paid (31,978 -0) $ 44,918 Pg1, Ln E 2000 Merged Refunding Bonds (schedule attached) -P &I 60,526 Payment from Tax Increment (60,518) Payment from cash held by fiscal agent X8.00) Pg 1, Ln F Professional Services Pg 1, Ln G Excess of CAP Limitation Pg 1, Ln H Loan From Love Mod Housing for SERAF Payment w rn a Q `m y a U W h- a v .j O Z d LLJ1 F W� A ty W TW W w z� 0 LL. 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CL s a_ 4 0. d d d a 6 ca z CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) PROJECT AREA Central Business District TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1, Beglnning Balance, Available Revenues 0 (See Instructions) Adjustments made after SOI filing but present in audit report fund equities (28,742) (FY 2008 -09 ending balance: $<28,741.97>) 2. Tax Increment Received - Gross: 1,446,552 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies 3. All other Available Revenues Received (See Instructions) 4. Revenues from any other source, included 289,310 in Column E of the Reconciliation Statement, but not included In (1 -8) above 5. Sum of Lines 1 through 4 1,707,120 6. Total amounts paid against indebtedness 1,798,746 In previous year. (D * E on Reconciliation Statement) —� 7. Available Revenues, End of Year (5 - 6) 0 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PACE, LINE 4 NOTES Tax Increment Revenues: The only amounts) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SO] included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neither Tax Increment, nor : "Available Revenues" as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Central Business District June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A CBD Refunding Bond (See schedule attached) -P &I 579,294.00 Payment from Tax Increment (547,247.00) less excess cash held by fiscal agent (32,047,00) Pg 1, Ln B To adjust current Housing Set Aside debt, as follows: Total outstanding debt per 801 $ 100,893,516.00 Less: Housing Set Aside debt (20,178,703.20) 80,714,812.80 Housing Set Aside requirement x 25% Housing Set Aside at 6130110. 20,178,703.20 Rounding adjustment (0.20) Less: Prior year Housing Set Aside less (20,071,705.00} amount paid ( $289,310 Was paid Sierra vista Project) $ 106,998.00 Pg 1, Ln C Current year loan and interest adjustment. Pg 1, Ln D Actual administrative fees paid less than estimate. Pg 1, Ln R Estimate administrative fees for FY 2010 -11 (County) Pg 1, Ln E To adjust indebtedness for tax sharing agreement with County Fire District; Total outstanding debt per S01 $ 100,893,516.00 Less: Tax Sharing Debt (15,840,282.01) 85,053,233.99 Tax Sharing Requirement (15.7% Rounding adjustment Tax sharing obligation at 6/30110 Rounding adjustment Less: Prior year tax sharing debt less amount paid (15,983,396- 226,261) 0.19 15,840,282.01 (0.01) (15,757,135.00) $ 83,147.00 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Central Business District June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln F To adjust indebtedness for tax sharing agreement with County Flood District: Total outstanding debt par SOI $ 100,893,516.00 Less: Tax Sharing Debt (1,513,402.74) 99,380,113.26 Tax Sharing Requirement (1.5 %) 0.02 Rounding adjustment Tax sharing obligation at 6130110 1,513,402.74 Rounding adjustment 0.25 Less: Prior year tax sharing debt less (1,507,690.99) amount paid (1,527,076 - 19,385.01) $ 5,712.00 Pg 1, Ln G To adjust indebtedness for tax sharing agreement with County Library: Total outstanding debt per SOI $ 100,893,516.00 Less: Tax Sharing Debt 2,623,231.42) 98,270,284.58 Tax Sharing Requirement (2.60 %) Rounding adjustment Tax sharing obligation at 6/30109 0.03 2,623,231.42 Rounding adjustment (0,06) Less: Prior year tax sharing debt less (2,613,331.36_) amount paid (2,646,932- 33,601) $ 9,900.00 Pg 1, Ln H To adjust indebtedness for tax, sharing agreement with County: Total outstanding debt per SO] $ 100,893,516A0 Less: Tax Sharing Debt (45,906,54918) 54,986,966.22 Tax Sharing Requirement (45.50 %) 0.83 Rounding adjustment Tax sharing obligation at 6130109 45,906,549.78 Rounding adjustment 0.22 Less: Prior year tax sharing debt less _(45,733,297.00) amount paid (46,321,308- 588,01.1.18) Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Central Business District June 30, 2010 Explanatlon to Adjustments on Reconciliation Statement $ 173,253.00 Pg 1, Ln I LA County Deferral of tax Increinent Pg 1, Ln J Professionalffrustea Administrative fees Pg 1, Ln K AB 1389 Pass Thru FY 08 -09 Pg 1, Ln K AB 1389 Pass Thru FY 09 -10 Pg 1, Ln K AB 1389 Pass Thru FY 10 -11 Estimate Pg1,Ln L Loan From Low Mod Housing for SFRAF Payment 4 N G 3 U C R a ° 3 U') LO co swo ° C��f N t- Q 0) � F^' oW ilk Q e E 0 N Lu N Z a ,- H N W Z s Q 0 H J Z tT. 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S S S S ---� 5 .C.f .J ¢ J J Q � � �•' �3 a� N 0 ro Q) Q) 0 m A M m m w CALCULATION OF AVAILABLE REVENUES AGENCY NAME BaldMn Park Community development Commission (Baldwin Park Redeyelopment_AQency) PROJECT AREA Delta TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 150,123 (See Instructions) Adjustment made after SOI filed but present In audit report fund equities (Ending balance for FY OB-09 $150,123 - $72,025.18 audited Balance) (76,098) 2. Tax Increment Received - Gross: 380,681 All Tax Increment Revenues, to include any Tax Increment passed through to other local tarring agencies. 3. All other Available Revenues Received 1,622 (See Instructions) 4. Revenues from any other source, included - in Column E of the Reconciliation Statement, but not included in (1-3) above 5. Sum of Lines 1 through 4 454,328 6. Total amounts paid against Indebtedness 294,904 in previous year. (D + E on Reconciliation Statement) 7. Available Revenues, End of Year (5 - 6) 159,424 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agent pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4, above: This represents any payments from any source other than Tax Increment OR available revenues. For Instance, an agency funds a project with a bond issue. The previous $01 included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neitherTax Increment, nor: Available Revenues" as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baidwin Park Redevelopment Ager Delta June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A Current year loan and interest adjusted to City Loan (See Attached) Pg 1, Ln B To adjust current Housing Set Aside debt, as follows: Total outstanding debt par SOl $ 14,839,204,00 Less. Housing Set Aside debt (2,967,841.00) 11,871,363.00 Housing Set Aside requirement x_25% Housing Set Aside at 6/30110 2,967,841.00 Rounding adjustment Less: Prior year Housing Set Aside les. (2,731,957.00)_ amount paid (2808093- 761.36) $ 235,884.00 Pg 1, Ln C Actual administrative tees paid less than estimate Pg 1, Ln C Estimate administrative fees for FY 2010 -11 (County) Pg 1, Ln D To adjust indebtedness for tax snaring agreement with County Fire District: Total outstanding debt per SOI $ 14,839,204.00 Less: Tax Sharing Debt (2,151,685.00) 12,687,519.00 Tax Sharing Requirement (14.5 %) 0.1696 Rounding adjustment Tax sharing obligation at 6130110 2,151,803.00 Less: Prior year tax sharing debt less 11,980,903.65) amount paid (2,035,868 - 54,964) $ 170, 781.00 Pg 1, Ln E To adjust indebtedness for tax sharing agreement with County -General for possessory interest (from County owned property): Total outstanding debt per SOl $ 14,839,204.00 Less: Tax Sharing Debt (6,232,466.00) 8,606,738.00 Tax Sharing Requirement (42.00 %) 0.72 Rounding adjustment Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agei Delta ,tune 30, 2010 Explanation to Adjustments on Reconciliation Statement Tax sharing obligation at 6130/10 6,232,465.00 Rounding adjustment Less: Prior year tax sharing debt less (5,8t37_,%7.00) amount paid (5,896,996- 29,399 ) $ 364,868.40 NoW FY 2006107 is the first year that the City of Baldwin Park received a breakdown of the Possessory Interest pass thru to taxing entities. For simplicity and for this year report only, the outstanding debt beginning balance of $69,100 is assumed to be owed to General. Pg 1, Ln F To adjust indebtedness for tax sharing agreement with County Library for possessory interest (from County owned property): Total outstanding debt per SOI $ 14,839,204.00 Less: Tax Sharing Debt (356,141.00) 14,483,063.00 Tax Sharing Requirement (2.40 %) 0.02 Rounding adjustment 0.00 Tax sharing obligation at 6/30/10 356,141.00 Rounding adjustment Less: Prior year tax sharing debt less (335,291.00) amount paid (33,6971 - 1,680) $ 20,850.00 Pg 1, Ln G To adjust indebtedness for tax sharing agreement with County Flood District for possessory interest (from County owned property): Total outstanding debt per SOI $ 14,839,204.00 Less: Tax Sharing Debt 222,588.06 14,616, 615.94 Tax Sharing Requirement (1.5 %) 0.02 Rounding adjustment Tax sharing obligation at 6/30/10 222,688.06 Rounding adjustment (0.09) Less: Prior year tax sharing debt less (209,557.00) amount paid (210,507 - 1,050) $ 13,031,00 Pg 1, Ln H Professional Services Pg 1, Ln 1 2000 Merged Refunding Bonds (schedule attach 115,997.00 Baldwin Park Community Development Commission (Baldwin park Redevelopment Agel Delta June 30, 2010 Explanation to Adjustments on Reconciliation Statement Payment from Tax Increment (i 15,988.OQj Payment from cash held by fiscal agent (9.00) 0.00 Pg 1, Ln J AB 1389 Pass Thru FY 10 -11 Estimate Pg 1, Ln J County AB 1389 Pass Thru FY 09 -10 Pg 1, Ln J AB 1389 Pass Thru FY 08 -09 Pg 1, Ln K Loan From Low Mod Housing for SERAF Payment 4) 0. �0♦ V W Q 0 Z [11 d �- U y/ T LLi N CD Z W O w� ZQ LL U. 0 HLq w " W Q 'E.. 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U -C-, M ( a 1a LL w LLt t c d s Q w c iA 4) m CA N co CO N Cl) 0 1� d '�F rn7 w cl M � G d� CL 0. m� `q M `v h m V r chi m r Cl) cI n w O G r CV C },� — H C N N a c yr @ cs CS f3 a 01 ti o N m rt o ° co rn m tcMp L � c i u N N U co N 'mod' r R N o o r v m Ilz N cs� w o W) v c Qf M «J t Ln N1 .0 � � c Q o a p O _ C) (O N C a m Q cS m y5; o O m 5 O cl i41 Q Q C w W r OO r U-. X(n Q aP- C iL'!" CL i' 5 J J J J J C CU r - r r e- r +^ r r r- J r -¢ an.dtL �aaaa�aQ c � cr @ CJ CI c! Q Q Q 44Q Q Q Q a a Q. CL p 22 C E 0 c n° a A CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) PROJECT AREA Sierra Vista TAX Y5AR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 572,766 (See Instructions) Correction to prior year after SO] filed but included In audited statements (272,187) (Ending balance from 1~Y 2008 -09 $572,766- 300,578.81 audited balance) 1 Tax Increment Received - Gross: 3,332,634 All Tax Increment Revenues, to include any Tax Increment passed through to other focal taxing agencies. 3. All other Available Revenues Received 7,483 (See Instructions) 4. Revenues from any other source, included 0 In Column E of the Reconciliation Statement, but not included In (1 -3) above 6. Sum of Lines 1 through 4 3,640,696 6. Total amounts paid against indebtedness 3,958,928 in previous year_ (D + E on Reconciliation Statement) 7, Available Revenues, End of Year (5 - 6) 0 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4, above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SOI included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the " other" column (Col E), but with funds that were neither Tax Increment, nor: "Available Revenues" as defined, The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending'Avallable Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Sierra Vista Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A To adjust outstanding County deferral. Pg 1, Ln B Principal and interest adjustment on City Loan Pg 1, Ln C Actual costs were more than estimate on prior year 80I. Pg 1, Ln C Estimate administrative fees for FY 10 -11 Pg 1, Ln D To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOi Less: Housing Set Aside debt Housing Set Aside requirement Housing Set Aside at 6130110 $ 98,866,633.00 (19,773,326.60) 79,093,306.40 x 25% 19,773,326.60 Rounding adjustment 0.40 Less: Prior year Housing Set Aside less (19,169,334,00) amount paid (19,835,861- 666,527) $ 603,993.00 Pg 1, Ln D 20 °h Housing Set -Aside -paid for CBD Project per Section 333343 (1) set -aside can be met in the aggregato since CBD doesn't have enough funds to pay. Pg 1, Ln E To adjust indebtedness for tax sharing agreement with County Fire District: Total outstanding debt per SOI $ 98,866,633.00 Less: Tax Sharing Debt (14,829,994.95) 84,036,638.05 Tax Sharing Requirement (15.00 %) 0,1765 Rounding adjustment (2,471.67) Tax sharing obligation at 6130/10 14,829,994.95 Rounding adjustment 0.06 Less: Prior year tax sharing debt less (14,379,267.00) amount paid (14,876,896 - 497,629.01) $ 450,728.00 Page 9 of 3 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Sierra Vista Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln F To adjust indebtedness for tax sharing agreement with County Flood District; Total outstanding debt per SU $ 98,866,633.00 Less: Tax Sharing Debt (1,186,399.60) 97,680,233.40 Tax Sharing Requirement (1.2 %) 0.01 Rounding adjustment (1.00) Tax sharing obligation at 6130110 1,186,399.60 Rounding adjustment 0.40 Less: Prior year tax sharing debt less (1,150,342.00) amount paid (1,190,152 - 39,810.36) $ 36,057.00 Pg 1, Ln G To adjust Indebtedness for tax sharing agreement With County General: Total outstanding debt per SOI $ 98,866,633.00 Less: Tax Sharing Debt (33,733,295.18) 65,133,337.82 Tax Sharing Requirement (34.12 %) 0.52 Rounding adjustment Tax sharing obligation at 6130110 33,733,295.18 Rounding adjustment (0.18) Less: Prior year tax sharing debt less (32,708,304.00) amount paid (33,839,979-1,131.674.80.) $ 1,024,991.00 Page 2of3 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Sierra Vista Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln Ft To adjust indebtedness for tax sharing agreement with Library: Total outstanding debt per SOI $ 98,866,633.00 Less: Tax Sharing Debt (1,957,559.33) 96,909,073.67 Tax Sharing Requirement (1.98 %) 0.020 Rounding adjustment 0.00) Tax sharing obligation at 6/30110 1,957,559.33 Rounding adjustment (0,33) Less: Prior year tax sharing debt less (1 ,898,481.00) amount paid (1,963,750- 65,288.92) $ 59,097.00 Pg 1, Ln 4 2000 Merge Refunding Bonds (See schedule attached) -P &I 359,898.00 Payment made from cash held with the Fiscal Agent (29.00) Payment made from Tax Increment (359,869.00) Pg 1, Ln J Professional Services - Pg 1, Ln K Annual Inflationary Growth, Section # 33401 Pg 1, Ln L Annual Inflationary Growth, Section # 33676 Pg 1, Ln M AB 1389 pass Thru FY 08 -09 Pg 1, Ln M AS 1389 Pass Thru FY 09 -10 Pg 1, Ln M AB 1389 Pass Thru FY 10 -11 Pg 1, Ln N Agency Assistance per OPA Pg 1, Ln Q SERAF Payment Page 3 of 3 AGENDA BALDWI N PARK FINANCE AUTHORITY REGULAR MEETING October 20, 2010 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 P- A- R- K Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al p6blico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante e/ perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the 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 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen 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 DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o iijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the August 18, 2010 meeting (regular). 2. CITY OF BALDWIN PARK FINANCE AUTHORITY Staff recommends Authority receive and file. 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. October 14, 2010. Laura M. Nieto, CMC Deputy City Clerk FINANCING AUTHORITY AGENDA MINUTES OCT 2 0 -� CITY OF BALDWIN PARK �A 'fti WEDNESDAY, AUPH T 18 . FINANCE AUTHORITY ° ��: Paz�� f 7:00 p.m. COUNCIL CHAMBERS *�Fb,A,►±:� 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco. Absent: Chair Lozano. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Vice Chair Pacheco, seconded by Member Marlen Garcia. 1. MINUTES Authority approved the minutes of the regular meeting of July 21, 2010. REPORTS OF OFFICERS 2. SEPTEMBER 15, 2010 CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, FINANCE AND HOUSING AUTHORITY MEETINGS (See related items on City Council, CDC & Housing agendas) Motion: Cancel the second meeting of September. and direct the City Clerk to Page 1 of 2 post the appropriate notice of cancellation. A review of pending items will be done at the September 1, 2010 meeting Moved by Member Marlon Garcia, seconded by Member Rubio. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:17 p.m. Approved as presented by the Authority at their meeting held October 20, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 I Nwl_� ra-,r,, 1 '113 1 N 1 P , A , R � K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALMN PARK STA Honorable Mayor and City Council Members Vijay Singhal, Chief Executive Office Lorena Quijano, Director of Financ 14 1 ) K October 20, 2010 City of Baldwin Park Financing Authority Update FINANCING AUTHORITY AGENDA OCT a o WRT�» The purpose of this report is to provide the City Council with an update of the City of Baldwin Park Financing Authority, its functions and activates. BACKGROUND The City of Baldwin Park Financing Authority was established on April 6, 1988 by Resolution 242 between the City of Baldwin Park and the Baldwin Park Redevelopment Agency (now Community Development Commission) by execution of a joint exercise of powers agreement. The Financing Authority is governed by a five - member board consisting of the City Council. ANALYSIS/DISCUSSION The Financing Authority's purpose /functions are to acquire, finance or refinance, construct, manage and maintain or operate various certain public capital improvements or finance working capital, all as defined in the Marks -Roos Local Bond Pooling Act of 1985 constituting Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Bond Pooling Act ") on behalf of its members. The Financing Authority can also be counterparty on a lease financing or facilitate bond pooling. Under California law and the Joint Exercise of Powers Agreement, the Authority is a public entity separate and apart from the parties to the Joint Exercise of Powers Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or Commission or any representative of the City or Commission serving on the governing body of the Authority, however either party may pledge certain revenue to the Authority to make payments on its debt. The City of Baldwin Park Finance Authority Update Page 2 following is the summary of the current long term debt issued by the Financing Authority to finance or refinance obligations of the City or the Commission:` CITY OF BALDWIN PARK FINANCING AUTHORITY SUMMARY OF LONG TERM DEBT LONG TERM DEBT FY 2011 MATURITY PRINCIPAL BALANCE PRINCIPAL DATE AMT ISSUED AS OF JUNE 30, 2010 DUE 21112011 $ 1,000,000 $ 125,000 $ 125,000 1011/2017 000 Tax Allocation Bonds (CDC Debt) Central Business District -1990 Series A 1111/1990 8/112019 $14,205,000 $ San Gabriel River Area - Series 1998 Refunding 811/1998 8/1/2021 $11,875,000 $ Total Tax Allocation Bonds 2,743,000 $ 297,000 2,868,000 $ 422,000 4,325,000 $ 260,000 5.830.000 $ 465,000 00 $ 10,155,000 $ Sales Tax & Tax Allocation Bonds CDC Debt Puente Merced Redevelopment Project - Series 2003 12/3112003 811/2021 $ 265,000 $ 4,705,000 $ 305,000 Lease Revenue Bonds (City Debt) Community Center Project - 2004 Refunding 10/13/2004 8/1/2034 $10,840,000 $ 9,740,000 $ 220,000 Total Long Term Debt: $ 8,650,000 $ 27,468,000 $ 1,672,000 The outstanding debt reflected above was reported in the Statement of Indebtedness that was filed with the County of Los Angeles on September 30, 2010 (see Attachment). This report is required to be filed on an annual basis in order for the CDC to receive any tax increment. The June 30, 2010 outstanding principal amounts will also be reflected in the June 30, 2010 Comprehensive Annual Financial Report (CAFR), which will be completed by December 31, 2010 after the current audit (currently underway) is completed. ISSUE DESCRIPTION DATE Certificate of Participation Ci Debt) Energy Conservation Bond 2/112001 2002 Variable Rate Demand (Refunded in 2008) 10/17/2008 Total COP Bonds LONG TERM DEBT FY 2011 MATURITY PRINCIPAL BALANCE PRINCIPAL DATE AMT ISSUED AS OF JUNE 30, 2010 DUE 21112011 $ 1,000,000 $ 125,000 $ 125,000 1011/2017 000 Tax Allocation Bonds (CDC Debt) Central Business District -1990 Series A 1111/1990 8/112019 $14,205,000 $ San Gabriel River Area - Series 1998 Refunding 811/1998 8/1/2021 $11,875,000 $ Total Tax Allocation Bonds 2,743,000 $ 297,000 2,868,000 $ 422,000 4,325,000 $ 260,000 5.830.000 $ 465,000 00 $ 10,155,000 $ Sales Tax & Tax Allocation Bonds CDC Debt Puente Merced Redevelopment Project - Series 2003 12/3112003 811/2021 $ 265,000 $ 4,705,000 $ 305,000 Lease Revenue Bonds (City Debt) Community Center Project - 2004 Refunding 10/13/2004 8/1/2034 $10,840,000 $ 9,740,000 $ 220,000 Total Long Term Debt: $ 8,650,000 $ 27,468,000 $ 1,672,000 The outstanding debt reflected above was reported in the Statement of Indebtedness that was filed with the County of Los Angeles on September 30, 2010 (see Attachment). This report is required to be filed on an annual basis in order for the CDC to receive any tax increment. The June 30, 2010 outstanding principal amounts will also be reflected in the June 30, 2010 Comprehensive Annual Financial Report (CAFR), which will be completed by December 31, 2010 after the current audit (currently underway) is completed. City of Baldwin Park Finance Authority Update Page 3 FISCAL IMPACT None. RECOMMENDATION It is recommended that the City Council receive and file the City of Baldwin Park Financing Authority Update report. ATTACHMENTS 1. Resolution No. 242. 2. Statement of Indebtedness RESOLUTION NO. 242 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT AND APPOINTING THE BOARD'S REPRESENTATIVES TO THE GOVERNING BODY OF THE BALDWIN PARK FINANCING AUTHORITY (A JOINT POWERS AGENCY) CREATED THEREBY WHEREAS, the Redevelopment Agency of the City of Baldwin Park (the "Agency ") is a redevelopment agency duly organized and existing under the laws of the State of California, and WHEREAS, the Agency upon authorization by its Board, may pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "JPA Law ") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them, and WHEREAS, the Board and one or more other public agencies intend to enter into a joint exercise of powers agreement pursuant to the JPA Law (the "Joint Exercise of Powers Agreement ") pursuant to which the Baldwin Park Financing Authority (A Joint Powers Agency) (the "Authority ") will be created, among other things, to finance and refinance various Public Capital Improvements and Working Capital, both as defined in the Marks -Roos Local Bond Pooling Act of 1985 constituting Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Bond Pooling Act "), and WHEREAS, under California law and the Joint Exercise of Powers Agreement, the Authority will be a public entity separate and apart from the parties to the Joint Exercise of Powers Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the Agency or any representative of the Agency serving on the governing body of the Authority (the "Governing Body "), and WHEREAS, the Authority is authorized under the Bond Pooling Act to purchase at public or negotiated sale certain obligations (the "Obligations ") issued by Members of the Authority and other public agencies and sell at public or negotiated sale such Obligations or issue and sell at public or negotiated sale .-.� bonds secured in whole or in part by such Obligations, and -2375- RESOLUTION NO. 242 PAGE TWO WHEREAS, this Board proposes to authorize the execution of the above - referenced Joint Exercise of Powers Agreement, in substantially the form presented to this Board, and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time_ , farm and manner as required by .law, and the Agency is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Declaration of Board. This Board hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to public affairs of the Agency, and that the statements, findings and determinations of the Agency set forth in the preambles above and of the documents approved herein are true and correct. SECTION 2. Joint Exercise _.. of. Powers ..A reement . The form of Joint Exercise of Powers Agreement dated as of March 1, 1988, presented to this meeting and on file with the Secretary of the Board is hereby approved. The Chairman, Vice - Chairman, Executive Director, Secretary and any other Agency officer or official of the Board authorized by the Executive Director are each hereby authorized and directed, for an in the name and on behalf of the Agency, to execute, acknowledge and deliver said Joint Exercise of Powers Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. Attestation, and .Seal. The Secretary of the Board is hereby authorized and. directed to attest the signature of the authorized signatory, and to affix and attest the seal of the Agency, as may be required or appropriate in connection with the execution and delivery of the Joint Exercise of Powers Agreement. SECTION 4. A,gencyTRepre.$entative. The members of the Board of the Agency are hereby appointed as the Agency's Representatives to the Governing Board for all purposes -2376- RESOLUTION NO. 242 PAGE THREE of representing the Agency's interests and exercising the authority of the Agency with respect to the Authority and voting on behalf of the Agency on all matters delegated. to the Governing Board, and such individuals shall keep this Board informed of such matters on a timely basis. SECTION 5. Further Actions. Officers of the Board and the Chairman, Vice -- Chairman, Executive Director, Secretary and any other officer or official of the Agency authorized by the Executive Director, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Joint Exercise of Powers Agreement. Such actions heretofore taken by such officers are hereby ratified, confirmed and approved. ^. SECTION 6. Effective Vale. This resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 6th day of April:, 1388. ATTEST: Ralph H. W k bb, Secretary -2377- Leo W. King, Chairm RESOLUTION NO. 242 PAGE FOUR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF BALDWIN PARK ) I, RALPH H. WEBB, Secretary of the Baldwin Park Redevelopment Agency of the City of Baldwin Park, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the Baldwin Park Redevelopment Agency at a Regular Meeting thereof, held on the 6th day of April, 1988 by the following vote to wit: AYES: Rick Gibson, Jack B. White, Bobbie W. Izell, Julia Mc Neill and Leo W. King NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Agency on this 6th day of April, 1988, —�� % W, Ralph H. Webb, Secretary -2378- x W A <.r 7 G O tV 0 4� vae� Q E og U� a rn a c g ¢ p m h N C ,7 � Ci. 10 EU E .°- 0 :3 . cF ca y � -M wok Ne 0 LO 8 to U) w z LU FM i, W a z U- 0 F z uj m w Q Q (N 0 N [G Y D a� L OR n CL U W c� a� a M a 0 c m E N }� r Qa W N 0 NNo LL Vl m CL c OF C ro a� c `o m n a N Q'r C Q Q} 0) a t° 3 O V) F } G i c a° m z UJ O L q) rya a i 0 a s- N d N w F- O L. W Ll. d E �d o a a a O O 2 2 0 T T m E 0 z O V a .. e � IL R a a own U;• ado Lo C w N co to 0 OQ w- I � D CM �N C w m c fa 1 .2 � ol o d � o _ o rn t �s U O v c 0 c Fr^ ;u a 6 a o LL 2 c CZ A w m e 0 � m 0 o ro Tj T N y.. .EiS7 m OI a f�rp F°_ Q o m 0 m It LL~ Li a� 0 0 T m d Q co O LL D. 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LL LL (�p't7'DOO Wa Q Q cl X w m ¢Qi£ m m f- a1 Vi +6 Y y 00 CV rn y. a R i11 0 < yN C 41 O Cam. =•�•� ,v C.i p 0 4 Q N 2-QmU❑ l�'I a O t6 M i, V 4 c.f W a Q fl U W c v m m c � ¢� ID .. m a d � M 0�av O O E m z z Q O N 0 M O h A N At y W W G O u 12 o ' ` A - M CD p V 0 y gN o R co ti Q Y m 0 O cT N iV co N N C� Ot u m r- v e t co r E lu a Q 0 c a LL fl� «_ c3 t � � U fll as c n 10 c a M O M N O M C �D cB •£ q« 00 rl 7 Qf c r r N N E N O d M$Q Q amp .m r r N O ' F-• R s Q D U� 5w 8 LL Y3 � C �pEc nM Y a r e' o N N EM f+7 op O 9 M P NV Cr0 Gr0 ffi c°9, n c¢ro 22 � f71�3 X N [i v a U m } tt) E G r m !L .qVO E� ~ O w "no 'Sfi lo- - N O O � (r0 r: }� Y C Q o A ❑ C C 9 r r 00 M h Ifi M r ;r M H r r M M« N � vl Q C m co Vr N 1� °' tCV ' N E O 7 7 U d 9S S uA a � � G IL -u o o W c Q w 01 %' z- o ro , r.- itl 0 r ,� 'v � O C3 O r r r C D a'•c° N � ¢, P in a co L y 111 a m m V) .c a m m M m ro -� a p C v y O N W 9 m C Q CQ 0. R 0. m N p CA C « M U � Y; O�i T oho M c�Q � � G Uj N ¢ Q M N x UJ wo' 0. Q Q �q Q Ifl Q 1 J C 1 E c Q v�1? iv }` I Q m U ❑E 5 f� LEl 1 IL J CJ J �C. J — J — .� •..• � i .n.. ,..� � N C •� m 'a « E y a Lu ❑ p a y U { 4. G. 0. 0. 0. a IL t7.. d CL Q. fl. CL Q N c •pC : d E p .l? ❑ m S O i Q GD U Lu U U' T — C t^ r r r r r r r r Q Q Q (L 0-Eq o0W z 1 f.. p 0 CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) PROJECT AREA San Gabriel River TAX YEAR 2010 -11 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 0 (See Instructions) Adjustment made after S01 fried but present In audit report fund equities (163,603) (Ending balance 2008- 2009 $ <183602.66>). 2. Tax Increment Received - Gross: 2,348,073 All Tax Increment Revenues, to Include any Tax Increment passed through to other local taxing agencies. 3. All other Available Revenues Received (See Instructions) 4. Revenues from any other source, Included 350,000.00 in Column E of the Reconciliation Statement, but not included in (1 -3) above 5. $urn of lines 1 through 4 2,514,475 6. Total amounts paid against indebtedness_ 2,568,603 in previous year. (D + E on Reconciliation Statement) 7. Available Revenues, End of Year (5 - 6) FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For Instance, an agency funds a project with a bond Issue. The previous SO included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Cal E), but with funds that were neither Tax Increment, nor ;'Available Revenues" as defined, The amounts used to satisfy this DDA would be Included on Line 4 above to accurately determine ending'Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) San Gabriel River Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg1, Ln A SGR Refunding Bond 9998 (Schedule Attached) -P &I Pg1, Ln B To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOI $ Less: Housing Set Aside debt Housing Set Aside requirement Housing Set Aside at 6/30110 Less: Prior year Housing Set Aside less amount paid (4,863,463- 200,004) Pg1, Ln C Current City loan plus additional principal and interest less adjustment Pg1, Ln D Increass in estimate used on prior year SOI Pg1, Ln D Estimated administrative fees for FY 10 -11 (County) P91, Ln E 2000 Merged Refunding Bonds (schedule attached) -P&I Payment from Tax Increment less excess cash held by fiscal agent $28.343 Pg1, Ln F Excess Cap Limitation Pg1, Ln G Professional Services Pg1, Ln H To adjust AS 1290 Pass Thru as follows: AB 1290 Pass Thru balance at FY 2009110 AB 1290 Pass Thru's Paid - LA County FY 2009110 Balance as of 613012010 Pg 1, Ln I AS 1389 Pass Thru FY 08 -09 Pg 1, Ln J AS 1389 Pass Thru FY 09 -10 Pg 1, Ln K AB 1389 Pass Thru Estimate for FY 10 -11 Pg 1, Ln L Loan From Low Mod Housing for SERAF Payment 743,315 23,982, 518 (4,796,504) 19,186,014 x 25% 4,796,504 (4,663,463) 133,041 141,306_ (141,294) E12) 1,315,944 (46,924) 1,269,020 as ro CL V3 0 U w d 0 o Z� Z 0 UJ N zo CJ H.N W •w 0� Z ir- o° wW LL Q CD C Q7 Q � C � CL O L Q) O .0 � E z 0 CD 0 o c o U z z Q 0 C 4 C (u �? 0 O Qti LL .0 (n T� CLC ^ Q) 0 u7 O ti V ,d) � to O C a) C m0100) __ 0 0 c 0- 0 to c� 0 i7 (D tU N I-- Lm C o d) 0 C13 tU CLp U- m Ce) C to M L O m 0 O a rs i d 0 Q 0 8 0 M _) `— N 0 OC O O U� U � C C Su (D ca C °D m E 0 b o �t, 0 -0 tn LL a� L 4 iv i4 C O C 0-0 co a to e 0 :3.1-- U o--'5 .� cv x y�. 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C CIE O Q @ � O a a � O Q T 2 Z Q I O M 0 rn O O N r .Z+ a r N a N CN N 7 p �o W N a m d r n c4 tq 01 W .� G lA r M O i~ (O Lo r Ck f� I 07 [V O 1l1 p 40 LL E b A OD cNcpp LLJ N r Lt.. In 47 w rl - 00 0000 ED N 00 r� q �Nq y C N C fL 0 E 00 � h � r O M 00 co O O C 1 LL � E aC c >N } v o sn o sy m ca a l 0 O P- o ` V Ol - 0 o m N O +Y 00 Q Nr- D N R M N G M O O C0 {� n 9 h r M N� N Q6 co y N D = tea= C M 'D N C) 00 O L N O c Q .02, PN7 LOf} SD p P �mC.i y� CU N m O A m 'uU' R3 R G 0� 0 O 11 '*D' D C 0. O CS a Y 6O. U- a O N c D } •C y Q dl C�3 yl z u EE} O r 2 LL lL LL C C c n y FG2 G2 FF2 % 7 ? H N :rl uul J a d5 4 C cn C •c0 41 C Q !a6 0. Q1 O to c M c Q SC O .Y3 >C Nx .� •C N 00 .. C G O 4 N a oMM O fL m< m a p J D. N Q h•' Q Q N SL Q Q Q J D � yyy CI O C C C C C C C C c C C C C p r r r r r r r/j is ` 0 a s u it a. a. a s a. a a a ¢ .a o L Q act U A w U. LL l9 z —— d p r r^ r �•-� Y r r r= r r O a a CN N 7 p �o W CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Park Community Development Commission Baldwin Park Redevelopment A enc PROJECT AREA Puente Merced TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 Beginning Balance, Available Revenues 0 (See Instructions) Adjustment made after SOI filed but present in audit report fund equities (73,493) (Ending balance for FY 2008 - 2009:$ (73,493.28)). 2. Tax Increment Received - Gross: 400,836 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies. 3. All other Available Revenues Received (See Instructions) 4. Revenues from any other source, included 405,380 In Column E of the Reconciliation Statement, but not included in (1 -3) above 5. Sum of Lines 1 through 4 732,723 6. Total amounts paid against indebtedness 673,826 in previous year. (D + E on Reconciliation Statement) 7. Available Revenues, End of Year (5 - 6) 581897 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTE=DNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxini agencies pursuant to Health and Safety Code Section 33676, Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SO[ included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neither Tax Increment, nor : "Available Revi as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Puente Merced Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A Adjustment for Los Angeles County Deferral Pg 1, Ln C To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOI $ 17,851,858 Less: Housing Set Aside debt (3__370,372) Housing Set Aside requirement Housing Set Aside at 6130110 Less: Prior year Housing Set Aside less amount paid (3,569,713- 80,167) 14,281,486 X 25% 3,570,372 ��3,489,5461 $ 80,826 Pg i, Ln D Current Year Principal and Interest added to the City loan. Pg 1, Ln E To adjust amount due for tax sharing agreement with County Fire District: Total outstanding debt per SOI $ Less: Tax Sharing Debt Tax Sharing Requirement (14.50 %) Rounding Adjustment Tax sharing obligation at 6/30110 Less: Prior year tax sharing debt less amount paid (2,588,042 - 57,888) Pg 1, Ln F Actual administrative fees paid less than estimate. Pg 1, Ln F Estimated administrative fees for FY 10.11 Pg 1, Ln Q 2003 Sates Tax & Tax Allocation Bonds (schedule attached)- P& I payment Payment made from cash held with the Fiscal Agent Payment made from Tax increment Payment made from Sales Tax Pg 1, Ln H Trustee Administrative fees/other professional services Pg 1, Ln I AB 1389 Pass Thru FY 08 -09 Pg 1, Ln 1 AB 1389 Pass Thru FY 00 -10 Pg 1, Ln I AB 1389 Pass Thru FY 10 -11 Estimate Pg 1, Ln J Loan From Low Mod Housing for SERAF Payment 17,$51,858 (2,688.6191 15,283,339 0.1696 2,588,519 (2,530,174) 58,345 524,127.00 (91.00) (118,656.00) - - (805,380.00). m a ti a LU a 0d� Z W 0 U� W� z 1 a° LLI FF- id T W F ?o n zE W w a to Mi r a� r E CL O Q~ � N Q 0 b z z O� T rt S a z C 7 V Q R O � a � c a � m S m m is u 133co m Q L to a n � c W _ U to CL ° f3 7 .y N y to o (TS � m N wmU a � m Q � R o � is 0 o x O N r A co a N Q U } ii P Cil G 7 r.. N ca 0 5 m H c v c O C N C c d 9 L. 0. C Ell CL cu C a 1 .2 U C A U 0 c O A U U N U � v co I u _ c in 131 X m R D � � � a o � tA6 �3 v (1 M Q a 7 N C 9f a rof CO z �A a � n C14 to 04 am � N N N a °? m En LO L rC y7 L LO 8 D O :3 r N n E WC C C.. N LL. G1 U- Ea _ N o t3 Q aG U 1� li V E a a N � a w � � 7 al 0 N it R O � a � c a � m S m m is u 133co m Q L to a n � c W _ U to CL ° f3 7 .y N y to o (TS � m N wmU a � m Q � R o � is 0 o x O N r A co a N Q U } ii P Cil G 7 r.. N ca 0 5 m H c v c O C N C c d 9 L. 0. C Ell CL cu C a 1 .2 U C A U 0 c O A U U N U � v co I u _ c in 131 X m R D � � � a o � tA6 �3 v (1 M Q a 7 N C 9f a n � O r r Ll. r Q 4 LU z d Lu m w z aQ� W a� vC) u_ o m� mN uU m OS iUJ F m 0 w u• ❑ ❑ LL 0 LL F^' z LLl 2 uj Q ri C Qi Q Y m Q a a a a m f° c 0 0 Q Q Q a o wa O O w M z z 0 r 0 N 0 0 m to 0 c Q} Y LL{ CD CD G n LL. V -c -4F N Q..-J awgy Y N v V/ O ll NQQ�, Q 0 U i N (D O (U y Q? 00 m ll j 00 [ Q3 La 4y O o0 G �- CM Cli C CL C C Q ❑ N fNA tNU m Ul) co •tt 13 C q co N LO u O � � G � a ol n 02 o co V: LL B z z C m � v E -o � o < Y C ~ E 0 ay is ,c Ll O iu cr'S to � N d• N d N o � ¢ U Q IM-0 d ° 0) rnco oz(S E U E 0 o a L v, ° au�+ '. c�° 'ar ll U ° c a a ° m a c a[i � -0�C� � c G 2 o :: �d to Cl vain ° 0 ❑m )I'Lga LL ° �@ L. O (U M "1 @ Q LL N� .N o v 12.1 N �-. '� L G r . o p >-. L (�pp .0 cn �. 0 LL ° ° U ° - 49 Li EL N¢¢FKI0 L. °�{ �. QmU ❑CLl�Y �Y � V -c -4F N Q..-J awgy Y N v V/ O ll NQQ�, Q 0 U a c m E 0 a 1 IY 0 E m z o a` •e Et `° ¢ z 0 a M IA m 0 N .:` 2 ro G O v n m 0 d A f Q C .0 ea LEI r cr In 3 1 1 1 1 Oi Q] a a� w `9 H ❑.I c '� 1 -%0 m+ m d .r N N gb a m .� EL' 3 n N Y G � � a •pct � Y�,! q Vf co 00 v 'a � a) E G Cam+[ 1��ti lNA t-- t� 1� p F s Li X � ~ � m li u ro 1 m a0 t a ml m o 7 c ti fi rn po ao ti N M m � r} l a t7y IA 0, pmt .G to tM� 0C C G G a o N 0. Oi 10 CQ h Vi 1 M 00 Q�J r0 CO lam G C N 13 v 0 E ° a i w li m n amc p v d 4 co O O m '�O Lam' p 0 0 M ''� CO m {{vqq C C 7 ppyy Gi yy EF 0 .'� 0 CL ° Q i+ =mod a to 0 01 to r¢ m U U A C? o 2 c 2 a G .,J c .-I c -� c .J w 3 O v Uaaa.aa.an.� r r r r r r C4c°dr'aofl N S0 C 9 2 CL R S 5¢ 5 5 5 ¢ ° a , •= 1: 11 z 0 a li a. a 0. a a M 0 0 � A F o UI Z A f Q C .0 ea LEI CALCULATION OF AVAILABLE RE=VENUES AGENCY NAME Baidwin Park Community Development Commission Baldwin Park Redevelopment A enc PROJECT AREA West Ramona TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 0 (See Instructions) Adjustment made after SO riled but present in audit report fund equities (88,234) (Ending balance:$ (88,233.79)). 2. Tax Increment Received - Gross; 356,385 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies, 3. All otherAvallable Revenues Received 1,047 (See Instructions) 4. Revenues from any other source, included 0 In Column E of the Reconciliation Statement, but not included in (1 -3) above 5. Sum of Lines 1 through 4 269,198 6. Total amounts paid against indebtedness 417,620 in previous year. (D + E on Reconciliation Statement) 7. Available Revenues, End of Year (5 - 6) 0 FORWARD THIS AMOUNTTO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a projectwith a bond issue. The previous SOI included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neither Tax Increment, nor : "Available Revenues" as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) West Ramona Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A To adjust current Housing Set Aside debt, as follows: Payment from Tax Increment (60,518) Payment from cash held by fiscal agent Pg 1, Ln F Professional Services Pg 1, Ln G Excess of CAP Limitation Pg 1, Ln H Loan From Low Mod Housing for SERAI= Payment Total outstanding debt per SOI $ 525,962 Less: Housing Set Aside debt (105,192) 420,770 Housing Set Aside requirement x 25% Housing Set Aside at 6130110 105,192 Less: Prior year Housing Set Aside less (43,805) amount paid (43,805 -0) $ 61,387 Pg 1, Ln B Principal and Interest on City Loan adjustment Pg 1, Ln C Estimated administrative fees for FY 10 -11 Pg 1, Ln C Actual administrative fees paid less than estimate. Pg 1, Ln D To adjust indebtedness for tax sharing agreement with County Fire District: Total outstanding debt per SOI $ 525,962 Lass: Tax Sharing Debt (76,896) 449,066 Tax Sharing Requirement (14.62 %) 0.1712 Rounding adjustment i Tax sharing obligation at 6130/10 76,896 Less: Prior year tax sharing debt less (31,978) amount paid (31,978 -0) $ 44,918 Pg1, Ln E 2000 Merged Refunding Bonds (schedule attached) -P &I 60,526 Payment from Tax Increment (60,518) Payment from cash held by fiscal agent Pg 1, Ln F Professional Services Pg 1, Ln G Excess of CAP Limitation Pg 1, Ln H Loan From Low Mod Housing for SERAI= Payment m CL k 0 Q Q LU k � O\ CO) k/ . � �0 2(1.4 0 LLI WX m� � ■ D LL O� W � � � N � 7 ƒ 2I /k 2� � /k t �ƒ � % % \ z § E z § E k 2 } , I ) a G k o � © k , k o © k LQ . k � § � 2 k 2 LL 2 § 2 L R � k ■ � ® \■ § V § CL 2 ■ « ƒ � cr ®� � ■ � 7 k 2 k 2 § 2 \_ # I / } / § k G { k � ƒ § &� e [ } � $ £ kk Aq ;f A' � 2 $ 6 k k 2 \ / § ■ U § f 0 S k ƒ, R� ( j § / / d / ) k 0 � 2 & k ƒ % r 5 k \ E k k q } k � » r- 73 ) ) § § k ) 2 r (0 O r r r d Z � X} �F r U r CO � tT. fU ui N wW Z � �a oQ Z LIJ LL =! 0 tL Ev LUU 4 G 61 T dY Q O N D F= V- .2 E D U dl E a 0 a O 7 C) FL N G C co co a 7) .y 46 E 15 nci � rn c c 4U � d d � CL LU ¢ Q N Q) ,w C o 0 0 E z z C r C a J c �::Z222 v W 10 ;s CPI ps 10 1! 2 c o oco EE yoa(�¢Q (tp M T+ d 1� aC Q r 0 N r tl�� f*] 1 F 1 (0 co Q 00 cc 4 (A Q 0 w d >" ui as LO rn rn Ln N r cr� c(i M W M C ~ r- CJ N N 9 U N a N ('0 (fl 2 MU5 i- iU C CX c 1 c � •c m d Im O O ONO M v ��ry N m w ' ' M N � 1 to tp u7 Q W F, F, O CV Iq M a0 V l6 C r w r m In N Od m (My (D 8 m h 0 t� fV N N CO f*) ccq Oq od (0 r SS1 (O N sfT w r N Vim' N O O r r r+ fl N f 1 ] 1 1 1 I C4 a �7 N O � � Y � zgzzz zzzz�� m m a cc v m 0 v � v CC v LO c EL 004)0000w E 11 (D0 Am C t]© AA AA c7 LO (�i o co °(a ¢4ad_¢¢_Qa c°�, oo O1N� C) v t �� �zzZCM N , r- CL Q ¢¢C, �Oc00044dQd d rZ C�OOO�zzzz r r r r a. 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(L d tZ t2. 0.� d d a a 0. � ❑ C� Z" CALCULATION OF AVAILABLE REVENUES AGENCY NAME Baldwin Paris Community Development Commission (Baldwin Parts Redevelopment Agency) PROJECT AREA Central Business District TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1, Beginning Balance, Avallabte Revenues 0 (See Instructions) Adjustments made after SOI filing but present in audit report fund equities (28,742) (FY 2008 -09 ending balance: $ <28,741.97>) 2. Tax Increment Received - Gross: 1,446,552 All Tax Increment Revenues, to Include any Tax Increment passed through to other local taxing agencles 3. All other Available Revenues Received 0 (See Instructions) 4. Revenues from any other source, included 289,310 in Column E of the Reconciliation Statement, but not included in (1 -3) above 6. Sum of Lines 1 through 4 1,707,120 6. Total amounts paid against indebtedness 1,798,746 in previous year. (D + E on Reconciliation Statement) 7. Avallabte Revenues, End of Year (5 - 6) 0 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues; The only amounts) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside, in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year and. Item 4. above; This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SOI included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neither Tax Increment, nor : "Available Revenues" as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". 0 Baldwin park Community Development Commission (Baldwin Park Redevelopment Agency) Central Business District ,tune 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A CBD Refunding Bond (See schedule attached) -P &I 579,294.00 Payment from Tax Increment (547,247,00) less excess cash held by fiscal agent (32,047.00) Pg 1, Ln B To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOi $ 100,893,516.00 Less: Housing Set Aside debt 20,178,703.20) 80,714,812.80 Housing Set Aside requirement x 25% Housing Set Aside at 6130110. 20,178,703.20 Rounding adjustment (0.20) Less: Prior year Housing Set Aside less (2D,071,705.00) amount paid ( $289,310 Was paid Sierra vista Project) $ 106,998.00 Pg 1, Ln C Current year loan and interest adjustment. Pg 1, Ln D Actual administrative fees paid less than estimate. Pg 1, Ln D Estimate administrative fees for FY 2010 -11 (County) Pg 1, Ln B To adjust indebtedness for tax sharing agreement with County Fire District: Total outstanding debt per SO[ $ 100,893,516.00 Less: Tax Sharing Debt (15,840,282,01) 85,053,233.99 Tax Sharing Requirement (15.7 %) 0,19 Rounding adjustment Tax sharing obligation at 6130110 15,840,282.01 Rounding adjustment (0.01) Less: Prior year tax sharing debt less (15,757,135.00) amount paid (15,983,396- 226,261) $ 83,147.00 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Central Business District June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln F To adjust indebtedness for tax sharing agreement with County Flood District: Total outstanding debt per S01 $ 100,893,516.00 Less: Tax Sharing Debt (1,513,402.74) 99,380,113.26 Tax Sharing Requirement (1.5 %) Rounding adjustment Tax sharing obligation at 6130/10 0.02 1,513,402.74 Rounding adjustment 0.25 Less: Prior year tax sharing debt less (1,507,690,99 amount paid (1,527,076 - 19,385.01) $ 5,712.00 Pg 1, Ln G To adjust indebtedness for tax sharing agreement with County Library: Total outstanding debt per 501 $ 100,593,516,00 Less: Tax Sharing Debt (2,623,231.42) 98,270,284.58 Tax Sharing Requirement (2.60 %) 0.03 Rounding adjustment Tax sharing obligation at 6130109 2,623,231,42 Rounding adjustment (0.06) Less: Prior year tax sharing debt less (2,613,331.36) amount paid (2,646,932- 33,601) $ 9,900.00 Pg 1, Ln H To adjust indebtedness for tax, sharing agreement with County: Total outstanding debt per SQI $ 100,893,516.00 Less. Tax Sharing Debt (45,906,549.78) 54,986,966.22 Tax Sharing Requirement (45.50 %) 0.83 Rounding adjustment Tax sharing obligation at 6/30/09 45,906,549.78 Rounding adjustment 0.22 Less: Prior year tax sharing debt less (45,733,297.00) amount paid ( 46,321,308- 588,011.18) Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Central Business District June 30, 2010 Explanation to Adjustments on Reconciliation Statement $ 173,253.00 Pg 1, Ln I LA County Deferral of tax increment Pg 1, Ln J Professional£rrustee Administrative fees Pg 1, Ln K AB 1389 Pass Thru FY 08 -09 Pg 1, Ln K AB 1389 Pass Thru FY 09 -10 Pg 1, Ln K AB 1389 Pass Thru FY 10 -11 Estimate Pg1,Ln L Lean From Low Mod Housing for SERAF Payment v in LU a J O� �a r O W � Zd Ws m Lll W F in Cw Z u.. 0 L4 0a LU U. 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N X O O CL d Q p Cq N C CD 00 00 'D Lo O p� d v En d Q LL C m CD a7 C ME M 0) C� N 00 W (6 (O Q i � CC] m Q- s C11 N 4 Q q�� N Ln N c y C_ 1= .0 G 0. Cc �7 N ID c N m n DC O U 0. C3 :,J S LL a Tt' Q O p O '� C m p 0 m 7 o r 3 3 3 C N N t -Qp VE ro y o Vl N E E E E G m L Q g> o � v m g N m m +g m N m a Q Q 0 � #�^ Fes- � [�- o cx�� -O c C. e C a s CL F cni �di " C i M, ,A Imo„ .0 pp •[�j O7 d� O LL !D r C C p GS Q N F- IN F� i° j [L c' N Q J ` m a�,�- }amc� 5-5555 X555 � G 5 a - 5 5 0 0 (`3 i.7 C7 [7 CL C7 C3 w C'3 O 3 N }l V ti a.. a d ¢. a 0. a d a a �.. Q¢(" < a Q) ¢ (n U U o w LL G C7 C C O Q J .J co a a a, n. I a Ua Q n. a s n.. fll ltl O G 0 m CALCULATION 01= AVAILABLE REVENUES AGENCY NAME BaldMn Park Community Development Commission (Baldwin Park Redevelopment Agency) PROJECT AREA Delta TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2409 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 150123 (See Instructions) Adjustment made after Sol filed but present in audit report fund equities (Ending balance for FY OB -09 $150,123$72,025.16 audited Balance) (78,098) 2. Tax Increment Received - Gross! 380,681 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies. 3. All other Available Revenues Received 1,622 (See Instructions) 4. Revenues from any other source, included - in Column E of the Reconciliation Statement, but not included in (1.3) above 5. Sum of Lines 1 through 4 454,328 6. Total amounts paid against Indebtedness 294,904 in previous year. (D } E on Reconciliation Slaternent) 7. Available Revenues, End of Year (5 - 6) 159,424 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE; 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agenc pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SOI included a disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the `other" column (Col E), but with funds that were neitherTax Increment, nor : "Avallable Revenues" as defined. The amounts used to satisfy this DDA would be Included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopmant Agei Delta June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A Current year loan and interest adjusted to City Loan (See Attached) Pg 1, Ln B To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SOI $ 14,839,204.00 Less: Housing Set Aside debt (2,967,841.00)_ 11,871,363.00 Housing Set Aside requirement x 25% Housing Set Aside at 6130110 2,967,841.00 Rounding adjustment Less: Prior year Housing Set Aside les- (2,731,957.00) amount paid (2808093- 76136) $ 2351884.00 Pg 1, Ln G Actual administrative fees paid less than estimate Pg 1, Ln C Estimate administrative fees for FY 2010 -11 (County) Pg 1, Ln D To adjust indebtedness for tax sharing agreement with County Fire District: Total outstanding debt per SOI $ 14,839,204.00 Less: Tax Sharing Debt (2,151,665.00) 12,687,519.00 Tax Sharing Requirement (14.5 %) 0.1698 Rounding adjustment Tax sharing obligation at 6!30!10 2,151,803,00 Less: Prior year tax sharing debt less {1,980,903.65} amount paid (2,035,868- 54,964) $ 170,781.00 Pg 1, Ln E To adjust indebtedness for tax sharing agreement with County - General for possessory interest (from County owned property): Total outstanding debt per SOI $ 14,839,204.00 Less: Tax Sharing Dent 16,232,466.00_ 8,606,738.00 Tax Sharing Requirement (42.00 %) 0.72 Rounding adjustment Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agei Delta June 30, 2010 Explanation to Adjustments on Reconciliation Statement Tax sharing obligation at 6130/10 6,232,465.00 Rounding adjustment Less: Prior year tax sharing debt less (5,867,597.00) amount paid (5,896,996- 29,399 ) $ 364,868.00 Note: FY 2006107 is the first year that the City of Baldwin Park received a breakdown of the Possessory Interest pass thru to taxing entities. For simplicity and for this year report only, the outstanding debt beginning balance of $69,100 Is assumed to be owed to General. Pg 1, Ln F To adjust indebtedness for tax sharing agreement with County Library for possessory interest (from County owned property): Total outstanding debt per 8O1 $ 14,839,204.00 Less: Tax Sharing Debt (356,141.00) 14,483, 063.00 Tax Sharing Requirement (2.40°/x) 0.02 Rounding adjustment 0.00 Tax sharing obligation at 6130110 356,141.00 Rounding adjustment Less: Prior year tax sharing debt less (335,291.00) amount paid (33,6971 - 1,680) $ 20,850.00 Pg 1, In G To adjust indebtedness for tax sharing agreement with County Flood District for possessory interest (from County owned property): Total outstanding debt per SOI $ 14,839,204.00 Less: Tax Sharing Debt (222,588.06) 14,616,615.94 Tax Sharing Requirement (1.5 %) 0.02 Rounding adjustment Tax sharing obligation at 6/30/10 222,588.06 Hounding adjustment (0.09) Less: Prior year tax sharing debt less (209,557.00) amount paid (210,607- 1,050) $ 13,031.00 Pg 1, Ln H Professional Services Pg 1, Ln 1 2000 Merged Refunding Bonds (schedule attach 115,997.00 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Aget Delta June 30, 2010 Explanation to Adjustments on Reconciliation Statement Payment from Tax Increment (116,888.00 Payment from cash held by fiscal agent (9.00 0.00 Pg 1, Ln J AB 1389 Pass Thru FY 10 -11 Estimate Pg 3, Ln J County AB 1389 Pass Thru FY 09 -10 Pg 1, Ln J AB 1389 Pass Thru FY 08 -09 Pg 1, Ln K Loan From Low Mod Housing for SFRAF Payment m M m CL m 0 u LU Q J Oat z LE7 } Wa z N 0 T m lu W F Q ZQ LL U. 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(Baldwin park Redcy { aldwi eyelopmentAgen ) ._T PROJECT AREA Sierra Vista TAX YEAR 2010 -2011 RECONCILIATION DATES: JULY 1, 2009 TO JUNE 30, 2010 1. Beginning Balance, Available Revenues 572,766 (See Instructions) Correction to prior year after 801 riled but included in audited statements (272,187) (Ending balance from FY 2008 -09 $572,766 - 300,578.81 audited balance) 2., Tax Increment Received - Gross: 3,332,634 All Tax Increment Revenues, to include any Tax Increment passed through to other local taxing agencies. 3, All other Available Revenues Received 7,A83 (See Instructions) 4. Revenues from any other source, included 0 In Column E of the Reconciliation Statement, but not included in (1 -3) above S. Sum of Lines 1 through 4 3,$40,696 6. Total amounts paid against indebtedness 3,958,928 in previous year. (D + E on Reconciliation Statement) 7. Available Revenues, End of Year (5 - 6) 0 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set -aside in the Low and Moderate income Housing Fund will be washed in the above calculation, and therefore not omitted Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous $01 Included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the `other" column (Cal E), but with funds that were neither Tax Increment, nor : Available Revenues" as defined. The amounts used to satisfy this DDA would be included on Line 4 above to accurately determine ending "Available Revenues ". Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Sierra Vista Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln A To adjust outstanding County deferral. Pg 1, Ln B Principal and interest adjustment on City Loan Pg 1, Ln C Actual costs were more than estimate on prior year SC I. Pg 1, Ln C Estimate administrative fees for FY 10-11 Pg 1, Ln D To adjust current Housing Set Aside debt, as follows: Total outstanding debt per SQi Less: Housing Set Aside debt Housing Set Aside requirement Housing Set Aside at 6130110 $ 98,866,633.00 _(19,773,328,60) 79,093,306.40 x 25% 19,773,326.60 Rounding adjustment 0.40 Less: Prior year Housing Set Aside less (19,169,334.00) amount paid (19,835,861.666,527) $ 603,993.00 Pg 1, Ln D 20% Housing Set - Aside -pa €d for CBD Project per Section 33334.3 (1) set -aside can be met in the aggregate since CBD doesn't have enough funds to pay. Pg 1, Ln E To adjust indebtedness for tax sharing agreement with County Fire District: Total outstanding debt per Sol $ 98,866,633.00 Less: Tax Sharing Debt (14,829,994.85 84,036,638.05 Tax Sharing Requirement (15.00 %) 0.1765 Rounding adjustment (2,471.67) Tax sharing obligation at 6130110 14,829,994.95 Rounding adjustment 0,06 Less: Prior year tax sharing debt less (14,379,267.00) amount paid (14,876,896- 497,629.01) $ 450,728.00 Page 1 of 3 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Sierra Vista Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln F To adjust indebtedness for tax sharing agreement with County Flood District; Total outstanding debt per SOI $ 98,866,633.00 Less: Tax Sharing Debt (1,186,399.60) 97,680,233.40 Tax Sharing Requirement (1.2'/'o Rounding adjustment Tax sharing obligation at 6130110 Rounding adjustment Less: Prior year tax sharing debt less amountpaid (1,190,152- 39,810,36) 0.01 (1.00) 1,166,399.60 0,40 (1,150,342.00) $ 36,05740 Pg i, Ln G To adjust Indebtedness for tax sharing agreement with County General: Total outstanding debt per SO) $ 96,866,633.00 Less: Tax Sharing Debt (33,733,295.18) 65,133,337.82 Tax Sharing Requirement (34.12 %) 0.52 Rounding adjustment Tax sharing obligation at 6130110 33,733,295.18 Rounding adjustment (0.18) Less: Prior year tax sharing debt less (32,708,304.00) amount paid (33.839,979-1,131,674.80.) $ 1,024,991.00 Page 2 of 3 Baldwin Park Community Development Commission (Baldwin Park Redevelopment Agency) Sierra Vista Project Area June 30, 2010 Explanation to Adjustments on Reconciliation Statement Pg 1, Ln H To adjust indebtedness for tax sharing agreement with Library: Total outstanding debt per SCI $ 98,866,633.00 Less: Tax Sharing Debt (1,957,559.33) 96,909,073.67 Tax Sharing Requirement (1.98 %) Rounding adjustment Tax sharing obligation at 6130110 Rounding adjustment Less: Prior year tax sharing debt less amount paid (1,963,750- 65,288.92) 0.020 (1.00) 1,957,55933 (0.33) (1,898,461.00) $ 59,097.00 Pg 1, Ln 1 2000 Merge Refunding Bonds (See schedule attached) -P &I Payment made from cash held with the f=iscal Agent Payment made from Tax Increment Pg 1, Ln J Professional Services Pg 1, Ln K Annual Inflationary Growth, Section # 33401 Pg 1, Ln L Annual Inflationary Growth, Section # 33676 Pg 1, Ln M AB 1389 Pass Thru FY 08 -09 Pg 1, Ln M AB 1389 Pass Thru FY 09 -10 Pg 1, Ln M AB 1389 Pass Thru FY 10 -11 Pg 1, Ln N Agency Assistance per OPA Pg 1, Ln 4 SBRAF Payment Page 3of3 359,898.00 (29.00) AGENDA BALDWI N PARK HOUSING AUTHORITY REGULAR MEETING October 20, 2010 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 ip 11 BALDWI N P- A- R- K Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTELA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this agenda otra de sus Agencias nombradas en esta agenda, para on any matter posted on the agenda or on any other hablar sobre cualquier asunto publicado en la agenda o matter within its jurisdiction. If you wish to address cualquier tema que est6 bajo su jurisdicci6n. Si usted the City Council or any of its Agencies, you may do desea la oportunidad de dirigirse al Concilio o alguna de so during the PUBLIC COMMUNICATIONS period sus Agencias, podra hacerlo durante el periodo 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 por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority ttributed to the Ho using Authority less than 72 hours prior to that meeting will be available for public inspection ll in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - , 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL 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) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the regular meeting of August 18, 2010. 2. BALDWIN PARK HOUSING AUTHORITY Staff recommends Authority receive and file. 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. October 14, 2010. Laura M. Nieto, CMC Deputy City Clerk L� I CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES MOUSING AUTHORITY AGENDA OCT 2 0 WEDNESDAY, A�,UUG� ST 18 7,00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Cleric The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco. Absent: Chair Lozano. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Vice Chair Pacheco, seconded by Member Marlen Garcia. 1. MINUTES Authority approved the regular meeting minutes of July 21, 2010, REPORTS OF OFFICERS 2. SEPTEMBER 15, 2010 CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, FINANCE AND HOUSING AUTHORITY MEETINGS (See related items on City Council, CDC, & Finance agendas) Motion: Cancel the second meeting of September and direct the City Clerk to post the appropriate notices of cancellation. A review of pending items will be Page 1 of 2 done at the September 1, 2010 meeting Moved by Member Marten Garcia, seconded by Member Rubio, ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:18 p.m. Approved as presented by the Authority at their meeting held October 20, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 1 1Rir4 BALDWIN P °A,R,K CITY OF BALDWIN PARK HOUSING AUTHORITY AGENDA OCT, 2 0 STAPFA�- TO: Honorable Mayor and City Council Members FROM: Marc Castagnola, AICP, Community Development Mana DATE: October 20, 2010 SUBJECT: Baldwin Park Housing Authority PURPOSE To provide the City Council with a status report regarding the operations of the Baldwin Park Housing Authority (BPHA). BACKGROUND/DISCUSSION The Baldwin Park Housing Authority (BPHA), receives its funding for the Section 8 Housing Choice Voucher (HCV) program and Public Housing (McNeil Manor) from the Department of Housing and Urban Development (HUD). The BPHA is created to develop and operate housing and housing programs for low - income families. The BPHA enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. BPHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. The BPHA's mission statement is to provide safe, decent and sanitary housing conditions for very low- income families and to manage resources efficiently. BPHA promotes personal, economic and social upward mobility to provide families the opportunity to make the transition from subsidized to non - subsidized housing. The Baldwin Park Housing Authority administers the HCV program for the jurisdiction of the cities of Baldwin Park, West Covina, El Monte, South El Monte, and Monrovia. Administration of the program includes the following: Maintain waiting list and select applicants for admission -- In 2003, over 3500 households submitted an application for the waiting list. There are currently approximately 800 applicants remaining. As with most Public Housing waiting list, it can take several years to receive assistance. It most cases it is a 5 -10 year waiting period. The BPHA has opted to assist all applicants on the current waiting list prior to receiving additional applications. Therefore, the waiting list is currently closed. Housing Assistance Contracts - When a family is determined to be eligible for the program and funding is available, the BPHA issues the family a housing voucher. Eligibility consists of income verification and background checks on each adult BPHA October 20, 2010 Page 2 household member. When the family finds a suitable housing unit and funding is available, the BPHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent. • Annual Re- examinations — BPHA must recertify each participant on an annual basis to ensure program compliance and review household income to determine the amount of Housing Assistance Payment (HAP) that BPHA will pay on behalf of the tenant. ■ Housing Quality Standard (HQS) Inspection - HQS inspections are conducted by BPHA inspector at the time the tenant initial moves into the unit and each year thereafter. The property must pass HQS inspections meeting all HUD standards and state and local building codes. ■ Termination of Program Violators — Once it has been determined that a program violation has occurred, termination of program assistance is proposed for the participant. The participant is then allowed to appeal and have their case heard before a hearing officer (not associated with the BPHA). Most common violations include underreporting or failure to report income, added a household member without approval of the BPHA and failing to allow the annual re- examination or inspection to be completed. McNeil Manor Public Housing — The BPHA owns and administers a 12 -unit senior public housing complex. Rent received from the tenants and the approximately $15,000 received from HUD annually is utilized to operate and maintain these units. The rent of each household is 30% of the household adjusted monthly income. The BPHA continues to successfully provide programs that improve the quality of life for its participants. Below are the highlights of 2010: 1) Implementation of new housing software — The BPHA acquired new computer software (HAPPY Software) to enhance performance, reporting and data tracking. The conversion from the old system (Emphasys Elite) to the new system presented the usual challenges inherent to any technological upgrade, but allowed the BPHA to continue the long -term improvement of the Agency's efficiencies and better system communication with HUD systems. 2) HUD Recognition of the Rehabilitation of McNeil Manor Senior Complex — The BPHA was highlighted in the March 2010 issue of the HUD Los Angeles Office of Public Housing newsletter for the rehabilitation of McNeil Manor successfully utilizing American Recovery and Reinvestment Act (ARRA) and Community Development Block Grant (CDBG) funds. The BPHA also successfully passed the HUD audits for this project and have exceeded the expectations as set forth by HUD for the ARRA funds. (Please see attached — page 6 of newsletter) BPHA October 20, 2010 Page 3 3) Family Self- Sufficiency Program (FSS) - Intake appointments have been completed for 19 participants that applied in November 2009, Since sufficient applications were not received to fill the available 25 slots, a supplemental recruitment was conducted in June 2010 and the orientation for those participants was held in August. To date, a total of 22 applications have been received. Personal counseling sessions have been held to assist staff with the development of the Individual Training & Services Plan (ITSP) for each participant. The next step will be to meet with each participant to finalize the ITSP, which will be followed by contract execution. 4) Section 8 Management Assessment Program (SEMAP) Report — The SEMAP, submitted to HUD at the end of each fiscal year, identifies a Public Housing Agency's capabilities and deficiencies related to the administration of the program. BPHA's SEMAP rating of 81% (Standard) for FYE 06/30/2010 reflects the continued and steady improvement of its performance. This years rating was slightly affected by the conversion of the new software. It is anticipated and the goal of the agency Performance Rating. FISCAL IMPACT that next year's rating reaches a High There is no fiscal impact to the general funds. The BPHA is solely supported by Federal Funds RECOMMENDATION Staff recommends the City Council receive and file this report. Attachment Attachment --- Page 6 of the March 2010 issue of the HUD Los Angeles Office of Public Housing newsletter From Left: Outside view of one of 12 new senior housing units completed as part of the McNeill Manor Improvement Project, an example of a new water heater, and vinyl flooring that was used In all units. Baldwin Park The Baldwin Park Housing Authority Completes received $19,174 in ARRA Grant funds. This grant in conjunction with other Senior Capital fund monies was used to Housing complete the McNeill Manor Complex with Improvement Project which is a 12 -unit Recovery Senior Housing complex in the City of Baldwin Park. The McNeill Manor 1'Uiid Improvement Project was completed on .January 20, 2014. The Senior housing complex improvements included a complete re- roofing, (roofing material made of 60% recyclable materials), privacy walls were replaced with new wood posts, rails, and fiber cement plank siding. The outdated sliding glass doors were replaced with new energy efficient French doors. The complex also received installation of new water efficient (1.5 gallon per flush) toilets, single pane windows were also replaced with dual pane high performance energy efficient rated vinyl windows. The complex replaced 8 old water heaters with new 40 gallon gas energy efficient water heaters with heavy duty earthquake straps. The complex also received new carpet and padding (made with 76% recycled material), and complete interior painting and vinyl flooring throughout all 12 units including the laundry room was installed. Finally, new security screen doors with easy handle accessibility, and ADA accessible concrete walkway were installed to complete the renovation, As always, we support the hard work and diligence that everyone at Baldwin Park Housing Authority has contributed to creating this fantastic project and applaud the speed with which their Recovery Act funds were put to use! s