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Home My WebLink About2009 11 18NOTICE 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, NOVEMBER 18, 2009 at 6:00 PM at City Hall Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: November 16, 2009 AFFIDAVIT OF POSTING Manuel Lozano Mayor City Council & Community Development Commission Special Meeting - November 18, 2009 Page 1 AMENDED AGENDA BALDWIN PARK CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING November 18, 2009 6:00 PM CITY HALL - COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BAU" P* A* Re K Manuel Lozano Monica Garcia Anthony J. Bejarano Marlen Garcia Ricardo Pacheco - Mayor / Chair - Mayor Pro Tern / Vice Chair - Council Member/ Member - Council Member/ Member - Council Member/ Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. City Council & Community Development Commission Special Meeting - November 18, 2009 COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. Page 2 CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:00 PM CALL TO ORDER ROLL CALL: Council members / Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern / vice Chair Monica Garcia and Mayor / Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 & COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name: CARA v. City of Baldwin Park Case Number: BS117914 2. *CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8554 - 001 -806 8554 - 001 -807 8554 - 001 -808 Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Verizon Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Council & Community Development Commission Special Meeting - November 18, 2009 Page 3 AGENDA BALDWI N PARK CITY COUNCIL REGULAR MEETING November 18, 2009 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 RAUD i p *A* Manuel Lozano - Monica Garcia - Anthony J. Bejarano - Marlen Garcia - Ricardo Pacheco - WN R0, K Mayor Mayor Pro Tern Councilmember Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS 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 five (5) 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 cinco (5) 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: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS NONE PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR & CITY COUNCIL FOR THE PERIOD OF NOVEMBER 18, 2009 - DECEMBER 1, 2009 Staff recommends City Council approve the preparation and presentation of the plaques and certificates as outlined in the staff report. 3. MINUTES Staff recommends City Council approve the minutes of the special and regular meetings of November 4, 2009. City Council Agenda — November 18, 2009 Page 2 4. MONTHLY FINANCIAL REPORT - OCTOBER 2009 Staff recommends City Council receive and file the monthly financial report for the period ended October 2009. 5. ADOPTION OF RESOLUTION NO. 2009 -046 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE APPLICATIONS FOR SOLID WASTE DISPOSAL PROGRAMS Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2009 -046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION AND SERVE AS SIGNATORY AUTHORITY FOR THE SOLID WASTE DISPOSAL AND CODISPOSAL SITE CLEANUP PROGRAM FUNDS." 6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF MORGAN PARK PROMENADE RENOVATION AND PARKING LOT EXPANSION PHASE 2 TO GREEN GIANT LANDSCAPE, INC. IN THE AMOUNT OF $900,000 Staff recommends City Council 1) award a construction contract to Green Giant Landscape, Inc. in the amount of $900,000; 2) authorize the Mayor to execute the Agreement; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. 7. APPROVAL OF A LICENSE AGREEMENT TRANSFER FROM T- MOBILE TO MOBILITIE FOR THE EXISTING WIRELESS COMMUNICATION FACILITY LOCATED WITHIN HILDA SOLIS PARK; LOCATION: 4100 BALDWIN PARK BOULEVARD; APPLICANT: MELINDA OCANA, REPRESENTING T- MOBILE Staff recommends City Council approve the License Agreement transfer from Omnipoint Communications, Inc. to Mobilitie and authorize the Chief Executive Officer to finalize and execute that transfer. 8. NOTICE DECLARING A VACANCY OF OFFICE NO. 4 OF THE PLANNING COMMISSION (HUGO TZEC) Staff recommends City Council declare a vacancy of Office No. 4 of the Planning Commission, direct staff to advertise the vacancy and bring applications forward to a future meeting for consideration of appointment. 9. PROPOSAL FOR CENSUS 2010 ACTION PLAN AND COMPLETE COUNT COMMITTEE " BALDWIN PARK COUNTS" Staff recommends City Council 1) approve proposal and instruct Director of Recreation & Community Services to execute the plan; 2) authorize the Finance Director to appropriate $17,500 from General Fund Reserves for expenditures of $10,000 for materials and supplies and $7,500 for part -time pay to the Department of Recreation & Community Services budget; and 3) authorize the Director of Recreation & Community Services authority to sign any documents or agreements on behalf of the City of Baldwin Park. City Council Agenda — November 18, 2009 Page 3 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. 10. A REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, SECTION 153.018, ADDING LANGUAGE TO PROHIBIT LAND USES THAT ARE INCONSISTENT WITH BOTH STATE AND FEDERAL LAW; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC- 164 Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and introduce for first reading Ordinance No. 1331 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.018 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LAND USES BEING INCONSISTENT WITH BOTH STATE AND FEDERAL LAW; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK, CASE NO. AZC- 164." REPORTS OF OFFICERS 11. REQUEST FOR APPROVAL OF A MODIFICATION TO THE EXISTING SPECIFIC PLAN AND A MODIFICATION TO THE ORIGINAL CONDITIONS OF APPROVAL FOR THE CONTINUED FACILITATION OF A MULTI - FAMILY RESIDENTIAL DEVELOPMENT; CASE NOS. SPECIFIC PLAN (SP- 08 -01) AND CITY COUNCIL RESOLUTION 2008-034; LOCATION: 3427 -3421 BALDWIN PARK BOULEVARD; APPLICANT: D.C. CORPORATION Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2009 -045 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A MODIFICATION TO SPECIFIC PLAN SP 08 -01 AND CONDITIONS OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 2008 -034; CASE NO'S: SPECIFIC PLAN (SP 08 -01); LOCATION: 3427 - 3421 BALDWIN PARK BLVD.; APPLICANT: D.C. CORPORATION." 12. AUTHORIZATION TO EXTEND THE CONTRACT FOR COLLECTION OF SOLID WASTES WITH WASTE MANAGEMENT Staff recommends City Council authorize the extension of the existing contract for the collection of solid wastes which includes collection, disposal and recycling services under the following terms: 1) Contract extension for a three year period from July 1, 2010 to June 30, 2013. 2) No rate increase for residential customers for the first two years. In the third year beginning on July 1, 2012, Waste Management shall receive an increase based on CPI but shall not exceed 4 %. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CPI increase for Los Angeles Riverside County during the Calendar Year 2011. 3) No rate increase for Commercial and Industrial customers for the first year. In the second and third years beginning July 1, 2011 and July 1, 2012 Waste Management shall receive an increase based on CPI but shall not exceed 5 %. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CPI increase shall City Council Agenda — November 18, 2009 Page 4 be based on the average CPI increase for Los Angeles Riverside County during the Calendar Year 2011. 4) To offset the costs incurred by the city in dealing with the impacts created by waste and recycling collection services Waste Management has agreed to increase the Franchise fees from the current 10% as follows: i. Beginning July 1, 2010 Franchise fees on residential revenue shall be 14% of cash receipts and Franchise fess on commercial and industrial revenues including roll - offs shall be 17% of cash receipts. ii. Beginning July 1, 2011 Franchise fees on residential revenue shall be 18% of cash receipts and Franchise fees on commercial and industrial revenues including roll - offs shall be 18% of cash receipts. 5) Waste Management shall work with staff to secure grants for implementing recycling and waste reduction programs. 6) Waste Management shall work with staff in improving the bulky item pickup program. Currently Waste Management tags bulky items placed on the curb by residents on Friday and picks them up on Monday. As a result items stay on the sidewalk the entire weekend. Under the new program Waste Management will pick up the bulky items on Friday. Waste Management shall also implement a program to pick up bulky items from public properties promptly upon city's request. Staff is working on the contract amendment which will be provided to the Council prior to the meeting. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Monica Garcia on the following: 1) Council discussion and direction to hold a youth forum in Baldwin Park to engage the youth in the community to identify issues and challenges facing them and to engage them in developing solutions to these challenges; and 2) Council discussion and direction to implement a Domestic Violence Advocate program Request by Council member Beiarano for discussion on the following: Discussion and implementation of reducing the time allotted for public comments from five minutes to three minutes Request by Council member Marlen Garcia for discussion on the following: Discussion and direction to recognize Baldwin Park residents who are /were Prisoners of War or Missing in Action at City's annual Veterans Day event City Council Agenda — November 18, 2009 Page 5 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. November 12, 2009. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-mail at InietoQbaldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — November 18, 2009 Page 6 Ilk R14 1 BALDWIN P • A ° R, K TO: FROM: DATE: SUBJECT: 14134 CITY OF BALDWIN PARK CITY COUNCIL AGENDA STAFF R 2009 ITEM N0. _ . Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director November 18, 2009 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 payroll of the City of Baldwin Park consisting of check numbers 191272 — 191341 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 204528 — 204789 for the period of October 18, 2009 through October 31, 2009 inclusive, have been presented and hereby ratified, in the amount of $411,358.02. General Warrants, including check numbers 177518 to 177790 inclusive, in the total amount of $695,013.93 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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O u W co Ol Q EA E a o w u ; El w x 0 0 I oI a x r{ � + o a w Ei U: 1 BALDWIN P•A - R,K CITY OF BALDWIN PARK TO: Honorable Mayor & Members of the City u it FROM: Vijay Singhal, Chief Executive Officer DATE: November 18, 2009 CITY COUNCIL ,AGENDA NOV 18 2009 ?� P O�RT SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of November 18, 2009 -- December 1, 2009 PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS/RECAP The following requests for plaques and certificates were received: Requested By List of Honorees Time /Date /Place of Presentation Date'Needed ` Housing Vineland Garden 7 :00pm /November 18 Plaque Department Apartments, Crime Free City Council Meeting 11 -18 -09 Parks and Multi-Housing Program Morgan Park 11 -11 -09 Public Works BPUSD Students, 2010 7:00pm /December 16t" Certificates Department Used Oil Calendar City Council Meeting 12 -16 -09 Department of Winners 5:30pm /November 13 Certificates The following emergency requests for plaques and certificates were received: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Time /Date /Place of Date Needed Requested B List of Honorees Presentation Department of Golden Stars Skydiving November 11 Certificate Parks and Team, participation at 18th Morgan Park 11 -11 -09 Recreation Annual Veteran's Day Ceremony Department of Swim Team Participants, 5:30pm /November 13 Certificates Parks and End of Season Senior Center 11 -13 -09 Recreation recognitions Police Pride Platoon Graduates 6;30pm /November 13� Certificates Department Council Chambers 11 -13 -09 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY COUNCIL AGENDA NOV 18 2009 MEN MINUTES CITY OF BALDWIN PARK a��,, WEDNESDAY, NO CITY COUNCIL 04, 2009 7:00 p.m. COUNCIL fQ CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council member Bejarano, Council member Marlen Garcia, Council member Pacheco, Mayor Pro Tern Monica Garcia, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Llli Hadsell, Director of Finance Lorena Quijano, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE NEW BUSINESS Motion: Approve Moved by Mayor Lozano, seconded by Council member Marlen Garcia. 1. RESOLUTION NO. 2009 -043 City Council waived further reading, read by title only and adopted Resolution No. 2009 -043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH'S GRANT APPLICATION TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: COMMUNITIES PUTTING PREVENTION TO WORK INITIATIVE." Page I of 2 ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:55 p. M. Approved as presented by the Council at their meeting held November 18, 2009. Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL 1MIM WEDNESDAY, NOVEMBER 04, 2009 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tom Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, 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 Robles PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano congratulated the newly elected officials in the City of Baldwin Park and thanked all of the candidates in the election PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS NONE ROLL CALL Present: Council member Bejarano, Council member Marlen Garcia, Council member Pacheco, Mayor Pro Tem Monica Garcia, Mayor Lozano. Absent None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, Director of Finance Lorena Quijano, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS Jeremiah Saiz, resident congratulated the newly elected and re- elected officials and expressed the hope that, in the interest of the community, the Council would Page 1 of 5 work together Greg Tuttle, business owner congratulated the newly elected officials, commented on campaign statements and contributions Mary Heiss, resident commented about a claim filed with the city and the condition of the sidewalks Tony Bejarano, resident congratulated candidates that ran a clean campaign and stayed focused on the issues Thomas Cary, resident spoke about speed bumps, traffic conditions, the election, street vendors and other matters Roman Bejarano, resident congratulated Mayor Lozano and Council member Marlen Garcia and expressed his pride in Council member Bejarano for his work on the Council Cecelia Lee, business owner congratulated City Clerk Rubio on her successful campaign. She inquired about the police report filed regarding Council member Bejarano and also commented about activities that went on during the election Cecelia Bernal, resident congratulated Mayor Lozano & Council member Marlen Garcia on their re- election and echoed the comments of speaker Bejarano. She stated her concern about a campaign flyer that was received that stated "Christians for Baldwin Park" and inquired as to where she could file a complaint David Hogan, resident congratulated the city for progress it has made Hugo Escobar and wife, residents 1 business owners inquired if a business offering similar services as theirs could be opened in the same complex where their business was located. They also stated that printing services were donated to some of the candidates Teri Muse, resident congratulated the newly elected officials and complimented Council member Bejarano for the work he had done during his time in office. She also reported a successful bulky item pick up project that had taken place in the city Rachel Tyree, LA County Department of Public Health spoke about an upcoming grant opportunity that their agency would be applying for Fidel Vargas, resident congratulated the newly elected officials and urged the Council to continue moving forward Raul Martinez, resident congratulated the Mayor Lozano and Council member Marlen Garcia on their elections; he congratulated Council member Bejarano and newly elected Council member Susan Rubio and commented on her upcoming time in office Margarita Vargas, resident commented about the low voter turnout and hoped Page 2 of 5 that newly elected City Clerk Alejandra Avila would initiate voter outreach Public Communications were closed at 7:35 p.m. Council member Bejarano addressed comments made regarding his actions of visiting a business and the subsequent police report that was filed. He further commented about the purpose of the graffiti hot line being for the residents to call and report it for removal and he addressed the comments of speaker Tuttle. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Council member Bejarano, seconded by Council member Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. CLAIM REJECTION City Council rejected the claim of Oscar Gomez, and directed staff to send the appropriate notices of rejection to claimant. 3. MINUTES City Council approved the minutes of the regular meeting of October 21, 2909. 4. APPROVAL OF EMERGENCY PREPAREDNESS AND RESPONSE AGREEMENT WITH LOS ANGELES COUNTY City Council approved and authorized the Director of Recreation & Community Services to sign the Emergency Preparedness and Response Services Agreement and any other associated documents related to this project. 5. PROPOSITION 1A RECEIVABLE FINANCING PROGRAM City Council adopted the proposed Proposition 1A Sale Resolution and Purchase and Sale Agreement in order to participate in the Proposition 1A Securitization Program; this Resolution requires a simple majority vote. SET MATTERS - PUBLIC HEARINGS NONE REPORTS OF OFFICERS NONE CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Page 3 of 5 Mayor Pro Tom Monica Garcia announced the upcoming Women's Forum, noting the participating agencies and the services that would be offered. She thanked the Chief of Police and her staff for assisting with the coordination of this important event Council member Marlon Garcia congratulated Mayor Lozano on his re- election and expressed pride in being his colleague, supporter and friend; she complimented Council member Bejarano on his policy making and his time on the Council. She commented about the campaign activities of other candidates, specifically hit pieces that included comments on her children. She shared that her children are proud to be raised in Baldwin Park and that a line had been crossed by bringing them up in campaign hit pieces. She thanked her friends and residents of Baldwin Park, along with Council member Bejarano, Mayor Pro Tom Monica Garcia and Mayor Lozano and pledged to continue to represent the City of Baldwin Park and make it a healthier community. Council member Pacheco commented about the election and expressed pride in the candidates that he supported; he was glad to see City Clerk Rubio moving forward in her public service and also commented about the campaign activities of past candidates and elected officials that had been hurtful to he and his family Mayor Lozano congratulated the newly elected officials, stating that it was a new beginning in Baldwin Park; he addressed a campaign flyer that had false allegations and had been distributed by those with outside interests. He stated that Council member Bejarano would always be a good friend of his and complimented him on his time on the Council. He wished Council member Bejarano well on a new chapter in his life Mayor Pro Tom Monica Garcia congratulated everybody who ran a successful campaign; and acknowledged Mayor Lozano, Council member Bejarano and Council member Marlen Garcia. She further commented that there had been change for the good of the City and the Council will move forward. The City Council had adopted a balanced budget, there had been no negative impact to employees or public safety, as there had been in other cities. She stated that they should celebrate and be proud of their accomplishments and the bold positions that had been taken by the Council on matters such as the MRF, that would have negatively impacted the city. She expressed her pride of where the city is and the Council, along with the newly elected officials would work together with the best intentions City Treasurer Contreras congratulated all of the candidates and wished Council member Bejarano a successful future. She shared that she was proud to see how the city had grown and was proud to be part of it. Page 4 of 5 Mayor Lozano acknowledged the former Mayor Jack White, who was the longest serving elected official in the City of Baldwin Park and Baldwin Park Unified School Board Member Blanca Rubio ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:55 p.m. Approved as presented by the Council at their meeting held November 18, 2009. Laura M. Nieto, CIVIC Deputy City Clerk Page 5 of 5 P A, R, K TO: Honorable Mayor and City Council Members FROM: Vijay Singhal, Chief Executive Officer~ Lorena Quijano, Director of Finance DATE: November 18, 2009 SUBJECT: Monthly Financial Report: October 2009 P[ IPPC)SF CITY COUNCIL AGENDA NOV 1 tj 009 ITEM N0. -M� STAFF REPORT The purpose of this report is to provide City Council with a monthly financial report for the period ended October 2009. BACKGROUND The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council from September thru May. DISCUSSION The Monthly Financial Reports provide the City Council and staff with a monthly budgetary status. As has been discussed previously, the economic crisis has caused significant impacts on all aspects of the local economy with lower revenues and an increased need for services. As of October 2009 both revenues and expenditures for the General Fund are being collected and /or incurred within the available budget. Following is a more detailed discussion on revenues and expenditures: Revenues Revenues are collected and recorded at various points throughout the fiscal year. This is because 1) a number of of the revenues received during the first quarter relate to and are recorded in the previous fiscal year and 2) cash basis revenues (revenues that are recorded as they are received) are not uniform from month to month because of timing issues and the fact that they are dependent on when a customer needs to renew a business, pay for a construction permit or when the customer will pay for a citation that has been issued. In addition to the above factors, it is important to remember that (1) most major revenues such as Property Taxes, Vehicle License Fees and Utility Franchise Fees are Monthly Financial Report: October 2009 Page 2 received later in the year; (2) Sales Tax, which is based on a quarterly basis, is not received until 75 days after the end of the quarter; (3) Transient Occupancy Tax and Utility Users Tax are also received after the end of the quarter; and (4) these revenues account for more for than 80% of total General Fund revenues. The chart below displays General Fund revenue receipts for those revenues for which trends are available. The chart also provides a comparison of revenue collections as compared to the available budget as of October 2009. Genera! Fund Revenues 2009/2010 Category Adopted Annual Budget -' , 0. s - Available Adopted Budget Revenue Collected as of October Available Adopted vs. Revenue Collected Building Plan Check Fees 360,000 118,800 167,704 48,904 Business License Tax 550,000 181,500 217,799 36,299 Code Enforcement Cites 30,000 y 9,900 20,794 10,894 Construction Permits 395,000 130,350 185,505 55,155 Design Review Fees 21,000 e 6,930 3,620 3,310 Engineering Fees 54,000 17,820 29,865 12,045 Facility Rental Fees 170,000 r 56,100 77,854 21,754 Franchise Fees Police 500,000 125,000 164,696 39,696 Parking Citations 450,000 rt E 112,500 82,165 30,335 Permit Issuance Fees 70,000 23,100 30,978 7,878 Recreation Fees 77,000 3Y g- 'mac 25,410 30,206 4,796 Subdivision Fees 100,000 33,000 3,060 29,940 Utility Users Tax 2,550,000 637,500 617,500 20,000 Vehicle Code Fines 1,525,000 F 381,250 271,333 109,917 Vehicle Release Fees 220,000 72,600 85,703 13,103 Zoning Fees 45,000 3 n 14,850 13,593 1,257 Total 7,117,000 1,946,610 2,002,376 55,766 As noted in the above revenue trends, overall revenues are being collected as projected based on the available budget as of October 2009; however, it is important to emphasize that since collections vary, averages and/or shortfalls may not necessarily carry over from one period to another. Expenditures Based on available trends, expenditures are also within the available budget as of October 2009. As is the case with revenues, expenditures are not incurred uniformly from month to month because (1) certain expenditures paid in July and August might relate to the previous fiscal year; (2) departments such as Recreation spend earlier in Monthly Financial Report: October 2009 Page 3 the year due to summer programs; (3) and certain expenditure categories such as contractual and capital may include lump -sum payments earlier in the year. The chart below provides an overview of the available General Fund budget by category and by department as compared to actual expenditures as of October 2009; the available balance is reflective of the factors referred to above. General Fund Expenditures by Category 2009/2010 General Fund Expenditures by Department 2009/2010 Department/Category Adopted �w ryW i Available Expenditures as of October Available City Council Annual n Adopted Expenditures Adopted vs. Category Budget e: Budget as of October Expenditures Personnel 17,867,550 ry RW= 6,107,573 5,998,017 109,556 Maintenance 1,280,300 268,863 279,021 10,158 Internal Charges 2,336,400 111511 778,722 778,800 78 Contractual 2,686,900 = 564,249 600,473 36,224 Capital 92,300 �s 19,383 37,716 18,333 Total 24,263,450 `r 7,738,790 7,694,027 44,763 General Fund Expenditures by Department 2009/2010 Department/Category Adopted Annual Bud et "` ~i Available Adopted Budget Expenditures as of October Available Adopted vs. Expenditures City Council 180,100 4 57,089 58,186 1,098 Administration 612,550 155,948 107,831 48,117 Human Resources 309,500 92,554 75,935 16,618 Community Development 1,071,000 358,925 353,978 4,947 Police 16,820,200:.`; 5,464,310 5,359,579 104,731 Finance 620,700 206,221 205,443 778 Non-Departmental 982,900 278,287 275,334 2,953 Public Works 449,400 144,578 118,857 25,721 Recreation 3,217,100 1 = 980,879 1,138,884 158,005 Total 24,263,450 Viµ; 7,738,790 7,694,027 44,763 * The majority of the Recreation Department's expenditures occur in the first few months of the fiscal year due to all the summer activities. In total, the chart above indicates that expenditures are being incurred based on the available budget as of October 2009. As previously mentioned some categories and/or departments reflect expenditures in the early part of the fiscal year due to activities or contractual obligations. Monthly Financial Report: October 2009 Page 4 While the above discussion focuses on the General Fund, the trends are similar in other funds also. As was the case last year during this time, the condition of the national, state and local economies is still not good. With job losses, lower consumer spending, foreclosures and home values still unstable, it is anticipated that our revenues will be lower than in the previous fiscal year. Since the City anticipated such declines, revenues were budgeted accordingly; however, the extent of the impact on revenues will be known when we receive major revenues such as sales tax and property tax in December and January. Staff will continue to monitor the trends and will recommend budget changes as deemed necessary. In the meantime, we are watching our budget very closely. Even though the fiscal year 2009 -2010 budget did not account for any raiding by the State, the State will take local resources to balance its huge deficit. The City's portion is anticipated to be approximately $1 million in property taxes during fiscal year 2009- 2010. in order to avoid any loss of cash flow, on November 4, 2009, the City Council approved the City's participation in the Prop 1A Securitization Program which will allow local government's to issue bonds to receive the amount lost to the State. The principal and interest on the bonds will be paid and the City will not incur any costs. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the monthly financial report for the period ended October 2009. IN P • A • R• K TO: Honorable Mayor and City Council Members FROM: Edwin "William" Galvez, Director of Public Works DATE: November 18, 2009 SUBJECT: ADOPTION OF RESOLUTION NO. 2009 -046 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE APPLICATIONS FOR SOLID WASTE DISPOSAL PROGRAMS PURPOSE Staff requests that the City Council adopt Resolution No. 2009046, authorizing the Director of Public Works to file an application for the Solid Waste Disposal and Codisposal site Cleanup Program so that the City may qualify for grant funding for this program. BACKGROUND The California Integrated Waste Management Board (CIWMB) administers this environmental grant. The purpose of the program and grant is to address widespread illegal dumping of solid waste adversely impacts Californians in many ways. Properties on which illegal dumping occurs lose economic value; create public health and safety and environmental problems; and degrade the enjoyment and pride in the affected communities. Abandoned, idled, or underutilized properties due to unauthorized dumping impact what were once the sources of economic benefits to a community. Many such properties have been abandoned or have owners who are unable or unwilling to pay the costs of cleanup. The Board is and is now accepting applications for funding this program and the Resolution will enable the City to show its commitment. The Program provides financial assistance in the form of reimbursement grants up to $500,000 to help public entities accelerate the pace of the cleanup and restoration. Resolution No. 2009 -046 -- Application for Solid Waste Disposal Grant Page 2 of 2 November 18, 2009 DISCUSSION Assembly Bill 2136, enacted October 1993, requires the CIWMB (Board) to initiate the Solid Waste Disposal and Codisposal Site Cleanup Program for cleanup of solid waste sites where the responsible party either cannot be identified or is unwilling or unable to pay for timely remediation and where cleanup is needed to protect public health and safety and /or the environment. FISCAL IMPACT There is no impact on the General Fund related to the staff recommendation. If the City is awarded the grant, the program will be fully funded by the grant. The City will be applying for $350,000. These efforts are funded entirely through the Solid Waste Disposal and Codisposal Site Cleanup Program Grant. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2009 -046 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION AND SERVE AS SIGNATORY AUTHORITY FOR THE SOLID WASTE DISPOSAL AND CODISPOSAL SITE CLEANUP PROGRAM FUNDS." ATTACHMENT Resolution No. 2009- 046 RESOLUTION NO. 2009 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION AND SERVE AS SIGNATORY AUTHORITY FOR SOLID WASTE DISPOSAL AND CODISPOSAL SITE CLEANUP PROGRAM WHEREAS, this program will focus on cleanup sites on publically owned and some street facing areas of illegally dumped items; WHEREAS, the people of the State of California have enacted Assembly Bill 2136 which authorizes the California Integrated Waste Management Board to initiate and administer a program for cleanup of solid waste disposal sites and for cleanup of solid waste at codisposal sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment; WHEREAS, said procedures established by the California Integrated Waste Management Board require the applicant to certify by resolution the approval of the application before submission of said application; and WHEREAS, the applicant will enter into an agreement with the California Integrated Waste Management Board for the site cleanup. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. Approve the filing of an application for the cleanup of solid waste using grant funds from the Solid Waste Disposal Site Cleanup Trust Fund for the project specified above; and SECTION 2. That the Director of Public Works, or his/her designee, is hereby authorized and empowered to execute in the name of the Baldwin Park City Council all necessary applications, contracts, payment requests, agreements, and amendments hereto for the purposed of securing grant funds and to implement and carry out the purposes specified in grant applications. Approved and adopted this 18 day of November, 2009. 1 the undersigned, hereby certify that the foregoing Resolution Number 2009 -046 was duly adopted by the Baldwin Park City Council following roll call vote: RESOLUTION NO. 2009 -046 PASSED, APPROVED, AND ADOPTED this 18th day of November 2009. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, SUSAN RUBIO, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2009046 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 18, 2009 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN RUBIO CITY CLERK CITY COUNCIL AGENDA NOV 18 2009 ITEM N0. CITY OF BALDWIN PARK STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: November 18, 2009 SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTION OF MORGAN PARK PROMENADE RENOVATION AND PARKING LOT EXPANSION PHASE 2 TO GREEN GIANT LANDSCAPE, INC. IN THE AMOUNT OF $900,000. PURPOSE This report requests that the City Council consider an award of a contract for the construction of the Morgan Park Promenade Renovation and Parking Lot Expansion Project Phase 2 to Green Giant Landscape, Inc. in the amount of $900,000. BACKGROUND In December 2008, due to the State of California's financial problems, $600,000 in grant funds were frozen and therefore unavailable to construct the Morgan Park Promenade Renovation and Parking Lot Expansion Project as planned. In order to proceed with partial improvements, the project was divided into two phases. The first phase would be completed with the available funding, with the second phase upon the State funding becoming available. Phase one was completed in early 2009 after the City Council authorized the purchase and installation of the new playground equipment and a construction contract to install the resilient rubberized surfacing under the new playground equipment. Now that the initial phase has been completed and State funding has again become available, it is now feasible to move on to phase two of the project. Staff advertised phase two of the project by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance to the requirement of the Housing and Urban Development provisions. This last requirement is necessary for the use of CDBG funds. Award a Contract for Morgan Park Renovation Phase 2 Page 2 of 4 November 18, 2009 DISCUSSION Prior to advertising for construction bids of the second phase of the park improvements, the bid package was assembled with a special consideration of potentially having a funding shortfall. In order to ensure we would build a substantial portion of the project with the available funds, and to comply with the public contracts code, the bidding and design of the second phase was such that we identified optional improvements that could either be constructed at a later time or that were not critical elements of the project. Of course, if sufficient funds were available, this bidding approach would also allow the city to construct all of the improvements including all of the alternative options. Therefore, staff identified "base improvements" and "additive alternates." Staff also clarified that the basis of selecting the low bidder would be the "base improvements," and that the City would, at our option, include any one or all of the add alternates, depending on funds available. Bid Analysis On October 28, 2009, seventeen (17) bids were received, opened, and declared publicly. A summary of the bids received is included as Attachment 1. The "basis of bids" indicated that the lowest apparent bidder is Simgel Company. This is the same contractor that completed the fire damage repairs earlier this year to the Women's Locker Room at the Community Center. However, there are several issues with this contractor. One is that the bid appears to be woefully unbalanced. An unbalanced bid is often used to secure a contract using certain bid items that are artificially too low, knowing there will be funds for add -on options that are artificially high. In addition, staff has received several bid protests arguing that the Simgel Company bid is unbalanced. Another issue is that the bid itself does not identify the subcontractors that will perform the work. This may be a precursor to shopping of subcontracts, which is clearly illegal. Lastly, engaging the services of this contractor would be risky based on our first hand experience with the fire damage repairs to the Women's Locker Room. Therefore, based on the numerous irregularities and numerous protests related to the Simgel Company bid, staff recommends disqualifying this bid. The next low bid is Green Giant Landscape, Inc. This bid does contain a minor irregularity. While the total project bid is correct and the alternative options are individually and collectively correct, the "base bid" was not correctly stated. The bid package requests that the base bid use the total bid and subtract the sum of the alternates. The subtraction arithmetic was in error, but Staff recommends that this minor bid irregularity by Green Giant Landscape, Inc be waived and the bid be accepted. Therefore, this contractor's base bid, which is only used for purposes of identifying a contractor and not the contract amount, is Green Giant Landscape, Inc. Award a Contract for Morgan Park Renovation Phase 2 Page 3 of 4 November 18, 2009 Since there are sufficient funds available to construct the base improvements and all the options, staff recommends awarding a contract to Green Giant Landscape, Inc the amount of $900,000. The improvements under the recommended contract contain all of the design elements including fourteen monolith structures, three shade structures, water features, improved accessibility between the new Senior Center, play area, and the adjacent parking lot, parking lot improvement to the adjacent parking lot, and a parking lot expansion to the parking lot adjacent to Baldwin Park Boulevard. This contractor has recently completed similar park improvements for the Cities of Cypress and West Covina and the County of Los Angeles. This Contractor has a Class A - General Engineering, and Class C -27 - Landscaping Contractors' license in good standing with the State Contractors' Board. A background search shows no irregularities regarding this Contractor. Green Giant Landscape, Inc. will also be encouraged to participate in the City's newly adopted policy which provides incentives to contractors to encourage the hiring of City residents /businesses for City administered construction contracts. Staff will work out the details of this policy with the Contractor to confirm the level of their participation. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. The following table summarizes the funds available for the project: Total Allocated Funds -- . ..... ....................... _ .................. ... .__.. .......1 -. -_,_ State Prop A Grant __ $600,000 ........ - CDBG.........,_ __...._ .............. $250,000 ' Upper San Gabriel Valley Municipal Water District $50,000 Valley County Water District $25,000 ' . _Quimb.Y..Fund .. _..... $400,000 Total Allocated_ Funds $1,325,000 _ ....._.. _-... .__ .. .... .. .. Expenditures to Date _.....__Design..(Quimby Fund) _ . _... .. $91,406...s. Play E pipment Contract (Quimby Fund) $1161447 Phase 1 Construction (CDBG Fund) ..... $9__7,800 ................_- Total Expenditures to Date .......... ._ - -- _ ........ $305,653 Available Funds ...... _............ State Prop A Grant _ .......... ... ......... $600,000 - CDBG $152,200 Upper San Gabriel Valley Municipal Water District $50,000 Valley County Water District $25,000 .. -.. Quimby Fund ............ _ ..._...._ ....... .. ..... _ . _ . . ......._ $192,147 r...... _ - Available Funds for Construction of Phase 2 . $1,019,347 Award a Contract for Morgan Park Renovation Phase 2 November 18, 2009 Page 4 of 4 As shown in the tables above, based on the recommended expenditure levels, just over $17,000 would remain unexpended. Since City Quimby funds would be the last to be drawn -down, any remaining balances would be retained by the City. RECOMMENDATION Staff recommends that the City Council: 1. Award a Construction Contract to Green Giant Landscape, Inc. in the amount of $900,000; and 2. Authorize the Mayor to execute the attached agreement; and 3. Authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. ATTACHMENTS 1. Summary of Bids Received 2. Construction Contract /Agreement 3. Proof of State Contractor's License Attachment 1 CITY OF BALDWIN PARK MORGAN PARK PROMENADE RENOVATION & PARKING LOT EXPANSION PHASE 2 No Contractor Base Bid (Basis of Award) Total Bid Notes 1 Simgel Company $697,500 $1,182,500 Disqualified 2 Green Giant Landscape $703,700 $900,000 Lowest Responsive Base Bid 3 California Building Evaluation & Construction $716,472 $952,200 4 Yakar $723,000 $1,037,000 5 Pivot Group $737,190 $980,000 6 M G Enterprises $749,500 $990,000 7 Pima Corporation $785,864 $813,464 Incomplete alternates 8 Nature Tech Landscaping $813,001 $1,037,768 9 Micon Construction $827,405 $1,090,022 10 W & N Luxor Construction $875,000 $1,112,750 11 G Coast Construction $899,500 $1,098,000 12 C. S. Legacy Construction $937,493 $1,370,603 13 Fleming Environmental $939,495 $1,166,000 14 Abeam Construction $971,074 $1,216,020 15 Braughton Construction $972,269 $1,179,769 16 L. A. Builders $1,075,558 $1,314,158 17 Y & M Construction $1,154,100 $1,422,860 Attachment 2 SECTION D. CONTRACT MORGAN PARK PROMENADE RENOVATION AND PARKING LOT EXPANSION PHASE 2 IN THE CITY OF BALDWIN PARK AGREEMENT THIS AGREEMENT, made and entered into this 18th day of November , 20 09 , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and Green Giant Landscape, Inc "CONTRACTOR." WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract / Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Morgan Park Promenade Renovation and Parking Lot Expansion Phase 2 (the "Work of Improvement ") all in accordance with the Contract Documents and CONTRACTOR'S Proposal dated October 28, 2009_ CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman- like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of Nine Hundred Thousand Dollars $900,000.00 which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a Notice To Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within one hundred twenty - ( 120 ) - calendar days (also specified in the CONTRACTOR'S Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and/or State rates of wages applicable to the Work of Improvement. CONTRACTOR understands this is a federally assisted construction project and Federal Labor Standards, including Davis - Bacon Act requirements, will be enforced. CONTRACTOR acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. CONTRACTOR BY (Title) BY CITY OF BALDWIN PARK MANUEL LOZANO, MAYOR ATTEST: APPROVED AS TO FORM: CHIEF DEPUTY CITY CLERK CITY ATTORNEY EXHIBIT "A" MORGAN PARK PROMENADE RENOVATION AND PARKING LOT EXPANSION PHASE 2 IN THE CITY OF BALDWIN PARK Notice Inviting Bids Instructions to Bidders & Information for Bidders Bidder's Proposal Contract I Agreement Specifications Documents in the Appendix (if any) Modifications and Amendments thereto Attachment 3 Department, of Consumer Affairs Contractors State Lo"n-se]Board Contractor's License Detail - License # 670478 License Number: 670478 Extract Date: 11/10/2009 GREEN GIANT LANDSCAPE INC Business Information: 941 -A MACY STREET LA HABRA, CA 90631 -3400 Business Phone Number: (562) 690 -6208 Entity: Corporation ........ ............. . Issue Date: 05103/1993 Reissue Date: 05/02/1996 Expire Date: 05/31/2010 .... License Status: This license is current and active, All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR, C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number 69649036 in the amount of $12,500 with the bonding company WESTERN SURETY COMPANY. Effective Date: 01/01/2007 Bonding: Contractor's Bonding Histor . . .................. . BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DONALD LOUIS HENDERSON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 05/02/1996 This license has workers compensation insurance with the DELOS INSURANCE COMPANY Policy Number: 02DKRM12003416 Workers' Compensation: Effective Date: 04/01/2009 Expire Date: 04/01/2010 Workers' Compensation History Miscellaneous DATE DESCRIPTION Information: 05/02/1996 LICENSE REISSUED TO ANOTHER ENTITY Conditions of Use I Privacy Poii Copyright © 2009 State of California BALDWIN P , A - R - K CITY COUNCIL AGENDA NOV 18 2009 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Mana DATE: November 18, 2009 SUBJECT: Approval of a License Agreement Transfer from a subsidiary of T- Mobile to Mobilitie for the existing wireless communication facility located within Hilda Solis Park; (Location: 4100 Baldwin Park Boulevard; Applicant: Melinda Ocana, representing T- Mobile). PURPOSE This report requests City Council approval of a license agreement transfer from a subsidiary of T- Mobile to Mobilitie for the existing wireless communication facility (mono - broadleaf tree) located within Hilda L. Solis Park. BACKGROUND License Agreement On September 17, 2008, the City Council approved a license agreement between T- Mobile and the City. Attached is the approved License Agreement, signed by T- Mobile (Attachment #1), which granted Omnipoint Communications, Inc. (a subsidiary of T- Mobile) a long -term license for the installation and operation of the mono - broadleaf and the ground equipment shelter in a designated area at Hilda Solis Park. The initial term of the license is for 5 years, with T- Mobile having the option to extend that term for 5 additional five -year periods; so the total term of the License Agreement could be a maximum of 30 years. According to the License Agreement, T- Mobile pays a monthly fee of $1,995 ($23,940 per year) with a 4% annual increase. DISCUSSION Staff received a letter from T- Mobile requesting approval to transfer /assign the license agreement to Mobilitie investments II, LLC. The two have entered into a business relationship in which Mobilitie will acquire T- Mobile's interests in certain cell sites in return for business and monetary considerations. Upon and from the date of the assignment, Mobilitie will assume all obligations and responsibilities of the license including managing the site to guarantee maintenance of the tower and site and payment of the monthly license fee. However, T- Mobile will remain as the cell service License Agreement Transfer November 18, 2009 Paae 2 of 3 provider and will be responsible for all antenna equipment and everything prior to the assignment, as well as any issues that may arise due to T- Mobile continued use of the site. The terms and conditions agreed to in the license agreement will not be affected by this transfer. The proposed letter approving the assignment was negotiated by staff, the city attorney and T- Mobile representatives. By its terms, the City's interests are protected in the same way they are by the existing agreement with Omnipoint Communications, Inc. FISCAL IMPACT There will be no impact to the General Fund. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends the City Council approve the License Agreement transfer from Omnipoint Communications, Inc. to Mobilitie and authorize the Chief Executive Officer to finalize and execute that transfer. ATTACHMENT #1 - Proposed License Assignment Agreement #2 - Applicant's Request Report Prepared By: Salvador Lopez Jr., Associate Planner ATTACHMENT #1 Proposed License Assignment Agreement T a r2TV1W,..)-u...e T- Mobile tJ SA, hic, 12920 SE 38th Street, F30k vue, 011 95006 October 21, 2009 City of Baldwin Park Attn: Chief Executive Office 14403 East Pacific Avenue Baldwin Park, CA 91706 Re: Site # IE25380D ( "License ") dated 7/22/2008 is by and bet -ween City of Baldwin Park, a municipal corporation ( "Licensor ") and T- Mobile West Corporation, successor -in- interest Omnipoint Communications, Inc., a subsidiary of T- Mobile USA, Inc., a Delaware corporation ( —r- Mobile ") Dear Sir: T- Mobile and Mobilitie Investments 11, LLC ( "Mobilitie ") have entered into a business relationship in which Mobilitie will acquire T- Mobile's interest in certain cell sites. Specifically, we have agreed to the transfer of the License for the T- Mobile cell site on your property to Mobilitie as part of that business relationship. To do so, the License will be assigned from T- Mobile to Mobilitie. Please be aware that T- Mobile will continue to remain on the cell site and will be responsible foi- maintaining the ground space it uses. Upon and fi•om the date of assignment, Mobilitie will assume all obligations and responsibilities of the License. Although T- Mobile will be released fi•orn all liabilities and obligations arising solely fitom the License subsequent to such assignment of the License, T- Mobile will remain responsible for any liabilities prior to the date of the assignment. T- Mobile and Mobilitie seek your consent to the assignment of the License from T- Mobile to Mobilitie and to release T- Mobile from all liabilities and obligations subsequent to such assignment of the License except to the extent arising out of T- Mobile`s use of the site. Please sign below to indicate your consent and release and return to: Jennifer Parrish - T- Mobile 12920 SE 38`h Street Bellevue, WA 98006. We will send you notice of the actual date of assignment when it occurs, Upon the assignment, Mobilitie will contact you directly to ensure all of your lease information is still current. if you have any questions about this request, please contact Brent Kimball at Mobilitie directly at Brent @mobilitie.com or (303) 359 -1505. Sincerely, Scott McNees National Construction Manager T- Mobile USA Acknowledged, Consented and Agreed to: Print name: Dated: CC: Alseshire & Wynder, LLP Attn:Joseph W. Pannone 1515 West 190'x' Street, Suite 5656 Gardena, CA 90248 Brent Kimball Director, Network Strategy Mobilitie ATTACHMENT #2 Applicant's Request tolecommuFftations ir[irastruatum site mana"Mment solutions June 18, 2009 City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Mr. Lopez: Mobilitie 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 LISA Tel: + 1 949 999 5785 Fax: + 1 949 274 7553 Melinda @mobilitie.com www.mobilitie.com Thank you so much for taking time to speak with Mobilitie regarding the assignment of the T- Mobile tower on the City of Baldwin Park's property. Mobilitie is the owner /operator of thousands of towers across the United States, and has many relationships with other municipalities across the country. We have a business relationship with many - carriers, where .,they:.build. the tower and then partner with Mobilitie to manage the site so that they can focus on their primary business of cell phone service. Mobilitie's primary business is tower maintenance and collocation. T- Mobile will remain on the City's tower as the cell service provider and Mobilitie will take over the maintenance and marketing of the site. Mobilitie is dedicated to making sure that our landlords have direct contact with us day or night should there be a question or an issue. Mobilitie's customer service center is staffed 24 hours a day 7 days a week. The number to the call center is (949) 515 -1500. Upon assignment of the lease Mobilitie will assume all responsibilities under the existing lease /license, and T- Mobile will remain responsible for all antennae equipment and everything prior to assignment. I have also included some general information about Mobilitie. Please let me know if you have any questions. Mobilitie prides itself on its landlord /tenant relationship and we look forward to working with you in the future. Thank you so much for your time. Melinda Ocana Financial Services Associate Mobllitio L. LC. rewl_rort D,<iach. CA 92660 119 ' S. 1710 ! mobilitie.com y E telecommunications infrastructure site management solutions Cary Jabara Christos Karmis David Lasky Founder, President and Chief Executive Officer Gary is the founder of Mobilitie and serves as President and Chief Executive Officer. Prior to founding Mobilitie, Gary was a Partner at Deloitte & Touche and the firm's Partner -in- Charge of Wireless Real Estate and Infrastructure. While at Deloitte, Gary oversaw the negotiations of over $10 billion of telecommunication infrastructure assets on behalf of the Big Six Wireless Carriers. He also led the firm's National Practice for Capital Projects Advisory Services, and advised Global Fortune 100 firms on the efficient deployment of their capital. Senior Vice President Acquisitions and Leasing Christos is responsible for all tower acquisitions and leasing activity for Mebilitia. Christos specialized in real estate advisory services and the wireless communications industry with Deloitte Consulting before coming to Mobilitie. While at Deloitte. Christos provided operational and network optimization strategies to several of the Big Four Wireless Carriers. He holds an MBA from Warrington School of Business at the University of Florida, a Management Certificate from Harvard University, and a Bachelor of Science in Mechanical Engineering from Clemson University. Senior Vice President Operations and Services David runs Mobilitie's operations including Customer Service, Transaction Management, Property Management, Information Technology, Facilities, and Landlord Relations. Prior to joining Mobilitie, David was a Vice President at Yahoo! Inc., responsible for the quality of the paid search advertising inventory, with over 250 people under' his leadership. Before Yahoo!, David was with Deloitte Consulting, specializing in the Telecommunications sector. David holds a B.A. in Economics from UC Santa Cruz, an MBA from UCLA's Anderson School of Management, and is a licensed real estate broker in the state of California. r� UOR �a ,� 142!� �TP f3't Saks s..= 15v"'a: .,r telecommunications Infrastructure sRe management solutla"a Mobilitie LLC. !ir(; Nlevjpl )I �. °_.: ?LFif Bive Suitc 200 i 1iE.'Vv`i:O!', F. 15,L)r rroobil ltiexom Will T- Mobile's equipment remain on the tower? T- Mobile's will remain on the tower and continue to provide wireless services for customers in your area. What is the relationship between Mobilitie and T Mobile? T- Mobile and Mobilitie are not related entities and are separate companies, However, T- Mobile and Mobilitie do have a commercial agreement in which Mobilitie acquires T- Mobile ownership interests in certain sites. In return, Mobilitie manages the site to guarantee your property and the tower are well maintained. This type of transaction is customary..in.the telecommunications_industry_as it provides carriers with the flexibility necessary for ongoing expansion and growth. Mobilitie has acquired hundreds of T- Mobile sites over the last several years. Will the assignment affect my lease? The terms and conditions agreed to in your lease agreement will not be effected by this assignment. Mobilitie will assume ali obligations of T= Mobile following the close of the transactions. How can I reach Mobilitie with lease, payment or site issues and questions? Mobilitie leverages a world class asset administration, property management, payment processing, and customer service center. Mobilitie's customer service center is staffed 24 hours a day 7 days a week. The number to our main call center and landlord hotline is 949 515 1500 or email Iandowner@mobilitie.com What if I need to report a maintenance issue? Mobilitie ensures each and every tower is inspected and standard preventative maintenance performed at least four times a year, Additionally, if the site is required to have lighting by the FAA, we install remote monitoring equipment at the site to monitor the status of the lighting. Should there be an outage, we receive an instant notification and work to respond accordingly. We strive to ensure all sites are properly maintained in a proactive manner, However, should you ever need to report a maintenance issue, you can simply call our landlord hotline directly at 949 515 1500 or 877 999 7070. Who can I contact with specific questions? Please contact Doug Lodder, Director of Acquisitions, at 949 999 5767 or doug@mobilitie,com with any specific questions about this assignment. TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK Honorable Mayor and Members of the Laura M. Nieto, CMC, Deputy City Cle November 18, 2009 CITY COUNCIL AGENDA NOV 18 2009 ITEM NCi. .- OR- AGENDA STAFF REPORT NOTICE DECLARING A VACANCY OF OFFICE NO. 4 OF THE PLANNING COMMISSION (HUGO TZEC) The purpose of this report is to receive City Council direction to vacate Office No. 4 of the Planning Commission. BACKGROUND/DISCUSSION On April 1, 2009 the City Council adopted Resolution No. 2009 -009 appointing Hugo Tzec to Office No. 4 of the Planning Commission. As a result of the November 3, 2009 election and the successful candidacy of Planning Commissioner Tzec to the Baldwin Park Unified School District Board of Education and in accordance with Section 32.11 of the Municipal Code which prohibits Commissioners from holding public office as an elected official during their term, there is now a vacancy on the Planning Commission. RECOMMENDATION Staff recommends City Council declare a vacancy of Office No. 4 of the Planning Commission, direct staff to advertise the vacancy and bring applications forward to a future meeting for consideration of appointment. Ok 1 BALDWIN P•A - RL K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK CITY COUNCIL AGENDA STAFF REPORT NOV 18 2009 ITEM NQ.._ Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation & Community Servi November 18, 2009 Proposal for Census 2010 Plan of Action and Complete Count Committee "Baldwin Park Counts" WNJNI�RWA This purpose of this staff report is to propose a plan of action for the public awareness campaign to promote participation in the 2010 United States Census. BACKGROUND The United States Census Bureau will mail or deliver questionnaires to every house in March 2010 to be completed and mailed back. Households that do not respond will receive a second form to be completed and mailed back. Households that still do not respond will be called or visited by a United States Census Bureau representative. The United States Census is held every 10 years and is the single most powerful indicator of who we are as a nation. In addition to serving as the fundamental source of information on the nation's demographic makeup, the United States Census is also used for determining Congressional reapportionment and political representation. It also decides the allocation of more than $400 billion in Federal funds to communities annually; including funds for Medicaid, voter protection, State Children's Health Insurance Program (SCHIP), childcare, early child education, school lunch, Community Development Block Grant (CDBG), English as a Second Language (ESL), adult education and other vital services for the community. The consequences of an individual not completing their United States Census form is an amount of $12,000 lost per year, per person for funding opportunities. For one individual person that is a $120,000 loss over the next 10 years and a family of four not being counted will result in a loss of $480,000 over the next 10 years. Information gathered from National Association of Latino Elected and Appointed Officials (NALEO) indicates that research shows the most common cause of a community being "undercounted" is due to the lack of public awareness, limited outreach, language barriers and fears regarding privacy. On May 20, 2009, the Baldwin Park City Council approved a 2010 Census Partner Proclamation, stating the level of commitment to inform residents of the importance of being counted. Key staff has also been meeting with representatives from the Office of the United States Census 2010 since April 2009. DISCUSSION As a dedicated partner in the United States Census 2010 and to ensure the complete count of Baldwin Park, staff is proposing the launch of a public awareness campaign. In order to ensure a comprehensive approach it is necessary to involve partners on all levels to form a Complete Count Committee. As the facilitating organization in this significant endeavor, the City of Baldwin Park will be inviting partners to a kick -off meeting to receive educational material and commit to a partnership over the life span of the campaign. For the 2000 United States Census, $35,000 was spent on the campaign with the assistance of a consultant. The Department of Recreation and Community Services was heavily involved in the 2000 Census campaign and experienced staff, who participated in Baldwin Park's 2000 United States Census Complete Count Committee, is prepared to execute a comprehensive public awareness campaign. Staff will absorb the role of the consultant in implementing this campaign as well as the costs associated with paying a consultant. The proposed amount of funding needed to implement the public awareness campaign is $17,500. This amount would cover $10,000 for promotional materials and supplies, while the remaining $7,500 would be utilized for part -time pay. Currently staff is aggressively pursuing funding opportunities in the form of stipends. Any outside funds received would lower the amount required from City funds. The proposed plan for the public awareness campaign will begin with a kick -off meeting and reception to invite all potential committee members and relay valuable information that can be dispersed to the community. Meetings would be set -up to discuss updates, plan events and share resources. A 100 Day Countdown would begin on December 22, 2009 on the City's website as well as a follow -up article in the December /January & February/March Issues of the Baldwin Park NOW. Teams would be established for outreach at schools, churches and throughout the neighborhood. The last method of outreach would be held in the form of a block- party, located specifically in locations that had low counts in the 2000 Census. Throughout all outreach efforts promotional items will be distributed to remind residents of the importance of being counted. Below is a list of proposed committee members as well as a proposed timeline for outreach efforts: Proposed Committee Members City Council School Board Directors Water Board City Commissioners City Staff Baldwin Park Unified School District Superintendent & Key Staff Home Liaisons Historical Society Board of Directors Military Organizations (American Legion, Veterans of Foreign War, etc.) Baldwin Park Resident Advisory Committee (BP -RAC) Faith Based Organizations City Service Clubs (Women's Club & Sister City Organization) Little League & Road Runners Resident Volunteers Proposed Timeline Monday, November 30 Kick -Off Committee Meeting and Reception (at the Arts and Recreation Center) Saturday, December 12 Census 2010 Booth at Christmas Baskets December 22 "100 Days until Census" Countdown (Website Countdown) December 2009 Census Article — Baldwin Park NOW January 2010 Complete Count Committee Meeting 5:30pm — 7:OOpm @ The ARC February 2010 Census Article — Baldwin Park NOW February 2010 Two (2) Neighborhood Block Parties February 2010 Complete Count Committee Meeting 5 :30pm — 7:00pm @ The ARC March 2010 Two (2) Neighborhood Block Parties March 2010 Complete Count Committee Meeting 5:30pm — 7:OOpm @ The ARC April 11, 2010 Census Booth at Easter Egg Hunt April 2009 Neighborhood Canvassing FISCAL IMPACT The funds required forthe public awareness campaign is $10,000 for promotional material and $7,500 for the pay of part -time staff from the General Fund Reserves. Staff in the Department of Recreation and Community Services would absorb the additional responsibilities previously administered by the consultant. 3 The Department is aggressively pursuing grants form the United States Census Bureau. If outside funding is received, the City's contribution will be reduced. RECOMMENDATION Staff recommends that City Council: 1. Approve proposal and instruct Director of Recreation and Community Services to execute plan; and 2. Authorize Finance Director to appropriate $17,500 from General Fund Reserves for expenditures of $10,000 for materials and supplies and $7,500 for part -time pay to the Department of Recreation and Community Services budget; and 3. Authorize Director of Recreation & Community Services authority to sign any documents or agreements on behalf of the City of Baldwin Park 4 F, RAi.Ti a CITY OF BALDWIN PARK l' " A ' M ' [� CITY COUNCIL AGENDA NOV 18 2009 ITEM NO..A 0 STAFF REPORT TO: Honorable Mayor and Councilmembers FROM: Marc Castagnola, AICP, Community Development Manag DATE: November 18, 2009 SUBJECT: A request for consideration of an amendment to the City's Municipal Code, Section 153.018, adding language to prohibit land uses that are inconsistent with both State and Federal Law. (Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC -164). PURPOSE This report requests City Council approval of an amendment to the City's Municipal Code adding language to prohibit land uses that are inconsistent with both State and Federal law. CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA The State CEQA Guidelines, at Section 15378, define a project as the "whole of an action which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment..." The proposed language, requiring consistency with both State and Federal law, would be added to the Zoning Code Chapter of the Municipal Code, and would not result in a direct or indirect physical change in the environment. Of course, future amendments to the Zoning Code which result in new, modified or prohibited land uses will be subject to CEQA on a case -by -case basis. If the amendment is approved by the City Council, then staff will file a Categorical Exemption with the Los Angeles County Clerk. Note, this will trigger the statute of limitations. NOTICING REQUIREMENTS A Notice of Public Hearing was posted at three locations throughout the City, including The Ester Snyder Community Center, Barnes Park, and City Hall on October 29, 2009. AZC -164 November 4, 2009 Page 2 BACKGROU N DIDISCUSSION Pursuant to Sections 65100 and 65103 of the California Government Code each city is granted the powers to create and maintain a Planning Agency which is permitted to implement the General Plan as one of its core duties. Zoning ordinances are a primary mechanism to implement a General Plan and they contain language which protects the health, safety and welfare of the community. In order to implement the goals and policies contained in the general plan, the City has adopted Chapter 153 of the Municipal Code entitled the "Baldwin Park Zoning Code." The stated purpose of the Zoning Code is the following: "classifying, designating, regulating and restricting the use of buildings, land and structures, [and] to permit the most compatible use of land within the city, consistent with the needs of residential, commercial and industrial developments within the city, and the promotion of the public health, safety, welfare and general prosperity of the city and its residents." However, there is no language in the City's Zoning Code which explicitly requires uses of land to be consistent with both State and Federal Law. As a result, staff is proposing to add Section 153.018 which would require land uses to be consistent with both State and Federal law. The language would read as follows: § 153.018 Consistency with State and Federal Law Notwithstanding any other provision of this title, no use is permitted, unless it is permitted by both State and Federal Law. Planning Commission Action On October 14, 2009, the Planning Commission conducted a public hearing on this matter and at the conclusion of the public hearing, voted 4 -0 to recommend the City Council approve the item. FISCAL IMPACT There will be no impact to the General Fund. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that following the public hearing the City Council introduce for first reading Ordinance 1331 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.018 OF THE BALDWIN PARK C:1Amy\AM11W ORDIReports\Counci[ Reports\AZC -164 #2.doc AZC -164 November 4, 2009 Paae 3 MUNICIPAL CODE RELATING TO LAND USE S STATE AND FEDERAL LAW (LOCATION: BALDWIN PARK, CASE NO.: AZC- 164)" ATTACHMENTS *Attachment A, Draft Ordinance 1331 C:\Amy\AMY\WORD\ReportslCoundI ReportslAZC- 164#E2.doc BEING CONSISTENT WITH BOTH CITYWIDE, APPLICANT: CITY OF C:lAmy1AMY\WORD\Reports\Council Reports\AZC -164 #2.doc ORDINANCE NO. 1331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.018 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LAND USES BEING CONSISTENT WITH BOTH STATE AND FEDERAL LAW (APPLICANT: CITY OF BALDWIN PARK, LOCATION: CITYWIDE; CASE NO.: AZC -164) WHEREAS, in 2002 the City Council completed significant modifications existing General Plan; and WHEREAS, as a result of those changes to the General Plan, the City of Baldwin Park is currently undertaking modifications to the existing Zoning Code, including amendments to permitted, conditionally permitted and prohibited uses; and WHEREAS, there may be inconsistencies between both State and Federal Law regarding land uses; and WHEREAS, the City of Baldwin Park, is allowed to determine what types of land uses are permitted, conditionally permitted or prohibited within it's boundaries; and WHEREAS, in order to protect the health, safety and welfare of the community, the City is proposing to add language to the Zoning Code which prohibits uses inconsistent with State or Federal law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Section 153.018 is hereby added to read as follows: § 153.018 Consistency with State and Federal Law Notwithstanding any other provision of this title, no use is permitted, unless it is permitted by both State and Federal Law. Section 2, The Secretary of the Planning Commission shall file a Notice of Exemption with the Los Angeles County Clerk. Section 3. The 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 day of , 2009. 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 Ordinance 1331 was introduced at a regular meeting of the City Council held on November 4, 2009, and was adopted by the City Council at its regular meeting held on November 18, 2009, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CIVIC Deputy City Clerk Sk BALD IN P . A . R . V TO: CITY OF ,BALD WIN PARK NOV 1 8x009 STAFF, REPORYI Honorable Mayor and Members of the City Council to] FROM: DATE: Marc Castagnola, AICP, Community Development Ma November 18, 2009 SUBJECT: A request for approval of a modification to the existing Specific Plan and a modification to the original conditions of approval for the continued facilitation of a multi - family residential development; (Case No's: Specific Plan (SP 08 -01) and City Council Resolution 2008 -034; Location: 3427 -3421 Baldwin Park Blvd.; Applicant: D.C. Corporation). Pi jppnSF This report addresses the Applicant's request for City Council consideration and recommendation of approval to the City Council for the modification to Specific Plan (SP 08 -01) and original conditions of approval of Resolution 2008 -034. *Note, Developer and Applicant are used interchangeably in this report. SUBJECT PROPERTY The subject property is located near the northwest corner of Baldwin Park Boulevard. and Foster Avenue and has street frontage along Baldwin Park Boulevard in addition to street frontage along Foster Avenue. The project area contains approximately 117,845 square feet (2.7 acres) of lot area. The table below identifies adjacent property land uses and zoning designations. Those properties are not located within a Redevelopment Project Area. TABLE #1 ADJACENT ZONING & LAND USE ADJACENT PROPERTY LOCATION ZONING PROPERTY USE North R -1 Single-Family Residences South RGIR -1 Multi - Family /Single Family Residences East R -1 Single- Family Residences West RGIR -1 Single Family Residences SP 08 -01 Mod. November 18, 2009 Paue2of10 CEQAINOTICING This Specific Plan was prepared in coordination with an environmental review and assessment process conducted by the City. As a result of that assessment, it was determined the proposed subdivisions and development, although may have impacts upon the environment, incorporated mitigation measures into its design and construction which would lessen said impacts to less than significant levels and, as such, a Mitigated Negative Declaration of Environmental Impact was approved by the City Council on June 4, 2008. In accordance with section 15162 of the CEQA Guidelines, no additional environment review need be conducted as none of the following apply to the proposed modification. There have been no substantial changes proposed to the project, nor substantial changes to the circumstances under which the project is undertaken, which will require any revisions to the previously adopted mitigated negative declaration as there have not been any new significant environmental effects nor any substantial increase in the severity of previously identified significant effects. Additionally, the City has no new information which was not known and could not have been known with the exercise of reasonable diligence at the time the previous mitigated negative declaration was adopted. BACKGROUND/DISCUSSION 9) Original Approval The Planning Commission, on May 14, 2008, recommended approval of, and the City Council, on June 4, 2008, ultimately approved, the following: a) b) C) d) e) A Mitigated Negative Declaration of Environmental Impact; A Specific Plan and a Development Plan to permit the construction of a 52 unit multi -level residential development; A Zone Change to add a Specific Plan Overlay Family Residential Garden Zone; A Conditional Use Permit to allow three (3) of moderate - income households; and A Tentative Tract Map to subdivide three (3) lots facilitation of a residential development. 2) Current Request to the underlying RG, Multi- the units to be set -aside for into fifty -three (53) lots for the On August 11, 2009, the City received a letter from the project developer, D.C. Corporation (Attachment #4), requesting changes to the conditions of approval and the Specific Plan. According to the letter, the applicant has indicated he has had no success in obtaining a construction loan and has decided to proceed with the construction "out-of-pocket." In addition to the Specific Plan and conditions of approval modifications, the letter also requested deferment of certain permits and impact fees. CAlAmylAMY1W0RD1Repor1s\Counc11 Reports\SP 08 -01 mod 43.00C SP 08 -01 Mod. November 18, 2009 On September 8, 2009, the City responded with a letter to the applicant indicating staff has reviewed and evaluated the requests taking into consideration the current economic environment, the potential benefits of the proposed project, and overall flexibility within the parameters of the conditions of approval. A summary of staff's evaluation of the Developer's requests are discussed below. Also summarized are the significant modifications recommended by staff. A. FEES The City charges and/or calculates three different types of fees. The types of fees with examples are shown below: 1) Fees to Other Agencies: Baldwin Park Unified School District, Los Angeles County Sanitation Fees, and other agencies fees 2) Fees for City Services: Building Plan Check Fees and Building Permit Fees 3) Impact Fees: Flood Control Fees, Public Art Fees, and Parkland Fees The Developer requested deferment of all fees including fees to outside agencies, fees for City Services and impact fees. Fees to outside agencies are beyond the City's jurisdiction and the City cannot change or defer these fees. Fees for City Services are charged to cover expenses related to processing applications, inspection costs and pass - through costs to provide services. Those fees are required to be paid when services are rendered. However, since the Developer is proceeding out of pocket, he has decided to phase the project into four (4) separate phases, with each phase of construction between ten (10) units and eighteen (18) units. Additionally, each phase will include development of the common areas and accessways necessary for that phase. At the Applicant's request the City Services Fees will be due at the start of each phase, as opposed to cumulatively (i.e. one payment for the entire project) at the beginning of the project. The Applicant's request to process impact fees on a per unit basis with the fees being paid by the home owner through the escrow process cannot be accommodated. However, in an effort to accommodate the Applicant, Staff is recommending the Applicant be permitted to defer the payment of the impact fees for each unit until the conclusion of construction of each Phase. Impact fees for all units in said phase shall be due and payable prior to the issuance of the Certificate of Occupancy for the last unit for each phase or commencement of construction of the next phase. B. DESIGN OF THE PROJECT The Developer has not requested the overall layout of the project or the building elevations be modified. However, there has been a request to modify the perimeter wall material and the distance between the pilaster articulations (i.e. decorative column) and eliminate the condition requiring the landscaping plan be prepared by a licensed landscape architect. After a review of the site plan, and the limited view of the perimeter walls from the public right -of -way, staff concluded a change in the wail material could be accommodated and the landscaping plan does not need to be prepared by a licensed landscape CAAmy\AMY1W0RDIReportslCound1 Reports\SP 08 -01 mod #3.DOC SP 08 -01 Mod, November 18, 2009 Paae 4 of 10 architect. However, landscaping and irrigation plans will still need to be submitted in accordance with the City's Zoning Ordinance for review and approval by the City's Planning Division. In order to allow the Developer flexibility, Staff is proposing the main part of the perimeter wall have an earth tone colored texture coat and decorative cap. Articulation would still be required in the form of decorative pilasters set at a maximum of every forty (40) feet, however, the composition and/or color of the pilasters would need to be contrasting to the primary part of the wall. Final approval of the perimeter wall materials and the contrasting articulation will be subject to review and approval by Planning Staff. Graffiti is a concern, as such, the Developer shall be responsible for any graffiti removal prior to the Homeowner's Association (HOA) taking control of the development. At the conclusion of the entire project, the HOA will be responsible for graffiti removal and as such a condition shall be included in the Covenants, Conditions, and Restrictions (which will ultimately govern the project) requiring removal of graffiti immediately or within 24 hours after notice from the City or if not done the City will have the right to remove it and seek recovery of those costs from the HOA. C. UNDERGROUNDING THE OVERHEAD UTILITIES ALONG FOSTER AVENUE Language contained within the Specific Plan requires the Developer to underground the overhead utilities along both of the Project's street frontages, Baldwin Park Boulevard and Foster Avenue. The Developer agrees to underground the overhead utilities along Baldwin Park Boulevard. However, he is requesting to make an in -lieu payment to underground the utilities along Foster Avenue as opposed to completing the actual undergrounding work. A review of the utility lines along Foster Avenue revealed a 'superpole' which convenes all of the utilities from the other overhead poles along Foster Avenue and feeds them out to the adjacent regular overhead poles. This 'super pole' is located at the front of the subject project. Staff is of the opinion the Developer should only be required to pay his pro -rated share of the undergrounding (along Foster Avenue) which includes only the utilities that service the project and not the utilities that serve the surrounding properties. (This recommendation is consistent with stafF's recommendation on the Kennan Center Project at Baldwin Park Boulevard and Merced Avenue in 2007.) Rather than a piecemeal approach to undergrounding the utilities along Foster Avenue, which is currently proposed with the proposed development, Public Works is of the opinion it is more cost - effective to collect an in -lieu payment for the future undergrounding of the Foster Avenue utilities in their entirety. The City's Public Works Department in conjunction with SCE shall determine the appropriate amount of the in -lieu fee reasonably related to actual cost of undergrounding. CAlAmy\AMY1W0RD1ReportslCounci1 ReportslSP 08 -01 mod #3.DOC SP 08 -01 Mod. November 18, 2009 Page 5 of 10 3) Summary Overall, the only changes to City Council Resolution 2008 -034 include processing changes related to the timing of the Final Map and Covenants, Conditions, and Restrictions (CC &R's) and the Housing Authority's processing of the applications for the moderate income units. Modifications to the Specific Plan (SP 08 -01) include the changes in the wall material and articulation (Section 4.1.11), the in lieu payment to underground the overhead utilities along Foster Avenue (Section 4.1.15) and the processing of the documentation for the moderate income units (Section 4.1.17). The other minor changes are shown in detail in the red -lined versions of Resolution 2008 -034 and the Specific Plan (Attachments #5 and #6 respectively). In response to the Applicant's request as it relates to the fees, it should be noted this request and recommendation is not to waive any fees associated with the development, but to simply stagger the fees in four (4) separate phases and to require payment of the impact fees once a phase is completed and the impacts are apparent. Considering the current economic challenges developers are facing, this option will provide long term benefits in all areas. The project will provide employment opportunities for local residents in the construction trades and will contribute to the stimulus of the local economy as goods and merchandise will be purchased locally. Additionally, the construction of these new residences will increase property tax income to the City, improve the aesthetics of the neighborhood and bring in new residents who will spend their dollars in our local businesses. This development represents an opportunity for the City to have an urban style residential development specifically focused on engaging the street and the pedestrian. As a result of staff's flexibility with processing a development project, staff was able to work with Developer to accommodate his request, while maintaining the original intent of the approvals recommended by the Planning Commission and granted by the City Council. 4) Planning Commission Meeting At the October 14, 2009 Planning Commission Meeting, the Commission unanimously (with a 4 -0 vote) approved Resolution PC 08 -01 recommending the City Council approve modifications to the Specific Plan and Conditions of Approval of City Council Resolution 2008 -034. After discussion of the proposals, the Commission added substantially the following language (highlighted in bold) to the conditions of approval. (cc) Impact Fees for each phase of development must be paid in full prior to the issuance of the last Certificate of Occupancy for the applicable phase and prior to beginning construction of the next phase of development. In the event any phase is commenced but not completed (Le., the applicant does not build every unit in a phase), the applicant remains responsible for all applicable fees and shall pay said fees immediately upon written notice from the City. (The CAAmylAMY WORD1Reports\Council Reports\SP 08 -01mod #3.DOC SP 08 -01 Mod. November 18, 2009 Pape 6 of 10 city attorney suggested also adding the following to this condition. For the fourth phase, the fees shall be paid before the issuance of the last Certificate of Occupancy for that phase, but no later than nine (9) months after issuance of the building permit for that phase); and (dd) The applicant shall continue to seek a construction loan and when received shall promptly notify the City and pay all impact fees in full. The applicant acknowledges at the completion of Phases 1, 2 and 3 written proof shall be provided evidencing the applicant's continued good faith efforts to seek a construction loan; and FISCAL IMPACT There will be no impact to the General Fund as there will be no waiving of any fees. 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 that the City Council adopt Resolution 2009 -045 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A MODIFICATION TO SPECIFIC PLAN SP 08 -01 AND CONDITIONS OF APPROVAL OF CITY COUNCIL RESOLUTION 2008 -034 (CASE NO'S: SPECIFIC PLAN (SP 08 -01); LOCATION: 3427 -3421 BALDWIN PARK BLVD.; APPLICANT: D.C. CORPORATION). MODIFIED CONDITIONS OF APPROVAL - RESOLUTION 2008 -034 (a) The subject property shall be developed and maintained in substantial accordance with Exhibit "A" and Exhibit °B," dated June 4, 2008 except as modified herein; and (b) Electric garage door openers shall be provided for each unit; and (c) Sectional roll -up garage doors shall be provided for each unit; and (d) Each structure shall be pre -wired for security /alarm system and include motion sensor external lighting at all entrieslexits and garages; and (e) The applicant shall install public improvements as required by the Engineering Division and County Fire Department; and (f) A Homeowners Association (HOA) shall be established, pursuant to state law, and Covenants, Conditions and Restrictions (CC &R's) for the HOA shall be provided to the City for review. The applicant shall reimburse the City for the costs C:IAmy\AMY1W0RDIReports\Gounci1 Reports\SP 08 -01 mod #3.DOC SP 08- Ol Mod . November 18, 2009 Page 7 of 10 associated with the City Attorney review of the CC &R's. The CC &R's must be submitted to the State Department of Real Estate at the same time the Final Map is recorded. Submission of the CC &R's and Final Map may be deferred, but both documents must be recorded prior to the issuance of the first Certificate of Occupancy; and (g) The CC &R's shall include a condition requiring the HOA to be responsible for the removal of any graffiti visible from the public right -of -way immediately or within 24 hours after notice from the City or if not done, then the City will have the right to remove it and seek recovery of that cost from the HOA ; and (h) The applicant shall construct the project according to the most recent Edition of the Uniform Building Code as adopted by the City; and (i) The Landscaping and Irrigation Plan shall be submitted for review and approval following building plan check acceptance. Installation must be completed and inspected prior to the issuance of a Certificate of Occupancy. Once installed, all landscaping must be continually maintained and preserved in accordance with the approved landscape and irrigation plan, No trees shall be removed without good cause, and only with prior written approval by the Planning Division. All landscaping shall be automatically irrigated; and (j) The applicant shall prepare an area analysis, in accordance with Chapters 3 and 5 of the California Building Code 2007 (CBC), depicting types of occupancies, depicting allowable area and proposed area for each building; and (k) The applicant shall show all required occupancy separations, if any; and (1) The applicant shall provide exit analysis drafted in accordance with CBC Chapter 10, depicting all required exists and travel distance for all exists; and (m) The applicant shall comply with the accessibility requirements of the CBC; and (n) The applicant shall obtain the following approvals prior to applying for Building Permits: 1. Approval from Planning Division 2. Approval from Engineering /Public Works Department 3. Approval from Fire Department (o) The design shall meet the requirements of the CBC and latest adopted City of Baldwin Park building ordinance, in effect at the time of building permit application date; and (p) The applicant shall provide to the City complete Architectural, Structural, Electrical, Plumbing, Mechanical, and Title -24 California Energy plans and reports. Plans must be prepared by architects and/or engineers licensed in the State of CAAmylAMMORD1ReportslCouncil ReportslSP 08 -01 mod #3.DOC SP 08- 01Mod. November 18, 2009 Paae 8 of 10 California. Two sets of plans and two sets of reports (energy reports, structural calculation, soils reports, etc.) must be submitted when applying for a building permit; and (q) The applicant shall submit building pad certification if this project requires grading work. Pad certification is required prior to issuance of a building permit; and (r) The applicant shall submit a copy of the recorded parcel map if this project requires a parcel map. Parcel map must be recorded prior to building permit issuance; and (s) The applicant is responsible for contacting the City to inquire about and submit all development fees required for this project, which shall be paid at the time a building permit is sought and/or prior to issuance of the Certificate of Occupancy. The applicant shall be required to pay the fees in accordance with the letter dated September 11, 2009 (see Attachment #5). This provision in no way limits the City's ability or authority to impose applicable fees not herein listed. The applicable fees may include but are not limited to the following: Building permit fees Plan check fees Planning Department fees Engineering 1 Public Works fees School fees. Fees imposed by other agencies Quimby Fee Public Art Fee Traffic Impact Fee Flood Control Fee Mitigation Fees (t) The applicant shall meet all conditions of the Los Angeles County Fire Department prior to recordation. A written notification or approval plan from the Fire Department must be submitted to the City; and (u) All conditions of the Subdivision Map Act shall be met, including those as identified by the City's Engineering Division at Attachment #8; and (v) The Final Map shall be recorded prior to the issuance of the first Certificate of Occupancy (see condition f); and (w) The applicant shall red curb (paint) the eastbound approach to the intersection (to 100 feet back of the limit line) on Foster Avenue at the intersection with Baldwin Park Boulevard; and (x) The applicant shall install a detector loop in the right turn lane at the limit line along Foster Avenue at the intersection with Baldwin Park Boulevard; and CAAmylAMMORD1Reports\Council Reports\SP 08 -01 mod #3.DOC SP 08 -01 Mod, November 18, 2009 Pa e9of10 (y) The applicant shall provide a cash deposit in the amount of $60,000 to the Engineering Division for the future installation of a traffic signal at the Foster Avenue /Frazier Street intersection. A letter of credit in the amount of $60,000 may be substituted for the cash deposit, however, a $60,000 cash deposit shall be required prior to any issuance of a Certificate of Occupancy, unless the traffic signal has been constructed; and (z) A demolition permit, grading permit, block wall building permit and off -site improvements permit may be issued prior to final map recordation. All other building and construction permits shall not be issued until the final map has been recorded; and (aa) The applicant and owner shall be responsible for providing qualifying documentation to the City's Housing Authority for the three (3) moderate- income units. The City's Housing Authority shall have eight (8) business days to approve the application or deem the application package incomplete and submit comments to the applicant and owner. Documentation and approval of the proposed home buyer must be completed prior to the issuance of a Certificate of Occupancy for the identified moderate - income units; and (bb) Payment of all applicable Impact Fees for each phase shall be calculated in accordance with City Council Resolution at a market rate for each unit within each phase of development, and (cc) Impact Fees for each phase of development must be paid in full prior to the issuance of the last Certificate of Occupancy for the applicable phase and prior to beginning construction of the next phase of development. In the event any phase is commenced but not completed (i.e., the applicant does not build every unit in a phase), the applicant remains responsible for all applicable fees and shall pay said fees immediately upon written notice form the City. For the fourth phase, the fees shall be paid before the issuance of the last Certificate of Occupancy for that phase, but no later than nine (9) months after issuance of the building permit for that phase; and (dd) The applicant shall continue to seek a construction loan and when received shall promptly notify the City and pay all impact fees in full. The applicant acknowledges at the completion of Phases 1, 2 and 3 written proof shall be provided evidencing the applicant's continued good faith efforts to seek a construction loan; and (ee) Unless the applicant commences construction of the project, approved as Development Plan (DR -37), within one (1) year after the date of approval and the applicant proceeds timely and in good faith to complete the construction, both in accordance with all conditions of approval, that approval shall become null and void and will be subject to revocation pending a hearing by the Planning Commission, or the City Council if the project had been appealed to the City Council. Furthermore, any costs associated with the revocation of the subject approval shall be paid by the applicant and/or owner; and C:\Amy\AMY1WORD1Reports\Councfl Reports\SP 08 -01 mod #3.DOC SP 08 -01 Mod. November 18. 2009 Page 10 of 10 (ff) The applicant shall sign a notarized affidavit within twenty (20) days after the entitlements are approved by the City Council stating the applicant has read and accepts all of the conditions of approval. ATTACHMENTS: #1 - Exhibit "A ", Specific Plan SP 08 -01, dated June 4, 2008 #2 - Exhibit "B ", Development Plan, dated June 4, 2008 #3 - Vicinity Map #4 - Applicant's Letter dated August 11, 2009 #5 - City's Response to Applicant dated September 11, 2009 #6 - Modified (red - lined) Conditions of Approval for City Council Resolution 2008 -034 #7 - Modified (red - lined) Specific Plan (SP 08 -01) #8 - Subdivision Comments from the Public Works Department #9 - Application Form #10 - Resolution 2009 -045 C:1Amy\AMY1WORDIReporis\Couneil ReportslSP 08 -01 mod #3.DOC ATTACHMENT #1 Exhibit "A °, Specific Plan SP 08 -01, dated ,dune 4, 2008 III lb U s June 4, 2008 LOCATION: 3427 -3441 Baldwin Park Blvd. APPLICANT: D.C. Corporation SPECIFIC PLAN SP 08-0'1 1.0 INTRODUCTION 1.1 PURPOSE AND INTENT This Specific Plan ( "Plan" or "Specific Plan ") is enacted in accordance with Section 65450 of the Government Code of the State of California and other applicable law. The purpose of this Plan is to provide for the development of a 52 unit multi -level residential development on certain real property to which this Plan applies. The Plan as such, will allow the site to be developed in accordance with the City's adopted General Plan, Multi - Family Residential Design Guidelines and applicable provisions of the City's Municipal Code. The Design Review Committee has evaluated the project based on architectural design, aesthetic quality, compatibility of design with adjacent land uses, conformance with the General Plan and all adopted development standards, design guidelines and development agreements. The density requirements, development standards, land use restrictions and changes to design guidelines identified in this Specific Plan are intended to replace requirements and take precedence over the City's Zoning Ordinance within the Specific Plan Area. The Specific Plan shall govern any proposed development within the Specific Plan Area. In such cases where the Plan is silent the City's Municipal Code and Zoning ordinance shall apply. This Specific Plan addresses issues relating to land uses, specific development standards relating to residential development, design, building type and scale giving nearby property owners and developers certainty and incentives to improve the existing built environment and increase overall investment. 1.2 LOCATION AND SETTING The subject property is located near the northwest corner of Baldwin Park Blvd. and Foster Ave, The property has primary frontage along Baldwin Park Blvd, with a secondary frontage along Foster Ave. and contains approximately 117,845 square feet (2.7 acres) of lot area ( "Specific Plan Area" or 'Plan Area "). Properties located to the north and west of the site are zoned R -1 (Single- Family Residential) and developed with single - family residences. The property located to the south and east (northwest corner of Baldwin Park Blvd. and Foster St.) is currently developed with a 2 and 3 story apartment complex and is zoned RG, Residential Garden. Properties at the southwest corner of Baldwin Park Blvd. are also zoned RG, Residential Garden and are developed with a mixture of single - family and multi- family residences. Properties located on the east side of Baldwin Park Blvd. are zoned and developed with single - family residences. These properties, including the Plan Area, are not within a Redevelopment Project Area. . 2 The Plan Area is currently an abandoned mobile home park with 14 existing mobile homes, A single- family dwelling unit also exists on the northern parcel along Baldwin Park Blvd.; all structures will be demolished to accommodate the new development. In addition, the City Council approved by Resolution (Resolution No. 2007.009) the Relocation Impact Report on February 7, 2007. All necessary shopping, medical, commercial, recreational and transportation facilities are conveniently located within a' /2 mile or are easily accessible by frequently operating public transportation provided by the Metropolitan Transit Authority (MTA), Foothill Transit and the City's fixed -route shuttle. The nearby 1 -10 San Bernardino Freeway provides additional access to downtown Los Angeles. All utilities are available adjacent to the site on Baldwin Park Blvd. and f=oster Ave. and are adequate to serve the proposed development with minimal off -site improvements. An existing fire station (Station 29) is located within 2 miles north of the site and fire hydrant access throughout the site is or will be provided per the Los Angeles County Fire Department regulations within 150 feet of all portions of the development. Baldwin Park City Hall, with all of its administrative and public facilities and Police Department are located approximately 1.5 miles from the proposed development. The post office is also located within 2 miles of the site. The Los Angeles County Public Library is located within 1 mile of the site. Recreational and leisure opportunities are provided by parks and facilities conveniently located throughout the city. There are six (6) parks located in the City, providing approximately 27 acres of open space. These parks include one community park, four neighborhood parks and one baseball park. The following table illustrates the location, acreage, amenities and type of recreational resources available to the community. in addition, the County of Los Angeles operates regional parks in surrounding cities. City Park/Facility Acres Amenities Morgan Park 12 Community Center, Senior Center, pool, multipurpose sports courts, playground equipment, small amphitheater, picnic benches Barnes Park 5.6 Community Center, Playground, field sports Central Park West 16 Teen Center, Skate Park, sports courts, playground equipment, tot lot Roadside Park 2 Picnic Benches Walnut Creek Nature Park 4 Passive recreation, tot playground, covered picnic areas S hre Park 1.1 Baseball Field, passive opens ace 2.0 ENVIRONMENTAL REVIEW AND COORDINATION This Specific Plan was prepared in coordination with an environmental review and assessment process conducted by the City. As a result of that assessment, it has been determined that the Specific Plan will not have a significant impact on the environment, and a Draft Mitigated Negative Declaration of Environmental Impact has been prepared. 3 3.0 LAND USES The City maintains discretionary authority for many types and aspects of land development projects. Compliance with land use development standards for this project within the Plan Area will be required as part of Planning Commission and/or City Council review of development applications, Permitted uses allowed pursuant to this Plan shall be: - Multi - Family Residential 4.0 DEVELOPMENT STANDARDS PURPOSES AND INTENT The provisions of this Plan have been established to provide for the orderly development of the Plan Area. Application of the Plan is intended to protect the health, safety, and welfare of the community. In order to provide relief and allow deviations from the development standards and Zoning Code requirements the following control mechanisms shall be applied, As to all issues wherein this Plan is silent, the City's codes and ordinances and codes shall apply 4.1 DEVELOPMENT STANDARDS — DEVELOPMENT PLAN (SITE PLAN) The following development standards shall apply to the overall residential development within the Plan Area. 4.1.01 MAXIMUM DENSITY The site plan attached hereto and incorporated herein by this reference identifies the boundaries for a multi - family residential development. The density shall not exceed 19.2 units per acre, Maximum Existing Proposed New Density Zoning Code Zoning Code Requirement Requirement Multi- Family 20 dwelling 20 dwelling Residential units /acre units /acre maximum maximum 4.1.01 YARD AREAS (Setbacks) The following required yard areas shall be observed: Front Yards: Baldwin Park Blvd. — 7 feet minimum Foster Ave. — 11 feet minimum Side Yards: 10 feet minimum Rear Yards: 10 feet minimum 4 Specific Plan 19.2 dwelling units /acre maximum Yard Areas Existing Proposed New Specific Plan (Setbacks) Zoning Code Zoning Code Requirement Requirement (Front) 450 s.f. 500 s.f. Not permitted East - Baldwin 20 feet 20 feet 7 feet (raised patio)1 Park Blvd. 13 feet (primary Two- bedroom 850 s.f. 900 s.f. building) South - Foster 20 feet 20 feet 11 feet (raised patio) Ave. 1,050 s.f. 1,1.00 s.f. 122 feet (primary Units building) (Side) 1,200 s.f. 1,300 s.f. 1,905 s.f. North - Adj. To 20 feet 20 feet 10 feet R -1 Zone ( Rear) West - Adj. To 20 feet 20 feet 10 feet R -1 Zone (Side) South - Adj. To 10 feet 20 feet 10 feet Foster Ave and R -G Zone All setback areas are required to be landscaped in accordance with the required Landscaping and Irrigation Plan. Mailboxes shall not be located within the parkways (public right -of -way) along Baldwin Park Blvd or Foster Ave. and shall be provided and grouped together (gang boxes) on-site outside of the setback areas. 4.1.02 MINIMUM FLOOR AREAS -- Each dwelling unit shall have and maintain minimum gross floor areas, excluding private patios, balconies and garages as follows: Number of Existing Proposed New Specific Plan Bedrooms Zoning Code Zoning Code Re uirement Requirement Efficiency Units 450 s.f. 500 s.f. Not permitted One - bedroom 650 s.f. 700 s.f. Not permitted Units Two- bedroom 850 s.f. 900 s.f. Not permitted Units Three - bedroom 1,050 s.f. 1,1.00 s.f. 1 1,471 s.f. Units Four - bedroom 1,200 s.f. 1,300 s.f. 1,905 s.f. Units 5 4.1.03 BUILDING LENGTH AND HEIGHT No building or structure shall be constructed in excess of 204 feet in length. No building or structure shall be constructed of a height exceeding 3 stories or 35 feet. Building Height Building Length Existing Proposed Specific Existing Proposed Specific Zoning Code New Zoning Plan Zoning Code New Zoning Plan Requirement Code Requirement Code Requirement Re uirement 27 feet 35 feet 35 feet 125 feet 125 feet 204 feet 4.1.04 OPEN SPACES Private Open Space - Each dwelling unit shall provide private open space areas in the form of a balcony or a porch having access from the main dwelling unit. All balconies and porches shall be substantially enclosed by a solid wall or rail at least 48 inches in height and shall have a minimum of 100 square feet in area with a minimum dimension of 8 feet and a vertical clearance of not less than 8 feet, Items that may be stored on the balcony shall be limited to patio furniture, potted plants, and outdoor bar -be -que, which shall be addressed in applicable CC &R's, Existing Zoning Code Proposed New Zoning Specific Plan Requirement — Private Code Requirement — O en Space Private Open Space Minimum 100 s.f. per unit Minimum 200 s.f, per unit Minimum 100 s.f. per unit Common Open Space - All residents shall be provided with common open space areas conveniently located throughout the Plan Area as follows: Existing Zoning Code Proposed New Zoning Specific Plan Requirement -- Common Code Requirement — Open Space Common Open Space Minimum 200 s.f. per unit (52) = 10,400 s.f. minimum Minimum 250 s.f. per unit (52) = 13,000 s.f. minimum Minimum 237 s.f. per unit (52) _ 12,318 s.f. Amenities shall include water fountains, picnic tables and benches, bar -be -que stands, decorative trellises, and a tot lot. A total of four (4) decorative water fountains shall be provided throughout the Plan Area. Each of the two inner courtyard areas shall include at minimum a 10' X 10' fountain. Two additional water fountains with shaded seating enclaves shall be provided between buildings and within pedestrian walkways. 6 Except for the perimeter fencing along shared property lines, the common open space areas shall not be enclosed and shall be free of any perimeter fencing. 4.1.05 PARKING Parking for the Plan shall be provided on site and located within the Plan Area and not visible from the public right -of -way. Each unit shall provide a 2 -car garage that is independently and privately accessed. A minimum of twenty -six (26) guest parking spaces shall be provided and shall be grouped within the designated areas throughout the site and shall be easily accessible. Parking Existing Zoning Code Requirement Proposed New Zoning Code Requirement Specific Plan Private; 2 -car garage per unit 2 -car garage per unit 2 -car garage per unit Guest: 3/ space per unit with 1 space l 3 dwelling 1 space 12 dwelling 3 bedrooms '& 1'/ units (18 total units (26 total space per unit with 4 spaces) spaces) bedrooms (41 total spaces) The minimum dimension for a guest parking stall shall be 8'6" X 18'. Guest parking signs shall be provided for each guest parking area and shall not exceed 22" X17" in size. 4.1 A6 ARCHITECTURE The architecture for the entire development shall be that of an urban contemporary theme. Design shall be distinctly California Urban with contemporary geometric shapes accented with gentle curves and decorative fagade trims. Raised front porches, balconies and decks, oversized windows, double patio doors and wrought iron railings shall be provided. Classic stucco finishes combined with natural stone trim with polished metal front door overhangs and clean building lines shall depict a modern, technology based influence. 4.1.07 PEDESTRIAN ORIENTATION Buildings along Baldwin Park Blvd. and Foster Ave. shall be located so as to provide pedestrian access from the street. A five -foot wide pedestrian walkway with dense landscaping shall be provided along the perimeter of the project area to provide access to the individual units and linkage to the common open space area throughout the Plan Area. 7 4.1.08 CIRCULATION Primary vehicular ingress and egress to the site shall be provided from Foster Avenue. Pedestrian access entries shall be provided along Baldwin Park Boulevard. and Foster Avenue. The common driveway width and parking areas shall be designed to meet Fire Department requirements and to avoid any potential circulation issues. 4.1.09 LIGHTING/SECURITY The outdoor lighting system shall be compatible with the architectural theme of the structures and shall enhance the building design and adjacent landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. All lighting shall be designed and installed to minimize illumination onto adjacent properties. Parking lot lighting and exterior building lighting shall be shielded and directed downward to prevent spillover lighting. Excessive brightness shall be prohibited. Security lighting, including but not limited to, motion sensor lights shall be installed throughout the Plan Area to provide adequate lighting. Lighting shall be installed at all entryways, parking areas, common open space areas, residential front doors and garages. All proposed lighting shall be reviewed and approved by the Planning Division prior to installation. The Police Department shall likewise review and approve all proposed lighting to ensure that any and all potential safety issues are addressed. 4.1.10 SIGNAGE Any signs throughout the Plan Area shall have sufficient scale and proportion in its design and in its visual relationship to buildings and surroundings. Every sign shall be designed as an integral architectural element of the building and Plan Area to which it principally relates. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and Plan Area to which it principally relates and shall be consistent with the architectural theme. Signage shall be subject to the City's sign permitting process and shall be limited to the following: - One (1) monument sign shall be provided within the front yard setback along Foster Ave. The monument sign may not exceed six feet in height and 80 square feet in sign face area; and - Guest parking signs shall be provided for each individual stall and shall not exceed 22" X17° in size; and - Name plates identifying addresses shall not exceed 2 square feet in size; and - Directional signs shall not exceed 3 square feet in height; and Real Estate signs shall not exceed 32 square feet in sign face area and shall be prohibited within the public right of way and the setback areas. 4.1,11 WALLS AND FENCES The development shall involve the construction of eight (8) foot high (maximum) decorative split -face block walls around the perimeter of the Plan Area. Walls shall be articulated and shall be of an earthtone color and shall incorporate decorative columns with natural stone veneers every 25 feet. The veneers used for the columns shall match that of the veneer used on the building that abut the said wall. No walls or fences shall be permitted along the street frontages of Baldwin Park Boulevard and Foster Avenue. The construction of the block walls shall be set back 15 feet from the edge of the public right -of -way (sidewalk). Plans for the location and design of said walls shall be submitted for review and approval by the Planning Division prior to submitting working drawings to the Building Division for Plan Check. All new perimeter walls shall be erected prior to the commencement of building construction. 4.1.12 REFUSE FACILITIES A minimum of two (2) trash enclosures shall be provided. Each of the enclosures shall be constructed to accommodate two (2) bins and a recycling area. Construction shall be in accordance with the standards set by the City's waste hauler (Waste Management) and shall have a minimum dimension of 10' X 20'. Both enclosures shall be designed to include a decorative wood trellis atop and shall be secured and locked such that it can only be accessed by the .city's waste hauler (Waste Management) and residents of the development. 4.1.13 LANDSCAPING The landscaping required pursuant to this Plan shall comply with the City's Landscaping Design Manual, shall be compatible with surrounding and adjacent uses. A detailed Landscaping and Irrigation Plan designed by a licensed landscape architect shall be submitted with the plan check submittal to the Building Division. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and provide shade. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation of adjacent developments. Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Plants that are hardy, harmonious to the design, and of good appearance shall be used. Drought tolerant landscaping shall be provided. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices. 0 Parking areas and circulation areas shall be enhanced with landscaped spaces containing a tree or tree groupings. Upon approval of the proposed Landscaping and Irrigation Plan by the Planning Division, the landscaped areas shall be installed and permanently maintained in accordance therewith. Said maintenence shall be included and required by the CC &Rs. All trees planted shall be a minimum size of 24" box or greater and shall be planted with deep root barriers. The four (4) trees within the two interior courtyards shall be a minimum size of 36" box and shall be planted with deep root barriers. Trees shall be spaced to provide canopy shade for the guest parking spaces. Common open space areas shall be covered by 60% shade trees. The precise size and species of trees shall be identified on the Landscape and Irrigation Plan submitted during Plan Check. 4.1.14 MAINTENANCE The Plan Area, including but not limited to, buildings and lanscaped areas shall be continuously maintained. The use of stucco, stone trim, wrought iron and other finishes must be conducive to easy maintenance and upkeep. Materials and finishes shall be selected for their durability and wear as well as their beauty. Configurations that tend to catch and accumulate debris, leaves, trash, dirt and rubbish shall be prohibited. Ongoing maintenance for the entire project site shall be addressed in detail in the CC &R's. The residential home owners association shall enforce their own CC &R's. A maintenance schedule shall be included in the CC &R's. 4.1.15 UTILITIES All existing and proposed utilities shall be underground, All existing overhead utilities along Baldwin Park Blvd. and Foster Ave. (street frontage of the project) shall be relocated underground. There shall not be any utility line that is visible. Each unit shall be serviced by an individual line and shall be accessed from the exterior and connected to the underground system. Fiber optic connections are strongly encouraged. 4.1.16 SUBDIVISION MAP LEGAL REQUIREMENTS Pursuant to state law, the City of Baldwin Park is vested in the regulation and control of design and improvements of common interest subdivisions. This development will require application and approval of a Tentative Tract Map for the conversion of three (3) lots into fifty -three (53) lots for a residential planned development (52 residential units and I common area). No lot shall be created with a width less than 20 feet and a depth less than 40 feet. im Existing Zoning Code __T_ Proposed New Zoning Specific Plan Requirement Code Requirement Width — 50 feet (min.) Width — 50 feet (min.) Width — 20 feet (min.) Depth — not identified Depth — 50 feet Depth — 40 feet (min. No subdivision shalt be approved unless those on -site and off -site improvements which are found by the City Engineer to be reasonably necessary to service the units being created are constructed or guaranteed to be constructed by the subdivider, which include, but are not limited to, the following improvements: a. Developer shall provide a domestic water distribution system that is designed and constructed to service each unit in accordance with said water provider's development standards. A loop system shall be incorporated into the design of the water system as approved by the Valley County Water District. b. Developer shall provide a sewer system designed and constructed to serve each unit in accordance with the Los Angeles County Sanitation District's development standards for said sewer systems, c. Developer shall provide a storm water drainage system designed and constructed to serve each unit. The internal system shall carry water to the main line along the Foster Ave. and shall be designed with maximum on -site infiltration as approved by the City Engineer. With prior approval of the City Engineer, partial surface storm water conveyance, where necessary, can exit onto Baldwin Park Blvd. d. Developer shall provide a private common driveway designed and constructed to serve each unit and shall meet the minimum standards as required by the Los Angeles County Fire Department. e. Developer shall provide underground systems designed and constructed to provide all necessary utilities to each unit proposed to be created, including, but limited to, facilities for water, natural gas, electricity, CATV and telephone services. Fiber optic connections are strongly encouraged. Connection panels shall be individually connected and metered. All meters shall be screened from view and protected from vehicular traffic. f. Developer shall provide a traffic regulatory system including necessary traffic signals, signs, pavement markings and stripings. g. Developer shall provide any and all other improvements found necessary by the City to provide all services to each unit. 4.1.17 SALE OF DWELLING UNITS This Specific Plan will require that the dwelling units be sold at market rate and not retained by the developer /owner for the purposes of renting or leasing. Pursuant to the conditional use permit approval, three (3) of the residential units shall be set aside for qualified moderate income households. The applicant shall be responsible for providing qualifying documentation to the Housing Authority for review and approval, prior to the issuance of a certificate of occupancy. 4.1.18 HOMEOWNERS ASSOCIATION (RESIDENTIAL) - COVENANTS, CONDITIONS AND RESTRICTIONS (CC &R's) CC &R's creating a Homeowners Association (HOA) shall be required to be submitted to the City's Planning Division for review and approval by the Planning Division, Engineering Division, and City Attorney's Office prior to Final Map approval. The CC &Rs shall require that the HOA enforce the CC &Rs and shall include all requirements as provided herein. Before the first unit is sold, the developer shall record the CC &Rs on all of the properties. The CC &Rs shall state that the CC &Rs "run with the land ", meaning that all successive buyers are bound by the same covenants as the original purchaser, 5.0 DESIGN GUIDELINES Building site and landscape design shall be in accordance with the attached Design Guidelines (Exhibit "C "). Design Guidelines are regarded as an appropriate means of advancing Plan Area Development goals. In particular, design guidelines can direct the Plan Area toward a more favorable environment by disallowing poor design solutions and encouraging superior design practices. Nonetheless, the applicable criteria are intended to express "intent" rather than absolutes, thereby allowing a certain degree of flexibility as well as promoting creativity and innovation. Deviation from the guidelines shall be considered by the Design Review Committee; however, any deviations must exhibit a superior approach to fulfilling the intent, goals, and objectives of the Design Guidelines. 6.0 IMPLEMENTATION PROGRAM The implementation of this Specific Plan will be accomplished through the City's development review process, considering development plans from concept to construction drawings, Upon adoption of the Plan, developers and/or property owners may prepare and submit plans for development within the Specific Plan Area. Development plans shall be prepared and submitted for review in conformance with the provisions of this Specific Plan and the requirements of the City's Municipal Code. Project review shall progress as follows: The City's Plan /Design Review process shall govern the approval or denial of a more fully developed design proposal, and no building permits will be issued until a proposal 12 has received approval from the City's Plan /Design Review Committee. A more complete description of this process is provided as an attachment to the City's Plan /Design Review application form, and within the City's Zoning Code (Section 153.656). Provisions for an appeal of the Design Review Committee decisions to the Planning Commission and City Council shall be in conformance with the City's Municipal Code and Section 153.661 of the City's Zoning Code. The intent of Plan/Design Review is to promote and enhance good design and site relationships in order to provide for more orderly development within the City. The overriding design principle as established by the City's Zoning Code (Section 151659.B) is as follows: "integrate the physical architectural element with the streetscape and to visually screen undesirable elements such as parking, storage, loading,- refuse collection and similar areas from the view of access streets, freeways and adjacent properties." While this is a genera[ design principle, the attached set of design guidelines are provided as a necessary means of clarifying appropriate design solutions; as well as providing a more substantial framework for the design review of project proposals. Project proposals shall also include an application for review of a Development Plan, which plans shall be considered and approved by the City Council, following a recommendation from City Staff and the Planning Commission. This procedure will follow Plan/Design Review, and precede the submittal of construction drawing to the City's Building Division for Plan Check approval. Construction drawings shall be drafted in compliance with an approved Development Plan. Any other necessary entitlements (Zone Change) will be considered in conjunction with the Development Plan. When the Tentative Map is submitted, it will be reviewed in accordance with the Specific Plan and Development Plan. 8.0 AMENDMENTS The provisions of this Specific Plan, including but not limited to, the documents attached hereto as Exhibits "A -C" inclusive, may be amended in the manner provided in Section 65450 of the Government Code as it now exists or as it may hereafter be amended. Exhibit "A" - Area Map Exhibit "B" - Land Use Diagram Exhibit "C" - Design Guidelines. 13 EXHIBIT "A" 14 Exhibit "B" 15 EXHIBIT "C" DESIGN GUIDELINES 1. Building design shall avoid large monotonous facades, long straight line building fronts, plain box shapes and barren exterior treatment consistent with the design of residential function. 2. The roof lines of individual buildings shall be varied to reduce building mass. 3, Occasional building modulation (changes in depth and direction) shall be used to provide shade, shadow and visual relief by varying setbacks and roof configurations to eliminate continuous uninterrupted walls and rooflines. 4. Building setbacks shall increase with the height of the buildings; i.e. when possible, the second story of a building should be set back further than the first floor. Alternatively, the entire building shall be setback further from the adjacent property lines. 5. The combination of one and two story elements is encouraged for three -story dwellings, with the top story setback along the front elevation, emphasizing a pleasing view from the street. 6. Driveway areas shall contain design features including landscaping and textured paving. 7. Windows, doors, stairways, balconies, chimneys and other architectural features shall be treated in a decorative manner, consistent with the overall architectural theme, to break up monotony and add variety. For example, plain aluminum frame windows shall be avoided and multi- paned, octagonal, bay, greenhouse, circular or other decorative styles should be used in their place. 8. All mechanical equipment including wall mounted utility meters and air conditioning units shall be screened as an integral part of the building design and shall be screened from public view. No screening method is to give the appearance of being "tacked on." Roof mounted equipment is prohibited. 9. Building materials shall be selected for their architectural harmony and aesthetic quality. A variety of harmonious materials shall be used to avoid monotony. For example, stucco walls should include trim of other materials such as brick, rock, tile, or wood. 10. Roofing materials shall consist of ceramic or concrete tile. Asphalt or composition shingles shall not be used. 11. Perimeter walls shall be constructed of decorative concrete block (i.e. stucco coated with brick cap or tile trim or other treatment) so as to be consistent with and complement the architectural style and colors of the building. 16 12. Natural earthtones or other colors with a subdued quality shall be used as the dominant exterior finish, Bright, garish, non - harmonious, or out of character colors shall not be used (reference Ordinance 1243), 13. Long straight pedestrian walkways shall be mitigated through off -sets, curvilinear approaches and changes in textures and/or colors. 14. Landscaping shall be an integral part of the site design. Significant mature trees shall be preserved. Berming is encouraged within the required yard areas adjacent to the street. Landscape plans should be prepared by a licensed landscape architect with extensive experience in the field of landscape design. 16. A variety of landscaping materials, textures, colors and forms shall be used, including trees, shrubs, ground cover, flowering plants, boulders, rocks, walls, textured surfaces, trellises and other elements. Drought resistant plants are required. 16, The design of all exterior light fixtures should be compatible with the architecture of the building. 17. Driveways shall contain automatically controlled lighting, 18. Street lighting along Baldwin Park Blvd. and Foster Ave, shall be compatible with the street light standards of the City of Baldwin Park. 19, Front yard fencing along Baldwin Park Blvd. and Foster Ave. is prohibited. Chainlink fencing is prohibited. 20. A certified copy of this Specific Plan and Development Plan shall be provided to all future homeowners within the "Project" area. 17 ATTACHMENT #2 Exhibit "B ", Development Plan, dated June 4, 2008 TZ In MEMO, Oo .4, 4 w ...... .... TZ wr �� -�� Illlljl � , 1 0 M�Mmmm 11 ___I1' '1 - -- T-__ -____ vrvvvQ - - - - - - - - - - - - _4- _____, - - - - - -- L - mp jfQa 0 -zoo 0 In Alm JIM tj g. UPS=Jay G UPS 8 z CHI Saw, too A g:L TZ In MEMO, Oo .4, 4 w ...... .... TZ wr �� -�� Illlljl � , 1 0 M�Mmmm 11 ___I1' '1 - -- T-__ -____ vrvvvQ - - - - - - - - - - - - _4- _____, - - - - - -- L - mp jfQa 0 -zoo 0 In Alm JIM tj g. UPS=Jay G UPS 8 z Saw, too A g:L c! Nz F. A ig girl 121 ARM " .1 � 1. _ Rps RIW2 sit TZ In MEMO, Oo .4, 4 w ...... .... TZ wr �� -�� Illlljl � , 1 0 M�Mmmm 11 ___I1' '1 - -- T-__ -____ vrvvvQ - - - - - - - - - - - - _4- _____, - - - - - -- L - mp jfQa 0 -zoo 0 In Alm JIM tj g. UPS=Jay G UPS 8 z M1 u out z 1,101 11 too g:L c! Nz ENO 121 Rps RIW2 sit E E, M1 u out z 1,101 11 to M mo : lM ml ry O FT*r too LF Rps RIW2 E E, E4 Q. to M mo : lM ml ry O FT*r ATTACHMENT #3 Vicinity Map 11 0 Suoject Property rill fill PLANNIN & Vicinity IDIVISIC) Map CASE NO.: SP 08 -01 and Resolution 08 -034 ADDRESS: 13637 -34 Foster Avenue and 3427 -41 Baldwin Park Blvd. DATE: November 18, 2009 Q Not to Scale ATTACHMENT #4 Applicant's Letter dated August 11, 2009 DC CORPORATION 1773 San Bernardino Road West Covina, CA 91790 August 11, 2009 Dear City Manager, RECEIVED mz I ZN9 AGITY coUINUL The purpose of this letter is to request charges to the Conditions of Approval and the Specific- Plan for our project at 3427 Baldwin Parr Blvd, Tract 61747. It has been a year since our project was approved by the City Council. It has been a very difficult and tumultuous year due to the shrinking economy and constricting financial markets. However, after the long delay we believe the best course of action for this project is to proceed with phased construction. In the- current economy a construction loan, for building townhomes is impossible. We have tried and have had many loan brokers attempt the sane. To keep our employees and the hundreds employed by our subcontractors working, many of whom are Baldwin Park residents where unemployment is 16 %, we have decided to proceed out -off pocket. To accomplish this we are respectfully requesting that the City DEFER certain permits and fees until we sell the first Phase homes. We are responsible for contacting the Cit}, to inquire about and submit all development fees required for this project, which shall be paid at the time a building pen-nit is sought and prior to occupancy. The fees may include but are not iii - ited to the following: Building permit fees Plan Check fees . Planning Department fees Engineering/Public Works-fees School fees Fees imposed by other agencies Quimby Fee Public Art Fee Traffic Impact Fee Flood Control Fee Mitigation Fees Woiawc requesting that all fees required by the School District and other agencies be paid in accordance with their requirements. All City fees will be divided appropriately amongst the fifty-two units and paid to the City through Escrox v at the time of closing. Deferring is key; we are not asking the City waive or forgive any permits or fees, we know the City is impacted by the economy just as we are. We are asking that the fees be deferred until we are better able to pay them. In addition to deferring some permits and fees we are requesting modification of some of the Conditions of Approval and elements of the Specific Plan. The primary result of thesc modifications will be to expedite initiation of the construction. The requested modifications are: Conditions of Approval 1. Current. CC &Rs must be reviewed and approved by the City Attorney prior° to map recordation. Pro osed. CC &Rs must be reviewed and approved by City Attorney prior to issuance of certificate of occupancy. 2. Current. That a landscape and irrigation plan must be designed by a certified landscape architect and submitted for review and approval to the Planning Division prior to the City's acceptance of building construction plans for Plan Check., Proposed. That a landscape and irrigation plan must be. submitted, approved and installed prior to issuance of a certificate of occupancy. 3. Current. All building and construction permits shall not be issued until the final map has been recorded Proposed. Building and construction permits shall be issued upon completion of approved plans. Foundation plans may be issued by Building Official upon completion of that portion of the plan check. 4. Current. That the applicant shall be responsible for providing qualifying documentation to the City's Housing Authority far the three (3) moderate income units, prior- to the issuance of a certificate of occupancy for those three units. Proposed, That the applicant shall be responsible for providing qualifying documentation to the City's Housing Authority for the moderate income units. The City's Housing Authority shall have four (4 j business days to approve, or submit written comments to the applicant or the documentation is eem, accepted. Specific Plan. Walls and Fences 5. Current. The development shall involve the construction of eight (8) foot high (maximum) decorative split -,face block walls around,the periazeter of the Plan Area. Walls shall be articulated and shall be of an earthtone color and shall incorporate decorative columns with natural stone veneers very 25.feet. The veneers used for the columns shall match that of the veneers used on the building that abut the said wall. No walls or fences shall be permitted along the street frontages of Baldwin Park Boulevard a),zd Foster Avenue. The construction of the block walls shall be set back 15 feet fi °om the edge of the public - righ(- of -wa}) (sidewalk). Plans for the location and design of said walls shall be submitted, for review and approval by the Planning Division prior to submitting Working drezwings to the Building Division for Plan Check. All new perimeters walls shall be erected prior to the conznzencement of building construction. Proposed. The development shall involve the construction of block walls around the perimeter of the Plwi Area. Walls shall be a maximum of ten (10) feet, measured from top of footing, acid not less than six (6) or more than eight (S) feet above finished grade. No walls or fences shall be permitted along the street frontages of Baldwin Park Boulevard and Foster Avenue. The construction of the block walls shall be set back 15 feet from the edge of the public- right -of -way (sidewalk). Plans for the location axad design of said walls shall be submitted for review and approval by the Building and Planning Division prior to submittirig working drawings to the Building Division for Plan Check. 6, Current. A detailed Landscaping and hrrigatio71 Plan designed by a licensed landscape architect shall be submitted with the plan check submittal to the Building Division. Proposed. That a landscape and irrigation plan mast be submitted, approved and installed prior to issuance of a certificate of occupancy. 7. Current. All trees planted shall be a minimurn size of 24" box or greater and shall be planted with deep root barriers. The four (4) trees within the two interior courtyards shall be a minimum size of'36" box and shall be planted with deep roo t barriers. Trees shall be spaced to provide canopy shade for the guest parking spaces. Comr ?ion open space areas shall be covered by 60% shade trees. Proposed. All trees planted shall be a minimum size of 24" box or greater and shall be planted with deep root barriers. The four (4) trees within the two interior courtyards shall be a minimum size of 36" box and shall be planted with deep root barriers. S. Current. All existing and proposed utilities shall be underground. All existing overhead utilities along Baldwin Park Blvd, and Foster (street frontage of the project) shall be relocated underground. There shall not be any utilio, line that is visible. Each unit shall be serviced by an individual line and shall be accessed from the exterior and connected to the underground system. Fiber optic connections are strongly encouraged. Proposed. All proposed utilities shall be underground. All existing overhead utilities along Baldwin Parr Blvd.. (Property - line -to property -fine street frontage of the project) shall be relocated underground. Each unit shall be serviced by an individual service and shall be accessed from the exterior and connected to the underground system. Fiber optic connections are stxongly encouraged. 9. Current. Developer shall provide any and all other improvenzents found necessary by the City to provide all services to each unit. Proposed. Delete sentence. 10. Current. This Specific Plan will require that the dwelling units be sold at market rate and not retained by the developerlowner for the purposes of renting or leasing. Pursuant to the conditional use permit approval, three (3) of the residential units shall be set aside for qualified moderate income households. The applicant shall be responsible for providing qualifying documentation to the Housing Authority for° revietiv and approval, prior to the issuance of a certificate of occupancy. Proposed. Pursuant to the conditional use permit approval, three (3) of the residential units shall be set aside for qualified moderate income households. The applicant shall be responsible for providing qualifying documentation to the Housing Authority for the moderate income units. The City's Housing Authority shall have four (4) business days to approve or submit written comments to the applicant or the documentation is deemed accepted 11. Current. CC&Rs creating a Homeowners Association (HOA) shall be required to be submitted to the Cio)'s Planning Division for review and approval by the Planning Division, Engineering Division, and City Attorney's Office prior to Final Hap approval. The CC&Rs shall require that the HOA enforce the CC&-Rs and shall include all requirements as provided herein. Proposed. CC &Rs creating a Homeowners Association (HOA) shall be required to be submitted to the City's Planning Division for review and approval by the Planning Division, Engineering Division, and City Attorney's Office CC &Rs must be reviewed and approved by City Attorney prior to issuance of certificate of occupancy. The CC &Rs shall require that the HOA enforce the CC &Rs and shall include all requirements as provided herein. It is important to note that although our proposals do delay some events, they do not cost the City any money and do not require the waiver of any standards or safeguards, use realize that this request will require further discussion, we welcome such dialog and request a meeting to do so at your earliest opportunity. Sincerely, lloll COOIC� ATTACHMENT #5 City's Response to Applicant dated September 11, 2009 BALDWI IJ September 8, 2009 D,C, Corporation Attn: Don Cook 1773 W. San Bernardino Rd., Suite B -41 West Covina, CA 91791 Re: Bella Vita Court Specific Plan — Tract Map 61747 (SP 08 -01 & Resolution 2008 -034) 3427 Baldwin Park Blvd., Baldwin Park, CA 91706 Dear Mr. Cook: In response to your letter dated August 11, 2009 and per our meeting on August 31, 2009, city staff has reviewed and evaluated your requests and will be making a recommendation for approval to the Planning Commission in reference to modifications to the condition of approval contained in Resolution 2008 -034 and the deferments of payment of impact fees. However, prior to moving forward, all outstanding past due fees shall paid in full. These fees include: 1) The Los Angeles County Fish and Game Fee in the amount of $2,068.00; and 2) The Final Tract Map Fee in the amount of $7,400,00. A. FEES Your request includes deferred payment of all fees, Fees are classified under three categories: 1) Fees to other Agencies; 2) Fee for City services; and 3) Impact fees. 1) Fees to other Agencies: These fees are beyond the city's jurisdiction and cannot be changed or deferred. They include: • Baldwin Park Unified School District Fees • Los Angeles County Sanitation Fees • All other agencies not associated with the City. 2) Fee for City services: These fees are being charged to cover expenses processing applications, inspection costs and pass - through cost of providing services. These CITY OF BALMVIN PART: • 14403 EAST PACIFIC AVENUE BALDWIN PAP.K • CA • 91706 (626) 960 -4011 FAX (626) 962 -2625 as Page 2 fees that cannot be changed or deferred and are required to be paid in full when service is rendered. However, these fee s will only be charged for the portion of the work necessary for each phase of construction. Please, see attached fee detail for each phase of construction. These fees include: • Building Plan Check fees • Building permits fees Planning Division Fees Ian check fees • Public Works /Engineering Fees (which include subdivision fees, p and permit fees). be 3) impact Fees. Acceptance of these fees paid on a unit basis as equ these cannot be processed and these fees must be paid. in full. However, deferred up until the issuance of a certificate of occupancy. These fees will only be charged for the portion of the work necessary for each phase of construction. They include: • Quirnby Fees • Public Art Fees • Flood Control Fees • Traffic Impact Fees Please note: 1. The Building Division will not issue any building permits unless final approval is received from the Los Angeles County Fire Department, the Planning Division and the Engineering Division. 11. plan check Any plans submitted for after December 31, 2010 shall be subject to the new California Green Building Code requirements. B. CONDITIONS OF APPROVAL In reference to your request for modifications to the conditions of approval, the following are staff recommendations in tine order identified on the August 11, 2009 letter. 1. The CC &R's must be submitted to the State Department of Real Estate at the same time the Final Map is .recorded. Submission ceco recorded (&o the issuance and aaf) the first deferred, but both documents mu prior Certificate of Occupancy. 2. The requirement for a certified Landscape architect may be waived. Landscaping and Irrigation Plan shall be submitted for review and approval following building plan check acceptance. Installation must be completed and inspected prior to the issuance of a certificate of occupancy. e3 3. The Final Map shall be recorded prior to the issuance of a Certificate of Occupancy. (see Note #1), 4. The applicant shall be responsible for providing qualifying documentation to the City's Housing Authority for the three (3) moderate income units. The City's Housing Authority shall have eight (8) IDusiness days to approve the application or deem the application package incomplete and submit comments to the Applicant. Documentation and approval of the prolDosed applicant must be completed prior to the issuance of a Certificate of Occupancy foi' the identified moderate income units. In reference to your request for modifications to the Specific Plan, the following are staff recommendations in the order identified on the August 11, 2009 letter. 5. The development shall involve the construction of block walls around the perimeter of the Plan Area. Walls shall be a maximum of ten (10) feet, measured from top of footing, and not less than six (6) feet or more than eight (8) feet above finished grade; Wall height must be in compliance with Section 153.324(b) of the City's Municipal Code. Articulation in the wall must be provided, at a maximum, every forty (40) feet. Articulation must be in the form of pilasters or, offset every forty (40) feet maximum and must be differentiated with a contrasting texture and color from the main wall areas. Walls and pilasters must be finished with an earth tone colored texture coat. All walls and pilasters shall have a decorative cap subject to approval by the Planning Division. No walls or fences shall be permitted along the street frontages of Baldwin Park Boulevard and f=oster Avenue. The construction of the perimeter block walls shall be set back fifteen (15) feet from the edge of the public right -of -way (sidewalk). Plans for the location and design of said walls shall be submitted for review and approval by the Building and Planning Division prior to obtaining building permits for said wall. 6. A Landscaping and Irrigation Plan may be submitted for review and approval after plan check (see Note #2). 7. All trees planted shall be a minimum size of 24" box or greater and shall be planted with deep root barriers. The foul' (4) trees within the two interior courtyards shall be a minimum size of 36" box and shall be planted with deep root barriers. Trees in the guest parking areas shall be of a species to provide substantial canopy cover after 5 years of maturity. 8. All existing and proposed utilities shall be underground. All existing overhead utilities along Baldwin Park Blvd. (property line to property line street frontage of the property) shall be relocated underground. Each unit shall be serviced by an individual service and shall be accessed from the exterior and connected to the underground system. Fiber optic connections are strongly encouraged. For the Page 4 undergroun6ng of the overhead utilities along the Foster Avenue portion of the property, the City may accept a payment in -lieu as determined by the City's Engineering Division. The payment in -lieu shall be prorated along that portion of the subject property which fronts the east side of Foster Avenue, 9. Developer shall provide any and all other improvements found necessary by the City to provide all services to each unit. Sentence will be deleted. 10.This Specific Plan will require that the dwelling units be sold at market rate and not retained by the developerlowner for the purposes of renting or leasing. Pursuant to the conditional use permit approval, three (3) of the residential units shall be set aside for qualified moderate income households. The applicant shall be responsible for providing qualifying documentation to the City's Housing Authority for the three (3) moderate income units. The city's Housing Authority shall have eight (8) business days to approve the application package or deem the application package incomplete and submit comments to the applicant. Documentation and approval must be completed prior to the issuance of a Certificate of Occupancy for the units specified for moderate income. (See Note #f4) 11. The CC &R's must be submitted to the State Department of Real Estate at the same time the Final Map is recorded (see Note #1). Therefore, the following language applies: CC &R's creating a Homeowners Association (HOA) shall be required to be submitted to the City's Planning Division for review and approval by the Planning Division, Engineering Division, and City Attorney's Office prior to the certificate of occupancy. The CC &Rs shall require that the HOA enforce the CC &Rs and shall include all requirements as provided herein. C. APPLICATION PROCESSING Changes to the approved conditions of approval contained in the Resolution 2008 -034 and the modifications to the Specific Plan (SP 08 -01) must be submitted for consideration before the City's Planning Commission and City Council. Therefore, an application to accompany your written request received on August 11, 2009 and the applicable filing fee of $1,000.00 shall be submitted to the Planning Division as soon as possible or prior to September 14, 2009 in order to place the request on the October 14, 2009 Planning Commission Meeting and in order to meet the CEQA noticing. Should you agree to these modifications, this letter will supersede your letter dated August 11, 2009 and become pant of your entitlement application request. Please sign below and return with your entitlement application package. Don Gook D.C. Corporation Page 5 Should you have any questions or need clarification, please contact me at (626) 960 -4011 ext. 475 or by e -mail at AHarbin @baldwinparlc.com. Sincerely, COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT Amy L. Har in City Planr4e Planning Division Enc.: Letter dated August 11, 2009 Resolution 2008 -034 Bella Vita Court Specific Plan (SP 08 -01) cc: Vijay Singhal, CEO Marc Castagnola, Community Development Manger William Galvez, Public Works Director ArnylHarfmj C:�ty.lar3r�er r.t._.. Gene Logan, Building Official Suzie Ruelas, Housing Manager Case File The following attachments are separated in Phases. Each Phase identifies Building Division Foes and Planning Division Fees. The Planning Fees are based on valuations received from the Building Division. Pease be aware that the Flood Control Mitigation Fee is an approximation. Staff will provide a breakdown of the Quimby Fee once a recent land appraisal of the property is €' eceived. CITY SERVICE AND IMPACT FEES Phases Phase 1 Building Division: - Plan Check Fee Permit Fees Planning Division - Traffic Congestion Mitigation Fee - Flood Control Mitigation Fee - Public Art Fee - general Plan /Technology Fee Total Phase 1 Phase 2 Building Division: - Plan Check Fee - Permit Fees Planning Division - Traffic Congestion Mitigation Fee - Flood Control Mitigation Fee - Public Art Fee - General Plan/Technology Fee Total Phase 2 Phase 3 Building Division: - Plan Check Fee - Permit Fees Planning Division Traffic Congestion Mitigation Fee - Flood Control Mitigation Fee Public Art Fee - General Plan/Technology Fee Total Phase 3 Due at Permit $50,695.68 $77,063.06 27,758.74 $16,609.70 $42,093.18 $58,702.88 $34,142.96 $63,994.29 $98,137.25 Due atCofO $839.25 $13,882.50 $29,700.80 $14 $59,272.95 $466.25 $7,338.60 $16,724.74' $8,362.37 2,891.96 $652.75 $11,250,00 $25,261.30 $12,630.65 $49,794.70 CITY SERVICE AND IMPACT FEES Phase 4 Building Division: - Plan Check Fee - Permit Fees Planning Division - Traffic Congestion Mitigation Fee - Flood Control Mitigation Fee - Public Ail Fee _rdrA�a3 Pl; n/TPr:hnoloav Fee Total Phase 4 $29,737.42 $37,115.11 $66,852.53 '.Engineering Fees for TM -61747 - Easement Deed $507.00 - Easement Checking $507.00 - Monument Inspection $507.00 - Consistency Fee $407.00 - Encroachment Permit and $357.00 Inspection Fee Total $2,285,00 $466.25 $6,660.00 $15,298,90 $7 $30,074.60 1111 1 it 11 Ali Ill 1111 I md II JS — — ---- — — — — — — — _- -_---- _— _-- «.— __-- -- — I 4 — — — — — — — — — — — — — — - M D CFFMI�11 R K Im KI 1r, STM 4U, II JS — — ---- — — — — — — — _- -_---- _— _-- «.— __-- -- — I 4 — — — — — — — — — — — — — — - M D CFFMI�11 R K " , Ov D jz E M D STM 4U, M'. te 11 4T. 9 ik " , Ov D jz m 0 cz r- m 1-0 >1 IfV ti ik m 0 cz r- m 1-0 >1 IfV ti DC CORP, 52 UNIT TOWN HOMES 812712009 G PLEX-2 BLDG DISCIPLINE 13637 FOSTER AVE BLDG BOO- 013 -645 D00- 013 -738 500 -013 -739 BOO -013 -740 BOO- 013 -741 BOO -013 -742 PLAN CHECK pFEEST PERMIT VALUATION FEES 193.93 193.93 193.93 .494.31 21452.67 2,794,51 153,868,00 2,452.67 2,794.51 153,668.00 21452.67 2,794.51 153,66$.00 2,452.67 2,794.51 153,668.00 2,452.67 2,794,51 153,668.00 2,452-671 2,794.51 153,668.00 ELECT 193.93 494.31 494.31 E00- 005 -655 193.93 193.93 193.93 .494.31 E00 -005 -656 193.93 494.31 EOD -005 -657 193.93 494.31 E00- 005 -658 193.93 494.31 EDO- 005 -659 PLUMBING P00 -004 -724 143.93 193.93 542.39 542.39 P00 -004 -725 1 0 542.39 POD- 004 -726 ,3.93 193.93 542.39 POO -004- 727 193.93 542.39 POD- 004 -728 1 °3.93 642.39 1 POO -OD4 -729 MECHANICAL M00 -003 -300 193.93 193 03 I 203.16 203.16 193.93 203.16 �IAAO(0-003-301 03 -302 a 193. 3 2D3.16 10100- 003 -303 193.93 203.16 EEE� M00 -0D3 -304 193.93 203 18 IM00 -003 -305 NIA NIA NIA 1 '18,206.76 24,206.22 922,008.00 SEWED, CONN. PERMIT NOT INCLUDED AT THIS TI ME, COULD BE APPROX $5,500 FOR ALL W 4. PLEX BLDG -1 PLAN CHECK 13639 FOSTER AVE FEES 800- 013 -668 4 2,399.90 2,399.90 BOD- 013 -743 BoD -Q13 -744 2,399,90 8D0 -013 -745 2,399.90 ELECT EOo -005 -660 E0o- 61 EOo E00- 663 PO -OD4 -730 o -004 -731 0-004 -732 4 POO -004 -733 MECHANImmoo-003-3uu 188.54 188,54 188.54 188,54 138.54 188.54 188,54 188.54 188.54 188.5.:4 188,54 1$8.54 PERMIT FEES 9 — 27529 2. 7b2 99 —. 2. 752 91 489.23 489.23 489.23 489.23 528.15 528.15 528.15 528.15 198.58 198.58 198.58 198.58 PERMIT VALUATION 149,302.00 149,302.00 149,302.00 149,302.00 NIA NIA NIA 11.862.08 15,875,48 597,208,00 MECHANICAL 4 PLEX BLDG - 2 PLAN CHECK PERMIT VE1L AMION DISCIPLINE 13641 FOSTER AVE FEES I 237.74 BLDG BOO -013 -779 2,683.13 3,223.67 3,223.67 181,358.00 181 ,358.00 B 0 -Q13 -780 2,6B3.13 2,653.13 3.223.67 181 ,358.00 80D -013 -781 2,6B3131 3,223.67 181,358.00 800- 013 -782 NIA ELECT E00 -005 -691 233 523.05 52105 EDD -005 -692 233 EOO- 005 - 693 233 523.05 fE00- 005 -694 233 523.05 PLUMBING PDQ- 004 -762 233 63829 63B.21 N)A P00- 004 -763 233 638.21 POD -004 -764 233 638.21 1P00- 004 - 765 233 MECHANICAL fv10Q -003 -337 233 237.74 237.74 NIA MOO- 003 -338 233 233 I 237.74 1000- 003 -339 233 237.74 MOD -003 -340 3.528.52 18,490.68 725,432.00 Determine Type of Use A. RESIDENTIAL Enter total number of units. Multiply Dumber of Units by 7.46 7.46 is the number of trip ends per unit. Muitipiy total number of trip ends by $6.25 96.25 is assessed per trip end. B. COMMERCIAL Enter total square foot of leasable area Divide leasable floor area by 1,000 Multiply by 242.6 242.6 is the number of trip ends p or day per each 1, 000 s. f. of floor area. Multiply total number of trip ends by $6.25 E6.25 is assessed per trip end, C. INDUSTRIAL Enter total floor area Divide floor area by 1,000 Multiply divided floor area by 5.24 5.24 is the number of trip ends per day for each 1,000 s.f. of floor area. iJiultipiy total number of trip ends by $6.25 56.25 is assessed per trip end. D. OFFICE Enter total floor area (No more than 25,OOD) Divide floor area by 1 ,000 Multiply divided floor area by 22.16 22.16 is the number of trip ends per day for each 1,000 s. f. of floor area to 25, 000 s. f. Multiply total number of trip ends by $6.25 56.25 is assessed per trip end. ..... ...........::::.,:. »::.,- :.::.: TOTAL TRAFFIC CONGESTION MITIGATION FEE: APN: ADDRESS: 18 134.28 $839.25 0 0.00 0.00 $0.00 0 0.00 0.00 $0.00 0 0.00 0.00 $0.00 $839.25 Wt FLOOD CONTROL MITIGATION I ®N Itt � FEE BALDWIN P- }{- R� K 1 j Obtain the square footage of ti-19 solid roof area of all structures within the project 15,425 $13,882.50 2) Multiply the roof area by $.90 3) TOTAL. FLOOD CONTROL MITIGATION FEE: $13,882.50 If charge is less than $50,000 4) TOTAL FLOOD CONTROL MITIGATION FEE: FALSE Maximum charge is $50,000 APN: ADDRESS: 1) 2) 3) AP Obtain the Valuation of the project from the Building Division l\flultiply the Valuation by 1 % TOTAL PUBLIC ART FEE: ADDRESS: DEVELOPMENTS SUBJECT TO PUBLIC ART FEE 1) All commercial, industrial or public development projects valued in excess of $50,000. 2) Residential developments of more than four units. EXCLUSIONS 1) Very low, low, and moderate covenanted dwelling units. 2) Residential developments of four or less units. 2,970,080 $29,700.80 $29,700.60 :11 GENERAL PLAN/TECHNOLOGY 1!1111 FEE BALD IN P- A R - K 1) Obtain the valuation of the project fs-om the Building DViSiDT"1 2) Is the valuation less than or equal to $100,000? If Yes, insert $0,00 valuation. if no, see 04 below. TOTAL GENERAL PLAN/TECHNOLOGY FEE FOR PROJECTS $0.00 3) VALUED AT $100,000 OR LESS 4) is the valuation greater than $100,000? It yes, insert valuation $2,970,080.00 TOTAL GENERAL PLAWTEGHNOLOGY FEE FOR PROJECTS $14,850.40 . 5) VALUED GREATER THAN $100,000 APN: ADDRESS Phase #1 4 FLEX BLDG -1 P PLAN CHECK P PERMIT P PERMIT D DISCIPLINE 1364 -3 FOSTER AVE FEES 110.00 198.58 NIA PLUMBING P00- 004 -734 - 110,00 198.58 P00- 004 -735 110.00 19B.58 P00- 004 -736 110.00 198.58 POQ- 004 -737 11040 198.5$ � NIA MECHANICAL M00 -003 -310 110.00 198.58 M00- 003 -311 110.00 198.58 MOO -003 -312 10.001 19B.58 M00- 003 -313 C- ,136.64 14,557.20 597,208.00 E3 PLEX - 1 BLDG PLAN CHECK PERMIT DISUPLINE 13645 FOSTER AVE FEES FEES BLDG 300 -013 -646 9,441.32 3,197.01 1300 -013 -752 1,4D 1.32 3,197.01 BOD -013 -753 1,40132 3,197.01 BOO- 013 -754 1,40132 3,197.01 B00- 013 -755 9,401.32 3,197.01 800- 013 -756 1,401.32 3,197.01 ELECT EOO- 005 -675 114.73 521.74 EOO- 005 -676 114.73 521.74 EEO- 005 -677 114.73 521.74 EOD- 005 -678 114,73 521.74 I✓00- 005 -1379 114,73 521.74 EOD- 005 -680 1 14. 73 521.74 PLUMBING POO- 004 -745 114,73 634.15 POO- 004.746 114.73 634.15 POD- 004 -747 114.73 634.15 POD -004 -748 114.73 634.15 POO -004 -749 114.73 634.15 POO -004 -750 114,73 634.15 ]MECHANICAL M00 -003 -321 114,73 236.43 NIDO -003 -322 114.73 236.43 M00 -D03 -323 114.73 236.43 MOO- 003 -324 114,73 236.43 MOO-003-325 236.43 W 100- 003 -326 �1473 236.43 PERMIT VALUATION 179,211.00 179,211.00 179,211.00 179,211,00 179,211.00 179,211.00 N/A NIA NIA ,473.06 27,535.98 1,075,266.00 BALDWIN P • A • R � K Determine Type of Use A. RESIDENTIAL. Enter total number of units. Multiply Number of Units by 7.46 7.46 is the number of trip ends per unit. Multiply total number of trip ends by $6.25 $6.25 is assessed per trip end.,M,u __....— B. COMMERCIAL c. INDUSTRIAL Enter total square foot of leasable area Divide leasable floor area by 1,000 Multiply by 242.6 242.6 is the number of trip ends per day per each 1,000 s.f of floor area. Multiply total number of trip ends by $6.25 $6.25 is assessed per trip end. .. _ .__.....,, M.. �w.:.,..:... v:. �<,,..,.. v..:t,.a:...:::.r:,:.rx.. >rs:, sA;;- r:<:�• »_s. Enter total floor area Divide floor area by 1,000 Multiply divided floor area by 5.24 5,24 is the number of trip ends por day for each 1,000 s.f of floor area. Multiply total number of trip ends by $6.25 .6.25 is assessed per trip end. D. OFFICE Enter total floor area (No more than 25,x00) Divide floor area by 1,000 Multiply divided floor area by 22.16 22,16 is the number of trip ends per day for each 1, 000 s, f. of floor area to 25, 000 s. f. Multiply total number of trip ends by $6,25 96.25 is assessed per trip end, - -------- I ...._......... TOTAL. TRAFFIC CONGESTION MITIGATION FEE: APN: ADDRESS: 1D 74,60 $466.25 0 0.00 0.00 $O.OD 0 0.00 O.OD $0.00 0 0.00 0.00 $0.00 $466.25 FLOOD CONTROL MITIGATION r FEE BALDWIN P A • K • K I) Obtain the square footage of the solid roof area of all structures within the project 8,154 2) Multiply the roof area by $.30 $7,338. CO 3) TOTAL. FLOOD CONTROL MITIGATION FEE.: X7,338.54 If charge is less than $50,000 4) TOTAL FLOOD CONTROL MITIGATION FEE: FALSE Maximum charge is $50,000 AP N: ADDRESS; 1) 2) 3) APN: Obtain the Valuation of the project from the Building Division Muitiply the Valuation by 1 % TOTAL PUBLIC ART FEE: ADDRESS: DEVELOPMENTS SUBJECT TO PUBLIC ART FEE 1) All commercial, industrial or public development projects valued in excess of $50,000. 2) Residential developments of more than four units. EXCLUSIONS 1) Very low, low, and moderate covenanted dwelling units, 2) Residential developments of four or less units. 1, 872,474 $16,724.74 $16,724.74 r IIGENERAL PLAN/TEGHNGL®GY FEE BALD IN P A 2• IC 1) Obtain the valuation of the project from the Building Division 2) Is the valuation less than or equal to $100,000? If yes, insert $0,00 valuation. If no, see 94 below. TOTAL GENERAL PLAN/TECHNOLOGY FEE FOR PROJECTS $0.00 3) VALUED AT $100,000 OR LESS 4) Is the valuation greater than $100,000? It yes, insert valuation $1,072,474.00 TOTAL GENERAL PLANITECHNOLOGY FEE FOR PROJECTS $8,362.37 5) VALUED GREATER THAN $100,000 APN: ADDRESS Phase #2 6 PLEX - 1 BLDG PLAN CHECK DISCIPLINE 13651 FOSTER AVE FEES BLDG BQO-013 -667 2,648.39 BOO -013 -746 2,648.39 BOO -013 -747 2,648.39 BOD -013 -748 2,648.39 800 -013 -749 2,648.39 BOO -0'13 -750 2,648.39 PERMIT FEES 3 719719 01 3 7199 01 _. 3,197,01 3,197-01 3,197.01 7913 01 ELECT EDO -005 -669 231.46 521.74 521.74 E00- 005 -670 231.46 521.74 EOD -005 -671 231.46 521.74 E00 -005 -672 231,46 231.4n 521.7 4 l E00- 005 -673 231.46 1 521.74 E00- 005 -674 PLUMBING POD -004 -739 231.4.6 23146 634.15 634.15 PO4 -004 -740 231.46 634.15 PDO� -004 -741 231.46 634.15 P00 -0D4 -742 231.46 634.15 P00 -004 -743 2 31.46 634.15 POD-004-744 MECHANICAL MOO- 003'315 231.46 236.43 236.43 00- 003 -316 231.40 231.46 236.43 !MOD-003-31-77 231.46 236.43 00- 003 -318 231.46 236.43 MOO -003 -319 231.46 236.43 M 00 -003 -320 PERMIT VALUATION 179,211.00 179,211.00 179,211.00 179,211.00 179,211.00 179,211.OD NIA N1A NIA 20.056.62 1 27,535.98 1,075,266.00 4 PLEX BLDG -2 PLAN CHECK DISCIPUNE 13053 FOSTER A\VE FEES B00- 013 -G70 1,428.88 BLDG 1,428.88 800 -013 -757 1,428.8 800 -013 -758 1,42 g,88 B00- 013 -759 ELECT 600- 005 -704 600 -00 705 600- 005 -706 600- 7500 707 PLUMBING P00 -004 -774 P00 -004 -775 P00 -004 -776 P00- 004.777 115.50 115,50 115,50 1 15.50 1 15.50 115,50 1 1550 PERMIT 1 FEES -- — 223 67 3____ -t 67 223 3,223.67 523.05 52352 05 523.05 638.2'1 G38.21 638.2'1 638.21 f 15.50 237.74 MECHANICAL I�l00- 003 -349 115.50 237.74 M00- 003 -350 115 CO 237.74 M00- 003 -351 115.50 237.74 ).00335 s,986.02 PERMIT VALUATION 181,358.00 181,358.D0 181,358.00 161,358.00 NIA NIA NIA 17,967.63 725,432.00 Determine Type of Use A. RESIDENTIAL 14 Enter total number of units. Multiply Number of Units by 7.46 1 04.44 7.46 is the number of trip ends par unit. Multiply total number of trip ends by $625 $652.75 ssessed er trr end :...: Y .,.tom.. +.. ..,:r:,::<.<..Y.:.::.:: <:•..> B. COMMERCIAL 0 Enter total square toot of leasable area Divide leasable floor area by 1,000 D.00 0.00 Multiply by 242.6 242.6 is the number of trip ends per day per each I, 00o s.f. of floor area. Multiply total number of trip ends by $6.25 $0.00 $6.25 is assessed per, trip. .end;. »v......N y.;.:, ,...:.._ C. INDUSTRIAL 0 Enter total floor area Divide floor area by 1,000 0,00 Multiply divided floor area by 5.24 0'00 524 is the number of trip ends pOr day for each 1, 000 s. f, of floor area. Multiply total number of trip ends by $6.25 $0.00 $6.25 is assessed per trip end. xx;::a :x :< <.;_:?; v:a: D. OFFICE 0 Enter total floor area (No more than 25,000) Divide floor area by 1,000 0.00 Multiply divided floor area by 22.16 0.00 22.16 is the number of trip ends per day for each 1,000 s.f . of floor area to 25, 000 s. f. Multiply total number of trip ends by $6.25 $0.00 $625 is assessed per trip end. :nr +. ;c. : +sr:,xv.r :.; ::.:;r:x::.:o-srr:•> r y ::•..:.: `':::'i: ?:::c:; ::i: f'i ..:.v:.v: :.::: �:. .. :.... r...... :.... .. rrr••:::.v:.:r....:n ......:. ,.>-. :.: ... +...vv..Vi.:rM TOTAL TRAFFIC CONGESTION MITIGATION FEE: $652.75 APN: ADDRESS: rFLOOD CONTROL MITIGATION FEE BALD IN P A R- K �) Obtain the square footage of the solid roof area of all structures within the project 12,500 2) lAultiply the roof area by $.90 $11,250.00 3) TOTAL FLOOD CONTROL MITIGATION PEE: $11,250.00 If charge is less than $50,000 4) TOTAL FLOOD CONTROL MITIGATION FEE: FALS= Maximum charge is $50,000 APN: ADDRESS: 1) 2) 3) APN: Obtain the Valuation of the project from the Building Division Multiply the Valuation by 1 9/c. TOTAL PUBLIC ART FEE: ADDRESS: DEVELOPMENTS SUBJECT TO PUBLIC ART FEE 1) All commercial, industrial or public development projects valued in excess of $5D,D00. 2) Residential developments of more than four units. EXCLUSIONS 1) Very low, low, and moderate covenanted dwelling units. 2) Residential developments of four or less units. 2,526,130 $25,261.30 $25,261.30 o 'q - 5; GENERAL PLAN/TECHNOLOGY rl� . FEE BAL 3 IN P• A - F:• IC 1) Obtain the valuation of the project from the Building Division 2) Is the valuation less than or equal to $100,000? it yes, insert $0.00 valuation. If no, see 44 below. TOTAL GENERAL PLANITECHNOLOGY FEE FOR PROJECTS $0,00 3) VALUED AT $100,000 OR LESS 4) Is the valuation greater than $100,000? If yes, insert valuation $2,526,130.00 TOTAL GENERAL PLAN[TECHNOLOGY FEE FOR PROJECTS $12,630.65 5) VALUED GREATER THAN $100,000 AP N ADDRESS Phase #3 PLAN CldEGK PERMIT PERMIT 10 PLEX BLDG FEES VALUATION DISCIPLINE 13655 FOSTER AVE P00 -004 -683 222.00 420.30 P00.004 -684 2,421.94 2,771.05 152,989.00 BLDG BOO- 013 -762 2,421.94 21771.05 152,989.00 800 - 013 -763 2,421.94 2,771.05 152,989.00 BOO- 013 -764 2,421.94 2,771.05 152,989.00 BOO -013 -765 2,421.94 2,771.05 1521989:00 BOO -013 -766 21421.94 2,771.05 152,989,00 B00 -013 -767 2 421 .94 2,771,Q5 152,989.00 B00- 013 -768 2,421.94 2,771.05 152,989,00 800 -013 -769 2,421.94 2,771,05 152,989,00 [300 -013 -770 2,421 .94 2,771.05 152,989,00 300 - 013.771 203.25 M00- 003 -333 194.04 ELECT E00- 005 -654 3 193.93 4.94.31 494.31 N/A EDO -005 -655 193.93 494.31 MDO -OD3 -336 1=00- 005 -656 183.93 494.31 Eb0- 005 --657 193.93 494.31 37,115.11 1,529,890.OD E00 -005 -658 193.93 494.31 E00- 005 -859 222.00 42030 NIA PLUMBING PO0- 004 -881 222.00 420.30 P00- 004 -6682 222.00 420.30 P00 -004 -683 222.00 420.30 P00.004 -684 I 420.30 P00- 004 -685 222.00 420.30 POO- 004 -6B6 222.00 420.30 POO -004 -687 222.00 420.30 P00- 004 -68B 222 00 420.30 P00- 004 -689 222.00 420.30 P00 -004 -690 194.04 203.25 NIA MECHAN ICAL MOO °003 -327 194.04 203.25 M00- 003 -328 194.04 203.25 MOD -003 -329 1 94.04 203.25 MOO - 003 -330 194.04 203.25 MOO -003 -331 184.04 203.25 MOO- 003 -332 194,04 203.25 M00- 003 -333 194.04 203.25 M00- 003 -334 194.04 203.25 M00- 003 -335 194.04 203.25 MDO -OD3 -336 194.04 203.25 1100- 003 -337 29,737,42 37,115.11 1,529,890.OD A. RESIDENTIAL Enter total number of units. Multiply dumber of Units by 7.46 7.46 is the number of trip ends per unit. Multiply total number of trip ends by $6.25 56.25 is assessed, er trip end.N x il B. COMMERCIAL Enter total square foot of leasable area Divide leasable floor area by 1,000 Multiply by 242.6 242.6 is the number of trip ends per day per each 1,000 s.f. of floor area. Multiply total number of trip ends by $6.25 $ 6.25 is assessed h end, trip C. INDUSTRIAL Enter total floor area Divide floor area by 1,000 Multiply divided floor area by 5.24 5.24 is the number of trip ends per day for each 1,000 s.f, of floor area. Multiply total number of trip ends by $6.25 56.25 is assessed oer trip and. D, OFFICE Enter total floor area (No more than 25,000) Divide floor area by 1,000 Multiply divided floor area by 22,16 22.16 is the number of trip ends per day for each 1,000 s. f. of floor area to 25, 000 s.f. Multiply total number of trip ends by $6.25 56.25 is assessed per trip end. TOTAL TRAFFIC CONGESTION MITIGATION FEE: APN: ADDRESS: 10 74.60 $466.25 0 0.00 0.00 $0.00 0 0.00 0,00 $0.00 0 0.00 0.00 $0.00 $ 466.25 r llllil %`! FLOOD CONTROL ROL MITIGATION I sa FEE BALD WIN P • A • R- K 1) Obtain the square footage of the solid roof area of all structures within the project 7,400 2) Multiply the roof area by $.90 $0,660.00 3) TOTAL FLOOD CONTROL MfT1GATION FEE: $6,660,00 If charge is less than $50,000 4) TOTAL FLOOD CONTROL MlT1GATlON FEE: FALSE Maximum charge is $50,000 AP N: ADDRESS: 1) Obtain the Valuation of the project from the Building Division 2) Multiply the Valuation by 1 % 3) TOTAL PUBLIC ART FETE: APN: ADDRESS: DEVELOPMENTS SUBJECT TO PUBLIC ART FEE 1) All comm ercial, industrial or public development projects valued in excess of $50,OOD. 2) Residential developments of more than tour units. EXCLUSIONS 1) Very low, low, and moderate covenanted dwelling units. 2) Residential developments of four or less units. 1,529,890 $15,298.90 $15,298.90 r GENERAL PLAN/TECHNOLOGY PEE BALD IN P A - R • K 11 Obtain the valuation of the project from the Building Division 2) Is the valuation less than or equal to $100,000? If yes, insert $0.00 valuation. li no, see 44 below. 3) TOTAL GENERAL PLANIT'ECHNOLOGY FEE FOR PROJECTS $0.00 VALUED AT $100,000 OR LESS 4) Is the valuation greater than $100,000? If yes, insert valuation $1,529,890.00 5) TOTAL GENERAL PLANITECHNOLOGY FEE FOR PROJECTS $7,649.45 VALUED GREATER, THAN $100,000 APN: ADDRESS Phase 04 ATTACHMENT #6 Modified (red - fined) Conditions of Approval for City Council Resolution 2008 -034 RESOLUTION 2008 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE SPECIFIC PLAN AND DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A MULTI-FAMILY RESIDENTIAL DEVELOPMENT (CASE NO.: SP 08 -01, DR -37, CP -760 AND TM- 61747; LOCATION: 3427 -3441 BALDWIN PARK BOULEVARD; APPLICANT: D.C. CORPORATION). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows; (a) That an application ( "Application ") for a Specific Plan, Development Plan, Zone Change (Specific Plan Overlay), Conditional Use Permit and Tentative Tract Map was submitted on behalf of the owner of certain real property, located at 3427 -3441 Baldwin Park Boulevard in the City of Baldwin Park, described more particularly in the Application on file with the City. Planner; and (b) That the Application was sought to allow the approval of a Specific Plan, Development Plan, Specific Plan Overlay, Conditional Use Permit and Tentative Tract Map which would allow for the construction of a multi - family residential development (52 dwelling units); and (c) That on May 14, 2008, a duly noticed public hearing was held on said Applications by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended that the City Council approve the Specific Plan, Development Plan, Conditional Use Permit and Tentative Tract Map; and (d) That a duly noticed public hearing was held on said Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the Specific Plan, Development Plan, Conditional Use Permit and Tentative Tract Map should be approved. SECTION 2. That the City Council does hereby adopt the following Findings of Fact applicable to all Conditional Use Permits: a) That the site for the proposed use is adequate in size and shape to accommodate the proposed use in that the project site, which is 17 Resolution 2008 -034 acres will be developed with fifty -two (52) multi - family residential units and integrated into an existing residential neighborhood provided a specific plan, development plan and a conditional use permit for a housing incentive is approved; and b) That the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use as the project will have access from Foster Street; and c) That the proposed use will not have an adverse affect upon uses adjacent to the subject property, as the proposed use of multi - family residences is consistent and compatible with the existing surrounding neighborhood. Design features such as 8' high block walls and enhanced landscaping have been incorporated to lessen the effects on adjacent residences, which are zoned RG and R -1; and d) That the proposed use is in conformance with the General Plan of the City of Baldwin Park as the General Plan designation of the subject properties is RG, Residential Garden, which is compatible with the proposed use of fifty -two (52) multi- family residential dwelling units. SECTION 3. That the City Council does hereby adopt the following Findings of Fact applicable to all Tentative Tract Maps; a) That the site for the proposed development is physically suitable as the topography of the site is essentially fiat and will be developed with fifty -two (52) multi - family dwelling residences at a density consistent with the applicable zoning provided that a Specific Plan, Development Plan and Zone Change (adding the Specific Plan (SP) Overlay) are approved; and b) That the design of the subdivision will not be a threat to the health, safety and'welfare of the citizens of Baldwin Park as the proposed project is a fifty -two (52) unit multi - family residential subdivision which is compatible with the surrounding multi - family and single - family residential zoning designations; and .c) That the Tentative Tract Map will be consistent with the City of Baldwin Park's General Plan, provided approval of the Specific Plan, Development Plan and Zone Change will allow for the site to be developed with multi - family residences which is consistent with the project proposal; and d) That development of the site in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area; and Resolution 2008 -034 e) That the proposed project is housing balanced as the developer is providing multi- family homes for households of varying income levels by including three (3) moderate income dwelling units; and f) That the proposed Tentative Map is in an area serviced by Valley County Water District, which has indicated that, the proposal is not in violation of any water quality standards for the Water District, SECTION 4. That Specific Plan SP 08 -01, as set forth in Exhibit "A" hereto, hereby is approved. SECTION 5. That the Development Plan as set forth in Exhibit "B ", Conditional Use Permit and Tentative Tract Map, as herein described, be and the same hereby are approved subject to the following conditions of approval. (a) That the subject property shall be developed and maintained in substantial accordance with Exhibit "A" and Exhibit "B ", dated June 4, 2008 except as modified herein; and (b) That electric garage door openers shall be provided for each unit; and (c) That sectional roll -up garage doors shall be provided for each unit; and (d) Each structure be pre -wired for security /alarm system and include motion sensor external lighting at all entries /exits and garages; and (e) That the applicant shall install public improvements as required by the Engineering Division and County l=ire Department; and (f) That a Homeowners Association (HOA) shall be established, pursuant to state law, and Covenants, Conditions and Restrictions (CC &R's) for the HOA shall be provided to the City for review. The applicant shall reimburse the City for the costs associated with the City Attorney review of the CC &R's. The CC &R's must be submitted to the State Department of Real Estate at the same time the Final Map is recorded. Submission of the (CC &R's and Winal Mar) may be deferred. but both documents must be recorded prior to the issuance of the first Certificate of �? Occuanc! and --------------------------------- ------ ------ ---- - -- --- -- - - -- .fir ---- ------ --------- ------ - ----- - -- - (g) That the applicant shall construct the protect according to the most recent Edition of the uniform Building Code as adopted by the City; and (h) Tha the Landscaping and lrricia #ion Plan shall be submitted for review and approval followino building Dian check. acceptance. Installation must be comnieted and inspected prior to the issuance of a certificate of occupy . Once installed, all landscaping Deleted: CC &R's shall be reviewed and approved by the City Attorney pnorto map recordation 1 Deleted; a landscape and irrigation j plan rnUSl be designed by a cerUfied II landscape architect and submitted for review and approval to the Planning Division prior to the City's acceptance I of building construction plans for Plan Check Resolution 2008 -034 must be continually maintained and preserved in accordance with the approved landscape and irrigation plan. No trees shall be removed without good cause, and only with prior written approval by the Planning Division. All landscaping shall be automatically irrigated; and (i) That the applicant shalt prepare an area analysis, in accordance with Chapters 3 and 5 of the California Building Code 2007 (CBC), depicting types of occupancies, depicting allowable area and proposed area for each building; and (j) That the applicant shall show all required occupancy separations, if any; and (k) That the applicant shall provide exit analysis drafted in accordance with CBC Chapter 10, depicting all required exists and travel distance for all exists; and (1) That the applicant shall comply with the accessibility requirement of the CBC; and (m) That the applicant shall obtain the following approvals prior to applying for Building Permits: 1, Approval from Planning Division 2. Approval from Engineering /Public Works Department 3. Approval from Fire Department (n) That the design shall meet the requirement of the CBC and latest adopted City of Baldwin Park building ordinance, in effect at the time of building permit application date; and (o) That the applicant shall provide to the City complete Architectural, Structural, Electrical, Plumbing, Mechanical, and Title -24 California Energy plans and reports. Plans must be prepared by architects and /or engineers licensed in the State of California. Submit two sets of plans and two sets of reports (energy reports, structural calculation, soils reports, etc.) when applying for a building permit; and (p) That the applicant shall submit building pad certification if this project requires grading work. Pad certification is required prior to issuance of a building permit; and (q) That the applicant shall submit a copy of the recorded parcel map if this project requires a parcel map. Parcel map must be recorded prior to building permit issuance; and (r) That the applicant is responsible for contacting the City to inquire about and submit all development fees required for this project, which shall be paid at the time a building permit is sought and Resolution 2008 -034 prior to occupancy, The fees may include but are not limited to the following; - Building permit fees - Plan check fees Planning Department fees Engineering 1 Public Works fees School fees. Fees imposed by other agencies Quimby Fee Public Art Fee Traffic Impact Fee Flood Control Fee Mitigation Fees (s) That the applicant shall meet all conditions of the Los Angeles County Fire Department prior to recordation. A written notification or approval plan from the Fire Department must be submitted to the City; and (t) All conditions of the Subdivision Map Act shall be met, including those as identified by the City's Engineering Division at Attachment #T; and (u) The Final Mao shall be recorded prior to the issuance of a Certificate of Occupance (see condition f1: and (v) That the applicant shall red curb (paint) the eastbound approach to the intersection (to 100 feet back of the limit line) on Foster Avenue at the intersection with Baldwin Park Boulevard; and (w) That the applicant shall install a detector loop in the right turn lane at the limit line along Foster Avenue at the intersection with Baldwin Park Boulevard; and (x) That the applicant shall provide a cash deposit in the amount of $60,000 to the Engineering Division for the future installation of a traffic signal at the Foster Avenue /Frazier Street intersection. A letter of credit in the amount of $60,000 may be substituted for the cash deposit, however, a cash deposit shall be required prior to any issuance of a certificate of occupancy, unless the traffic signal has been constructed; and (y) That a demolition permit, grading permit, block wall building permit and off -site improvements permit may be issued prior to final map recordation. Ali other building and construction permits shall not be issued until the final map has been recorded; and Resolution 2008 -034 (z) That the applicant shall be responsible for providing qualifying documentation to the City's Housing Authority for the three (3) moderate income units. The City's-.Housing Authority shall have ei business days to approve the application or deem the application packa e incomplete and submit comments to the A Dlicant. Documentation and a Droval of the proposed ao licant must be completed prior to the issuance of a Certificate of Occupancy for the identified moderate income unit• and - ---- - - - - - -- --- - - - - -- -------- - - - - -- —' -- - -- (aa) Payment of the impact fees for each phase are deferred to and must be paid in full prior to the issuance of the last Certificate of Occupant for .._a market rate unit in each phase of development. excluding Moderate income units: and (bb) Imoact Fees for each phase of development must be aid in full prior to the issuance of a Certificate of Occupancy for the next phase of development: and (cc) That the a glicant shall Drovide a check in the amount of $2,068.00 oavable to the Los Angels County Clerk for the Fish and Game Fee required for the Negative Declaration of Environmental Impact and a check in the amount of $7.400.00 payable to the City of Baldwin Park for the Final Tract Ma Fee prior to the modification reauest before the Cit Council; and (dd) That the applicant sha11 comply with all conditions of approval within one (1) year after the date of approval or approval of this Development Plan shall become null and void and will be subject to revocation pending a hearing by the Planning Commission or the City Council on appeal. Furthermore, any costs associated with the revocation of this conditional use permit shall be paid by the applicant and /or owner; and (ee) That the applicant shall sign a notarized affidavit within twenty (20) days after the entitlements are approved by the City Council stating that the applicant has read and accepts all of the conditions of approval SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED AND APPROVED this 4th day of June, 2008 MANUEL LOZANO, MAYOR Deleted: , prior to the issuance of a cerfi icate of occupancy for those three units Deleted: I That the appiioanl shall provide a check in the amount of $1876.75 payahie to the Los Angels County Clerk for the Fish and Game Fee required forthe Negative Declaration of Environmental Impact within two (2) business days of City Council approval of the applicable land us entitlements including these conditions of approval; and¶ Resolution 2008 -034 ATTEST: LAURA M. NIETO DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS, CITY OF BAL ©WIN PARK ) I, ROSEMARY GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2008 -034 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on June 4, 2008, by the following vote: AYES : COUNCILMEMBER: NOES : COUNCILMEMBER: ABSENT : COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: LAURA M, NIETO DEPUTY CITY CLERK ATTACHMENT #7 Modified (red - lined) Specific Plan (SP 08 --01) .......... SPECIFIC PLAN SP 08 -01 June 4, 2008 LOCATION: 3427 -3441 Baldwin Park Blvd. APPLICANT: D.C. Corporation SPECIFIC PLAN SP 08 -01 1.0 INTRODUCTION 1.1 PURPOSE AND INTENT This Specific Plan ( "Plan" or "Specific Plan ") is enacted in accordance with Section 65450 of the Government Code of the State of California and other applicable law. The purpose of this Plan is to provide for the development of a 52 unit multi -level residential development on certain real property to which this Plan applies. The Plan as such, will allow the site to be developed in accordance with the City's adopted General Plan, Multi- Family Residential Design Guidelines and applicable provisions of the City's Municipal Code. The Design Review Committee has evaluated the project based on architectural design, aesthetic quality, compatibility of design with adjacent land uses, conformance with the General Plan and all adopted development standards, design guidelines and development agreements. The density requirements, development standards, land use restrictions and changes to design guidelines identified in this Specific Plan are intended to replace requirements and take precedence over the City's Zoning Ordinance within the Specific Plan Area. The Specific Plan shall govern any proposed development within the Specific Plan Area. In such cases where the Plan is silent the City's Municipal Code and Zoning ordinance shall apply. This Specific Plan addresses issues relating to land uses, specific development standards relating to residential development, design, building type and scale giving nearby property owners and developers certainty and incentives to improve the existing built environment and increase overall investment. 1.2 LOCATION AND SETTING The subject property is located near the northwest corner of Baldwin Park Blvd, and Foster Ave, The property has primary frontage along Baldwin Park Blvd. with a secondary frontage along Faster Ave. and contains approximately 117,845 square feet (2.7 acres) of lot area ("Specific Plan Area' or "Plan Area "). Properties located to the north and west of the site are zoned R -1 (Single - Family Residential) and developed with single - family residences, The property located to the south and east (northwest corner of Baldwin Park Blvd. and Foster St.) is currently developed with a 2 and 3 story apartment complex and is zoned RG, Residential Garden. Properties at the southwest corner of Baldwin Park Blvd. are also zoned RG, Residential Garden and are developed with a mixture of single- family and multi - family residences. Properties located on the east side of Baldwin Park Blvd. are zoned and developed with single- family residences. These properties, including the Plan Area, are not within a Redevelopment Project Area. The Plan Area is currently an abandoned mobile home park with 14 existing mobile homes. A single- family dwelling unit also exists on the northern parcel along Baldwin Park Blvd.; all structures will be demolished to accommodate the new development. In addition, the City Council approved by Resolution (Resolution No. 2007 -009) the Relocation Impact Report on February 7, 2007. All necessary shopping, medical, commercial, recreational and transportation facilities are conveniently located within a' /2 mile or are easily accessible by frequently operating public transportation provided by the Metropolitan Transit Authority (MTA), Foothill Transit and the City's fixed -route shuttle. The nearby 1 -10 San Bernardino Freeway provides additional access to downtown Los Angeles. All utilities are available adjacent to the site on Baldwin Park Blvd. and Foster Ave. and are adequate to serve the proposed development with minimal off -site improvements. An existing fire station (Station 29) is located within 2 miles north of the site and fire hydrant access throughout the site is or will be provided per the Los Angeles County Fire Department regulations within 150 feet of all portions of the development. Baldwin Park City Hall, with all of its administrative and public facilities and Police Department are located approximately 1,5 miles from the proposed development. The post office is also located within 2 miles of the site. The Los Angeles County Public Library is located within 1 mile of the site. Recreational and leisure opportunities are provided by parks and facilities conveniently located throughout the city. There are six (6) parks located in the City, providing approximately 27 acres of open space. These parks include one community park, four neighborhood parks and one baseball park. The following table illustrates the location, acreage, amenities and type of recreational resources available to the community. In addition, the County of Los Angeles operates regional parks in surrounding cities. City Park/Facility Acres Amenities Morgan Park 12 Community Center, Senior Center, pool, multipurpose sports courts, playground equipment, small amphitheater, picnic benches Barnes Park 5.6 Community Center, Playground, field sports Central Park West 3.6 Teen Center, Skate Park, sports courts, playground equipment, tot lot Roadside Park 2 Picnic Benches Walnut Creek Nature Park 4 Passive recreation, tot playground, covered icnic areas S hre Park j 1,1 Baseball Field, i assive opens ace 2.0 ENVIRONMENTAL REVIEW AND COORDINATION This Specific Plan was prepared in coordination with an environmental review and assessment process conducted by the City. As a result of that assessment, it has been determined that the Specific Plan will not have a significant impact on the environment, and a Draft Mitigated Negative Declaration of Environmental Impact has been prepared. 3.0 LAND USES The City maintains discretionary authority for many types and aspects of land development projects. Compliance with land use development standards for this project within the Plan Area will be required as part of Planning Commission and/or City Council review of development applications. Permitted uses allowed pursuant to this Plan shall be: - Multi- Family Residential 4.0 DEVELOPMENT STANDARDS PURPOSES AND INTENT The provisions of this Plan have been established to provide for the orderly development of the Plan Area. Application of the Plan is intended to protect the health, safety, and welfare of the community. In order to provide relief and allow deviations from the development standards and Zoning Code requirements the following control mechanisms shall be applied. As to all issues wherein this Plan is silent, the City's codes and ordinances and codes shall apply 4.1 DEVELOPMENT STANDARDS — DEVELOPMENT PLAN (SITE PLAN) The following development standards shall apply to the overall residential development within the Plan Area. 4,1.01 MAXIMUM DENSITY The site plan attached hereto and incorporated herein by this reference identifies the boundaries for a multi - family residential development. The density shall not exceed 19.2 units per acre, um Existing Proposed New Specific Plan :lDen:sity Zoning Code Zoning Code Requirement Requirement Multi- Family 20 dwelling 20 dwelling 19.2 dwelling Residential units/acre units/acre units/acre maximum maximum maximum 4.1.01 YARD AREAS (Setbacks) The following required yard areas shall be observed: Front Yards: Baldwin Park Blvd. — 7 feet minimum Foster Ave. — 11 feet minimum Side Yards; 10 feet minimum Rear Yards: 10 feet minimum 4 Yard Areas Existing Proposed New Specific Plan (Setbacks) Zoning Code Zoning Code Re uirement Requirement (Front) 450 s.f. 500 s.f, Not permitted East - Baldwin 20 feet 20 feet 7 feet (raised patio) I Park Blvd. 13 feet (primary Two - bedroom 850 s.f. 900 0. building) South - Foster 20 feet 20 feet 11 feet (raised patio) Ave. 1,050 s.f. 1,100 s.f. 122 feet (primary Units buildin (Side) 1,200 s,f. 1,300 s.f. 1,905 s.f. North - Adj. To 20 feet 20 feet 10 feet R -1 Zone (Rear) West - Adj, To 20 feet 20 feet 10 feet R -1 Zone (Side) South - Adj. To 10 feet 20 feet 10 feet Foster Ave and R -G Zone All setback areas are required to be landscaped in accordance with the required Landscaping and Irrigation Plan. Mailboxes shall not be located within the parkways (public right -of -way) along Baldwin Park Blvd or Foster Ave. and shall be provided and grouped together (gang boxes) on -site outside of the setback areas. 4.1.02 MINIMUM FLOOR ARI=AS — Each dwelling unit shall have and maintain minimum gross floor areas, excluding private patios, balconies and garages as follows; Number of Existing Proposed New Specific Plan Bedrooms Zoning Code Zoning Code Requirement Requirement Efficiency Units 450 s.f. 500 s.f, Not permitted One- bedroom 650 s.f. 700 s.f. Not permitted Units Two - bedroom 850 s.f. 900 0. Not permitted Units Three - bedroom 1,050 s.f. 1,100 s.f. 1 1,479 s.f. Units Four - bedroom 1,200 s,f. 1,300 s.f. 1,905 s.f. Units 4.1.03 BUILDING LENGTH AND HEIGHT No building or structure shall be constructed in excess of 204 feet in length. No building or structure shall be constructed of a height exceeding 3 stories or 35 feet. B hding Height Building Len th Existing Proposed Specific Existing Proposed Specific Zoning Code New Zoning Plan Zoning Code New Zoning Plan Requirement Code Requirement Code Requirement Re uirement 27 feet 35 feet 35 feet 125 feet 125 feet 204 feet 4.1.04 OPEN SPACES Private Open Space - Each dwelling unit shall provide private open space areas in the form of a balcony or a porch having access from the main dwelling unit. All balconies and porches shall be substantially enclosed by a solid wall or rail at least 48 inches in height and shall have a minimum of 100 square feet in area with a minimum dimension of 8 feet and a vertical clearance of not less than 8 feet. Items that maybe stored on the balcony shall be limited to patio furniture, potted plants, and outdoor bar -be -que, which shall be addressed in applicable CC &R's. Existing Zoning Code Proposed New Zoning Specific Plan Requirement — Private Code Requirement — O en Space Private Open Space Minimum 100 s.f. per unit Minimum 200 s.f. per unit Minimum 100 s.f. per unit Common Open Space - All residents shall be provided with common open space areas conveniently located throughout the Plan Area as follows: Existing Zoning Code Proposed New Zoning Specific Plan Requirement -- Common Code Requirement — Open Space Common open S ace Minimum 200 s.f, per unit Minimum 250 s.f. per unit Minimum 237 s.f. (52) = 10,400 s.f. minimum (52) = 13,000 s.f, minimum per unit (52) = 12,318 s.f, Amenities shall include water fountains, picnic tables and benches, bar -be -que stands, decorative trellises, and a tot lot. A total of four (4) decorative water fountains shall be provided throughout the Plan Area. Each of the two inner courtyard areas shall include at minimum a 10' X 10' fountain. Two additional water fountains with shaded seating enclaves shall be provided between buildings and within pedestrian walkways. Except for the perimeter fencing along shared property lines, the common open space areas shall not be enclosed and shall be free of any perimeter fencing. 4.1.05 PARKING Parking for the Plan shall be provided on site and located within the Plan Area and not visible from the public right -of -way. Each unit shall provide a 2 -car garage that is independently and privately accessed. A minimum of twenty -six (26) guest parking spaces shalt be provided and shall be grouped within the designated areas throughout the site and shall be easily accessible. Parking Existing Zoning Code Requirement Proposed New Zoning Code Requirement Specific Plan Private: 2 -car garage per unit 2 -car garage per unit 2 -car garage per unit Guest: 3/4 space per unit with 1 space / 3 dwelling 1 space 1 2 dwelling 3 bedrooms & 1`/ units (18 total units (26 total space per unit with 4 spaces) spaces) bedrooms (41 total spaces) The minimum dimension for a guest parking stall shall be 8'6" X 18'. Guest parking signs shall be provided for each guest parking area and shall not exceed 22" X17" in size. 4,1.06 ARCHITECTURE The architecture for the entire development shall be that of an urban contemporary theme. Design shall be distinctly California Urban with contemporary geometric shapes accented with gentle curves and decorative fagade trims. Raised front porches, balconies and decks, oversized windows, double patio doors and wrought iron railings shall be provided. Classic stucco finishes combined with natural stone trim with polished metal front door overhangs and clean building lines shall depict a modern, technology based influence. 4.1.07 PEDESTRIAN ORIENTATION Buildings along Baldwin Park Blvd, and Foster Ave. shall be located so as to provide pedestrian access from the street. A five -foot wide pedestrian walkway with dense landscaping shall be provided along the perimeter of the project area to provide access to the individual units and linkage to the common open space area throughout the Plan Area. 4.1.48 CIRCULATION Primary vehicular ingress and egress to the site shall be provided from Foster Avenue. Pedestrian access entries shall be provided along Baldwin Park Boulevard. and Foster Avenue. The common driveway width and parking areas shall be designed to meet Fire Department requirements and to avoid any potential circulation issues. 4.1.49 LIGHTINGISECURITY The outdoor lighting system shall be compatible with the architectural theme of the structures and shall enhance the building design and adjacent landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. All lighting shall be designed and installed to minimize illumination onto adjacent properties. Parking lot lighting and exterior building lighting shall be shielded and directed downward to prevent spillover lighting. Excessive brightness shall be prohibited. Security lighting, including but not limited to, motion sensor lights shall be installed throughout the Plan Area to provide adequate lighting. Lighting shall be installed at all entryways, parking areas, common open space areas, residential front doors and garages. All proposed lighting shall be reviewed and approved by the Planning Division prior to installation. The Police Department shall likewise review and approve all proposed lighting to ensure that any and all potential safety issues are addressed. 4.1.10 SIGNAGE Any signs throughout the Plan Area shall have sufficient scale and proportion in its design and in its visual relationship to buildings and surroundings. Every sign shall be designed as an integral architectural element of the building and Plan Area to which it principally relates, The colors, materials and lighting of every sign shall be restrained and harmonious with the building and Plan Area to which it principally relates and shall be consistent with the architectural theme, Signage shall be subject to the City's sign permitting process and shall be limited to the following: One (1) monument sign shall be provided within the front yard setback along Foster Ave. The monument sign may not exceed six feet in height and 80 square feet in sign face area; and Guest parking signs shall be provided for each individual stall and shall not exceed 22" X17" in size; and Name plates identifying addresses shall not exceed 2 square feet in size; and Directional signs shall not exceed 3 square feet in height; and - Real Estate signs shall not exceed 32 square feet in sign face area and shall be prohibited within the public right of way and the setback areas. 4.1.11 WALLS AND FENCES The development shall involve the construction of blocs; walls around the Derimeter of the Plan Area. Walls shall be a maximum of ten 10) feet, measured from top of footin . and not less than six (n) feet or more than eight f8 feet above finished grade, Wall height must be in compliance with Section 153.324fb of the Citv's Municipal Code. Articulation in the wall must be provided. at a maximum. eve fort 40 feet. Articulation must be in the form of pilasters or, offset every forty (40) feet maximum and must be differentiated with a contrasting texture and color from the main wall areas. Walls and pilasters must he finished with an earth tone colored texture coat All walls and pilasters shall have a decorative car) subject to approval. by the Plannin ©ivision, o walls or fences shall be permitted along the street frontages of Baldwin Park Boulevard and Foster Avenue, The construction of the perimeter block walls shall be set back 15 feet from the edge of the public right -of -way (sidewalk). Plans for the location and design of said walls shall be submitted for review and approval by the Building and Planning Division prior to obtaining building Dermits for said wall. II new perimeter walls shall be erected prior to the ------ --- - ---- - -------------------------------- -- --- - -- -- commencement of building construction. 4.1.12 REFUSE FACILITIES A minimum of two (2) trash enclosures shall be provided. Each of the enclosures shall be constructed to accommodate two (2) bins and a recycling area. Construction shall be in accordance with the standards set by the City's waste hauler (Waste Management) and shall have a minimum dimension of 10' X 20'. Both enclosures shall be designed to include a decorative wood trellis atop and shall be secured and locked such that it can only be accessed by the city's waste hauler (Waste Management) and residents of the development, 4,1.13 LANDSCAPING The landscaping required pursuant to this Plan shall comply with the City's Landscaping Design Manual, shall be compatible with surrounding and adjacent uses, formatted; Font: Axial, 12 pt-11 - --1 Formatted: Font: (Default) Arial Deleted: The development shall involve the construction of eight (B) foot high (maximum) decorative split - face block walls around the perimeter of the Plan Area. Walls shall he articulated and shall be of an earthtone color and Shall incorporate decorative columns with naturat stone veneers every 25 feet. The veneers used for the columns shall match that of the veneer used on the building that abut the said wall. Deleted; submitting working drawings to the Building Division for Plan Check. A Landscaoino and irrigation Plan may be submitted for review and approval after Dian check fsee condition h of Resolution_-) - -- Formatted; Font: italic Deleted; A detailed Landscaping ,Landscape- treatment_ shall be ... provided --to enhance architectural_ feature_ s, strengthen vistas and provide y shade. Uni--- y of design shall be achieved b and Irrigation Plan designed by a licensed landscape architect shall be repetition of certain plant varieties and other materials and by correlation of submitted with the plan check adjacent developments. submittal to the sanding oiviaion. Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Plants that are hardy, harmonious to the design, and of good appearance shall be used. Drought tolerant landscaping shall be provided. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices. Parking areas and circulation areas shall be enhanced with landscaped spaces containing a tree or tree groupings. Upon approval of the proposed Landscaping and Irrigation Plan by the Planning Division, the landscaped areas shall be installed and permanently maintained in accordance therewith. Said maintenence shall be included and required by the CC &Rs. All trees planted shall be a minimum size of 24" box or greater and shall be planted with deep root barriers. The four (4) trees within the two interior courtyards shall be a minimum size of 36" box and shall be planted with deep root barriers. Trees in the guest parking areas shall be of a species to provide substantial canopy cover after c years s of maturlt\ . Deleted: shall be spaced to provide ea, r c -- - --.... .... ._ .. . ..... . . ..... canopy shade forlhe guest parking. spaces. common open space areas The precise size and species of trees shall be identified on the Landscape and shad be covered by 60% shade trees. Irrigation Plan submitted during Plan Check. 4.1.14 MAINTENANCE The Plan Area, including but not limited to, buildings and lanscaped areas shall be continuously maintained. The use of stucco, stone trim, wrought iron and other finishes must be conducive to easy maintenance and upkeep. Materials and finishes shall be selected for their durability and wear as well as their beauty. Configurations that tend to catch and accumulate debris, leaves, trash, dirt and rubbish shall be prohibited. Ongoing maintenance for the entire project site shall be addressed in detail in the CC &R's. The residential home owners association shall enforce their own CC &R's. A maintenance schedule shall be included in the CC &R's. 4.1.15 UTILITIES Ali existing and proposed utilities shall be underaround. All existing overhead ,.. Deleted: All existing and proposed t utilities shat! be underground. All utilities @Iona Baldvdn Park Bled. aropertv line to -)rODeFtV line street frontage of existing overhead utilities along the property) shall be relocated underground. Each unit shall be serviced by an Baldwin Park Blvd. and Foster Ave. (street frontage of the project) shall individual service and Shall be accessed from the exterior and connected to the be relocated underground. There underaround system, Fiber optic connections are stronaiv encouraaed. For the shall not be any utility line that is visible. Each unit shall be serviced underaroundina of the overhead utilities along the Foster Avenue portion of the by an individual line and shall be accessed property, the City may accept a payment in -lieu as determined by the Citv's connected from eundergroundd Enaineerinc Division. The na meat in -lieu shall be prorated alono that portion of system. Fiber optic connections are the subied property which fronts the east side of Fc)ster Avenue. strongly encouraged. Formatted: Fcnt, Arial, I2 pt 4.1.16 SUBDIVISION MAP LEGAL REQUIREMENTS 10 Pursuant to state law, the City of Baldwin Park is vested in the regulation and control of design and improvements of common interest subdivisions. This development will require application and approval of a Tentative Tract Map for the conversion of three (3) lots into fifty -three (53) lots for a residential planned development (52 residential units and 1 common area). No lot shall be created with a width less than 20 feet and a depth less than 40 feet. Existing Zoning Code Proposed New Zoning Specific Plan Requirement Code Requirement Width — 50 feet (min.) Width — 50 feet (min.) Width — 20 feet (min.) De th — not identified Depth — 50 feet Depth — 40 feet min, No subdivision shall be approved unless those on -site and off -site improvements which are found by the City Engineer to be reasonably necessary to service the units being created are constructed or guaranteed to be constructed by the subdivider, which include, but are not limited to, the following improvements: a. Developer shall provide a domestic water distribution system that is designed and constructed to service each unit in accordance with said water provider's development standards. A loop system shall be incorporated into the design of the water system as approved by the Valley County Water District. b. Developer shall provide a sewer system designed and constructed to serve each unit in accordance with the Los Angeles County Sanitation District's development standards for said sewer systems. c. Developer shall provide a storm water drainage system designed and constructed to serve each unit. The internal system shall carry water to the main line along the Foster Ave. and shall be designed with maximum on -site infiltration as approved by the City Engineer. With prior approval of the City Engineer, partial surface storm water conveyance, where necessary, can exit onto Baldwin Park Blvd. d. Developer shall provide a private common driveway designed and constructed to serve each unit and shall meet the minimum standards as required by the Los Angeles County Fire Department. Developer shall provide underground systems designed and constructed to provide all necessary utilities to each unit proposed to be created, including, but limited to, facilities for water, natural gas, electricity, CATV and telephone services. Fiber optic connections are strongly encouraged. Connection panels shall be individually connected and metered. All meters shall be screened from view and protected from vehicular traffic. 131 IL f, Developer shall provide a traffic regulatory system including necessary traffic signals, signs, pavement markings and stripings. ---- --- -- -- -- -- -- 4.1.17 SALE OF DWELLING UNITS This Specific Plan will re wire that the dwellino units be sold at market rate and, , not retained by the developer/owner for the purposes of rentiric of- (easing. Pursuant to the condifionai use permit approval. three (3) of the residential units shall be set aside for qualified moderate income households. The applicant.shall be responsible for providing gualifving documentation to the Cit )/'s Housing Authority for the three (3) moderate income units. The city's Housing Authorit shall have elaht (8 ) business days to approve the application package or deem the application package incomplete and submit comments to the ap iicant. Documentation and a proval must be com leted prior to the issuance of a Certificate of occupancy for the units specified for moderate income. See condition (z1 of Resolution -------------------------------------- 4.1.18 HOMEOWNERS ASSOCIATION (RESIDENTIAL) - COVENANTS, CONDITIONS AND RESTRICTIONS (CC &R's) CC &R's creating a Homeowners Association (HOA) shall be required to be ' submitted to the City's Planning Division for review and approval by the Planning Division, Engineering Division, and City Attorney's Office prior to the cetrificate of occupancy. _:ihe CC &Rs shall require that the HOA enforce the CC &Rs and_ --- shall include all requirements as provided herein. Deleted: <# >Devaioper shall prove' any and all other improvements f necessary by the City to provide o services to each unit. 9 Formatted: Font; Arial, 12 pt Formatted; Indent: Left: 0,5" J, Formatted: Font: Arial, 12 pt lleleted: This Specific Plan will require that the dwelling units he sold at market rate and not retained by the developerlowner for the purposes of renting or leasing'. Pursuant to the conditional use permit approval, three (3) of the residential units shall he set aside for quatifted moderate income househoids. The applicant shall be responsible for providing qualifying documentation to the Housing Authority for review and approval, prior to the issuance of a cedirrcate of 1 aecupancy. ¶ • � Formatted. Indent; left: 0" Before the first unit is sold, the developer shall record the CC &Rs on all of the baited: Final Map approval. properties. The CC &Rs shall state that the CC &Rs "run with the land ", meaning p that all successive buyers are bound by the sarne covenants as the original purchaser. 5.0 DESIGN GUIDELINES Building site and landscape design shall be in accordance with the attached Design Guidelines (Exhibit "CU). Design Guidelines are regarded as an appropriate means of advancing Plan Area Development goals. In particular, design guidelines can direct the Plan Area toward a more favorable environment by disallowing poor design solutions and encouraging superior design practices. Nonetheless, the applicable criteria are intended to express "intent rather than absolutes, thereby allowing a certain degree of flexibility as well as promoting creativity and innovation. Deviation from the guidelines shall be considered by the Design Review Committee; however, any deviations must exhibit a superior approach to fulfilling the intent, goals, and objectives of the Design Guidelines. 6,0 IMPLEMENTATION PROGRAM 12 The implementation of this Specific Plan will be accomplished through the City's development review process, considering development plans from concept to construction drawings. Upon adoption of the Plan, developers and/or property owners may prepare and submit plans for development within the Specific Plan Area. Development plans shall be prepared and submitted for review in conformance with the provisions of this Specific Plan and the requirements of the City's Municipal Code. Project review shall progress as follows: The City's Plan /Design Review process shall govern the approval or denial of a more fully developed design proposal, and no building permits will be issued until a proposal has received approval from the City's Plan /Design Review Committee. A more complete description of this process is provided as an attachment to the City's Plan /Design Review application form, and within the City's Zoning Code (Section 153.656), Provisions for an appeal of the Design Review Committee decisions to the Planning Commission and City Council shall be in conformance with the City's Municipal Code and Section 153.661 of the City's Zoning Code. The intent of Plan /Design Review is to promote and enhance good design and site relationships in order to provide for more orderly development within the City. The overriding design principle as established by the City's Zoning Code (Section 153,659.6) is as follows: "integrate the physical architectural element with the streetscape and to visually screen undesirable elements such as parking, storage, loading,- refuse collection and similar areas from the view of access streets, freeways and adjacent properfies." While this is a general design principle, the attached set of design guidelines are provided as a necessary means of clarifying appropriate design solutions, as well as providing a more substantial framework for the design review of project proposals. Project proposals shall also include an application for review of a Development Plan, which plans shall be considered and approved by the City Council, following a recommendation from City Staff and the Planning Commission. This procedure will follow Plan /Design Review, and precede the submittal of construction drawing to the City's Building Division for Plan Check approval. Construction drawings shall be drafted in compliance with an approved Development Plan. Any other necessary entitlements (Zone Change) will be considered in conjunction with the Development Plan. When the Tentative Map is submitted, it will be reviewed in accordance with the Specific Plan and Development Plan, 8.0 AMENDMENTS The provisions of this Specific Plan, including but not limited to, the documents attached hereto as Exhibits "A -C" inclusive, may be amended in the manner provided in Section 65450 of the Government Code as it now exists or as it may hereafter be amended, 13 Exhibit "A" - Area Map Exhibit "B" - Land Use Diagram Exhibit "C" - Design Guidelines. 14 EXHIBIT "A" 16 Exhibit "B" 16 EXHIBIT "C" DESIGN GUIDELINES 1. Building design shall avoid large monotonous facades, long straight line building fronts, plain box shapes and barren exterior treatment consistent with the design of residential function. 2. The roof lines of individual buildings shall be varied to reduce building mass. 3. Occasional building modulation (changes in depth and direction) shall be used to provide shade, shadow and visual relief by varying setbacks and roof configurations to eliminate continuous uninterrupted walls and roofiines. 4. Building setbacks shall increase with the height of the buildings; i.e. when possible, the second story of a building should be set back further than the first 'floor. Alternatively, the entire building shall be setback further from the adjacent property lines. 5. The combination of one and two story elements is encouraged for three -story dwellings, with the top story setback along the front elevation, emphasizing a pleasing view from the street. 6. Driveway areas shall contain design features including landscaping and textured paving. 7. Windows, doors, stairways, balconies, chimneys and other architectural features shall be treated in a decorative manner, consistent with the overall architectural theme, to break up monotony and add variety. For example, plain aluminum frame windows shall be avoided and multi- paned, octagonal, bay, greenhouse, circular or other decorative styles should be used in their place. 8. All mechanical equipment including wall mounted utility meters and air conditioning units shall be screened as an integral part of the building design and shall be screened from public view, No screening method is to give the appearance of being "tacked on." Roof mounted equipment is prohibited. 9. Building materials shall be selected for their architectural harmony and aesthetic quality. A variety of harmonious materials shall be used to avoid monotony. For example, stucco walls should include trim of other materials such as brick, rock, tile, or wood. 10. Roofing materials shall consist of ceramic or concrete tile. Asphalt or composition shingles shall not be used. 11. Perimeter walls shall be constructed of decorative concrete block (ke, stucco coated with brick cap or tile trim or other treatment) so as to be consistent with and complement the architectural style and colors of the building. 17 12. Natural earthtones or other colors with a subdued quality shall be used as the dominant exterior finish. Bright, garish, non - harmonious, or out of character colors shall not be used (reference Ordinance 1243). 13. Long straight pedestrian walkways shall be mitigated through off -sets, curvilinear approaches and changes in textures and/or colors. 14. Landscaping shall be an integral part of the site design. Significant mature trees shall be preserved. Berming is encouraged within the required yard areas adjacent to the street. Landscape plans should be prepared by a licensed landscape architect with extensive experience in the field of landscape design. 15. A variety of landscaping materials, textures, colors and forms shall be used, including trees, shrubs, ground cover, flowering plants, boulders, rocks, walls, textured surfaces, trellises and other elements. Drought resistant plants are required. 1E. The design of all exterior light fixtures should be compatible with the architecture of the building. 17. Driveways shall contain automatically controlled lighting. 18. Street lighting along Baldwin Park Blvd. and Foster Ave. shall be compatible with the street light standards of the City of Baldwin Park. 19. Front yard fencing along Baldwin Park Blvd. and Foster Ave. is prohibited. Chainlink fencing is prohibited. 20. A certified copy of this Specific Plan and Development Plan shall be provided to all future homeowners within the "Project" area. in ATTACHMENT #8 Subdivision Comments from the Public Works Department CITY OF BALDwIAl PARE; COND1TIOftS Or - r - (TENTATIVE) (TENTATIVE) • /T- 4 N I v PROJECT: TM 61747 Date: March 20, 20D8 3427 • 3441 Baldwin Park Blvd 13637 & 13643 Foster Ave REDUIRED? 'YES WO .COMPLIED l COMMENTS aECT;IION - _ i ..U...n .. EMS t Qi _..._ l Planning a) Lard Use, Zoning, Setbaclks, eic b) Conditions set forth in the Environmental Assessment ✓ D) Prior to beginning plans and designs for building or for on -site irnarovements, the ✓ '' Planning Department will require submission of oonceptuai piansiDt- staff review d) Building or on -site improvements will require Design Review cooidin ated by the ✓ I � Planning Department 3 ;1 e) CC &R's will be required and must be finalized and approved by the City Attorney ✓ s prior to F=inal Map approval 2 Building & Safety a) Except for Demolition Permits, prior to 'issuance of any Building Permits, the Final � ✓: vl .` "�' �� MUSS demo all existing siruciures prior Map must be recorded or the existing legal properly lines must noUr-tteriere with i t :F to Final Map approval proposed proieci ;;•;!: b) Plan checking and permitting is required by the Building and Safety Division prior `..' /.' E to any work on buildings including: Foundation,. Plumbing, Eieotrical, Framing, Roof, NVAC 3 Public Works a) Adhere to State of California Subdivision Map Act b) Final Map `. based on field survey Closure Sheets ✓ 't, �II Centerfine fins ✓ ''II Boundarymonuments ✓ s Dedicahons, Offers of Dedication, .;asamenis t i IN Utllify Easement : ✓: `f ` ' 1 r �if required by utfltty companies c) Prior to Final Mao aooroval, must have all designs and plans in Section E -7 approved by the City or relevant agency d) Prior to Final Map Approval, must complete all condifioned off -site improvements :; -. ,� Must complete all off -sites or deD.DSII or enter into a Subdivision Agreement safisfactor)f to the City 7naine er which a cash bond would guarantee full completion of all public improvements. e) Meet Los Aripeles County Fire Department Access Requirements ✓:'ar; f) Meet Los Angeles County Fire Deparlment Water Flow Requirennts ✓ IN g) All contractors / developers must adhere to the City's C &D Drdinance, and obtain :✓ clearance for C &D an every oDnstruction.permit. i h) Final Title Reoort / Guarantee, must be submitted and updated towltilin 1 C, days +!: 3 of Final Map approval ` cscxti -.• 1@�S}V ty cy.. rr x;r-:ri!F"'}d's-'�, ,k ».` > ° W * -p 3r• - i X a: I rlGLY%anT�gpbu7y'4Ax W f h_ 7 i1 L ;� ' Seal ' !•i .!» 4�TC Yom": r —•- yr �+E - psi . Ti ,k� S�.,. h.�.I^��:�i�i.r`.��,�,7�'�`•:Q V1�1i3�� yy� ��' �' �' :5�.��;.x��:��i�'y�:v�'`vu;pn '..>i".,e..�s 1 Traffic impacl Study ;'•f° f'eriorm a Traffic Impact Sludy at the lnstersecifons of Baldwin Park Blvd Sand f=oster Ave, and Foster Ave and Frazier S:, and Foster Ave and Maine GAIN Lana! Develwmenf%rmctMevslTM 61747 . 52 Ltnas on Foster any Balowln FarMl;orMiuns of Approval- TM 61747 Pape t of 6 7 lr u E 11 1 A." CITY OF BALDWIN PARK 71 CONDITIONS D F APPROVAL (T_ NTAT I VE) PROJECT: TM 91747 Date: March 20, 2008 3427 - 3441 Baldwin Park Blvd 13637 FYSS 13643 Faster Ave FIEMILAREE D? 'IT; DOMPUED COMM ENTS 2 Hydrology Study a) Submit a SWPPP to the State Water Duality Control Board b) Submit a Notice of nrent (N01) and a SUSMP _=valvation Formic the —Enoineering Division for review and approval. Requires williminesR m serve iron all utilities 3 Utility Availability I Sewer Capacity I Headiness -to -serve -51 DO, goxom&M� WX ONTO _.-"l IrA:�111&" , W-A xlvU�_ Demolition Demo all intertering structures prior 10 Final Map rn Will be required for brainaoe system the proposed tract 2 Grading or Drainage Pad/tooting oartific-abon required To, leach building 3 Pad Cerfificaiion 4 -Construct on-site pavement, minimum S-inch AC on 4 inch CAB or 6-inch PCC on comPacned native soil or 4-inch P,DC per soils report Required as part of the Grad ing/Drainag a Plan and prior to Certificate of Occupancy 5 Construct trash enclosure, nominal size 5 feet X 9 feat with PCO, slab 6 Driveway ✓ Revise the Site Pmn to snow a wider main entry (vehicles). 7 Parking Stalls incorporate the parkino stall standard lot 1 VX 20'. a Landscaping As required by Planning Deparimeril OIL` 0 011 Utiiitias Poch parcel is required to have separate utilities Unoerpround tram FOMF AVe TO Propeny and from Baldwin PRTk. Blvd To propcii), J ,..¢r 0) Water 0 0 Connection or service b) Flecitinal tConnection or service r) Gas -:;V. Oonnemior� or service Connection or service d) Telephone, Cable Storm Drain, Catch Sasin5, 00verts ME Connection or service f) Sanitary Sewer 2 Street improvements a) Roadway improvements Connection or service h) curb& 3titter Aionp entire troniaoc of on Baldwin Park Blvd and t=aster Av6 to ,e close existing drive approacheE,, ior new drive approach and to repair existing curb and putie,,. Must alsD repair curd and gutter of adjacent parcels It damaged as a result Of 1--onstruf-tion or subdivision wart;. .c) curb only II n' Revise the She P;an to snow a wider Revise entry (vehicles). d) Drive Approaches e) Meet Chair FIRM,-$ f) Cross-Gullers G:%j8D L.znd Dk!vujopmOnMi=tiv1.aDS%TM 6'.747 - 52 Units on Ponle- anO Balown ParkT_ondhons C ADurovM- 7M 61747 Page 2 Of 6 1-11 Y OT BALDWIN PARK ONDITION S OF APPROVAL C ' (TENTATIVE::) PROJECT-. TIM 61747 Date: March 2D, 2006 3427 • 3441 Baldwin Park Blvd 13637 L 13643 Faster Ave REQUIR T� D,) Y..Es (t D.-'� COMPLIED/ COMMENTS Sidewalk - instal) irrigation and provide lands aping to parkways AiDnq entire frontage (31 pmperly an Baldwin Park Blvd and Foster Ave. Must also repair sidewalk and parkway DI adjacent parcels it 4 damaged from construction or subdivision work. h) Landscaped Medians Z...., Remove existing palm 11DOB and replace with three city sire of trees. Trees reouired on both Baldwin Part: 81v6 and Foster Ave 1) street Trees j) Street Liptlfs Mfl Provide lighting along entire iran-tage oi properly o bosh Baldwin Park B1 vd and Foster Ave per 0lhr Maste r Street Lighting Plan. k) Traffic Slonais V WYK 1* 011 SIte Plan - Show Existing (Must show sufficient information beyond the property limits to appropriately propose and design improvements) Propariy lines, building(s) or structure(s), grades, contours, flow lines, etc. b) Adjacent•public- improvements (sidewalk, curb&gutter, parkways, trees, street lights, hydrants) 0) Adjacent underground & overhead jitifilles (gas, sewer, water, storm drains, catch basins, power poles) Site plan - Show Proposed: Show alt proposed irnprovemonns, a) Property lines, demolition limits, proposed removals b) Buildings / osruarures (w1 approximate square footages), grades, 00niOUrS, fir01,11 lines, etc ij c;) Public improvements inredac)ng with project(sidawalk, drive-approachos, curb&putter, parkways, trees, street lights, hydrants) d) Vtffit , connections for each property andl6r building( s) e) Sufficient detail to characterize proposed land development project 3 Grading or Drainage Plan, Post Construction BMP's 1GTading plan required for the trac'.. 4 Erosion Plan andior Construction BiVIPLS 5 Storm Water Mitigation Plan 6 SUSMP Plan As determined by SUSPP evaluator, iorm (see attachment for further 7 Sewer Plan t Submit a sewer man linai indicate Isawer lateral to each unit. .8 Utility Plan 5 1 This plan may be combined with street IMPraV9ment piari a) Underground alt utilities to each unitaxifiding '�Fenr)Dvc two wooden poles on Esaiowin Park Blvd and two wooden poles on Ave. �Ufilifies are not allowed to cross b) Ro)ocaie inleriering underpraund utilities 1proPosed or existing property lines Provide eicuricaf power service - Obtain plan and permit approval frorr, d) Provide Sews, Lateral to property W main lateral GA I BD Land DDVRi0DMVnf%-T raCtManS%TKAr 6',747 • 52 Unns on Fosler and Baldwin ParMSOnSniarir W, Approval , TM 61747 Faus 3 of 6 :7 E �A n CITY OF B.AwEV4rIN PARK, _ s h.� CCN(]MONI5 © F APPROVAL (T ENTAT-1VE) 1.y PROJECT: TM 61747 hate: March 20, 2ODS 3427 - 3441 Baldwin Park Blvd 13637 I & 13643 Foster Ave REQUIRED?l YES =1a0..- .COMPLIEDICOMMFNTs e) Separate sewer connection for each building ✓ .�ach unit must have independent �. Isewer lateral - f) Cap off exisfing sewer connection trial will no longer be used ✓ g) Provide Water service to each proposed parcel - Obtain plan approval and permfl from Water Company sf ! ✓ :' _ach unit must have independent h) Separate water service for each building or separate ownership i) Replace exisfino old1substandard water service .; water service ,/ Per water company rewmmendaiion j) Install backhow device for domestic warathandscape Irrigation, cerfitiecl testing `r :r% t =i. ,; per water company standards I ;3`s� Iii required by t=ire Department k) Upgrade existing substandard hydrant;,;_ 1) Instal/ new hydrant per Water Company Standard ✓ , = , r � it: 1 Ili required by Fire Department .✓ ; ' ^P( Ili required by t=ire Depaament m) Install fire sprinklers n) Satisfy Fire Deparimenf fire flow requirements g Street Pian a) remove existing driveway approach that will no longerbe used. Replace depressed ::_ Drive approach must align with curb & putter '`i {�¢ proposed driveway b) Construct PCC driveway approach 6•inehes thick per Cfty Standard J i use oommercial driveway stanpard c) Construct wheel chair ramp per Olt), Standard 3 I d) R &R broken concrete sidewalk adjacent to property ,r t jC4 reserves the right to require reptacement of broken SM e) R &P broken curbigutteradjacent to property ' City reserves the right to require replacement of broken u &G '.:; �,i _:y F 1 Cap utility trench per Cin, s;anoard f) R &R roadway pavement section & street improvements as noted. Pavement section requires approval by Oft), Engineer g) Install streetlights ✓ .': Per City Nester Street Lighting ?Ear: h) Provide channelizaiion or striping plan for the roadway pavement improvements ✓. ✓ a ' ' condition D -2 plant 1) Plant parkway trees Der Olt), Standard and OV Master Tree Plan, 24 -in ch box minimum (15 gaffon tree ahowed it parkway is irrigated) 2, 24" be): trees j) Construct tree wells per Clty Standard with tree grates {commeraialarerasj ?::: 5 ° ;:or any period durino construction during which public streets are i D Traffic Control Plan 's obstructed. r , } y F �W �� A . 1Ik 5N A permit from Public Works is required for all offsite improvements i Demolition 4, �'`�r"- W. Wiust be completed before imai maU ✓? lone permit berore Demo, separate permtt ter CDnatruction. 2 Construction & Demolition Debris Permit 3 General Construction Activity Siom) Water Permit (GCASWP) ay ~ fdr EASWP must beoiatained pnDrtc ding Permit issuance (see ghment for iurti,er aetatEs} ✓I_ Grading permit neiore building permit 4 uradinc or Drainage E Utility Permits from each utility owner g Sewer Connection Permit (city owned sewer system) �Wlll need tc aisu oayior Sewer Capital Fees (see Fees SeDlion) 7 Excavation permit iram the City for all utility installations in the Public POW ,I I _� GM 8D Land reeve =menllTraclMaPMTM 61,747 • 62 Units an rosier and Baldwin FarMGWAIiOM of Appinvai - TM 61.747 Paoe 4 of 'c C17YOF BALD WIN PARK CDN DMONIS D F APPROVAL (TEN TAT I \1 Er) PROJ;EC7: TM 61747 Date; March 20, 2DO8 3427 - 3441 Beldwin Part. Blvd 19037 & 13643 Foster Ave REQUIRED?FY=S 1. -NO COMPLIED I C-OMMEWTS 8 Construction Permit 'tor Ofi-Site improvements flmreei imriroveman-Ls) ✓ 9 Building Permits as necessary from BF ✓ See attached fee schedules - subject to change by City counchr. ction. Fee charged will be the effective tee at the time of tee payment If off -site improvements are not bonded for, payment for permits is required prior to Final 10ap recordation. If off -she improvements are bonded for, Payment for permits is not rcauirpd prior to Finallhimp recordation. IIII 1 Plan Checks W. i See Public Works fee scrieduie (attached) 7; See Public Works teesconecluie e) Pay Storm Water Mitigation Pjan Check Fee b) Pay for Construction & Demolition Debris Permit 7 r a) Pay Final Mapiee (aftacried) f) Pay Sewer Plan Check fee (tee based on materials cost --mustsubmit cost estimate of sewer improvements material) ISee Public Works iee schedule 'See Public Works fee gc�habwe Ftzachad) D) Flay Plan Check fees for Off-Site / Public Improvements (tee basted on Gast - Ys.'. b) Pay Grading Plan Check lee (fee based an import I eypor, - must submit 9C Public Works iee s-.heauie quantity estimate) "KIff 5 I Issued by Building & Safety Division, lattached) c) Pay Drainage Plan CheGl,, Pee Of check with that Division P-) F12LY for Excavation Permit Off -Sites to PW (tor utilities) f) Pay for Sewer Permit& inspection ./ : :3� Set, Publi-. Works tee scriaduic 2 Permits H - qv" n%ffi IIII d) Pay Erosion Control Plan Check Fee W. i See Public Works fee scrieduie (attached) 7; See Public Works teesconecluie e) Pay Storm Water Mitigation Pjan Check Fee b) Pay for Construction & Demolition Debris Permit 7 r (aftacried) f) Pay Sewer Plan Check fee (tee based on materials cost --mustsubmit cost estimate of sewer improvements material) 'See Public Works fee gc�habwe Ftzachad) D) Flay Plan Check fees for Off-Site / Public Improvements (tee basted on Gast - See Public WorKs iee schebute must submit cost estimate of public improvements) (attached) h) Pay Plan Check tees for On Sits !Building Improvements "KIff I Issued by Building & Safety Division, Of check with that Division 2 Permits a) Pay for Demolition Permit / On�Slye Improvements W. i I Issued by BuBd:ing L Salary Division, -hook with that Division b) Pay for Construction & Demolition Debris Permit See Public Works iee schabuie (attached) a) Pay tar Grading I Drainage Permit i On Site IM13MVements. to PW See Public W arks fee scriecui e (attached) d) Pay for Building -Permit/ On-Site Building. Improvements to B&S "KIff Issued by Building L Saimy Division, Of check with that Division P-) F12LY for Excavation Permit Off -Sites to PW (tor utilities) f) Pay for Sewer Permit& inspection ./ : :3� . Sae Public wutKs iee acneduic (attached) 500 tot each SaOdIE installed, 5000 for each dwelling unit added 9) Pay for Construction Permit Off-She Street improvements to W See Public- Works iee =heouic I(attaoned) V1 '3 Assessments a) Special Pissessments b) School Fees e-m n � a. As oelermined oy i�uijdihp t. Safety c) Traffic Jmoa--! d) Sawa.- Connection Fees NA e) Pay sewer capital facility charge saoU per lot developed or created. See Pubiic Wori:s tee =,Iheduie (attached) f) Quimby As determined by Planning I Department GAM Land rJ1J!V1310DMenft7 mn.WapS�TM a,747 - 52 Units on Fosip. and balown 1`&rP=cr1_1iL3ns of Appru✓al • TW. M74: , pat)e 5 of 6 r .1 �4RY_ 'ROJECT: TIA 61747 3427 • 3441 Baldwin Park Blvd 13637 & 13643 Foster Ave R Subdivision Agreement a) Provide pertarmance bond b) Provide labor and rraierial bond CITYOF BAl_DWIN PARK CON DMONSDF APPROVAL (TEN T AT f F ) Date: March 2D, 2DO8 COMPLIED I COMMENTS Cash pond only prior io =rnaI Map. All ofishes must be completed prior to Certifinale of Occupancy. Compiled by: ---�� 2 �- 1, - - -�— Reviewed by: Approved by; Oirecior of Puhiic 1NorYS / City Engineer r,nI B6 Land Ueve1oomen117ractMapslTh4 oi747 • 52 Units on rawer and Baldwo PaWl ;ondlior -s of Aporovaf • TM E1747 Paue 6 Ql 6 ATTACHMENT #9 Application Form r t1 � BALDWIN P A, R, K TYPE OF APPLICATION General Plan Amendment _ Zone Change _ Code Amendment Development Plan CRA Conceptual Approval APPLICATION INFORMATION "ITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN -PARK, CA 91706 (626) 813 -6261 _ Redevelopment Overlay Zone Variance Conditional Use Permit _ Administrative Adjustment _ Specific Plan ✓ Other 74 dZ Name of Applicant(s)�� 0, </ Address /7 7,3 "-" � 21��s �Gv�r�-,,- c 'r l-7f Phone No.K,'2G -- � ";F -S` S6 Capacity. D Owner(s)of Record _1-2C_ Owner's Address PROPERTY INFORMATION Location—,3V?--7,, 31-/7 3 3" // Assessor Parcel Number(s) 22 - Tract and Lot Number(s) Existing General Plan Designation Existing Zoning for each Parce Existing Land Use Code Section to be Amended Purpose of re ue IN I /we acknowledge the filing of this application and certify that all the above information is true and accurate and that I /we have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) ignature L: , j-', ? i JS Signature FOR CITY USE ONLY: r � File No:S� � f�' '\Fee: f Received by 151 Date Date Date:' l ATTACHMENT #10 Resolution 2009 -045 RESOLUTION 2009 -045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A MODIFICATION TO SPECIFIC PLAN (SP 08 -01), AND CONDITIONS OF APPROVAL OF CITY COUNCIL RESOLUTION 2008 -034 (CASE NO.: SP 08 -01; LOCATION: 3427 -3441 BALDWIN PARK BOULEVARD; APPLICANT: D.C. CORPORATION). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) Developers of certain real property located at 3427 -3441 Baldwin Park Boulevard met with City staff and requested modifications to the Specific Plan (SP 08 -01) and the original conditions of approval of City Council Resolution 2008 -034. (b) An application ( "Application ") for an amendment to the Specific Plan (SP 08 -01) and City Council Resolution 2008 -034 was submitted on behalf of the owner of certain real property, located at 3427- 3441 Baldwin Park Boulevard in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (c) The Application seeks to modify the Specific Plan (SP 08- 01) and City Council Resolution 2008 -034; and (d) On October 14, 2009, a duly noticed meeting was held on the Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended the City Council approve the modification to the Specific Plan (SP 08 -01) and City Council Resolution 2008 -034; and (e) A duly noticed public meeting was held on the Application by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined facts as required by the Baldwin Park Municipal Code for the granting of such Application are present and that the Specific Plan (SP 08 -01) and City Council Resolution 2008 -034 should be approved. SECTION 2. Specific Plan SP 08 -01, as set forth in Exhibit "A" hereto, hereby is approved. SECTION 3. the Development Plan as set forth in Exhibit "B ", as herein described, be and the same hereby is approved subject to the following conditions of approval. a) The subject property shall be developed and maintained in substantial accordance with Exhibit "A" and Exhibit "B," dated June 4, 2008, except as modified herein; and b) Electric garage door openers shall be provided for each unit; and c) Sectional roll -up garage doors shall be provided for each unit; and d) Each structure shall be pre -wired for security /alarm system and include motion sensor external lighting at all entries /exits and garages; and e) The applicant shall install public improvements as required by the Engineering Division and County Fire Department; and f) A Homeowners Association (HOA) shall be established, pursuant to state law, and Covenants, Conditions and Restrictions (CC &R's) for the HOA shall be provided to the City for review. The applicant shall reimburse the City for the costs associated with the City Attorney review of the CC &R's. The CC &R's must be submitted to the State Department of Real Estate at the same time the Final Map is recorded. Submission of the CC &R's and Final Map may be deferred, but both documents must be recorded prior to the issuance of the first Certificate of Occupancy; and g) The CC &R's shall include a condition requiring the HOA to be responsible for the removal of any graffiti visible from the public right -of- way immediately or within 24 hours after notice from the City or if not done, then the City will have the right to remove it and seek recovery of that cost from the HOA ; and h) The applicant shall construct the project according to the most recent Edition of the Uniform Building Code as adopted by the City; and i) The Landscaping and Irrigation Plan shall be submitted for review and approval following building plan check acceptance. Installation must be completed and inspected prior to the issuance of a Certificate of Occupancy. Once installed, all landscaping must be continually maintained and preserved in accordance with the approved landscape and irrigation plan. No trees shall be removed without good cause, and only with prior written approval by the Planning Division. All landscaping shall be automatically irrigated; and j) The applicant shall prepare an area analysis, in accordance with Chapters 3 and 5 of the California Building Code 2007 (CBC), depicting types of occupancies, depicting allowable area and proposed area for each building; and k) The applicant shall show all required occupancy separations, if any; and 1) The applicant shall provide exit analysis drafted in accordance with CBC. Chapter 10, depicting all required exists and travel distance for all exists; and m) The applicant shall comply with the accessibility requirements of the CBC; and n) The applicant shall obtain the following approvals prior to applying for Building Permits: 1) Approval from Planning Division 2) Approval from Engineering /Public Works Department 3) Approval from Fire Department o) The design shall meet the requirements of the CBC and latest adopted City of Baldwin Park building ordinance, in effect at the time of building permit application date; and p) The applicant shall provide to the City complete Architectural, Structural, Electrical, Plumbing, Mechanical, and Title -24 California Energy plans and reports. Plans must be prepared by architects and/or engineers licensed in the State of California. Two sets of plans and two sets of reports (energy reports, structural calculation, soils reports, etc.) must be submitted when applying for a building permit; and q) The applicant shall submit building pad certification if this project requires grading work. Pad certification is required prior to issuance of a building permit; and r) The applicant shall submit a copy of the recorded parcel map if this project requires a parcel map. Parcel map must be recorded prior to building permit issuance; and s) The applicant is responsible for contacting the City to inquire about and submit all development fees required for this project, which shall be paid at the time a building permit is sought and/or prior to issuance of the Certificate of Occupancy. The applicant shall be required to pay the fees in accordance with the letter dated September 11, 2009. This provision in no way limits the City's ability or authority to impose applicable fees not herein listed. The applicable fees may include but are not limited to the following: - Building permit fees - Plan check fees - Planning Department fees - Engineering 1 Public Works fees - School fees. - Fees imposed by other agencies - Quimby Fee - Public Art Fee - Traffic Impact Fee - Flood Control Fee - Mitigation Fees t) The applicant shall meet all conditions of the Los Angeles County Fire Department prior to recordation. A written notification or approval plan from the Fire Department must be submitted to the City; and u) All conditions of the Subdivision Map Act shall be met, including those as identified by the City's Engineering Division at Attachment #8; and v) The Final Map shall be recorded prior to the issuance of the first Certificate of Occupancy (see condition f); and w) The applicant shall red curb (paint) the eastbound approach to the intersection (to 100 feet back of the limit line) on Foster Avenue at the intersection with Baldwin Park Boulevard; and x) The applicant shall install a detector loop in the right turn lane at the limit line along Foster Avenue at the intersection with Baldwin Park Boulevard; and y) The applicant shall provide a cash deposit in the amount of $60,000 to the Engineering Division for the future installation of a traffic signal at the Foster Avenue /Frazier Street intersection. A letter of credit in the amount of $60,000 may be substituted for the cash deposit, however, a $60,000 cash deposit shall be required prior to any issuance of a Certificate of Occupancy, unless the traffic signal has been constructed; and z) A demolition permit, grading permit, block wall building permit and off -site improvements permit may be issued prior to final map recordation. All other building and construction permits shall not be issued until the final map has been recorded; and aa) The applicant and owner shall be responsible for providing qualifying documentation to the City's Housing Authority for the three (3) moderate - income units. The City's Housing Authority shall have eight (8) business days to approve the application or deem the application package incomplete and submit comments to the applicant and owner. Documentation and approval of the proposed home buyer must be completed prior to the issuance of a Certificate of Occupancy for the identified moderate- income units; and bb) Payment of all applicable Impact Fees for each phase shall be calculated in accordance with City Council Resolution at a market rate for each unit within each phase of development, and cc) Impact Fees for each phase of development must be paid in full prior to the issuance of the last Certificate of Occupancy for the applicable phase and prior to beginning construction of the next phase of development. In the event any phase is commenced but not completed (i.e., the applicant does not build every unit in a phase), the applicant remains responsible for all applicable fees and shall pay said fees immediately upon written notice form the City. For the fourth phase, the fees shall be paid before the issuance of the last Certificate of Occupancy for that phase, but no later than nine (9) months after issuance of the building permit for that phase; and dd) The applicant shall continue to seek a construction loan and when received shall promptly notify the City and pay all impact fees in full. The applicant acknowledges at the completion of Phases 1, 2 and 3 written proof shall be provided evidencing the applicant's continued good faith efforts to seek a construction loan; and ee) Unless the applicant commences construction of the project, approved as Development Plan (DR -37), within one (1) year after the date of approval and the applicant proceeds timely and in good faith to complete the construction, both in accordance with all conditions of approval, that approval shall become null and void and will be subject to revocation pending a hearing by the Planning Commission, or the City Council if the project had been appealed to the City Council. Furthermore, any costs associated with the revocation of the subject approval shall be paid by the applicant and/or owner; and ff) The applicant shall sign a notarized affidavit within twenty (20) days after the entitlements are approved by the City Council stating the applicant has read and accepts all of the conditions of approval. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED AND APPROVED this 18 °h day of November, 2009 MANUEL LOZANO, MAYOR ATTEST: LAURA M. NIETO, CMC DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, LAURA M. NIETO, CMC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2009 -045 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on November 18, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN'. LAURA M. NIETO,CMC DEPUTY CITY CLERK CITY COUNCIL AGENDA P • A • R > K TO: Honorable Mayor and Members of the City Coun it FROM: Vijay Singhal, Chief Executive Office DATE: November 18, 2009 SUBJECT: AUTHORIZATION TO EXTEND THE CONTRACT FOR COLLECTION OF SOLID WASTES WITH WASTE MANAGEMENT PURPOSE The purpose of this report is to request City Council authorization to extend the contract for Collection of Solid Wastes which includes solid waste, refuse, and recycling services with Waste Management for a three year period. BACKGROUND The City of Baldwin Park has an exclusive Franchise Agreement with Waste Management of the Pomona 1 San Gabriel Valley for services needed to collect and dispose of all refuse and solid waste generated within the City of Baldwin Park. The current contract expires on June 30, 2010. The original Franchise Agreement was approved on 1990. The services under that agreement have evolved over time. Although the focal point of the agreement remains solid waste collection, new laws such AB 939 which mandate solid waste diversion from landfills, and environmental regulations such as National Pollutant Discharge Elimination System (NPDES), now play a key role in solid waste services. In order to provide services that are responsive to today's challenges and to provide better value for the residents, on August 18, 2009 City staff requested and the City Council authorized intent to issue an RFP for Waste services. Waste Management has proposed options for a contract extension. Staff informed Waste Management the City Council's intent of the RFP was to explore if the City is receiving the best value under the current contract. It is staff's view that any discussions for an extension must include following elements: Consideration of a Solid Waste Contract Extension to Waste Management Page 2 of 5 November 18, 2009 1. Rate stabilization for residents 2. Increase in Franchise fees to offset the costs of managing the impacts created by refuse and recycling collection services on city streets 3. Improved bulky item pickup program DISCUSSION Over the past few months Waste Management has discussed several proposals with staff, and staff has finalized the following recommendation for Council consideration and approval: 1. Contract extension for a 3 -year period from July 1, 2010 to June 30, 2013, 2. No rate increase for residential customers for first two years. In the third year beginning on July 1, 2012, Waste Management shall receive an increase based on CPI but shall not exceed 4 %. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CPI increase for Los Angeles Riverside County during the Calendar Year 2011. This would provide a four year rate freeze for residential customers. 3. No rate increase for Commercial and Industrial customers for the first year. In the second and third years, beginning July 1, 2011 and July 1, 2012, Waste Management shall receive an increase based on CPI but shall not exceed 5 %. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CPI increase for Los Angeles Riverside County during the previous respective calendar year, 2010 or 2011. This would provide a three year rate freeze for commercial customers. 4. To offset the costs incurred by the City in dealing with the impacts created by waste and recycling collection services, Waste Management has agreed to increase the Franchise fees from the current 10% as follows: a. Beginning July 1, 2010 Franchise fees on residential revenue shall be 14% of cash receipts and Franchise fees on commercial and industrial including roll -offs shall be 17% of cash receipts. b. Beginning July 1, 2011 Franchise fees on residential revenue shall be 15% of cash receipts and Franchise fees on commercial and industrial including roil -offs shall be 18% of cash receipts. 5. Waste Management shall work with staff to secure grants for implementing recycling and waste reduction programs, 6. Waste Management shall work with staff in improving the bulky item pickup Consideration of a Solid Waste Contract Extension to Waste Management Page 3 of 5 November 18, 2009 program. Currently Waste Management tags bulky placed on the curb by residents on Friday and picks them up the following Monday. As a result, items stay on the sidewalk the entire weekend. Under the new program Waste Management will pick up the bulky items on Friday. Waste Management shall also implement a program to pick up bulky items from public properties promptly upon city's request. The Contract extension provides following benefits to the City; Waste Management has been providing waste collection and recycling services in the community for a very long time. Waste Management has been a good partner and has always been willing to offer new and improved services when requested by the City. Waste Management has been very proactive in implementing programs to comply with State and environmental mandates, and is committed to education and awareness programs in the community. Extension will allow City and Waste Management to continue these services without interruption. The current contract provides for automatic rate increases based on CPI increases and additional increases for extraordinary costs based on increases in items such as disposal fees and fuel costs. For the past two years City has not granted any rate increases to Waste Management even though the CPI has increased and land fill tipping fees have increased significantly (29% increase between January 2007 to January 2009 and an additional increase of 13% on January 1, 2010). Further significant increases in landfill tipping fees are expected in 2011 and 2012 because the Puente Hills landfill is scheduled to close. This extension not only provides rate freezes but also eliminates the extraordinary increases such as anticipated increase in landfill tipping fees. Waste Management currently has their facility in Baldwin Park and employs 39 Baldwin Park residents. Contract extension will ensure job continuity for these and other Waste Management employees. Waste Management is a Green Company at currently 50% of its fleet runs on LNG. Waste Management is anticipated to increase this to 80% by the end of the three year extension. This could help the City in compliance with State mandates pursuant to AB 32 and 375. The new contract extension will also generate approximately $1.4 million additional revenue for the City over the next three years. Staff believes that the proposed contract extension creates very good value for the community and the City. The city will continue to receive the quality service, stable rate structure at lower cost. The original contract was for a seven year period and has been amended four times to incorporate program changes. However, this is the first time that the contract extension Consideration of a Solid Waste Contract Extension to Waste Management Page 4 of 5 November 18, 2009 includes rate freezes and increase in Franchise fees, FISCAL IMPACT The contract extension will have a positive fiscal impact of $1.4 million over the three year period. RECOMMENDATION It is recommended that the City Council authorize the extension of the existing contract for the Collection of solid Wastes which includes collection, disposal, and recycling services under the following terms: 1. Contract extension for a 3 year period from July 1, 2010 to June 30, 2013. 2. No rate increase for residential customers for first two years. In the third year beginning on July 1, 2012, Waste Management shall receive an increase based on CPI but shall not exceed 4 %. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CPI increase for Los Angeles Riverside County during the Calendar Year 2011. 3. No rate increase for Commercial and Industrial customers for the first year. In the second and third years beginning July 1, 2011 and July 1, Waste Management shall receive an increase based on CPI but shall not exceed 5 %. No additional increases for extraordinary costs such as Landfill tipping fees, fuel cost increases or any other items as provided in the current contract shall be granted. The CPI increase shall be based on the average CPI increase for Los Angeles Riverside County during the Calendar Year 2011. 4. To offset the costs incurred by the city in dealing with the impacts created by waste and recycling collection services Waste Management has agreed to increase the Franchise fees from the current 10% as follows: i. Beginning July 1, 2010 Franchise fees on residential revenue shall be 14% of cash receipts and Franchise fees on commercial and industrial revenues including roll -offs shall be 17% of cash receipts. ii. Beginning July 1, 2011 Franchise fees on residential revenue shall be 18% of cash receipts and Franchise fees on commercial and industrial revenues including roll -offs shall be 18% of cash receipts 5) Waste Management shall work with staff to secure grants for implementing recycling and waste reduction programs. Consideration of a Solid Waste Contract Extension to Waste Management Page 5 of 5 November 18, 2009 6) Waste Management shall work with staff in improving the bulky item pickup program. Currently Waste Management tags bulky placed on the curb by residents on Friday and picks them on Monday. As a result items stay on the sidewalk the entire weekend. Under the new program Waste Management will pick up the bulky items on Friday, Waste Management shall also implement a program to pick up bulky items from public properties promptly upon city's request, Staff is working on the contract amendment, which will be provided to the Council prior to the meeting. ATTACHMENTS Letter Dated 11/12/2009 from Waste Management j tF j November 12, 2009 Vijay Singhal Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Re: Proposal to Extend the Waste Management Exclusive Franchise Agreement Dear Mr. Singhal: Waste Management is pleased to be a part of the Baldwin Park community, and is proud of our successful history as a recycling and solid waste collection provider. We have provided quality service to the city's residents and businesses, and know the community firsthand. We have a facility located within the City with more than 170 employees; 39 of these employees actually live in the City and contribute to the local economy. Waste Management respectfully requests that the City of Baldwin Park grant a three -year extension to the franchise agreement based on three key elements that will provide rate stability to the residents, an increase in revenue to the city through additional franchise fees, and a commitment to redesign the Code 50 Bulky Item Program. In addition, Baldwin Park will continue to benefit from our team of dedicated professionals. From our frontline drivers to our top -line executives, Waste Management offers Baldwin Park unparalleled resources already deeply familiar with the service requirements of every customer. It is Waste Management's extensive and ongoing safety and customer service training programs that make the difference in our drivers' ability to provide the superior service that you have come to expect. Waste Management's "Mission to Zero" safety program is unique in the industry, and has produced a dramatic reduction of safety incidents nationwide without compromising performance. Diversion Rate. Through the partnership between the City of Baldwin Park and Waste Management, we were able to successfully remove the City from the California Integrated Waste Management Board's compliance order. This was partially made possible through Waste Management's significant investment, from both a financial and resource perspective. Waste Management staff members conducted more than 200 surveys of Baldwin Park businesses to identify critical tonnage, resulting in the City meeting and exceeding the 50% compliance diversion requirements under AB939. Through this effort and numerous programs, Baldwin Park's diversion rate increased approximately 20 %. Programs included C & D program, free multi - family recycling, free green waste program, street sweeping recycling program, Sharps and LampTracker. Public; Education. Waste Management is committed to continuing to provide high - quality, extensive education programs, school outreach, recycling incentive programs, and value -add programs to increase diversion. Waste Management understands that constant education to the City of Baldwin Park 11/12/2009 1 Community is important to increase environmental awareness and stewardship. Therefore, we propose at a minimum the following components to an Annual Public Education Plan: • Annual newsletter distributed to residents — format and content to be approved by the City • Continue biannual flyer /notification to all commercial and industrial customers promoting recycling • Working with the Los Angeles County Fairplex to develop a "Baldwin Park Day at the Fair" to include a "Community Hero" program, "Kids Day at the Fair" and support of the "Big Yellow Bus program" • Enhancing the Humanities Club at Baldwin Park High School in developing and implementing a student "Sustainable Living" program Unison Shop. Waste Management is part of Teamsters 495 that represents thousands of employees in Southern California, 39 of the union workers live and work in Baldwin Park. The union provides fair wages and their organization is committed to superior customer service and adopts the same stringent safety rules as Waste Management. Above and Beyond Partnering. As City goals continue to evolve and State regulations become more stringent, Waste Management dedicates additional resources above and beyond general contract requirements. Today, Waste Management has the largest fleet of alternative fuel vehicles in California. 50% of the fleet serving the City of Baldwin Park is fueled with ultra low sulfur diesel fuel and 50% of the fleet is fueled with Liquefied Natural Gas (LNG). Each year Waste Management's Baldwin Park District replaces approximately 10% of its truck fleet with LNG trucks. At the end of this requested extension, approximately 80% Waste Management's fleet will be LNG fueled. Waste Management will continue to assist the City with handling and managing its special waste streams and requirements through convenient, easy -to -use collection programs at no additional charge to the City or residents. Value -added services currently provided in Waste Management's City of Baldwin Park service package include: ■ Sharps Mail back program for all residents ■ BatteryTracker collection and mail back program for Public Works Department ■ LampTracker disposal solutions for Public Works Department ■ Residential curbside E -Waste collection ■ School outreach ■ Consultative Services: Waste Management provides grant writing and administratior and legislative expertise ■ Comprehensive multi - family recycling outreach plan including all materials and in- house baskets ■ Public Education and Outreach: Including new electronic options (such as electronic welcome packets, e -mail notifications, and website updates) ■ Superior safety record ■ Reduction in staff time related to administration of agreement and transition to different service provider ■ Recycling incentive program options ■ Disposal component guarantee (potentially multi - million dollar savings) ■ Company -owned and operated processing and disposal sites City of Baldwin Park 11/12/2009 ■ Waste Watch Program ■ Community in -kind and cash donations ® Dedicated Waste Management Public Sector Services Manager Select program descriptions: Lampiracker Program. City facilities safely dispose of fluorescent tubes and CFL's using Waste Management's LampTracker program. Waste Management provides easy -to -use fluorescent tube, CFL, and battery recycling options. The program is designed and engineered to provide a systematic, total -care approach to storage, handling, transport and recycling of fluorescent lamps, batteries and ballasts. It provides a convenient, mail -back solution to meet the Universal Rule in the State of California. Mail Back Sharps Program. Waste Management provides an easy to use, no cost, convenient solution to meet the Sharp's needs Baldwin Park residents. Today, more than 9 million Americans legally self- inject each year to treat numerous medical conditions and more than 3 billion needles and syringes used by self- injectors end up in trash or recycling containers or are flushed down toilets, posing serious risk of injury and infection to community workers, janitors, waste workers, and children. Many of these self- injectors are unaware of safe disposal methods available to them. Additionally, in April 2006, Governor Schwarzenegger signed Assembly Bill 1305 that would revise a section of the state's Medical Waste Management Act to make it a violation of state law for home - generated sharps waste to be placed in solid waste, recycling or green waste containers. Effective September 1, 2008, AB1305 also requires that all home - generated sharps waste must be transported in approved sharps containers and managed by a hazardous waste facility, medical waste generator facility, or a facility managed as part of a mail back program. Waste Management's program provides the necessary education, convenient disposal method and built -in AB1305 compliance to the residents of Baldwin Park. Curbside E -waste Collection. California state mandates demand that a -waste be collected and processed separately from other waste. Waste Management collects e -waste as part of the City of Baldwin Park bulky item collection program, at no additional charge to the City or residents. This curbside e -waste collection program has proven to be very convenient to the customer and City, and fully complies with the state mandate. Consultative Services. Waste Management is in the process of assisting the City with writing a grant proposal to acquire funds that if awarded will enable the City to develop and implement programs to prevent illegal dumping activities. We are also actively researching other grant funding opportunities for the City, e.g., Energy Efficiency and Conservation Grant Block (EECGB) funding that could be used toward solar compactors or other efficiency solutions. C & D Waste Ordinance. Waste Management will assist in developing and enhancing the existing process related to the Construction and Demolition Ordinance in the City. Based on our experience, Waste Management can also assist in training City personnel and assisting in creating processes to ensure that the construction waste ordinance is enforced and is adhered to by contractors. Successful administration of this ordinance will increase the diversion rate by increasing the volume of construction waste "captured" for both processing and better documentation of diversion. Additionally, Baldwin Park realizes the benefits from City of Baldwin Park 11/12/2009 3 Waste Management's two C & D processing facilities that have certified diversion rates of over 75 %. Waste Management transports and recycled rich C & D loads to our facility in Downtown Los Angeles to maximize diversion for the City. Waste Management's Proposal to the City of Baldwin Park for an Extension to the Exclusive Franchise Services The City has a solid waste ordinance and several resolutions in place detailing how these services are to be provided. We suggest using these documents to set the general terms and conditions for the franchise agreement, consistent with the proposal terms set forth in this letter. Key Waste Management Proposal Elements 1. Rate Stabilization — Waste Management is proposing a two -year rate freeze to benefit the residential customers and a one -year rate freeze for the commercial customers in Baldwin Park. This will greatly benefit the community in today's difficult economic environment. Commercial and industrial customers will be subject to a rate increase in year two, based on 100% of the consumer price index, but not to exceed 5 %. The third year of the extension requests a rate increase for residential customers at 100% of the consumer price index, not to exceed 4 %. Rates for all commercial and industrial customers will increase based on 100% consumer price index and not to exceed 5 %. 2. Increased Revenue to City —As part of this extension proposal, Waste Management will increase the franchise fee payment to the city as follows: Increase residential customer franchise fees to 14 percent in year -one, increase to 15 percent in year -two and three. Increase commercial /industrial customer franchise fees to 17 percent in year -one and increase to 18 percent in year -two and three. 3. Code 50 Bulky Item Enhancements — Waste Management is committed to improving the community beautification efforts. We propose revising the Code 50 program to more efficiently address the issue of illegal dumping and bulky item collection. Waste Management will work closely with City Staff to collect illegally dumped items as they are reported and will collect all residential bulky items placed at the curb on Fridays. In summary, Waste Management has compiled a comprehensive and competitive proposal for your review, and looks forward to discussing it in further detail. We feel that the proposal is a win -win for all parties involved. Thank you for your consideration. Y, Public Sec`to'r Services Manager Waste M6(hagement of Baldwin Park City of Baldwin Park 11/12/2009 4 AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING November 18, 2009 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BAIDWN P& A* Ro X Manuel Lozano - Chair Monica Garcia - Vice Chair Anthony J. Bejarano - Member Marlen Garcia - Member Ricardo Pacheco - 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 five (5) 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 cinco (5) 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 — November 18, 2009 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Vice -Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 regular meeting minutes of November 4, 2009. 2. CONCEPTUAL REVIEW FOR A PARCEL MAP (PM -1408) FOR THREE (3) INDUSTRIAL CONDOMINIUM PROPERTIES AND ONE (1) COMMON AREA PROPERTY (SAN GABRIEL RIVER REDEVELOPMENT PROJECT AREA;) LOCATION: 4700 -4750 LITTLEJOHN STREET; APPLICANT: BEVERLY JOHNSON; CASE NO. CDC 09 -03 Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 454 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE PROPOSED INDUSTRIAL CONDOMINIUM SUBDIVISION FOR THE PROPERTY LOCATED AT 4700 -4750 LITTLEJOHN STREET WITHIN THE SAN GABRIEL RIVER REDEVELOPMENT PROJECT AREA; LOCATION: 4700 - 4750 LITTLEJOHN STREET; APPLICANT: BEVERLY JOHNSON; CASE NO.: CDC 09 -03." ADJOURNMENT Community Development Commission Agenda — November 18, 2009 Page 2 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. November 12, 2009. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at InietoQbaldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — November 18, 2009 Page 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES UUMM NI I Y DFVELOPMENT COMMISSION NOV 4A 3 2009 ITEM N0. WEDNESDAY, NOVEMBER 04, 2009 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tom Anthony J. Bejarano, Marlon Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, 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 Bejarano, Member Marlen Garcia, Member Pacheco, Vice Chair Monica Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, Director of Finance Lorena Quijano, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Member Bejarano, no second required. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the regular meeting of October 21, 2009. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:56 p.m. Approved as presented by the Commission at their meeting held November 18, 2009. Laura M. Nieto, CIVIC Deputy City Clerk 11►1�1 BALDWIN P, A - R• K (;UM AHNI I Y 017VELUPMkN I COMMISSION t�oc u:a NOV 1 8f 2�009 ITEM NO.._ COMMUNITY DEVELOPMENT COMMISSION STAFF REPORT TO: Honorable Chairman and Commission Board Members FROM: Marc Castagnola, AICP, Community Development Manager. DATE: November 18, 2009 SUBJECT: Conceptual approval by the Community Development Commission (CDC) for a Parcel Map (PM -1408) for three (3) industrial condominium properties and one (1) common area property (San Gabriel River Redevelopment Project Area) (Location: 4700 -4750 Littlejohn St.; Applicant: Beverly Anderson; Case Number: CDC 09- 03) PURPOSE This item is before you for conceptual approval only. if the CDC approves this project in concept, the applicant must still obtain all necessary City permits, approvals and /or entitlements, as they apply in proceeding with the proposed parcel map. This report requests that the Community Development Commission (CDC) conceptually approve a parcel map for three (3) industrial condominium properties and one (1) common property, which includes the primary drive aisle for the property located at 4700 -4750 Littlejohn Street within the San Gabriel River Redevelopment Project Area. CEQA Staff has determined that this case is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section 15315 (Class 15 -- Minor Land Divisions) of the CEQA guidelines. No further analysis is required. BACKGROUNDIDISCUSS ION The property which is subject to the industrial condominium parcel map subdivision has a General Plan Land Use Designation of General Industrial and is consistently zoned 1, Industrial. Overall the property is approximately 181,872 square feet (4.18 acres) and there are two existing buildings on site. The northernmost building (4750 Littlejohn Street) contains approximately 46,545 square feet of floor area and the southern building (4700 Littlejohn Street) contains approximately 58,045 square feet of floor area. Calbind, a publishing company, occupies the building at 4700 Littlejohn Street and Mass Systems, a manufacturing company, occupies the building at 4750 Littlejohn Street. Table #1, on the next page identifies the adjacent properties zoning and land uses. CAIAmy\AMY \WORD\R -por Agenoy ReportslRDA Reports\CDC 09- 003 #2.doc Community Development Commission Conceptual Approval 4700 -4750 Littlejohn Street November 18, 2009 Paoe 2 of 3 TABLE #1 SURROUNDING LAND USES ADJACENT PROPERTY LOCATION ZONING PROPERTY USE North 1, Industrial Warehousing /Manufacturing East I, Industrial DWP Right-of-Way South 1, Industrial Manufacturing & Wholesale Sales West 1, Industrial I Warehousing /Distribution /Storage The site is accessed by a vehicular drive approach from Littlejohn Street and leads to the parking areas throughout the site. In total, the site contains 125 parking spaces, 54 spaces adjacent to 4750 Littlejohn Street and 71 spaces adjacent to 4700 Littlejohn Street. Table #2 below shows the breakdown of the parking spaces: TABLE #2 PARKING SPACE REVIEW PER BUILDINGMSE BUILDING PARKING SPACES PARKING LOCATION USE OF BUILDING REQUIRED SPACES SHOWN Office --- -9,632 s.f. 5000/250 = 20 4700 Littlejohn St. 46321300= 16 63 Warehouse - 16,344 s.f. 16,344/1000 = 17 TOTAL SPACES REQUIRED 53 Office -3,950 s.f. 3950/250 = 16 4750 Littlejohn St. 54 Warehouse - 18,239 s.f. 18,239/1000 � 19 TOTAL SPACES REQUIRED 35 The Applicant's request has been reviewed and analyzed by staff and staff has determined that each of the subject buildings will have the required parking for the respective use. Additionally, the proposed industrial condominium subdivision meets other development standards, including setbacks and is consistent with the current zoning and General Plan Land Use Designation of the property. As a result, staff supports approval of the request. The future building site, shown as Unit 3 on the parcel map, will be subject to Design Review and subsequent conceptual review by the Community Development Commission. Any proposed structure will have to meet the development regulations contained within the City's current Zoning Code (including parking), San Gabriel River Project Area Redevelopment Plan and any design guidelines. Covenants, Conditions, and Restrictions (CC &R's) which will govern the common area drive aisle will be required as part of the parcel map process. Community Development Commission Conceptual Approval 4700 -4750 Littlejohn Street November 18, 2009 Paae 3 of 3 LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. FINANCIAL IMPACT There will be no impact to the General Fund. RECOMMENDATION Staff recommends that the Community Development Commission adopt Resolution No: 454 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE PROPOSED INDUSTRIAL CONDOMINIUM SUBDIVISION FOR THE PROPERTY LOCATED AT 4700 -4750 LITTLEJOHN STREET WITHIN THE SAN GABRIEL RIVER REDEVELOPMENT PROJECT AREA (LOCATION: 4700 -4750 LITTLEJOHN STREET; APPLICANT: BEVERLY JOHNSON; CASE NO: CDC 09 -03)." ATTACHMENTS *Attachment #1--- Vicinity Map 'Attachment #2 - -- Proposed Parcel Map 1408 *Attachment #3--- Resolution 454 Report prepared by: Amy L. Harbin, City Plan�� CAAmylAMY1WORD\ReportslAgency Reports\RDA ReportsMC 09 -003 #2.doc 13241 i Sf2,1 6zz, [3121 9111 aas SPRWG ST 910F1 1357(1 II750 ¢21 4110 6130 9170 X11 W20 9150 I 4180 I -I CITY OF IRWINDALE T O J 13401 1 9451 I" CID 810 4500 w C00 6457 oS I �r v970 1143E 844 14 11,31 847r 6743 4449 9503 6503 17515 g52Y t'152i SL325 4419 DUNA ST z 6717 9748 0 17C08 13M4 M20 05M 9920 78 413 9710 4,5 O 4149 0 ,9.78 4M ,441 � C 11 4�0 C31 z 410 4;29 >� C wat g43s 6u3 4ns 95x7 9sr3 9s2r ir. 25 29429 a119 414 a79 1 a-05 Sul ect Proper A—. �s 0 i PLANNING S Vi i � Map DIVISION y Conceptual Approval N CASE NO.: CDC 09 -03 ADDRESS: 4700 -4750 Littlejohn St. Date: November 18, 2009 s 1w I *fA C:IAmy\AMY\WORD\Reports\Agency Reports\RDA Reports\CDC 09 -003 #2.doc i o \ 5 /� MM'C7`^ C13 w 1L U- O a_ 0 LL '' U L >U L bow � 1 �{ Z ° � 0 Wa � NR F- CL i o \ 5 =Z .,.� u° Z a W�J0�o^o U< QUz�� CL LL- u o � 11 Z Q �° �a< a ❑ � � r r ....I LU /� MM'C7`^ C13 w 1L U- O a_ 0 LL '' U L >U L bow � ZQ �{ Z ° � 0 Wa � NR F- CL Y �I g a O V) Q 2 O co ti = e X03 � a 3 Z< =Z .,.� u° Z a W�J0�o^o U< QUz�� CL LL- u o � 11 Z Q �° �a< a ❑ � � r r ....I LU /� MM'C7`^ C13 w 1L U- O a_ 0 LL '' U L >U L F- z � I �{ Z ° � Z li ] 7 mo I Wa � z F- ullI a! m Yi 6 Un fl¢¢i - ��i A � 4w..aw Hi z O © © O © Q F a p a =v K \� A?4 ,., 3 1 n \ a .g � I �{ � x•.I Z li ] 7 mo I z Y �I 7 n p 'n �. wNZ -1-011 LOIS] ilk, CMmy\AMY\WORDIReports\Agency ReportslRDA Reports\CDC 09- 003 #2.doc RESOLUTION NO. 454 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE INDUSTRIAL CONDOMINIUM SUBDIVISION FOR THE PROPERTY LOCATED AT 4700 -4750 LITTLEJOHN STREET WITHIN THE SAN GABRIEL RIVER REDEVELOPMENT PROJECT AREA (LOCATION:4700 -4750 LITTLEJOHN STREET; CASE NO: CDC- 09 -03; APPLICANT; BEVERLY ANDERSON REPRESENTING OTTING ENTERPRISES, INC., AND OTTING PROPERTIES, INC.)." THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Community Development Commission of the City of Baldwin Park does hereby find, determine and declare as follows: a) An application for a Parcel Map was submitted on behalf of the owners of certain real property, located at 4700 -4750 Littlejohn Street in the City of Baldwin Park (the "Property "); and b) The Property is located within the San Gabriel River Redevelopment Project Area and the although the Redevelopment Plan does not specifically require parcel maps obtain conceptual approval, it has been determined that the parcel map involves a portion of property exclusively dedicated for a Los Angeles Department of Water and Power use and may impact required parking for the properties and should obtain conceptual approval by the Community Development Commission prior to the Advisory Agency rendering a decision on the parcel map application; and c) The Application is requesting conceptual approval of the parcel map for the industrial condominium subdivision and would provide the minimum required on -site parking for the existing buildings located at 4700 -4750 Littlejohn Street; and d) The Application is consistent with the requirements of the San Gabriel River Redevelopment plan in that the Application will implement improvements to the Property located at 4700 -4750 Littlejohn Street, including conforming parking for the three (3) separate industrial condominium properties. SECTION 2. Based upon the evidence presented, including applicable staff reports and each member of the Commission being familiar with the Property, and upon the findings set forth in Section 'I above, the Commission hereby conceptually approves the Application. SECTION 3. This conceptual approval shall not constitute approval by the Community Development Commission of any funding of or monetary participation in this project, nor shall it be deemed to be a waiver by the Community Development Commission of any right or power, which is otherwise available to the Commission. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Community Development Commission and the Applicant. PASSED AND APPROVED this 18th day of November 2009. MANUEL LOZANO, CHAIR 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 454 was duly and regularly approved and adopted by the Community Development Commission of the City of Baldwin Park at a regular meeting thereof, held on November 18, 2009 by the following vote: AYES: MEMBER: NOES: MEMBER: ABSENT: MEMBER: ABSTAIN. MEMBER: LAURA M. NIETO, CMC DEPUTY CITY CLERK AGENDA BALDWI N PARK FINANCE AUTHORITY REGULAR MEETING November 18, 2009 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BAUMN F wA* ILP X Manuel Lozano - Chair Monica Garcia - Vice Chair Anthony J. Bejarano - Member Marlen Garcia - Member Ricardo Pacheco - 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 five (5) 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 cinco (5) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Vice -Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 iijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Commission approve the minutes of the regular meeting of October 21, 2009 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. November 12, 2009. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supjnorting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at InietoQbaldwinpark.com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES FINANCING AUTHORITY AGENDA NOV I a 2009 WEDNESDAY, OMEWR 21, 2009 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, 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 Bejarano, Member Marlen Garcia, Member Pacheco, Vice Chair Monica Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Bejarano. 1. MINUTES Authority approved the minutes of the regular meeting of September 16, 2009. 2. APPROVAL OF SERVICE AGREEMENT BETWEEN THE BALDWIN PARK HOUSING AUTHORITY AND HAPPY SOFTWARE Authority approved the Service Agreement between the Baldwin Park Housing Authority and Happy Software for the Housing Pro Software, Support and Services. Page 1 of 2 3. BALDWIN PARK HOUSING AUTHORITY'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM 2010 PAYMENT STANDARD Authority approved the revisions to the Baldwin Park Housing Authority's Payment Standard to 94% of the current Fair Market Rent to be effective January 1, 2010. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:46 p.m. Approved as presented by the Authority at their held November 18, 2009. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 AGENDA BALDWI N PARK HOUSING AUTHORITY REGULAR MEETING November 18, 2009 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 MM i P*At Manuel Lozano - Monica Garcia - Anthony J. Bejarano - Marlen Garcia - Ricardo Pacheco - WN Re X Chair Vice Chair Member Member Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTELA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) 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 cinco (5) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the 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.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Vice -Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 October 21, 2009. 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. November 12, 2009. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and sup�norting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at InietoQbaldwinpark.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) CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES 140V C` 21, 2009 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk 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 Bejarano, Member Marlen Garcia, Member Pacheco, Vice Chair Monica Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Bejarano, 1, MINUTES Authority approved the minutes of the regular meeting of September 16, 2009. 2. APPROVAL OF SERVICE AGREEMENT BETWEEN THE BALDWIN PARK HOUSING AUTHORITY AND HAPPY SOFTWARE Authority approved the Service Agreement between the Baldwin Park Housing Authority and Happy Software for the Housing Pro Software, Support and Services. Page 1 of 2 3. BALDWIN PARK HOUSING AUTHORITY'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM 2010 PAYMENT STANDARD Authority approved the revisions to the Baldwin Park Housing Authority's Payment Standard to 94% of the current Fair Market Rent to be effective January 1, 2010. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:46 p.m. Approved as presented by the Authority at their held November 18, 2009. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2