HomeMy WebLinkAbout2008 09 03A
AGENDA
BALDWIN PARK CITY COUNCIL
SEPTEMBER 3, 2008
7:00 PM
COUNCIL CHAMBER
14403 E. Pacc Avenue
Baldwin Park, CA 91706
(626) 960-4011
BA-WWIN
ManuelLozano -
Mayor
Anthony J. Bejarano -
Mayor Pro Tem
Marlen Garcia -
Councilmember
Monica Garcia -
Councilmember
Ricardo Pacheco -
Councilmember
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.
I
A
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 est6 bajo su jurisdicci6n. Si usted
desea la oportunidad de dirigirse al Concilio o a1guna de
sus Agencias, podr6 hacerlo durante e/ periodo de
Comentarios del PLiblico (Public Communications)
anunciado en la agenda. A calla persona se /e permite
hablar por cinco (5) minutos. Hay un int6rprete pare 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.)
CITY COUNCIL
REGULAR MEETING — 7:00 PM
0 •••
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IjdXA-9Te]F--1*-Y;ff3W*91
Council members: Marlen Garcia, Monica Garcia,
Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano
2nd Mayor Manuel Lozano
0919141419
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 S1 REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fUar asuntos para tomar en
consideraci6n 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 Council member so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council receive and file.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE
PERIOD OF SEPTEMBER 3, 2008 - SEPTEMBER 16, 2008
Staff recommends City Council approve the preparation and presentation of the
plaques, proclamations and certificates as outlined in the staff report.
3. MINUTES
Staff recommends City Council approve the minutes of the August 27, 2008 meetings
(special and regular.)
City Council Agenda — September 3, 2008 Page 2
4. APPROVAL OF MEMORANDA OF UNDERSTANDING FOR THE SERVICE
EMPLOYEES' INTERNATIONAL UNION (SEIU) AND THE CLASSIFIED
MANAGEMENT EMPLOYEES ASSOCIATION (CMEA)
Staff recommends City Council waive further reading, read by title only adopt
Resolution No. 2008 -053 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE SERVICE
EMPLOYEES INTERNATIONAL UNION (SEIU ") and Resolution No. 2008 -054
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES
ASSOCIATION (CMEA ") and authorize the Chief Executive Officer and the Human
Resources Manager to execute the respective MOUs.
5. NOTICE OF COMPLETION - JULIA MCNEILL SENIOR CENTER
Staff recommends City Council 1) accept the improvements constructed by CWS
Systems, Inc.; 2) authorize staff to record a Notice of Completion; and 3) authorize
payment of retention funds to CWS Systems, Inc. upon expiration of the 35 -day lien
period.
6. ADOPTION OF RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE
BUDGET DECISIONS THAT • s B•- • W" LOCAL GOVERNMENT,
REDEVELOPMENT #. • FUNDS
Staff recommends City Council wqivp ffirthpr reading, read by titIp. nnly and adopt
Resolution • 2008-060 entitled, RESOLUTION OF • OF
CITY OF BALDWIN •.. OPPOSING FISCALLY •• . BUDGET
DECISIONS THAT WOULD BORROW LOCAL GOVERNMENT, REDEVELOPMENT
AND TRANSPORTATION FUt
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.
7. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY'S GENERAL
PLAN LAND USE ELEMENT TO RE- DESIGNATE A PROPERTY FROM GARDEN
MULTI - FAMILY RESIDENTIAL TO GENERAL COMMERCIAL
Staff recommends City Council conduct the public hearing and following the public
hearing waive further reading, read by title only and adopt Resolution No. 2008 -055
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR THE AMENDMENT TO THE CITY'S GENERAL
PLAN LAND USE ELEMENT TO RE- DESIGNATE THE PROPERTY LOCATED AT
13402 RAMONA BOULEVARD FROM GARDEN MULTI - FAMILY RESIDENTIAL TO
GENERAL COMMERCIAL; CASE NO. AGP -113; LOCATION: 13402 RAMONA BLVD.;
APPLICANT: DEMESNE DEVELOPMENT COMPANY ") and Resolution No. 2008 -057
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN LAND USE
ELEMENT TO RE- DESIGNATE THE PROPERTY LOCATED AT 13402 RAMONA
BOULEVARD FROM GARDEN MULTIFAMILY RESIDENTIAL TO GENERAL
COMMERCIAL; CASE NO.: AGP -113; LOCATION 13402 RAMONA BLVD.;
APPLICANT: DEMESNE DEVELOPMENT COMPANY."
City Council Agenda — September 3, 2008
Page 3
8. PUBLIC HEARING TO CONSIDER A MODIFICATION TO A PREVIOUSLY
APPROVED DEVELOPMENT PLAN AND TENTATIVE TRACT MAP TO ELIMINATE
CONDITIONS OF APPROVAL RELATING TO PROVIDING A HOMEOWNERS
ASSOCIATION (HOA) AND COVENANTS, CONDITIONS AND RESTRICTION
(CC&Rs) AS A REQUIREMENT FOR THE DEVELOPMENT OF A 16 -UNIT SINGLE -
FAMILY RESIDENTIAL PLANNED DEVELOPMENT — A RELATED REQUEST IS
FOR ACCEPTANCE OF A STREET DEDICATION BY THE CITY OF A
SUBSTANDARD PRIVATE CUL -DE -SAC STREET FOR PUBLIC PURPOSE; CASE
NO.: DR -32 AND TM- 61345; LOCATION: 3940 -3948 WALNUT STREET;
APPLICANT: D.C. CORPORATION
Staff recommends City Council conduct the public hearing and following the public
hearing approve Option #1 — Denying the Request Jdeny elimination of the HOA and
deny the street dedication) and waive further reading, read by title only and adopt
Resolution No. 2008- 059(A) entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK DENYING AN AMENDMENT TO THE
DEVELOPMENT PLAN AND TENTATIVE TRACT MAP AND THE REQUEST FOR
CITY ACCEPTANCE OF A SUBSTANDARD CUL -DE -SAC STREET; CASE NO. DR-
32, TM- 61345; LOCATION: 3940 -3948 WALNUT STREET; APPLICANT: D.C.
CORPORATION" OR consider Option #2 — Approving the elimination of the HOA with
certain conditions and deny the street dedication and waive further reading, read by title
only and adopt Resolution No. 2008 - 059(6) entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, CONDITIONALLY APPROVING AN
AMENDMENT TO THE DE V ELOPlVIENT PLAN AND TE7NTATI V E TRACT MAP
ELIMINATING THE HOA/CC &R's AND DENYING ACCEPTANCE OF A
SUBSTANDARD CUL -DE -SAC STREET; CASE NO. DR -32, TM- 61345; LOCATION:
3940 -3948 WALNUT STREET; APPLICANT: D.C. CORPORATION."
ZIA!"1241 &K41 4
9. FIRST READING OF ORDINANCE NO. 1322
Staff recommends City Council waive further reading, read by title only and introduce
for first reading Ordinance No. 1322 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 133.01 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO REGISTERED SEX
OFFENDERS."
14101016141jul glegam
Request by Council member Pacheco for discussion on the following:
1) Request to exclude all homes between Palmrose Street and Clark Street and Bogart
Avenue and Downing Avenue from the proposed downtown project; and
2) Request all current businesses in the proposed project area be relocated in the new
development
r
-2,
City Council Agenda — September 3, 2008
Page 4
[ Laura M. N\Gto, Deputy City Clerk of the City of Baldwin Park, hereby Certify under penalty of
perjury under the i@VVS of the State of California that the foregoing @gBOd8 was OO the
City Hall bulletin board not less than 72 hOU[S prior to the meeting. Dated this 28"' day Of
August 2008.
~
Laura M. KjietO
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2 nd Floor Lobby Area (14403 E. Pacific Avenue) or at the
Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard.) For further
e-
mail at
In compliance with the Americans with Disabilities Ac, if you need special assistance to participate in this
meaing, please contact the Public Works Department or Risk Management sd62S.AGO.4O11. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28CFR34.1O2.104ADA TITLE ||)
City Council Agenda — September 3, 2008
Page 5
0
BALDWIN
P A, R, K
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Members of the City Council
Rose Tam, Assistant Accounting Manager
September 3, 2008
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 179304 - 179412
Inclusive, voids: 179304, 179306, 179308, 179318. Additionally, Automatic Clearing
House (ACH) Payroll deposits were made on behalf of City Employees from control
numbers 015088 — 015368 for the period of July 27, 2008 through August 09, 2008
inclusive, have been presented and hereby ratified, in the amount of $461,965.70.
General Warrants, including check numbers 170645 to 170907 inclusive, in the total
amount of $611,328.16 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.
Receive and File
Report prepared by: HApodaca /GEMS
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71Y'41117P CITY OF BALDWIN PARK
ST,
U1l Y lelJrs3NUIL MULIM n
S - 3,ZO08
11 '
TO: Honorable Mayor & Members of the City Council
FROM: Vijay Singhal, Chief Executive Officer
DATE: September 3, 2008
SUBJECT: Proposed Recognitions by the Mayor and City Council for the period
of September 3, 2008 — September 16, 2008
PURPOSE
The purpose of this report is to seek approval of the City Council of requests for
plaques, proclamations and certificates; and to recap approved emergency requests.
REQUESTS /RECAP
The following emergency requests for plaques and certificates were received:
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Rosa Caballero, Administrative Clerk 11
Time /Date /Place of
Date Needed'
Requested By
List of Honorees
Presentation
Mayor Lozano
Optica Vista Clara
6:00pm /August 21, 2008
Plaque
14540 Ramona Blvd.
08 -21 -08
Department of
Dolores Gonzalez Haro-
7:00pm /August 21, 2008
Plaque
Parks &
2008 Summer Concert Art
Concert in the Park
08 -21 -08
Recreation
Piece
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Rosa Caballero, Administrative Clerk 11
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
Manuel Lozano, Mayor
Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council
Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of
Baldwin Park met in SPECIAL SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Council member /Member Monica Garcia, Mayor pro Tem/Vice
Chair Bejarano, Mayor /Chair Lozano.
Absent: Council member /Member Marlen Garcia, Council
member /member Pacheco.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, City Clerk Rubio, Deputy City Clerk Nieto.
PUBLIC COMMUNICATIONS
ADJOURN • CLOSED SESSION OF • COMMUNITI
DEVELOPMENT • •
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Properties: 4249 Bogart Avenue Herminia DeLoera
4156 Bogart Avenue Luis & Irma Delgado
4150 -52 Bogart Avenue Johnathan A. Marquez
4134 Bogart Avenue Juan M. & Guadalupe Gutierrez
4118 Bogart Avenue Wallis C & Jolene Hannah
4145± Downing Avenue Agredano Properties LLC
14610 -12 Clark Street Peter R. Nasmyth
Page 1 of 3
14606 Clark Street
Benjamin & Helene Stovitz/Trust
4216 -20 Bogart Avenue
Lin Te Shih
4202 Bogart Avenue
Wilson S & Siu Seto
14626 Clark Street
Vidal & Gilbert Ramirez
4217 Downing Avenue
Ragon Corporation
4142 Downing Avenue
Pedro Ibarra
14714 Clark Street
Louise V. Sagade /Family Trust
15010 -014 Ramona Boulevard Manuel L & Hermilia Mota
4226 Park Place Fernando & Guillen, Eva Robles
4143 -58 Maine Avenue
Narendra & Usha Gupta
4147 -51 Maine Avenue
Narendra & Usha Gupta
14300 Ramona Boulevard Wayne R & Valda Fletcher
4140 -42 Bogart Avenue
Jose Raygoza
4232 Bogart Avenue
Salvador & Eva Cordova
4226 -28 Bogart Avenue
Refugio I & Maria Soria
4209 Downing Avenue
Paul W & Rosa Yee Family Trust
4219 Downing Avenue
Tong G Wu
4221 Downing Avenue
Limin Cao
14439 -41 Palmrose Avenue Melba & Glen Johnson
4137 Puente Avenue
Stephanie Monroe
4221 Elton Street Peter J & Rita Bustillos
4229 Park Place Jesus G & Smith William Llamas
4124 Maine Avenue
Roxbury Properties
4232 Park Place Juan J. Curiel
Commission Negotiators:
Vijay Singhal and Joe Pannone
Page 2 of 3
Negotiating Parties: Above -named property owners
Under Negotiation: Terms and conditions
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
Mayor Lozano stated that there was no action to report.
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 7:00
p. M.
Approved as presented by the Council / Commission at their meetings held
September 3, 2008.
Laura 1VI Nieto
Deputy City Clerk
Page 3 of 3
CITY OF BALDWIN PARK
CITY COUNCIL
MINUTES
WEDNESDAY, AUGUST 27,
2008
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica 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 Jackson
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council member Monica Garcia, Council member Pacheco, Mayor
Pro Tern Bejarano, Mayor Lozano.
Absent: Council member Marlen Garcia.
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,
Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk
Rubio, Deputy City Clerk Nieto.
Council member Pacheco arrived at 7:13 p.m.
ANNOUNCEMENTS
City Treasurer Contreras requested to adjourn in memory of Helen Catherin
Forsen, mother of Reverend Father James Forsen
Mayor Lozano read a statement regarding the proposed downtown
redevelopment project, stating that owner - occupied homes would be excluded
from the proposed downtown redevelopment project. He further stated that the
EIR certification would begin next month. He thanked those who have the
supported the project and said that the munch - needed revitalization would take
place.
Page 1 of 5
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Plaque presentation to Baldwin Park Women's Club member Mary Dosa for
her heroic deeds
Mayor Lozano, joined by the Council, Clerk and Treasurer presented Mary Dosa
with a plaque in recogntion of her heroic deed
Mayor Lozano requested that Mary's story be placed in the next issue of the
NOW
PUBLIC COMMUNICATIONS
Patty Rascon, business /property owner commented about the business owners
being viewed as outsiders. She noted the contributions her business has made
and the support given to the communnity.
Leslie Brito, resident expressed her concern about recent PAC meetings and the
qualifications of the PAC members.
Carol Woods, resident /business owner in favor of redevelopment but not the
Bisno project. Spoke about foreclosures in Baldwin Park. She also announced
that Robert Ehlers, whose business is on San Bernardino Road, contracted West
Vile Virus and to keep hiiii iii our prayers.
Zodin del Rosario and Beverly, outreach coordinators for CEPA requested that
the Council consider the ordinance at the September 17th City Council
meeting. They further thanked the Council for their leadership
Thomas Carey, resident expressed his concern about the proposed
redevelopment project and concerns with Bisno Development
Ken Woods, business owner /resident expressed his content with the Mayor's
comments regarding the owner - occupied properties in the proposed project area.
He also commented on the EIR and the significant impacts noted in it
Andrew Morales Miramontes, resident announced the nomination of the first
African American state Senator to the office of the President of the United States.
He also expressed his support of the proposed redevelopment project.
Greg Tuttle, business owner addressed comments to Mayor Pro Tern Bejarano
regarding his dealings with the Police Department; he commented about speaker
Miramontes and his interests in the project. He further spoke about the EIR and
water impacts
James Treasure, resident addressed concerns regarding the PAC and Council
compensation.
Cruz Sembello, resident reiterated previous concerns regarding the PAC and
representation of the Sister City Association by Mariana Lake. She also thanked
the City Council for the statement made by the Mayor at the beginning of the
meeting regarding the owner - occupied properties in the proposed downtown
Page 2 of 5
redevelopment project.
Invited the Council to participate in a debate /discussion regarding the proposed
project.
Jesus Gonzales, resident spoke about the offer he received for his property.
Expressed his desire to see results
Cecilia Lee, business owner apologized to the Council for speaking out of turn at
a previous meeting. Commented that her business has been in the city for forty
years and that she had previously been a chamber member but withdrew. She
stated that she had recently re- joined the chamber and felt they were making
positve steps forward
Joe Seay, property manager /Sierra Vista PAC member read a list of reasons that
the project amendment should not be approved.
Ray Alber, business owner agreed with comments of previous speakers
regarding the proposed redevelopment project
James Park, business owner commented about the situation at the Homo Depot
as it related to the day laborers. Felt it did not enhance the image of the city of
Baldwin Park
Mayor Pro Tern Bejarano requsted that the ordinance addressing loitering in
parking lots, bring back for reconsideration. Council member Pacheco requested
a report from staff regarding the day laborer center and and update on any
criminal activity in the area.
City Clerk Rubio responded to the comments of Cruz Sembello regarding Sister
City member Mariana Lake and stated that the matter would be addressed at the
next association meeting
Public Communications were closed at 8:00 p.m.
Council member Monica Garcia commented on the scale of the proposed
project has been reduced now that the owner - occupied properties have been
excluded.
Council member Pacheco shared his concern about the size and scale of the
proposed redevelopment project and the impacts it would potentially have on the
city. Hoped that the dialouge would be open as the project moves forward.
Requested clarification on Council direction to exclude the owner - occupied
properties in the project area. Mayor Pro Tern Bejarano stated that the items
have been discussed in closed session at previous meetings.
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR with the exception of #7
Moved by Mayor Lozano, seconded by Mayor Pro Tern Bejarano.
Page 3 of 5
1. WARRANTS AND DEMANDS
City Council received and filed.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR
THE PERIOD OF AUGUST 6, 2008 THROUGH AUGUST 26, 2008
City Council approved the preparation and presentation of the plaques,
proclamations and certificates as outlined in the staff report.
3. MINUTES
City Council approved the minutes of the August 6, 2008 meeting (special and
regular.)
4. CITY TREASURER REPORT - JULY 2008
City Council received and filed.
5. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO
AMEND MOU P0007012
City Council nnrnmed Amendment No. 1 to ili O 11 P0007012 with the I ns
Angeles County MTA and authorized the Mayor to execute the Amendment.
6. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO
RECEIVE FUNDS FOR TRANSIT SERVICES NTD REPORTING
City Council approved the Memorandum of Understanding with the Los Angeles
County MTA and authorized the Mayor to execute said Agreement.
The following item was pulled from the agenda by Mayor Lozano:
7. LETTER REQUESTING THE GOVERNOR REVERSE THE SUSPENSION
OF NPDES CONSTRUCTION PERMITS
Staff recommends City Council authorize the Mayor to sign the letter and
direct staff send said letter to the Governor.
Item Pulled until further notice
8. CROSSING GUARD - PLEASANT VIEW SCHOOL
City Council 1) authorized the deployment of one crossing guard at Pleasant
View School, not to exceed three hours and 2) authorized the Chief Executive
Officer to make necessary budget adjustments.
SET MATTERS - PUBLIC HEARINGS
9. PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION
Page 4 of 5
AND THE CITY'S 2008 CONGESTION MANAGEMENT PROGRAM LOCAL
IMPLEMENTATION REPORT
City Planner Harbin presented the report. Mayor Lozano opened the public
hearing for those wishing to speak in favor or opposition. Seeing no further
interest the public hearing was closed
Motion: Waive further reading, read by title only and adopt Resolution No.
2008 -046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089."
Moved by Mayor Lozano, seconded by Mayor Pro Tern Bejarano.
REPORTS OF OFFICERS
10. CONSIDERATION OF APPOINTMENTS TO FILL THE VACANCY ON THE
PERSONNEL COMMISSION
Motion: Direct the City Clerk to re-notice the vacant' on the Personnel
Commission and bring forward to a future meeting
Moved by Mayor Lozano, seconded by Council member Pacheco.
CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Mayor Pro Tern Bejarano thanked the Planning Division for the the display
highlighting smart growth
There being no other matters for discussion the meeting was adjourned in
memory of Helen Catherin Forsen at 8:10 p.m.
Approved as presented by the Council at their meeting held September 3, 2008.
Laura M. Nieto
Deputy City Clerk
Page 5 of 5
I11
B_ALDWIN
P,A�R,K
CITY OF BALDWIN PARK STA
TO: Honorable Mayor and City Council Members
FROM: is Z�a,,Human Resources Manager DATE: Sept ° r , 2008
l .
SUBJECT: Approval of Memoranda of Understanding for Classified
Management Employees Association (CMEA) and the Service
Employees International Union (SEIU).
PURPOSE
The purpose of this report is to request City Council review and approval of a Resolution adopting a
Memoranda of Understandings for the Classified Management Employees Association (CMEA) and
the Service Employees International Union (SEIU).
BACKGROUND & DISCUSSION
Per City Council's direction, for the past several months staff has been meeting and conferring with
representatives of the Classified Management Employees Association (CMEA) and the Service
Employees International Union (SEIU). The negotiation process has been concluded with
representatives of the Classified Management Employees Association and the Service Employees
International Union (SEIU) Local 721. The respective resolutions adopting the MOU for the CMEA
and SEIU are attached for consideration of approval. Upon Council adoption of the Resolutions
respectively, the MOD's will implement the terms and conditions of employment, for two (2) years
that were negotiated with the Bargaining Units.
The following are the si nig ficant changes to the City's current agreement with the respective
Bargaining Units in the proposed MOD's are:
TERM OF AGREEMENT
• Term of agreement is limited to two (2) years for the period of July 1, 2008 through June
30, 2010
BASE SALARY INCREASE
• Effective the first payroll period commencing on or after July 1, 2008 - 2.5% base salary
increase
Agenda Staff Report
rage 2
• Effective the first payroll period commencing on or after July 1, 2009 - 2.5% base salary
increase
TUITION REIMBURSEMENT
• Effective July 1, 2008 - increase to $1,500 per Fiscal year, reimbursement eligibility
for full time employees who have passed original probation
INDUSTRIAL INJURY BENEFITS
• Effective July 1, 2008, any non -sworn (non -peace officer) employee injured in the
course and scope of employment shall be eligible to receive only those benefits
provided to non -sworn (non -peace officers) employees by the Workers'
Compensation laws. This language shall supersede that language in City Personnel
Rule Section 11.5 which applies to NON -SWORN /MISCELLANEOUS employees.
FISCAL IMPACT
The fiscal impact associated with the approval of Resolution No.2008 - 053, and Resolution
No. 2008 - 054 will be approximately:
FY2008.09
• CMEA will be approximately = $14,000
• SEIU will be approximately = $ 39,000
Additional impact for FY2009 -10
• CMEA will be approximately = $15,000
• SEIU will be approximately = $ 41,000
The cost associated with the increase of the Tuition Reimbursement is minimal and will be offset
by the significant savings realized by the elimination of the one year "Line of Duty Injury Leave"
provision in the City's Personnel Rule which will be superseded by the new MOU provisions.
Sufficient funding has been included in the City's Budget to absorb the related personnel costs.
Agenda Staff Report
Page 3
RECOMMENDATION
Staff recommends City Council waiver further reading, read by title only and adopt Resolution No.
2008 - 053 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
BALDWIN PARK AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) "; AND 2)
Resolution No. 2008.054 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION
(CMEA) ";and authorize the Chief Executive Officer and the Human Resources Manager to execute
the respective MOU's,
Attachments:
• Resolution No. 2008 - 053
• Resolution No. 2008 - 054
RESOLUTION NO. 2008 - 053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND THE GENERAL UNIT OF MAINTENANCE
EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU
LOCAL 721 PROVIDING FOR EMPLOYEES REPRESENTED BY THE
GENERAL UNIT OF MAINTENANCE EMPLOYEES, SEIU LOCAL 721.
YEARS 2008- 2010
WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and
conferred with duly authorized representatives of the General Unit of Maintenance Employees to
make equitable adjustments to wages and other terms and conditions of employment, and
WHEREAS, a Memorandum of Understanding prepared by said representatives has been
presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE,
DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin
Park's Chief Executive Officer and Human Resources Manager to sign the "Memorandum of
Understanding between the General Unit of Maintenance Employees, SEIU Local 721 and the City of
Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding (MOU) for
employees represented by the General Unit of Maintenance Employees, SEIU Local 721, is hereby
effective for the period of July 1, 2008 through June 30, 2010.
SECTION 2. That this City Council does hereby order that Exhibits "B ", "C ", "D ", "E ", and
Exhibit "F" shall be included herein as part of the General Unit of Maintenance Employees, SEIU
Local 721 MOU. Resolutions or portions thereof in conflict hereby are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall
forward a certified copy hereof to each Department Head and the Human Resources Manager.
PASSED AND APPROVED this 3rd day of September, 2008.
Manuel Lozano
Mayor
SEIU Local 721 Maintenance Employees MOU 200812010
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of
Baldwin Park at its regular meeting of the 3rd day of September 2008, by the following vote:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
LAURA NIETO
DEPUTY CITY CLERK
SE1U Local 721 Maintenance Employees MOU 200812010 2
. ...
EXHIBIT A
U ll� - I ._
2008-2010
BY AND BETWEEN
THE GENERAL UNIT OF MAINTENANCE EMPLOYEES,
S.E.I.U., Local 721
AND
This Memorandum of Understanding has been prepared pursuant to Government Code
Sections 3500 through 3570 as amended, which is generally referred to as the Meyers - Milias -Brown
Act.
This agreement has been developed as a result of the requests of the General Unit of
Maintenance Employees, City of Baldwin Park, S.E.I.U., Local 721. The items in this agreement are
subject to the approval of the City Council of the City of Baldwin Park and will be placed into effect
upon the adoption of the necessary ordinances, resolutions or motions by the City Council, if
acceptable to them, in accordance with the terms and conditions hereinafter set forth.
The parties agree that the provisions contained herein shall be subject to all applicable laws
and covers the period of July 1, 2008 through June 30, 2010, unless otherwise provided.
SEIU Local 721 Maintenance Employees MOU 200812010 3
Section 1 - Rights and Recognition
Recognition
The City hereby recognizes the General Unit of Maintenance Employees, City of Baldwin
Park, S.E.I.U., Local 721 as the representative of the employee representation unit consisting of the
classifications set forth in Section 5(c) of Resolution No. 98 -45.
Management Rights
All management rights and functions except those which are clearly and expressly limited in
this Memorandum of Understanding shall remain vested exclusively in the City. It is expressly
recognized merely by way of illustration and not by way of limitation that such rights and functions
include, but are not limited to:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline or discharge any employee.
6. Determine the location of any new facilities, buildings, departments, divisions, or
subdivisions thereof, and the relocation, sale, leasing or closing of facilities,
departments, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used
therein.
9. Determine processes, techniques, methods, and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine financial policy including accounting procedures.
12. Determine the administrative organization of the system.
13. Determine selection, promotion, or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work
periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
SEIU Local 721 Maintenance Employees MOU 200812010 4
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are to be
conducted.
25. Require employees, where necessary, to take in- service training courses
during working hours.
26. Determine duties to be included in any job classification.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary action to carry out the mission of the City in cases of
an emergency.
29. Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City,
the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of
judgment and discretion in connection therewith, shall be limited only by the specific and express
terms of this contract, and then only to the extent such specific and express terms are in
conformance with law.
Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the exercise of management's rights shall impact on
employees in the bargaining unit, the City agrees to meet and confer with representatives of the
Union, upon request by the Union, regarding the impact of the exercise of such rights, unless the
matter of the exercise of such rights is provided for in this Memorandum of Understanding or in
Personnel Rules and Salary Resolutions.
Union Stewards
Functions and Responsibilities of Stewards
The City agrees to grant reasonable access to employee work locations of officially
designated stewards for the purpose of processing grievances in accordance with this Memorandum
of Understanding. Each steward, upon notification to his /her immediate supervisor, may be
permitted to leave his /her regular work location during working hours, for reasonable periods of time
to perform the following functions with pay:
To represent to a supervisor, a request for a grievance, which the steward has been
requested, by any employee, or group of employees, to present to such a supervisor.
2. Investigate any request for adjustment of grievance in the steward's division, and
present such request for adjustment to the supervisor of the employee who initiated
the grievance request.
3. Attend meetings with management when the steward's presence is necessary to
present the grievance for adjustment.
SEIU Local 721 Maintenance Employees MOU 200812010
Steward Appointments
1. The Union may designate a reasonable number of Union Stewards (not to exceed five
(5))•
2. The Union agrees that only one steward may represent an employee at one time.
3. A Steward may represent a grievant at all levels of the grievance procedure.
4. The City shall reschedule any grievance or disciplinary proceeding in the event that the
shop steward of the employee's choice is unable to be released by the supervisor to
attend a grievance or disciplinary proceeding.
5. Stewards shall be selected in such a manner as the Union may determine.
6. The Union shall notify the City in writing of the names of all stewards who are
authorized to represent the employees in the bargaining unit.
7. The Union shall provide the City with the names of Union Stewards within thirty days of
the execution of this contract and within thirty days of any changes in the designated
Stewards.
Job Safety by Steward
No steward shall leave his /her job or area of assignment while his /her presence is necessary
for the safe and effective operation of his /her job; the determination to be made by the steward's
immediate supervisor or appointing authority.
Each steward shall report to his /her supervisor the time leaving his /her work location to
perform such duties as set forth herein. The steward shall report to the supervisor immediately upon
completion of these duties.
Management Responsibility
When the presence of a steward is desired by an employee, or group of employees, for the
presentation, investigation, and /or adjustment of a grievance and /or dispute, the employee or group
of employees shall make a request to their immediate supervisor. The supervisor shall arrange for a
steward to be present as soon as possible, consistent with safe and efficient operating requirements.
Notification of Other Supervisors
Prior to entering any area in the fulfillment of their duties set forth herein, the steward shall
notify the supervisor of that area of his /her presence and the reason for his /her business in that area.
SEIU Local 721 Maintenance Employees MOU 200812010 6
Discrimination
The City agrees that steward shall not be hindered, coerced, restrained or interfered
with in the performance of their duties and responsibilities provided in the
Memorandum of Understanding.
2. The Union understands and agrees that each steward is employed to perform full -time
work for the employer and that each steward will not leave his /her work location during
working hours, unless he /she gains permission from his /her immediate supervisor.
3. The Union and the employer agree hereto that each will cooperate with the other and
reduce to a minimum the actual time spent by stewards in the performance of their
duties under this Memorandum of Understanding.
Savings Clause
This Memorandum of Understanding is subject to all applicable Federal, State and City laws,
ordinances, resolutions, and any lawful rules and regulations enacted by the City Council. If any part
or provision(s) of this Memorandum of Understanding is in conflict or inconsistent with such
applicable provision(s) of Federal, State or City laws, ordinances, resolutions, or is otherwise held to
be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision(s) shall
be suspended and superseded by such applicable law or regulations, and the remainder of this
Memorandum of Understanding shall not be affected thereby. The parties shall enter the Meet and
Confer process immediately for the purpose of arriving at a mutually satisfactory replacement of such
part or provision.
No Strike - No Lockout
A. Prohibited Conduct
Section 1. The Union, its officers, agents, representatives and /or members agree
that during the term of this agreement, or until such time as impasse procedures, if any, are
completed, they will not cause or condone any strike, walkout, slowdown, sickout, or any other job
action by withholding or refusing to perform service.
Section 2. The City agrees that it shall not lock out its employees during the term of
this agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise
of its rights as set forth in any of the provisions of this agreement or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1
above may be subject to termination by the City.
Section 4. In addition to any other lawful remedies or disciplinary actions available to
SEIU Local 721 Maintenance Employees MOU 200812010 7
the City, if the Union fails, in good faith to perform all responsibilities listed below in Section 1, Union
Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Union
under the Employee Relations Resolution, this Memorandum of Understanding, including, but not
limited to, suspension of recognition of the Union, grievance procedure, right of access, check -off,
the use of the City's bulletin boards, and facilities.
B. Union Responsibility
Section 1. In the event that the Union, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Union
or its duly authorized representatives shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and
they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited
Conduct and return to work. They themselves must also return to work.
Section 2. If the Union performs all of the responsibilities set forth in Section 1
above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this agreement in violation of Section 1 above.
Full Understanding, Modifications and Waiver
It is intended that this agreement sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or agreements
by the parties, whether formal or informal, regarding any such matters are hereby superseded or
terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that the Union voluntarily
and unqualifiedly waives its rights, and agrees that the City shall not be required to negotiate with
respect to any subject or matter covered herein during the term of this agreement. Nothing
contained herein shall preclude the parties from mutually agreeing to meet and confer.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless made and
executed in writing by all parties hereto, and if required, approved and implemented by the City
Council.
The waiver of any breach, term or condition of this agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
SEIU Local 721 Maintenance Employees MOU 200812010 8
Section 2 - Fair Labor Standards Act Provisions
Work Period
The work period for all employees within the bargaining group shall be seven (7) days in
length commencing on Sunday, June 16, 1985 at 12:01 a.m.
Overtime
A. All employees, required to perform in excess of the standard work period of forty (40)
hours in a seven (7) day cycle shall receive compensation at the rate of time and one -half his /her
regular rate of pay. The regular rate of pay shall include bilingual pay.
B. In lieu of receiving cash payment for hours worked in excess of forty (40) hours during
the seven (7) day work period, an employee may elect the option of earning compensatory time, and
shall have a cap of forty (40) hours placed on the accrual of compensatory time off.
The time during which an employee may take his /her compensatory time shall be approved by
the appointing authority with due regard for the wishes of the employee and for the needs of the
service.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of forty (40) hours or less at his /her straight time hourly base rate.
C. Effective November 7, 2004, in determining an employee's eligibility for overtime
compensation in a work period, sick leave and unpaid leaves of absences shall be excluded from the
total hours worked.
D. All overtime requests must have the prior written authorization of a supervisor prior to
the commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written authorization
must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time
are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal authorization followed
by written authorization, will result in the denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their workstation before
or after their normal work period or during their meal breaks. Meal breaks should be taken away
from the employee's workstation. This incidental time will not be compensated in any manner
whatsoever unless prior authorization of a supervisor is obtained.
E. Call back duty occurs when an employee is ordered to return to duty on a non - regularly
scheduled work shift. Call back does not occur when an employee is held over from his /her prior
shift or is working prior to his /her regularly scheduled shift. An employee called back to duty shall be
SEIU Local 721 Maintenance Employees MOU 200812010
credited with a minimum of two (2) hours work commencing one -half (1 /2) hour before he /she reports
to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for
actual time worked. Travel time shall not be considered hours worked and shall not be compensated
in any manner whatsoever, however any time that involves driving after reporting to the work site will
be compensable under this Agreement. Call back duty hours will be compensated at a premium
overtime rate, irrespective of the total paid leave exclusions for the work period.
Effective July 3, 2005, an employee called back to duty shall be credited with a
minimum of three (3) hours work commencing one -half (1/2) hour before he /she reports to duty. Any
hours worked in excess of three (3) hours shall be credited on an hour for hour bases for actual time
worked.
F. Work performed at the Baldwin Park Anniversary Parade, "4th of July ", Cinco de
Mayo /Open House events will be compensated at a premium overtime rate, irrespective of the total
paid leave exclusions for the work period.
G. Non - mandatory attendance at training schools /facilities which improves the
performance of regular tasks and /or prepares for job advancement are not compensable for hours in
excess of the employee's normal work shift. Any time spent in excess of the normal work shift will
not be counted as working time and is not compensable in any manner whatsoever. Time spent in
studying and other personal pursuits is not compensable hours of work, even though the employee
may be confined to campus twenty four (24) hours a day.
Travel time to and from the training facility outside of an employee's normal work shift is not
compensable hours of work.
H. Employees may be provided with a locker for their own personal convenience. An
employee may or may not utilize the locker for storage and changing purposes at his /her own
discretion.
Time spent in changing clothes before or after a shift, or during lunch, is not considered hours
worked and is not compensable in any manner whatsoever.
Section 3 - Work Schedules
Experimental Alternative Work Schedules
The City agreed to implement an experimental 9/80 plan for all employees assigned to the
Maintenance Facility effective April 12, 1993.
The Union recognizes that the City may, at its sole discretion, end the 9/80 plan upon
reasonable notification to the Union. The termination of such plan(s) is not subject to the grievance
process or any other administrative review. The Union recognizes that the 9/80 plan is not a vested
right in any manner, and that the termination of such 9/80 plan is not subject to the meet and confer
SEIU Local 721 Maintenance Employees MOU 200812010 10
process or meet and consult process.
The Union further recognizes that the implementation of the 9/80 plan does not create any
additional overtime obligation for the City under the Fair Labor Standards Act.
The City may adjust employees work periods as necessary so that their forty (40) hours of
scheduled work does not overlap into another work period to avoid an overtime obligation.
The City does agree however, that should the 9/80 experimental work schedule be terminated,
that benefit levels /accruals and working conditions that were modified to accommodate the alternate
work schedule(s) will revert to the levels /accruals and working conditions in existence prior to
September 27, 1992.
Workday - Maintenance Employees
Employees assigned to the Maintenance Sections shall have a standard Monday through
Thursday workday consisting of nine and one-half (9 1/2) hours, nine (9) hours of work time and
thirty 30) minutes as a non -paid unrestricted meal period. Employees shall have a standard Friday
workday consisting of eight and one -half (8 1/2) hours, eight (8) hours of work time and thirty (30)
minutes as a non -paid unrestricted meal period.
Employees will be provided two (2) fifteen (15) minute rest breaks during the day, one each
approximately at the midpoint of each one -half workday. Rest time is not cumulative beyond the half
scheduled workday within which the break period occurs nor may it be used to extend lunch or
shorten the workday.
Section 4 - Attendance and Leaves
Hours of Work - Maintenance Employees
Employees assigned to a 9/80 work week shall normally work Monday through Thursday, 6:30
a.m. to 4:00 p.m. and on each scheduled Friday shall work, 6:30 a.m. to 3:00 p.m., however,
employees may work a flexible 9/80 plan dependent upon their work assignment.
Sick Leave
Effective October 1, 1994, each eligible employee shall elect their maximum sick leave hours
accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick
leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes
to elect a maximum sick leave accrual level that is at a higher level than their closest currently
accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee
will be irrevocable.
Once the election is made by the employee, such excess hours will be removed from the
employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into
SEIU Local 721 Maintenance Employees MOU 200812010 11
a sick leave hours bank to be paid at no less than 50% of the total value nor more than 75% of the
total value, with the timing and methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no compensation shall
be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive
Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be debited
on an hourly basis. Each January 1, eligible employees will commence to accrue sick leave hours
above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year,
each eligible employee will receive 50% of the unused portion of sick leave hours as compensation,
calculated at their then straight time hourly rate. Payment will be made at the next closest pay
period.
Vacation
Employees will be entitled to utilize accrued vacation leave after completion of six (6) months
continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at
an earlier time, upon written request to and approval of their department head.
The times during which an employee may take his /her vacation leave shall be determined by
the department head with due regard for the wishes of the employee and for the needs of the
service.
Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive
hours vacation leave. In addition, an employee may, with approval of the department head use
vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in anyone calendar
year for the purpose of a vacation leave with approval of the department head. A vacation period is
defined as the maximum amount of vacation leave accrued by an employee in any calendar year.
Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated
shall be as follows:
1. Employees having less than five (5) years of employment (vacation accrual = 96 hours
per year), the maximum amount of vacation that may be accumulated shall be 192
hours.
2. Employees having more than five (5) years but less than ten (10) years of employment
(vacation accrual = 120 hours per year), the maximum amount of vacation that may be
accumulated shall be 240 hours.
3. Employees having more than ten (10) years but less than fifteen (15) years of
SEIU Local 721 Maintenance Employees MOU 200812010 12
employment (vacation accrual = 144 hours per year), the maximum amount of vacation
that may be accumulated shall be 288 hours.
4. Employees having more than fifteen (15) years but less than twenty (20) years of
employment (vacation accrual = 168 hours per year), the maximum amount of vacation
that may be accumulated shall be 336 hours.
5. Employees having more than twenty (20) years of employment (vacation accrual = 192
hours per year), the maximum amount of vacation that may be accumulated shall be
384 hours.
If an employee, because of business necessity, is not able to utilize excess accrued vacation
hours, upon written request to, and approval of the department head, an employee will be given an
extension in order to take his /her vacation. In cases where the employee forfeits vacation leave time
at the request of the City, upon approval of the Chief Executive Officer or designated
representative(s), said employee shall be compensated for forfeited vacation leave time at the
employee's current rate of pay. it is the employee's responsibility to schedule vacation time well in
advance to avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be notified on a quarterly basis of their current and potential maximum
vacation hours accrual for the calendar year to assist them in the reduction of excess accrued
vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as
vacation leave, and the vacation leave shall be extended or credited accordingly.
Employees who separate from the service of the City shall be eligible to receive compensation
for all unused, accrued vacation leave.
Holidays
Maintenance Employees on a 9/80 Work Schedule
The following days shall be observed as holidays:
January 1 st; the third Monday in February; the last Monday in May; July 4th; the first Monday
in September; November 11th; the fourth Thursday in November; the day following the fourth
Thursday in November; December 24th; December 25th, and such other days as may be designated
as holidays by motion of the City Council.
If any of the foregoing holidays falls on a Saturday, the holiday will not be observed on the
preceding Friday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu
thereof.
SE/U Local 721 Maintenance Employees MOU 200812010 13
Floating Holidays
Maintenance Employees on a 9/80 Work Schedule
On January 1 of each year, each affected employee will be credited with two (2) nine (9) hour
of leave for a total of eighteen (18) hours.
Holiday
At the beginning of each calendar year, the City will determine how many of the above
holidays fall on non - regularly scheduled work days, as determined by an employee's assigned work
schedule. an employee will be credited with an equivalent number of hours of holiday time ( "holiday
bank "). On a 9/80 work schedule, an employee's assigned work schedule will determine their
"Friday ". "Fridays" are computed as an eight (8) hour workday. In the event of a holiday falling on a
"Friday ", an employee will be credited with one (1) hour of holiday time ( "holiday bank ").
The actual date for the use of such leave shall be subject to the approval of the employee's
department head. For employees working a 4/10 work schedule this leave shall be used in
increments of ten (10) hours. For employees working a 9/80 work schedule this leave shall be used
in increments equivalent to the work day being requested for time off, i.e., a standard nine (9) hour
workday or a "Friday" eight (8) hour workday. Employees maybe permitted to take holiday leave in
hourly increments.
Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank
time.
If an employee, because of business necessity, is not able to utilize excess accrued holiday
bank hours, upon written request to, and approval of the department head, an employee may be paid
for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess
hours will be removed from the employee's holiday bank hours accrual, calculated at their then
straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the
same year.
If an employee separates employment from the City, and has used holiday bank time prior to
the occurrence of the actual holiday, he /she will have his /her vacation leave and /or final paycheck
reduced to reflect the excess holiday bank time used.
If an employee separates employment from the City, and has not used any eligible accrued
holiday bank time, he /she will be paid for such eligible holiday bank time at his /her straight time rate.
Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent of their
workweek per incident, as needed, because of a death in their immediate family. Immediate family
shall mean and include only the employee's spouse, children, step - children, grandchildren, foster
SEIU Local 721 Maintenance Employees MOU 200812010 14
children, parents, brothers, sisters, grandparents, State Registered Domestic Partner, spouse's
parents, and spouse's grandparents. Said time will not be cumulative from one twelve month period
to another nor will pay in lieu of unused leave for bereavement is provided.
Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not
be granted additional compensation when such leave extends beyond the employees regularly
scheduled forty (40) hour work week.
Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall
not be granted additional compensation when such leave extends beyond the employees regularly
scheduled forty (40) hour work week.
Training /Conference Leave
When an employee is scheduled to attend a conference or training program Monday through
Friday, his /her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue
that he /she is eligible for overtime while attending the conference or training.
Injury on Duty
While any employee is on injury on duty status, his /her work hours will be 8:00 a.m. to 5:00
p.m., Monday through Friday, so there is no issue that he /she is eligible for overtime while receiving
treatment or keeping doctor's appointments.
Industrial Injury Benefits
Effective July 1, 2008, any non -sworn (non -peace officer) employee injured in the course and
scope of employment and whose injuries are subject to the Workers' Compensation laws of the State
of California, shall be eligible to receive only those benefits provided to non -sworn (non -peace
officers) employees by the Workers' Compensation laws. Effective July 1, 2008, any non -sworn (non -
peace officer) employee receiving benefits pursuant to superseded Personnel Rule Section 11.5,
shall immediately cease receipt of the benefits provided by the former Personnel Rule section, and
shall receive only those benefits provided to non -sworn (non -peace officer) employees by the
Workers' Compensation laws."
SEIU Local 721 Maintenance Employees MOU 200812010 15
Section 5 - Direct Wage Payments
Salary
Effective July 1, 2004, a Seven Step Compensation Plan (5% between steps) shall be
adopted by the City Council and made a part hereof, and will be on file with the Human Resources
Manager or designated representative(s). Such Compensation Plan may be amended or revised at
the discretion of the City Council subject to the meet and confer process.
Employees who receive a minimum overall performance rating of Competent up to a
maximum overall performance rating of Superior shall be eligible to receive a one (1) step
advancement within their classification and shall be retroactive to July 1, 2004.
Those employees who are Y- rated, will also remain at their current salary level until such time as the
established salary for their assigned classification equals or exceeds their current salary, after which
they will be eligible for salary increases, as maybe granted.
Base Salary Increase (The salary set forth in the range /step matrix)
2.5% -Base Salary Increase effective the first payroll period commencing on or after July
1, 2008. Eligibility for retroactive payment is conditioned upon the affected unit member
being employed by the City on the date of Council adoption of a 2008 -2010 MOU.
2.5% Salary Increase effective the first payroll period commencing on or after July 1, 2009
Section 6 - Insurance /Supplemental Wage Payments
Life Insurance
The City will provide term life insurance in the face amount of $50,000 effective November 1,
4111LI
Vision Plan Coverage
The City will provide a vision plan to all affected employees, and will contribute up to a
maximum premium cost of $32.12 per month. Any premium increase in excess of $32.12 per month
shall be absorbed by the employee.
Health Insurance
The City will pay up to a maximum of $550.00 per month, towards a current available City
provided health plan of the employees' choice. Any premium in excess of $550.00 per month shall
SEIU Local 721 Maintenance Employees MOU 200812010 16
be absorbed by the employee. The health plan coverage year, as determined by the Public
Employees' Retirement System runs from January 1 through December 31 of each calendar year.
Effective July 3, 2005, the City will pay up to a maximum of $618.00 per month, towards a
current available City provided health plan of the employee's choice. Any premium in excess of
$618.00 per month shall be absorbed by the employee.
All employees hired on or after July 1, 2006, and who subsequently retire after this date, will
receive health benefits under the California Public Employees Retirement System for single -party
coverage only. Any premiums for dependent coverage must be paid by the retiree.
Each full -time employee hired prior to July 1, 2006, who subsequently retires from the City will
receive health benefits under the California Public Employees Retirement System not to exceed
$550.00 per month. Any premium in excess of $550.00 per month shall be absorbed y the retiree.
Effective July 3, 2005, the maximum City paid retiree health benefit for those employees hired prior
to July 1, 2006, shall be increased to $618.00 per month. Any premium in excess of $618.00 shall
be absorbed by the retiree.
Dental Insurance
The City will contribute up to a maximum premium cost of $32.19 per month for each
classification represented by the Union, toward the City provided dental program. A premium
increase in excess of $32.19 per month shall be absorbed by the employee.
Retirement
Effective July 1, 2005, the City will amend the City's contract with the Public Employees'
Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous
Employees and to incorporate employee shared participation towards the contributions of said
retirement benefit. The employee shared participation of contributions shall be implemented as
follows:
On July 1, 2005 — Employees will pay 100% of the 6.766% increase to normal cost (difference
between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost
will be reflected on the pay period ending date of July 2, 2005, pay date of July 7, 2005.
On July 1, 2006 — Employees will pay 5 % and the City will pay 1.766% increase to normal
cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The
employee's cost will be reflected on the pay period ending date of July 1, 2006, pay date of July 6,
2006.
On June 30, 2007 — Employees will pay 3% and the City will pay 3.766% increase to normal
cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The
SEIU Local 721 Maintenance Employees MOU 200812090 17
employee's cost will be reflected on the pay period ending date of June 30, 2007, pay date of July 5,
2007.
All such employee contributions shall be deposited in the member's retirement account.
The City will continue to pay the current employee's contribution of seven percent (7 %) of the
employee's base salary to the Public Employees' Retirement System in addition to the allocated
percentages for the increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement
formulas).
Long -Term Disability
The City will provide a long -term disability insurance program as set forth in the plan on file in
the Personnel Services Office. Effective March 1, 1993, the plan will be amended to provide benefits
commencing on the 31St day of non -work related injury or illness and employees will be eligible to
receive a maximum benefit of 66 -2/3% of their current base salary up to a maximum of $5,000 per
month. The plan is on file in the Personnel Services Office.
6
Effective the first payroll period commencing on or after July 1, 2008, the City shall pay one
hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing and /or
interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, Signing, Armenian
and Farsi. Qualifying tests established by the City shall make the determination of capability.
Acting Pay
Section 4.4 of the Personnel Rules shall be modified by this agreement to provide acting pay
after three (3) work weeks, from the date the employee was placed in the acting capacity. The work
week is defined as Monday through Friday. All other provisions of Section 4.4 shall remain in their
current form. This amendment of Section 4.4 shall apply only to the members of the S.E.W., Local
721 general maintenance employees bargaining unit.
Mo •
The City will provide a voucher system to all affected covered maintenance classifications,
each fiscal year, for the purchase or repair and maintenance of O.S.H.A. approved work boots.
Effective July 1, 2004, through the voucher system, each covered maintenance employee may
expend up to a maximum of $200.00 per fiscal year for the purchase or repair of work boots. Any
excess may be used for socks, support hose or other footwear accessories. Each employee shall
purchase a minimum of two (2) pair of work boots per fiscal year. Any amount exceeding $200.00
per fiscal year shall be the responsibility of the employee. All affected covered maintenance
SEW Local 721 Maintenance Employees MOU 200812010 18
employees being provided such O.S.H.A. approved work boots, will be required to wear such boots
during their assigned work hours.
Each covered maintenance employee may use up to one (1) hour of scheduled work time,
upon request to and approval from their assigned Public Works Supervisor, to travel to the vendor
store to purchase their O.S.H.A. approved work boots.
Details of the process are set forth in Exhibit B side letter dated September 15, 2004.
Section 7 - Policies and Procedures
Contracting Outside Work
It is agreed that the City may utilize outside contractors for the performance of maintenance
functions. However, no maintenance employee will be laid off work for the contract period of July 1,
2008 through June 30,2010 as a result of utilizing any outside contractor.
Written Warnings /Reprimands
Written warnings /reprimands issued pursuant to Section 14 of the Personnel Rules and
Regulations shall not be subject to advisory arbitration. The final step of administrative appeal shall
be the Executive Team. An employee shall have the right to attach a written rebuttal to any written
warning /reprimand placed in his /her personnel file.
A written warning /reprimand may be removed from an employee's official personnel file, upon
written request to the Personnel Officer. The Personnel Officer shall review the official personnel file
and if the employee has not been involved in any subsequent incidents that resulted in written
corrective counseling or other management action for a period of five (5) years from the date the
most recent notice was issued or management action taken.
Strenuous Activity
When feasible, the City will make efforts to minimize strenuous out -door activity during periods
of high smog and /or heat. The final determination as to what tasks are to be reduced and /or
performed is to be made by the City.
Organizational Security
The City and the Union did conduct an election among its bargaining unit membership on the
issue of agency shop. Such provision was implemented upon receipt of a majority vote of all
covered bargaining unit employees. Therefore, the following provisions will be implemented.
The City and the Union recognize the rights of employees to freely form, join, and participate
in activities of the employee organization.
SEIU Local 721 Maintenance Employees MOU 200812010 19
1. All current employees, in covered classifications represented by the Union, who are not
members of the Union shall, within thirty (30) days from the date of notification of election results,
elect to become members of the Union or pay to the Union a service fee in an amount equal to
unified membership dues, initiation fees, and general assessments. No portion of this service fee
shall be used for political purposes.
All new employees, in covered classifications represented by the Union, within thirty (30) days
from the date they commence their assigned duties shall either become members of the Union or
pay to the Union a service fee in an amount equal to unified membership dues, initiation fees, and
general assessments. No portion of this service fee shall be used for political purposes.
The Union shall keep an adequate itemized record of its financial transaction and shall make a
detailed written financial report available to the City and to all unit employees annually. The Union
certifies that it has adopted, implemented, and will maintain constitutionally acceptable procedures to
enable non - member agency shop fee payers to meaningfully challenge the propriety of the uses to
which service fee funds are put in accordance with the decision of the U.S. Supreme Court in
Chicago Teachers Union, Local 1, AFT, AFL -CIO, et al. v. Hudson, 106 S. Ct. 1066 (1986).
2. The City shall deduct Union dues /service fees on a biweekly payroll basis for
employees in covered classifications represented by the Union. The form for this purpose shall be
provided by the Union and the amounts to be deducted shall be certified to the City by the
appropriate Union official(s). Such deductions shall be made only when the employee's earnings for
a pay period are sufficient after other legally required deductions are made. The City shall not make
payroll deductions from employees who are in an unpaid status.
Such deductions will be remitted to the Union in one lump sum within thirty (30) days of the
conclusion of the month in which said dues /service fees are deducted.
The City will provide the Union with the name and home address of each employee in covered
classifications represented by the Union.
The Union agrees to indemnify and hold harmless the City for any loss or damages arising from the
operation of these provisions.
3. An employee in a covered classification represented by the Union, who is a member of
a religious body whose traditional tenets or teachings include objections to joining or financially
supporting employee organizations shall not be required to join, maintain membership in or
financially support any employee organization as a condition of employment, except that such
employee shall have deducted, in lieu of the service fee, a sum equal to such service fee to be paid
to a nonreligious, non -labor organization, charitable fund exempt from taxation under Section
501(c)(3) of Title 26 of the Internal Revenue Code, chosen by such employee through the United
Way Fund.
Such employees shall submit annually to the Union a written request for exemption. If a
reasonable doubt exists as to the validity of the employee's membership in the stated religious body,
SE/U Local 721 Maintenance Employees MOU 200812010 20
the employee shall submit written verification of membership from the religious body.
4. The agency shop provisions herein may be rescinded by a majority vote of the
bargaining unit membership.
Voluntary Political Contributions
The City agrees to allow bargaining unit maintenance employees to make voluntary political
contributions to the Local 721 Political Action Committee through payroll deduction. Any employee
interested in making such contributions shall authorize the City, in writing, on a form, provided by the
Local 721 Political Action Committee, which clearly indicates that funds will be used for political
activities and that the contribution is voluntary in nature. The Union will abide by all Federal and
State laws relating to such contributions and indemnify the City in the event of litigation.
Layoff Policy
The parties agree to continue the 1998/99 meet and confer process on the City's current
Layoff Policy, contained in Section 13 of the Personnel Rules, commencing no later than January 1,
1999. Any language changes to the current Section will be submitted by the Union prior to the
commencement of the meet and confer process.
Emergency Preparedness Policy
The parties agree to continue the 1998/99 meet and confer process on the "Emergency
Preparedness Policy ", commencing no later than January 1, 1999, including specifics as to when
bargaining unit members should respond before or after their normal work shift.
Personnel Rules Additions
The City has drafted new or revised policies related to Workplace Harassment and Workplace
Violence. The bargaining unit has had the opportunity to discuss the policies and provide their
comments, to reach agreement on the language content, and agree that failure to reach agreement
shall not prevent the City from unilaterally adopting these policies. Unilateral adoption by the City will
not be subject to any appeal process, including the grievance process.
Labor /Management Committee
The City agrees to maintain a labor /management committee for discussion of general issues
of mutual concern to the City and the Union.
During the term of the MOU the parties agree to participate in meetings, the purpose of which
shall be to explore alternative health insurance plans and programs which can provide coverage
equal to or greater than that which is presently available, but at a cost to both the City and the
employee which is less than the cost presently contributed to by the City and /or the employee. The
SEIU Local 721 Maintenance Employees MOU 200812010 21
meetings shall not address issues regarding increased City- funded contributions to the employee or
employer purchase of medical /health coverage.
City Safety Committee
The City agrees to establish a city -wide safety committee. The establishment of the
committee and selection of representatives to the committee will be accomplished through further
informal discussions with the Union.
Grievance Procedure
Definition
A "grievance" is a formal, written allegation by a grievant that he /she has been adversely
affected by an existing violation, misinterpretation or misapplication of the specific provisions of the
Memorandum of Understanding and /or provisions of the Personnel Rules and Regulations. Other
matters for which a special method of review is provided by law, ordinance, resolution, or by
administrative regulations and procedures of this City, are not within the scope of this procedure.
Section 15 of the Personnel Rules shall be modified by this agreement to provide the
utilization of the grievance procedure for those employees who receive performance evaluations
rated at the level of marginal and /or unsatisfactory. This amendment of Section 15 shall apply only
to the members of the general maintenance employees bargaining unit.
Procedure
1. Informal Resolution: Every effort shall be made to resolve a grievance through
discussion between the employee and his /her immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without any subsequent discrimination
against employees who may seek to adjust a grievance. Every effort should be made to find an
acceptable solution at the lowest level of supervisor. Within fifteen (15) calendar days after a
grievant knew, or by reasonable diligence should have known, of the condition upon which a
grievance may be based, the grievant shall attempt to resolve it by an informal conference with the
grievant's immediate supervisor. The immediate supervisor shall respond, in writing, within (7)
calendar days of the discussion with the grievant. If the immediate supervisor does not respond
within such time limit the grievant shall be entitled to process the grievance to the next step.
2. If the problem cannot be resolved between the employee and the supervisor, the
employee may, within seven (7) calendar days from the date of receiving the answer from his /her
supervisor, request and be granted an interview with the division head, if one exists, in order to
discuss the grievance. The Division Head shall schedule an interviewwithin five (5) calendar days of
the grievant's request. After the interview, the Division Head shall respond, in writing, within seven
(7) calendar days of the interview with the Grievant. If the division head does not respond within
such time limit, the grievant shall be entitled to process the grievance to the next step.
SEW Local 721 Maintenance Employees MOU 200812010 22
3. If the division head and employee cannot reach a solution to the grievance, the
employee may, within seven (7) calendar days from the date of receiving the answer from the
division manager, request, in writing, and be granted an interview with the appointing authority. The
appointing authority, or its representative, shall scheduled an interview within five (5) calendar days
of the grievant's request.
4. The appointing authority shall render his /her decision in writing within fifteen (15)
calendar days of receiving the appeal. If the appointing authority and employee are unable to arrive
at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the
decision by the appointing authority, submit a written appeal to the Executive Team.
5. The Executive Team shall review the grievance and respond to the employee within
twenty (20) calendar days of receiving the appeal. The response shall be in writing and will be
considered an expression of management's viewpoint, and shall be the final administrative state of
review.
6. If the time limits for employees' appeals at any step should elapse, the grievance shall
be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to
respond within the prescribed time limits, the grievance will be deemed to have been denied and the
employee may go to the next step. If the Executive Team fails to respond within the prescribed time
limit, the grievance will be deemed to have been denied and the employee will be deemed to have
exhausted his /her administrative remedy.
7. The employee may request the assistance of another person of his /her own choosing
in preparing and presenting his /her appeal at any level of review. Employees shall be assured
freedom from reprisal for using the grievance procedure.
Standard Grievance Form
The City and the Union agree to create, prepare and implement a standard grievance form for
use by all affected classifications represented by the Union.
American's With Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act, and
because these accommodations must be determined on an individual, case -by -case basis, the
parties agreed that the provisions of this agreement may be set aside in order for the City to avoid
discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment,
termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training
opportunities, hours of work or other terms and privileges of employment.
The Union recognizes that the City has the legal obligation to meet with the individual
SEIU Local 721 Maintenance Employees MOU 200812010 23
employee to be accommodated before any adjustment is made in working conditions. The Union will
be notified of these proposed accommodations prior to implementation by the City.
Any accommodation provided to an individual protected by the ADA shall not establish a past
practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the Union with written
notice of its intent to set aside the provision, and will allow the Union the opportunity to discuss
options to setting aside of any provision.
Pre - Employment - Alcohol and Drug Testing
The parties agree that all new hires represented by the general maintenance employees
bargaining unit, effective the date this agreement is signed, will be subject to pre - employment alcohol
and drug testing. Employment will be contingent upon the results of this testing.
Alcohol and Drug Abuse Policy
Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the workplace
and to ensure that employees are in a condition to perform their duties safely and efficiently, in the
interests of their fellow workers and the public as well as themselves.
Policy
It is the City's policy that employees shall not be under the influence of or in possession of
alcohol or drugs while on City property, at work locations, or while on duty; shall not utilize such
substances when they have a reasonable expectation of call in for duty; shall not possess, provide or
sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work
impaired as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation of this
policy, the employee must notify his /her supervisor, before beginning work, when taking medications
or drugs (including the possible effects of taking such medication and drugs) which could foresee
ably interfere with the safe and effective performance of duties or operation of equipment. In the
event there is a question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from their physician may be required.
The City is committed to providing reasonable opportunity for rehabilitation for those
employees whose drug or alcohol problem classifies them handicapped under federal and /or state
law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their
position, or whose use constitutes a direct threat to property or the safety of others, are not
considered handicapped under federal or state law.
SEIU Local 721 Maintenance Employees MOU 200812010 24
This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol
and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability
to effectively and safely perform the functions of the job.
Employee Responsibilities
An employee must:
1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty;
2. Not report to work while his /her ability to perform job duties is impaired due to alcohol
or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs
without a prescription) during working hours or at anytime while on city property;
4. Not directly or through a third party sell or provide illegal drugs to any person, including
any employee, while either employee or both employees are on duty;
5. Notify his /her supervisor, before beginning work, when having consumed alcohol or
when taking any medications or drugs, prescription or non - prescription, which may
interfere with the safe and effective performance of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later than five (5)
days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence other
employees may be under the influence of drugs or alcohol or engaging in illegal drug
related activities.
Employees who believe they may have an alcohol or drug usage problem are urged to
voluntarily seek confidential assistance through their medical plans or through other resources
available in their community. While the City will be supportive of those who seek help voluntarily, the
City will be equally firm in identifying and disciplining those who continue to be substance abusers
and do not seek help.
Management Responsibilities
Managers and supervisors are responsible for reasonable enforcement of this policy.
2. Notify the affected contract /granting agency within ten (10) days after receiving notice of
any conviction.
SEIU Local 721 Maintenance Employees MOU 200812090 25
3. Prepare and distribute to all employees, a summary of available benefits through the
various health plans. Information to be distributed through the Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already underway as a medical
situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provision of this policy.
Medical information, if necessitated, will be maintained by Personnel Services in separate,
secured files.
6. Information will only be shared where there is a bona fide "need to know" by management
in instances where referrals, rehabilitation, medical leaves, work accommodation,
discipline or other employment related decisions are affected.
7. As with all policies and procedures, any incident or situation requiring management
attention is expected to be given thorough and deliberate consideration before any final
action is taken, especially in disciplinary cases. Decisions made on such cases underthis
policy will be subject to review by an individual's department head, and Personnel Officer.
Smoke Free Workplace
Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace
will be amended to read as follows:
18.1 Purpose
The purpose of this policy is to set forth City Council direction in regard to smoking by City
employees in City facilities and to encourage non - smoking by City employees in the workplace. This
policy is necessary because such smoking is recognized as a hazard to the health of smokers and
non - smokers alike.
All employees must be aware of the provisions of City Council Ordinance No. 1232 which
prohibits smoking by anyone in and around City -owned premises and public parks and other
recreational facilities.
City owned premises is defined as a building or site owned and occupied, or leased and
occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the
City -owned premises and all structures thereon. City owned premises shall not include any public
sidewalk adjacent to the site or City -owned premises, nor any building owned in part by the Baldwin
Park Redevelopment Agency which is also partly owned by private individuals or an Owner
Participation Agreement. City -owned premises include, but are not limited to, City Hall, the City
Yard, and the site occupied by the City Housing Authority.
SEW Local 721 Maintenance Employees MOU 200812010 26
Public Park means any park, roadside rest, or other site designated by the City of Baldwin
Park for any recreational purpose which is owned, managed or controlled by the City, and includes
the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site.
Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder
Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the
Baldwin Park Teen Center and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public access areas
and not therefore, governed by Ordinance No. 1232. These areas would include employee offices,
rooms or hallways not normally open to the public, employee lounges and kitchens, lunchrooms and
employee break rooms, workstations, locker rooms, city vehicles and other common employee
areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or
cigarette or any other device used for the burning of tobacco or other similar combustible material, so
that the person in possession thereof can inhale and exhale the smoke therefrom.
18.2 Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of city -owned buildings and city -owned
vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive
Team.
18.3 Procedure
The Maintenance Division shall be responsible for posting and maintaining all public signs in
accordance with the standards approved by the Executive Team.
Those managers and supervisors closest to employee work sites are hereby charged with the
implementation of and compliance with this policy. The Executive Team is ultimately responsible for
such implementation and compliance. The Human Resources Manager shall be responsible for
updating this policy as necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any employee
because such employee exercises any rights afforded by this policy.
Tuition Reimbursement
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the City
Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement
described therein shall allow for reimbursement eligibility for full time sworn employees who have
passed original probation in an amount not to exceed $2,000, and that the reimbursement eligibility
for full time non sworn police department employees who have passed original probation shall be in
an amount not to exceed $1,500 per fiscal year.
SEIU Local 721 Maintenance Employees MOU 200812010 27
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition reimbursement
shall be allowed only as regards courses provided by an accredited college or university and in a
field in study reasonably related to the employee's duties and which are deemed appropriate by the
Executive Team.
Limited Re- Opener
The City proposes a reopener during the term of the MOU which shall be limited to
proposed modifications in existing MOU language. The reopener shall not result in any increase
or decrease in compensation, but shall be utilized to address any MOU ambiguities and /or non -
compensation related policies and procedures. The City shall provide written notice to SEW
Local 721 of its intent to invoke this section, and a description of the precise language changes
that are proposed.
City- proposed language changes shall not be implemen ted without completion of the ,I I
and confer process and as appropriate, completion of any impasse - resolution procedures.
SEW Local 721 Maintenance Employees MOU 200812010 28
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding the day, month and year noted.
GENERAL UNIT OF EMPLOYEES
CITY OF BALDWIN PARK
S.E.I.U., Local 721
q
Date
CITY OF BALDWIN PARK
M
Singol, thief E-xbcutive Officer
Leticieitam_+f6man Resources Manager
SEIU Local 721 Maintenance Employees MOU 200812010
Date
29
EXHIBIT
TO: SEA Maintenance Group
Section or the OU bee ivve -e f the SEIU Maintenance Group and the City promdes
system to lr a ffected covered m manna ce a i ication � fc-,rthe purchase of a =0pro e d,
work o Each covered employers may expend up to o maximum of $200.0 eac' i -isc
year, The Cat y zhas made arrangements with Red Wing in Covina to allow covered ernplo"yees to
purchase heir OSHA approved work boots,
O April 5, 2 0,0 , during the m and confer process, r a agreed amend �� x� t n b: t
Purchase PrOvision Section of MOU, Employees may still Dr r tease their or
through Red Wing, however, in regards t personal r re r e, �� ployees, May P as
OSHA approved or .roots through a, vendor of their choice, The v&,)'ork boots must meet OSHA
standard's or the duties performed by the employee, Furthermore, the employee will wear
steel-toe work oo if required by theirjob duties andin regards to safety, Itis not man at r r
to wear tees toe boots. r , The employer; ,gall pay out of pocket for their work boots, Ire order to
ticelve r eim ur ernen , the mplo e hell submit a reimbursement fora along with a re r ipf ici
their sulpenAsor -for approval,
Ai l PON10 Works k per tions Supervisor
Wendy Harr. ,,, y bNc Works a e raE"ns Supervisor
pp
I
EXHIBIT
LETTER OF INTENT
CITY OF BALDWIN ARK
MEMORANDUM F UNDERSTANDING
2004 2007'
,e "City f i w n Park and t1h et' Unit Maintenance E mpl yek--�-q
.E.1,U,, Local 347 agree %o the following during the term of his M mr randu m of
Understanding,
Fo
. The Cs v agrees that the Joint Labor Management ,oit, P €, LMC
shall meek. and confer on 'the grievance procedure (pursuant '#
Mey r - Milt s -Br wn c t) commencing iNovern'ber 2004,
., The Q-b/ agrees to meet and confer on the sick leave incentive
p Qlgramw
Date
For thy" City ofBaldwin Park
Ginaile
Persdr4iel'/Risk Manager
Dal x,
.;°'
CITY OF BALDWrN PARK
The City, agr eels to cone',l ut °..'t an Lit. "ivaria Health : are,, to r 1 =t'eiv the
e ��������y .� �� °�ttk ������ � ��� °�.�e
health ,fir r° their spe,'r�t<�es,
'h :'i s,ha t ritir nt tilt? c'tlr�tr ie luc: vvil tr 60 dem, ?f d1c,fOr "MI adoption qfth
J ( w t 0 : tr t � rrr. ?f'tjte s��
actuarial ial studl, to the (Iniorn and its reprmesentaliv s
of'receiving the report,
111
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANUDM OF UNDERSTANDING
2008-2010
The City of Baldwin Park and the General Unit of Maintenance Employees, SEIU Local 721
agree to the following during the term of this Memorandum of Understanding:
In accordance with Resolution Number 94 — 67 "A Resolution of the City Council of the
City of Baldwin Park establishing the reporting of the value of the employer paid member
contributions as compensation using the special compensation approach (Government
Code Section 20023 ( C ) ( 4 ):
The following is a statement of the change in reporting compensation to PERS:
"The City of Baldwin Park elected to pay 7% normal member contributions as employer
paid members contributions (EPMC) and report same percent to PERS as compensation ".
SEW Local 721 Maintenance Employees MOU 200812010 33
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Preamble 3
Section 1 - Rights and Recognition 4
Recognition 4
Management Rights 4
Union Stewards 5
Job Safety by Stewards 6
Savings Clause 7
No Strike No Lockout 7
Full Understanding, Modifications, and Waiver 8
Section 2 - Fair Labor Standards Act Provisions 9
Work Period 9
Overtime 9
Section 3 - Work Schedules 10
Experimental Alternative Work Schedules 10
Workday 11
Section 4 Attendance and Leaves 11
Hours of Work
11
Sick Leave
11
Annual Sick Leave Incentive
12
Vacation
12
Holidays
13
Floating Holidays
14
Holiday Bank
14
Bereavement Leave
14
Military Leave
15
Jury Duty
15
Training /Conference Leave
15
Injury on Duty
15
Industrial Injury Benefits
15
SEIU Local 721 Maintenance Employees MOU 200812010 30
Page
Section 5 - Direct Wage Payments 16
Salary 16
Section 6 - Insurances /Supplemental Wage Payments 16
Life Insurance
16
Vision Plan Coverage
16
Health Insurance
16
Dental Insurance
17
Retirement
17
Long -Term Disability
18
Bilingual Pay
18
Acting Pay
18
Work Boots
18
Section 7 - Policies and Procedures 19
Contracting Outside Work
19
Written Warning /Reprimand
19
Strenuous Activity
19
Organizational Security
19
Voluntary Political Contributions
21
Layoff Policy
21
Emergency Preparedness Policy
21
Personnel Rules Additions
21
Labor /Management Committee
21
City Safety Committee
22
Grievance Procedure
22
Standard Grievance Form
23
American's With Disabilities Act
23
Pre - Employment — Alcohol and Drug Testing
24
Alcohol and Drug Abuse Policy
24
Smoke Free Workplace
26
Tuition Reimbursement
27
Limited Re- Opener
28
Index 31 -32
SEIU Local 721 Maintenance Employees MOU 200812010 31
Exhibit B — Work Boots
Exhibit C — JLMC
Exhibit D — Actuarial Study iii
Exhibit E — EPMC Reporting to CalPERS iv
Exhibit F — Salary Matrix v
SElU Local 721 Maintenance Employees MOU 200812010 32
RESOLUTION NO. 2008 - 054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN
PARK AND THE CLASSIFIED MANAGEMENT
EMPLOYEES ASSOCIATION (CMEA)
YEARS 2008 - 2010
WHEREAS, the representatives of the City Council of the City of Baldwin Park
have met and conferred with duly authorized representatives of the Classified
Management Employees Association to make equitable adjustments to wages and other
terms and conditions of employment, and
WHEREAS, a Memorandum of Understanding prepared by said representatives
has been presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City
of Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the
"Memorandum of Understanding between the Classified Management Employees
Association and the City of Baldwin Park" attached hereto as Exhibit A. The
Memorandum of Understanding for employees represented by the Classified
Management Employees Association is hereby effective for the period of July 1, 2008
through June 30, 2010.
SECTION 2. Resolutions or portions thereof in conflict hereby are hereby
repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
PASSED AND APPROVED this 3rd day of September, 2008.
Manuel Lozano
Mayor
Resolution No. 2008-054
Page 2
U441
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and adopted by
the City Council of the City of Baldwin Park at its regular meeting of the 3rd day of
September 2008, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
LAURA M. NIETO
DEPUTY CITY CLERK
Resolution No. 2008 -054
Page 3
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2008-2010
BY AND BETWEEN
THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION
THE CITY OF BALDWIN PARK
This Memorandum of Understanding is made and entered into this 3rd day of
September 2008, by and between the City of Baldwin Park, a municipal corporation,
and the Baldwin Park Management Employees Association.
The parties hereto do agree as follows:
1. RECITALS. This Memorandum of Understanding is made and entered into with
respect to the following facts:
a. That the Management Employees Association, composed of the classified
services employees in the positions of Chief Deputy City Clerk and Building
Official /Supervising Plan Check did successfully and in good faith complete
negotiations; and
2. That the signatory parties hereto reached agreement on the following items
regarding wages, hours and working conditions:
Direct Wage Payments
Effective July 1, 2004, a Seven Step Compensation Plan (5% between steps)
shall be adopted by the City Council and made a part hereof, and will be on file with the
Human Resources Manager or designated representative(s). Such Compensation Plan
may be amended or revised at the discretion of the City Council subject to the meet and
confer process.
The unadjusted (the salary rate set forth in the City salary matrices — the rates
without adjustment for bonuses or any other benefits, including but not limited to the City
paid employee CalPERS contributions) base salary rates for classifications designated,
as Classified Management Employees shall be increased as follows:
Effective the first payroll period commencing on or after July 1, 2008 — 2.5%
Effective the first payroll period commencing on or after July 1, 2009 — 2.5%
Resolution No. 2008 -054
Page 4
Eligibility for retroactive payment is conditioned upon the affected unit member
being employed by the City on the date of Council adoption of a 2008 -2010 MOU.
Insurance /Supplemental Wage Payments
Benefits Plan
Effective during the payroll period commencing January 2, 2005, the City will contribute
to each employee a sum not to exceed the following towards benefits as detailed in this
section.
January 2, 2005 through July 2, 2005 $750.00 /month
July 3, 2005 through July 1, 2006 $800.00 /month
July 2, 2006 through June 30, 2007 $900.00 /month
July 1, 2007 $950.00 /month
The employee ployee is required to maintain a � � i� iimum coverage for him /herself in a
plan of their choice unless the employee can show proof they have adequate health
insurance coverage through another source. In instances where the employee's
medical insurance premium is less than the City's monthly contribution, such employee
will have an option to have the excess monies placed toward an existing benefit
program. These options include:
1. Placement in a City provided health insurance plan for two (2) party or
family coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Vision Plan
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $32.12 per month. If the premium exceeds this
amount, then the employee shall be responsible to pay the difference in excess of
$32.12.
Resolution No. 2008 -054
Page 5
Life Insurance
The City will provide term life insurance in the face amount of $50,000, effective
January 1, 2005.
The City will provide a supplemental life insurance program to enable employees
to purchase additional life insurance at the employee's cost and no contribution from the
City.
Dental Plan Enhancement
Effective June 1, 1993, the City will provide for the dental plan enhancement of
orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan.
Additional cost for this enhancement will be paid for by the City. Those affected
individuals currently enrolled in the "Pre -paid Plan Choice" presently receive this
benefit.
Long -Term Disability
The City will provide each employee with long -term disability insurance
coverage as set forth in the plan on file in the Personnel Office. Effective June 1, 1993,
affected employees will be eligible to receive benefits commencing on the 31st day of
non -work related injury or illness, and employees will be eligible to receive a maximum
benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month.
Retirement
The City will pay 100% of the employer's contribution to the P.E.R.S. retirement
program and provide retirement benefits as currently specified under the City's contract
with the Public Employees' Retirement System.
Effective July 1, 2005, the City will amend the City's contract with the Public
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for
the Local Miscellaneous Employees and to incorporate employee shared participation
towards the contributions of said retirement benefit. The employee shared participation
of contributions shall be implemented as follows:
On July 1, 2005 — Employees will pay 100% of the 6.766% increase to normal
cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base
salary. The employee's cost will be reflected after the pay period ending date of July 2,
2005.
On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase
to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of
their base salary. The employee's cost will be reflected after the pay period ending date
of July 1, 2006.
Resolution No. 2008 -054
Page 6
On June 30, 2007 — Employees will pay 3% and the City will pay 3.766%
increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement
formulas) of their base salary. The employee's cost will be reflected after the pay period
ending date of June 30, 2007.
All such employee contributions shall be deposited in the member's retirement
account.
The City will continue to pay the current employee's contribution of seven percent
(7 %) of the employee's base salary to the Public Employees' Retirement System in
addition to the allocated percentages for the increase to normal cost (difference
between 2% @ 55 and 2.7% @ 55 retirement formulas).
Effective July 5, 2005, the City agrees to increase the bilingual pay amount from
seventy -five dollars ($75.00) to one hundred dollars ($100.00) per month to a person
who is capable of speaking, reading, writing and /or interpreting the languages of
Spanish, Chinese, Japanese, Vietnamese, T agalog and Signing. Qualifying tests
established by the City shall make determination of capability. Re- testing of individuals
will be required to determine bilingual capability in the above stated languages. Only
those individuals who score at the level of "Good" or better will be eligible for Bi- lingual
pay.
Monthly Phone Allowance
Effective July 4, 2004, the City agrees to implement a monthly cellular telephone
allowance of $40.00 per month.
Attendance and Leaves
Sick Leave
Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall
be debited on an hourly basis.
Each eligible affected employee shall elect their maximum sick leave hours
accrual. Dependent upon the total number of currently accrued sick leave hours, the
maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If
an eligible affected employee wishes to elect a maximum sick leave accrual level that is
at a higher level than their currently accrued sick leave hours, they may do so. The
maximum accrual elected by the affected employee will be irrevocable. Once the
election is made by the employee, such excess hours will be removed from the
employee's sick leave hours accrual, calculated at their then straight time hourly rate
and placed into a sick leave hours bank to be paid at no less than 50% of the total value
Resolution No. 2008 -054
Page 7
nor more than 75% of the total value, with the timing and method of payment to be
determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for unused sick leave.
Annual Sick Leave Incentive
Sick leave shall accrue on a biweekly hourly basis and shall be debited on an
hourly usage basis. Each January 1, eligible employees will commence to accrue sick
leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the
close of the calendar year, each eligible employee will receive 50% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
Bereavement Leave
Each classification represented by the Association shall receive the equivalent of
their workweek per incident, as needed, for a death in their immediate family.
Immediate family shall mean and include only the employee's spouse, children,
step - children, foster children, grandchildren, parents, grandparents, brothers, sisters,
State Registered Domestic Partner and spouse's parents and spouse's grandparents.
Said time will not be cumulative from one twelve month period to another nor will pay in
lieu of unused leave for bereavement is provided.
Vacation Leave
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
The times during which an employee may take his /her vacation leave shall be
determined by the department head with due regard for the wishes of the
employee and for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
department head use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any
one calendar year for the purpose of a vacation leave with approval of the department
head. A vacation period is defined as the maximum amount of vacation leave accrued
by an employee in any calendar year.
Resolution No. 2008 -054
Page 8
Effective July 3, 2005, the maximum accrual of vacation leave that may be
accumulated shall be as follows:
1. Employees having less than five (5) years of employment (vacation
accrual =96 hours per year), the maximum amount of vacation that may be
accumulated shall be 192 hours.
2. Employees having more than five (5) years but less than ten (10) years of
employment (vacation accrual = 120 hours per year), the maximum
amount of vacation that may be accumulated shall be 240 hours.
3. Employees having more than ten (10) years but less than fifteen (15)
years of employment (vacation accrual = 144 hours per year), the
maximum amount of vacation that may be accumulated shall be 288
hours.
4. Employees having more than fifteen (15) years but less than twenty (20)
years of employment (vacation accrual = 168 hours per year), the
maximum amount of vacation that may be accumulated shall be 336
hours.
5. Employees having more than twenty (20) years of employment (vacation
accrual = 192 hours per year), the maximum amount of vacation that may
be accumulated shall be 384 hours.
If an employee, because of business necessity, is not able to utilize excess
accrued vacation hours, upon written request to, and approval of the department head,
an employee will be given an extension in order to take his /her vacation. In cases
where the employee forfeits vacation leave time at the request of the City, upon
approval of the Chief Executive Officer or designated representative(s), said employee
shall be compensated for forfeited vacation leave time at the employee's current rate of
pay. It is the employee's responsibility to schedule vacation time well in advance to
avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
The times during which an employee may take his /her vacation leave shall be
determined by the appointing authority with due regard for the wishes of the employee
and for the needs of the service.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation hours accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
Resolution No. 2008 -054
Page 9
In the event a legal holiday falls during a vacation leave, such holiday shall not
be charged as vacation leave, and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Administrative Leave
Effective July 1, 2004, each employee shall receive a maximum of fifty (50) hours
of administrative leave with pay each fiscal year. The use of such leave shall be at the
reasonable discretion of the employee.
Unused time at the end of each fiscal year, June 30, will be paid during the
following month of July with said time being calculated at their then straight time hourly
rate.
Holidays
For employees working a 4/10 plan, the following days shall be observed as holidays:
January 1 st; the third Monday in February; the last Monday in May; July 4th; the
first Monday in September; November 11th; the fourth Thursday in November;
December 24th; December 25th and such other days as may be designed as
Holidays by motion of the City Council
If any of the foregoing holidays fall on a Friday or a Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a
Sunday, the Monday following is the holiday in lieu thereof.
Floating Holidays
Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating
leave, for a total of 20 hours.
... :.
At the beginning of each calendar year, the City will determine how many of the
set holidays fall on a Friday and /or Saturday. An employee will be credited with an
equivalent number of hours of holiday time ( "holiday bank "). Each affected employee
will also be credited with the above floating holidays. The actual date for the use of
such leave shall be subject to the approval of the employee's appointing authority. This
holiday bank leave can be used in hourly increments and combined with other leave.
Resolution No. 2008 -054
Page 10
The employees may accumulate up to a maximum of one hundred (100) hours of
holiday bank time.
If an employee, because of business necessity, is not able to utilize excess
accrued holiday bank hours, upon written request to, and approval of the department
head, an employee will be paid for any excess hours over their maximum holiday bank
hours accrual. Each January 1, such excess hours will be removed from the
employee's holiday bank hours accrual, calculated at their then straight time hourly rate
and placed in a holiday hours bank to be paid not later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he /she will have his /her vacation
bank, administrative leave and /or final paycheck reduced to reflect the excess holiday
bank time used.
If an employee separates employment from the City, and has not used any
eligible accrued holiday bank time, he /she will be paid for such eligible holiday bank
time at his /her straight time rate.
Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules, shall not be granted additional compensation when such leave extends beyond
the employees regularly scheduled four (4) work days per week to his /her "Friday" day
off.
Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel
Rules shall not be granted additional compensation when such leave extends beyond
the employees regularly scheduled four (4) days per week to his /her "Friday" day off.
Training /Conference Leave
When an employee is scheduled to attend a conference or training program
Monday through Friday, his /her work hours will be 8:00 a.m. to 5:00 p.m., Monday
through Friday, so there is no issue that he /she is eligible for additional compensation
while attending the conference or training.
Resolution No. 2008 -054
Page 11
Injury on Duty
While any employee is on injury on duty status, his /her work hours will be 8:00
a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he /she is eligible for
additional compensation while receiving treatment or keeping doctor's appointments.
Industrial Injury Benefits
This language shall supersede that language in City Personnel Rule Section 11.5
which applies to NON - SWORN /MISCELLANEOUS employees. Said Personnel Rule
language is superseded by this MOU provision and the applicable Personnel Rule
language is null and void.
Effective July 1, 2008, any non -sworn (non -peace officer) employee injured in the
course and scope of employment and whose injuries are subject to the Workers'
Compensation laws of the State of California, shall be eligible to receive only those
benefits provided to non -sworn (non -peace officers) employees by the Workers'
Compensation laws. Effective July 1, 2008, any non -sworn (non -peace officer)
employee receiving benefits pursuant to superseded Personnel Rule Section 11.5, shall
immediately cease receipt of the benefits provided by the former Personnel Rule
section, and shall receive only those benefits provided to non -sworn (non -peace officer)
employees by the Workers' Compensation laws."
Experimental 4/10 Plan
The City agreed to implement an experimental 4/10 plan for all management
employees assigned to City Hall effective September 27, 1992. The management
employees recognize that the City may, at its sole discretion, end the 4/10 plan at any
time. The termination of such 4/10 plan is not subject to the grievance process or any
other administrative review. The management employees recognize that the 4/10 plan
is not a vested right in any manner.
The parties have agreed that although the City shall have an unrestricted
management right to terminate any of the work schedules described in the MOU,
implementation of that management right shall result in the City engaging the
meet and confer process as to the effects of exercising its management right.
Management employees assigned to City Hall, shall have a standard workday
consisting of ten and one -half (10 1/2) hours, nine hours and fifty minutes (9:50) of work
time and forty (40) minutes as a non -paid unrestricted meal period. Meal periods shall
be in accordance with department administrative guidelines.
Resolution No. 2008 -054
Page 12
Employees will be provided two (2) ten (10) minutes rest breaks during the day,
one each approximately at the midpoint of each one -half workday. Rest time is not
cumulative beyond the half scheduled workday within which the break period occurs nor
may it be used to extend lunch or shorten the workday.
Hours of Work
Management employees assigned to City Hall shall work Monday through
Thursday, 7:30 a.m. to 6:00 p.m.
Overtime
Overtime Compensation
Management employees shall not be eligible for overtime compensation in any
form.
New Fair Labor Standards Act Regulations
The City agrees that in the event the Department of Labor issues new or revised
interpretative regulations defining what is and what is not compensable hours of work,
the City shall amend any affected provisions of this language to comply with such
regulations.
The management employees recognize that there will be no retroactive
application of such regulations under this Memorandum of Understanding unless so
provided by the regulations or courts.
Policies and Procedures
Pay Periods
The pay periods and times of delivery of payroll checks for all employees shall be
set by the Executive Team.
Disciplinary Appeal Procedures
Classifications represented by the group will be subject to the disciplinary
procedures as set forth in Section 14 of the Personnel Rules.
Resolution No. 2008 -054
Page 13
American's With Disabilities Act
Because the ADA requires accommodations for individuals protected under the
Act, and because these accommodations must be determined on an individual,
case -by -case basis, the parties agreed that the provisions of this agreement may be set
aside in order for the City to avoid discrimination relating to hiring, promotion, granting
permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and
duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work
or other terms and privileges of employment.
The group recognizes that the City has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in working
conditions. The Association will be notified of these proposed accommodations prior to
implementation by the City.
Any accommodation provided to an individual protected by the ADA shall not
establish a past practice, nor shall it be cited or used as evidence of a past practice in
the grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake
required accommodations for an individual protected by the Act, the City will provide the
group with written notice of its intent to set aside the provision, and will allow the group
the opportunity to discuss options to setting aside of any provisions.
Alcohol and Drug Abuse Policy
•• -
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties safely
and efficiently, in the interests of their fellow workers and the public as well as
themselves.
Policy
It is the City's policy that employees shall not be under the influence of or in
unlawful possession of alcohol or illegal drugs while on city property, at work locations,
or while on duty; shall not utilize such substances when they are assigned to be on call
for duty; shall not possess, provide or sell illegal drugs to any other employee or to any
person while on duty; nor have their ability to work impaired as a result of the use of
alcohol or illegal drugs.
While use of medically prescribed medications and drugs is not per se a violation
of this policy, the employee must notify his /her supervisor, before beginning work, when
taking medication or drugs (including the possible effects of taking such medication or
drugs) which the employee believes may interfere with the safe and effective
performance of duties or operation of equipment. In the event there is a question
Resolution No. 2008 -054
regarding an employee's ability to safely and effectively perform assigned duties while
using such medications or drugs, clearance from their physician may be required.
The City is committed to providing reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them handicapped under
federal and /or state law.
Persons whose use of drugs or alcohol prohibits them from performing the duties
of their position, or whose use constitutes a direct threat to property or the safety of
others, are not considered handicapped under federal or state law.
Application
This policy applies to all employees of the City of Baldwin Park. This policy
applies to alcohol and to all substances, drugs, or medications, legal or illegal, which
could impair an employee's ability to effectively and safely perform the functions of the
job.
Emplovee Responsibilities
An employee must:
1. Refrain from the use of, or unlawful possession of, illegal drugs or narcotics
while on duty;
2. Not report to work while his /her ability to perform duties is impaired due to
alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours or at anytime while on city
property, unless authorized by the Police Department;
4. Not directly or through a third party sell or provide illegal drugs to any person,
including any employee, while either employee or both employees are on
d uty;
5. Notify his /her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, prescription or
non - prescription, which the employee believes may interfere with the safe and
effective performance of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later than
five (5) days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence
that other employees may be under the influence of drugs or alcohol or
engaging in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance through their medical plans or through
other resources available in their community. While the City will be supportive of those
who seek help voluntarily, the City will be equally firm in identifying and disciplining
those who continue to be substance abusers and do not seek help.
Resolution No. 2008 -054
Page 15
Management Responsibilities
1. Managers and supervisors are responsible for reasonable enforcement of
this policy.
2. Notify the affected contract /granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. Information to be distributed through the
Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already
underway as a medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provision
of this policy. Medical information, if necessitated, will be maintained by
the Personnel Services in separate, secured files.
6. Information will only be shared where there is a bona fide "need to know"
by management in instances where referrals, rehabilitation, medical
leaves, work accommodation, discipline or other employment related
decisions are affected.
7. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary
cases. Decisions made on such cases under this policy will be subject to
review by an individual's department head, and Personnel /Risk Manager.
Smoke Free Workplace
Section 18, of the Personnel Rules and Regulations, relating to smoking in the
City workplace will be amended to read as follows:
18.1 Purpose
The purpose of this policy is to set forth City Council direction in regard to
smoking by City employees in City facilities and to encourage non - smoking by City
employees in the work place. This policy is necessary because such smoking is
recognized as a hazard to the health of smokers and non- smokers alike.
All employees must be aware of the provisions of City Council Ordinance No.
1232 which prohibits smoking by anyone in and around City -owned premises and public
parks and other recreational facilities.
Resolution No. 2008 -054
Page 16
City owned premises is defined as a building or site owned and occupied, or
leased and occupied, by the City of Baldwin Park for any municipal function, and
includes the entire site of the City -owned premises and all structures thereon.
City owned premises shall not include any public sidewalk adjacent to the site or
City -owned premises, nor any building owned in part by the Baldwin Park
Community Development Commission, which is also partly owned by private
individuals or an Owner Participation Agreement. City -owned premises include,
but are not limited to, City Hall, the City Yard, and the site occupied by the City
Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled by
the City, and includes the entire site of the public park, all structures thereon, and any
public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia
McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes
Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center
and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas would
include employee offices; rooms or hallways not normally open to the public, employee
lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker
rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe,
cigar or cigarette or any other device used for the burning of tobacco or other similar
combustible material, so that the person in possession thereof can inhale and exhale
the smoke therefrom.
18.2 Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of city -owned buildings and city -
owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be
directed to the Executive Team.
18.3 Procedure
The Maintenance Division shall be responsible for posting and maintaining all
signs in accordance with the standards approved by the Executive Team. Signs in
private offices shall be the responsibility of the office occupant. "No Smoking" signs
shall be available from the Maintenance Division.
Those managers and supervisors closest to employee worksites are hereby
charged with the implementation of and compliance with this policy. The Executive
Team is ultimately responsible for such implementation and compliance.
Resolution No. 2008 -054
Page 17
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any
employee because such employee exercises any rights afford by this policy.
Tuition Reimbursement
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8
of the City Personnel Rules and Regulations shall be amended to provide that the
tuition reimbursement described therein shall allow for reimbursement eligibility for full
time sworn employees who have passed original probation in an amount not to exceed
$2,000, and that the reimbursement eligibility for full time non sworn police department
employees who have passed original probation shall be in an amount not to exceed
$1,500 per fiscal year.
Personnel Rule � 2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only as regards courses provided by an accredited
college or university and in a field in study reasonably related to the employee's duties
and which are deemed appropriate by the Executive Team.
Duration of Memorandum
This Agreement shall be in full force and effect for the period of July 1, 2008
through June 30, 2010.
Resolution No. 2008-054
Page 18
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and year
noted.
BALDWIN PARK MANAGEMENT
EMPLOYEES ASSOCIATION
Gene Logan, Representative
Date: V-7- L / 0 1�
Rosemary tLtie—rrei, Representative
Date:
CITY OF BALDWIN PARK
Vijay Singhal, Chief Executive Officer
Date:
Resolution No. 2008 -054
Page 19
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANUDM OF UNDERSTANDING
2008-2010
The City of Baldwin Park and the Classified Management Employees Association
(CMEA) agree to the following during the term of this Memorandum of Understanding:
In accordance with Resolution Number 94 — 67 "A Resolution of the City Council
of the City of Baldwin Park establishing the reporting of the value of the employer
paid member contributions as compensation using the special compensation
approach (Government Code Section 20023 ( C) ( 4 ):
The following is a statement of the change in reporting compensation to PERS:
"The City of Baldwin Park elected to pay 100% of the normal member
contributions as employer paid members contributions (EPMC) and report same
percent to PERS as compensation ".
INDEX
Resolution No. 2008 -054
Page 20
Direct Wage Payments
Salary 3
Insurance /Supplemental Waae Pavments
Benefits Plan 4
Vision Plan 4
Life Insurance 5
Dental Plan Enhancement 5
Long Term Disability 5
Retirement 5
Bilingual Pay 6
Monthly Cellular Phone Allowance 6
Attendance and Leaves
Sick Leave
6
Annual Sick Leave Incentive
7
Bereavement Leave
7
Vacation
7
Administrative Leave
9
Holidays
9
Floating Holidays
9
Holiday Bank
9
Military Leave
10
Jury Duty
10
Training /Conference Leave
10
Injury on Duty
11
Industrial Injury Benefits
11
Work Schedules
Experimental 4/10 Plan 11
Workday 11
Hours of Work 11
Overtime
Overtime Compensation 12
New Fair Labor Standards Act Regulations 12
Policies and Procedures
Pay Periods
12
Disciplinary Appeal Procedures
12
American's With Disabilities Act
13
Alcohol and Drug Abuse Policy
13
Smoke Free Workplace
15
Tuition Reimbursement
17
Resolution No. 2008-054
Page 21
Duration Of Memorandum
Exhibit "B" EPMC Reporting to CalPERS
17
19
INDEX 20-21
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: September 3, 2008
SUBJECT: NOTICE OF COMPLETION AND PROJECT ACCEPTANCE FOR
JULIA MCNEILL SENIOR CENTER, CIP 604, CONSTRUCTED BY CWS
SYSTEMS, INC
--•
T he purpose of this report is to provide an overview of the completed improvements,
recommend the project's acceptance, and summarize the project's budget and
expenditure status.
This project consisted of designing and constructing a 3,800 sq. ft. building combining
additional floor space and remodeled areas. Amenities included activity rooms, grand
entry lobby tower, activity rooms, TV lounge, library, restrooms, storage rooms and
offices. Other essential improvement included re- roofing existing areas, improved
HVAC, plumbing, electrical, security and fire alarm systems. Improvements on the
building's exterior included replacing all windows and exterior doors. Landscaping not
initially included in the project scope was done with Public Works staff support. The
completed improvements resulted in a state of the art, ADA accessible building for all
our seniors to enjoy.
The recommendation to accept the improvements was originally brought to the City
Council on the May 7, 2008, but was continued to clarify possible outstanding repair
issues with our Contractor, CWS Systems, Inc. Staff therefore reviewed the project and
its file, and verified with City staff, including Recreation and Community Services staff,
that in fact the project was 100% complete and ready for acceptance. Verification of
the project's acceptance status was performed by May 9, 2008. Staff has taken time,
however, to secure additional improvements and repairs.
The project should now be closed out. All the improvements are operational and
100% complete. Retention funds upon expiration of the 35 day lien period will be
paid to the Contractor.
Notice of Completion - Julia McNeill Senior Center Page 2 of 3
September 3, 2008
DISCUSSION
On May 22, 2008, the City experienced a moderate storm that caused flooding in the
Ester Snyder Community Center. The City has a warranty certificate from the
Contractor to ensure defects or faulty workmanship is addressed, however the
contractor voluntarily performed all repairs. The City has a one -year warranty certificate
upon acceptance of the project.
A summary of the project milestone and timeline is shown in Attachment 1. The total
construction cost includes the original contract plus any authorized change orders. The
original contract is $1,593,990, and the amount authorized by change orders is
$221,638, for a total construction cost of $1,815,628. The cost extras were within the
$229,510 authorized, $129,510 by the Public Works Director and an additional
$100,000 by the City Council.
FISCAL IMPACT
The staff recommendations will have no impact on the General Fund. The tables below
summarize the total project budgeted and expended funds:
AVAILABLE FUNDS
CDBG Funds
$900,000
Community Center Bond
$600,000
Unassigned Community Center Bonds
$280,000
CDBG Business Improvement Bond
$65,000
CDBG funds authorized March 2007
100,000
Total Available Funds
$1,945,000
PROJECT EXPENDITURES
Architectural
$116,686
Design (By Pickard)
$102,071
Change Orders (Added Design Work)
$14,615
Construction Contract
$1,815,628
Contract
$1,593,990
Change Orders
$221,638
Landscaping (by Public Works Staff)
$0
Construction Mgmt (by Public Works Staff)
$0
Total Expended Funds
$1,932,314
Notice of Completion - Julia McNeill Senior Center Page 3 of 3
September 3, 2008
RECOMMENDATION
It is recommended that the City Council:
1. Accept the improvements constructed by CWS Systems, Inc;
2. Authorize staff to record a Notice of Completion (Attachment 2); and
3. Authorize payment of retention funds to CWS Systems, Inc. upon expiration of
the 35 -day lien period.
ATTACHMENTS
1. Project Milestone and Timeline Summary
2. Notice of Completion
ATTACHMENT 1
Julia McNeill Senior Center
Project Milestone and Timeline Summary
0 On February 16, 2005, City Council authorized the award of a design contract
to Pickard Architects in the amount of $ 94,930 including 10% contingencies.
0 On March 2, 2006, bids were publicly opened and CWS Systems, Inc. was
announced the apparent lowest responsive bidder.
O On April 5, 2006, City Council authorized the award of a construction contract
to CWS Systems, Inc. in the amount of $1,593,990 to perform construction
work.
O On March 21, 2007, the City Council authorized an additional $100,000
appropriation from CDBG funds for the Senior Center to cover costs related to
unforeseen required building upgrades and to cover additional improvement
requested by the City that fell outside the original contract scope.
0 On January 31, 2008, the contractor had substantially completed the project
improvements and the City therefore took possession of the improvements.
Staff, however, had a number of follow up items that needed to be addressed
including HVAC system operation and roofing design changes. These items
have now been addressed and staff is recommending acceptance of the
project.
0 On May 7, 2008 the City Council requested that staff verify potential
outstanding issues and subsequently bring back a staff report to the City
Council upon staff satisfaction that the project is ready for full acceptance.
O On May 22, 2008 the City experienced a moderate storm that caused flooding
in the Ester Snyder Community Center.
0 September 3, 2008, the City Council considers project acceptance.
ATTACHMENT 2
WHEN RECORDED, MAIL TO:
CITY CLERK
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91707
NOTICE OF COMPLETION
Notice is hereby given that the certain work of improvement known as:
The City of Baldwin Park Julia McNeill Senior Center, Project No. CIP 604
for the undersigned agency was accepted by this agency on: September 3, 2008
The work of improvement was performed and completed (September 3, 2008) by:
CWS Systems, Inc.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF BALDWIN PARK)
The undersigned, being duly sworn, is the Director of Public Works of the City of Baldwin Park,
makes this verification on behalf of said entity, has read the foregoing and knows the contents
thereof, and that the facts stated herein are true.
CITY OF BALDWIN PARK
By: Date: 2008
Edwin "William" Galvez, P.E.
Director of Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature/Notary
2008
Date
G:A170 Projects \2 C Num- 'Title \2006 -002 Senior Center \163 NOC SeniorCenter.doc
i t
4:> ', P - 2008
TO: Honorable Mayor and City Council Member
FROM: Vijay Singhal, Chief Executive Officer
DATE: September 3, 2008
SUBJECT: ADOPTION OF RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE
STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL
GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS
PURPOSE
The purpose of this report is to update the City Council on the status of the state budget
situation and request approval of a resolution opposing state's proposed action of borrowing
local government redevelopment and transportation funds.
c� -• r� M14 Is]
Council member Monica Garcia requested that City Council be updated on the status of the
state budget situation.
Even after almost two months into the new fiscal year the State is operating without a
budget and there appears to be no sign of resolution. On August 20, 2008 the Governor
released his August revised budget.
In brief, the Governor proposes:
• No borrowing of city and county Proposition 1A or Prop. 42 funds;
• Restoration of COPS and Booking Fees to the Governor's May revise level;
• Three year Redevelopment ERAF shift of 5 percent or $225 million per year, whichever is
greater;
• Transit funding at essentially the revised May level with additional revenues deposited in
the general fund due to increased motor fuel tax collections;
• Three year, 1 percent sales tax increase, except for motor fuels. After three years, the
sales tax would be reduced by 1.25 percent permanently, including the tax on motor
fuels;
• Major program reductions ($2 billion deeper than the Budget Conference Committee
proposed) for a total of $9 billion in reductions in base (or workload budget) spending
below the previous year; and
Page 2
• Budget Reform to strengthen various elements and expand the required size of the Prop.
58 reserve funds. In addition, the Governor would have mid -year budget reduction
authority (up to 7 percent) when revenues decrease.
The three year Redevelopment ERAF shift of 5 percent or $225 million per year, whichever is
greater will cost our redevelopment agency (CDC) $246,000 annually or total of $738,000
over the three year period.
Rumors continue to persist that the Legislature is preparing alternate budget plans for
consideration that relies on substantial "loans" from Prop. 1A (property tax,) Prop. 42
(transportation funds,) Prop. 63 (mental health,) Prop. 10 (First Five) and any other special
funds, trust funds or "holding funds" that could be used to balance the budget.
Any loans from Prop 1A will directly impact the city and loans from and Prop 42 will impact
transportation funding. Depending on the amount of money taken from the city these
takeaways could have impacts on services.
On Wednesday, the Governor held a press conference with the Independent Cities
Association and the California Contract Cities Association to promote his budget
compromise. At the press Conference the Governor reiterated his commitment to prevent
borrowing from cities, Counties and schools.
The League of California Cities supports the Governor's commitment to protecting Prop 1A
and Prop 42 dollars, and has expressed concerns over his proposal for a 3 -year take of
redevelopment funds. The League believes and we support that redevelopment is essential
to the economic health of our communities and taking away redevelopment funds will have
long -term adverse impacts on development and growth in cities and could hurt local
economies.
The League is asking the cities to adopt a resolution opposing fiscally irresponsible state
budget decisions that would "borrow" local government, redevelopment and transportation
funds. More than 100 cities have approved similar resolution.
FISCAL IMPACT
Approving of the resolution will have no fiscal impact and the full impact of state's budget
problem on our city is not known at this time.
RECOMMENDATION
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2008 -060 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET
DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND
TRANSPORTATION FUNDS."
RESOLUTION NO. 2008 -060
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK
OPPOSING FISCALLY IRRESPONSIBLE
STATE BUDGET DECISIONS THAT
WOULD "BORROW" LOCAL
GOVERNMENT, REDEVELOPMENT AND
TRANSPORTATION FUNDS
WHEREAS, on July 1, 2008 the State Legislature missed its Constitutional
budget deadline; and
WHEREAS, both the Governor and the Legislative Budget Conference Committee
have recommended balanced budgets without resorting to "loans" or seizures of local
government property tax, redevelopment tax increment and transportation sales tax funds;
and
WHEREAS, in 1952 the voters of California approved n 1952 the voters approved
Article XVi, Section 16 of the California Constitution, providing for tax increment financing
for community revitalization —not balancing the state budget, and the voters never
authorized the legislature to take or "borrow" community redevelopment funds for state
programs; and
WHEREAS, in 2004 by an 84% margin of approval the voters of California approved
Proposition 1A and sent a loud and unambiguous message to state leaders that they
should stop the destructive and irresponsible practice of taking local government funds to
finance the state budget and paper over the state deficit; and
WHEREAS, in 2006 by a 77% margin of approval the voters of California also
approved Proposition 1A, providing similar protections to transportation funding for state
and local transportation projects, including important street maintenance and public transit
programs; and
WHEREAS, both ballot measures allow the Governor to declare a "severe state of
fiscal hardship" and "borrow" these funds if they are repaid in three years with interest, but
the Governor believes it would be irresponsible to "borrow" such funds because it would
deepen the state's structural deficit and cripple local government and transportation
services; and
WHEREAS, refusal by the Legislature to carryout its constitutional obligation to
compromise on a balanced budget is not a "severe state of fiscal hardship" and would not
justify reductions in critical local services, community revitalization programs and
infrastructure maintenance at a time when cities are struggling to balance their own
budgets during this economic down turn; and
WHEREAS, city investments in infrastructure, affordable housing and basic public
safety and other community services will create needed jobs and speed our economic
recovery; and
Resolution No. 2008 -060
Page 2
WHEREAS, the Legislature should balance the state budget with state revenues
and respect the overwhelming support of voters for not using local property taxes,
redevelopment tax increment and transportation sales tax funds to fund the day -to -day
operating cost of state programs; and
WHEREAS, it would be the height of fiscal irresponsibility to paper over the state
structural deficit with more borrowing, and Californians deserve state leaders who will tell
them honestly what needs to be done to produce a balanced budget; and
WHEREAS, it is time for the state of California to cut up its local government credit
cards and deal with the budget deficit in a straightforward way. Balance the state budget
with state funds.
NOW, THE CITY COUNCIL OF THE CITY OF BALDWIN HEREBY RESOLVES AS
FOLLOWS:
Section 1. The City of Baldwin Park hereby opposes any and all efforts by state
government to "borrow" or seize local tax funds, redevelopment tax increment and
transportation sales tax funds by the state government to finance state operations. Such a
move would be fiscally irresponsible for the state and hamper effective local services and
infrastructure investments.
Section 2. That the Chief Executive Officer is hereby directed to send this
resolution and communicate this Council's strong and unswerving opposition on this matter
to our Legislators and the Governor along with an expression of our continued appreciation
for the Governor's and any supportive legislators' steadfast opposition to further borrowing
or seizure of these funds.
Section 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED and ADOPTED this day of , 2008.
MANUELLOZANO
MAYOR
Resolution No. 2008-060
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution was duly approved and adopted at a regular meeting of the
City Council on the _ day of , 2008, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
LAURA M. NIETO
DEPUTY CITY CLERK
1
RAT D 1T%J
Y - A I K - l_
CITY OF BALDWIN PARK
z.. 2008
f_
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Marc Castagnola, Community Development Manager '
DATE: September 3, 2008
SUBJECT: A request for consideration of an amendment to the City's
General Plan Land Use Element to redesignate the subject
property from Garden Multi - Family Residential to General
Commercial. (Case No.: AGP -113; Location: 13402 Ramona
Blvd.; Applicant: Demesne Development Company.)
PURPOSE
This report requests City Council consideration of a request to amend the City's
General Plan Land Use Element redesignating the subject property from Garden Multi -
Family Residential to General Commercial. This report also requests City Council
consideration of the associated Negative Declaration.
Planning Commission Meeting
At the August 13, 2008, Planning Commission meeting, the Commission recommended
the City Council adopt the Negative Declaration of Environmental Impact and approve
AGP -113 to redesignate the subject property from Garden Multi - Family Residential to
General Commercial.
SUBJECT PROPERTY AND SURROUNDING LAND USES
The General Plan land use designation of the property at 13402 Ramona Boulevard
( "subject property ") is Garden Multi - Family Residential, however, the property is
inconsistently zoned C -2, General Commercial. The site is located on the southeast
corner of Ramona Boulevard and Foster Avenue. The following table provides a
summary of the land uses that surround the property in question.
TABLE 1
SURROUNDING LAND USES
Adjacent
Zoning
Property Use
General Plan Land Use
Property
Designation
Location
North
R -3
Multi-Family Residences
Multi-Family Residential
AGP -113
September 3, 2008
Paae 2
Adjacent
Zoning
Property Use
General Plan Land Use
Property
Designation
Location
South
RG
Single and Multi - Family
Garden Multi - Family Residential
Residences
East
C -2
I Commercial Strip Center
I Garden Multi-Family Residential
West
C -2
I Commercial /Retail Uses
I Garden Multi-Family Residential
CEQA/NOTICING
A Notice of Public Hearing was mailed to all property owners within a 300 -foot radius of
the subject properties and posted at City Hall, the Community Center and at the subject
property on August 21, 2008.
The Planning Division has completed an environmental analysis, and has determined
the project will not have a significant impact upon the environment. Pursuant to that
information, a Draft Negative Declaration of Environmental Impact has been prepared
to be considered by the City Council.
BACKGROUND
In 2002, a comprehensive amendment of the City's General Plan resulted in the change
of land use designations on properties throughout the City, in addition to significant
changes throughout the other General Plan Elements. Although the subject parcel has
a current land use designation of Multi- Family Residential, this request will not affect the
Housing Element of the General Plan as the City's current Housing Element is in the
process of being updated. This property is not included in the Residential Opportunity
Sites Inventory contained within the 2008 -2014 Housing Element update. It is
anticipated that future housing opportunities will focus on those areas designated mixed
use in the City's General Plan. Therefore, even if the subject property were to remain
designated Garden Multi - Family in the Land Use Element and rezoned for that use as
part of the City's current process of updating the Zoning Code and Zoning Map to
be consistent with the GP, it would still not be part of the that future housing focus.
DISCUSSION
Proposed Project
This application is a result of a Design Review request for the construction of a new
5,470 sq.ft. retail /commercial building proposed to be located at the southeast corner of
Ramona Blvd. and Foster Ave. When the project was first submitted for Design
Review, the site design lacked elevations with a useable street frontage and showed a
predominate front loaded parking area between the building and the street. Through
the Design Review process, staff provided additional direction and input, which resulted
in a new layout providing parking in the rear, bringing the building to the street. This
AGP -113
September 3, 2008
Page 3
new layout is an improved pedestrian friendly design. In addition to the new building,
the project proposes to relocate an existing wireless communication facility (monopine)
to a different location on site. Additional proposed site improvements include 28
parking spaces and landscaping within the setbacks and within the parking area.
In order for the development to take place, the applicant has applied for an amendment
to the General Plan to revert back to the 1989 General Plan designation of General
Commercial. A zone change is not required because the C -2, General Commercial
Zoning is still in place. This redesignation would be consistent with the existing zoning
designation and, therefore, could accommodate the proposed retail /commercial
building. The Design Review Committee tentatively approved the applicant's proposal
subject to approval of a General Plan Amendment to redesignate the property to
General Commercial.
Re- evaluation of 2002 General Plan Land Use Designation
The 2002 comprehensive amendment to the City's General Plan resulted in the change
of land use designations on properties throughout the City. The subject property and
the adjacent properties which were previously designated General Commercial were
redesignated as Garden Multi - Family Residential. Since the 2002 General Plan update,
staff has analyzed key areas along Ramona Boulevard. The goal was to evaluate
certain commercial lots that would compliment adjacent residential neighborhoods by
encouraging retail commercial uses that can easily be accessed by foot, promoting
pedestrian- oriented, neighborhood serving developments. Staff believes the approval
of this request to designate the subject property to General Commercial, which is
adjacent to residential properties, is in conformance with the goals and policies
contained in the City's General Plan, as the Land Use Element promotes strategies that
include pedestrian - friendly commercial areas to de- emphasize the use of automobiles,
encourage walking to shopping districts and provides for the revitalization of
deteriorating land uses and properties and create opportunities for commercial uses
that meet the retail and service needs of the local residents.
Although this application is proposing to change the land use designation for only the
corner property, this could be interpreted as spot zoning once the surrounding
properties are rezoned to match the General Plan designation. However, as part of the
Zoning Code update, staff will also be looking into redesignating the easterly and
westerly properties, to promote more neighborhood commercial.
This report has been reviewed and approved by the City Attorney's Office as to legal
form and content."
AGP -113
September 3, 2008
Paae 4
Staff and the Planning Commission recommend that the City Council:
1) Adopt Resolution 2008 -55 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE
AMENDMENT TO THE CITY'S GENERAL PLAN LAND USE ELEMENT TO
REDESIGNATE THE PROPERTY LOCATED AT 13402 RAMONA
BOULEVARD FROM GARDEN MULTI - FAMILY RESIDENTIAL TO GENERAL
COMMERCIAL (CASE NO. AGP -113; LOCATION: 13402 RAMONA BLVD.;
APPLICANT: DEMESNE DEVELOPMENT COMPANY);" AND
2) Adopt Resolution 2008 -057 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE
CITY'S GENERAL PLAN LAND USE ELEMENT TO REDESIGNATE THE
PROPERTY LOCATED AT 13402 RAMONA BOULEVARD FROM GARDEN
MULTI - FAMILY RESIDENTIAL TO GENERAL COMMERCIAL (CASE NO.
AGP -113; LOCATION: 13402 RAMONA BLVD.; APPLICANT: DEMESNE
DEVELOPMENT COMPANY)."
ATTACHMENTS:
#1 - Vicinity Map — Existing General Plan Land Use Designation
#2 - Vicinity Map — Proposed Zoning and Land Use Designation
#3 - Environmental Data — Draft Negative Declaration and Initial Study
#4 - Application Form and Statements
#5 - Resolution 2008 -055
#6 - Resolution 2008 -057
ATTACHMENT #1
Existing General Plan Land Use Designation
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CASE NO.: AGP -113
ADDRESS: 13402 Ramona Blvd.
DATE: September 3, 2008
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CASE NO.: AGP -113
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DATE: September 3, 2008
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DATE: September 3, 2008
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ATTACHMENT #3
Environmental Data — Draft Negative Declaration and Initial Study
DRAFT INITIAL STUDY, ENVIRONMENTAL CHECKLIST
1. Project Title:
2. Lead Agency Name and Address
3. Contact Person and Phone Number
4. Project Location:
5. Assessor's Parcel Number:
6. Project Sponsor's Name and Address:
7. General Plan Designation:
.
A request for approval of an amendment to the
City's General Plan Land Use Element, to
redesignate the subject property from Garden
Multi - Family Residential to General Commercial.
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Salvador Lopez Jr., Associate Planner
(626) 813 -5261
13402 Ramona Blvd.
8552 - 005 -022
Demesne Development Company
8442 Alondra Blvd.
Paramount, CA 90723
Garden Multi - Family Residential (current)
General Commercial (proposed)
C -2, General Commercial
9. Surrounding Land Uses Incorporated in 1956, the City of Baldwin Park is located
and Settings: approximately 17 miles east of downtown Los Angeles. The
intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel
River) freeways lies near the southwest corner of this 6.8 square
mile City. Although Baldwin Park is predominantly a residential
bedroom community, recent efforts have placed a greater
emphasis on promoting commercial and industrial land uses.
However, the City is near "build- out ", focusing efforts on the
Redevelopment of land, especially within close proximity to the
freeway.
According to the 2000 Census, Baldwin Park has approximately
75,900 persons. This is more than double the population in 1960.
Baldwin Park is predominantly a Hispanic working class
community, although between the 1990 and 2000 Census has
experienced a recent increase in its Asian population. Furthermore,
the City has a considerably larger than average household size
than the County average, suggesting increased pressure on the
City's housing stock and the provision of services.
City of Baldwin Park
3940
0 3934
z
CO 3928
0
O 3922
3914
M
3906
3823
i Me
3935 >
3927
3921 >
3915 M
SYFL
3936
3930
3924
3918
"llf
3929
71
r—
3924
3921
r
—
3918
3915
3912
3909
m
3904
G)
X -
3915 > 3912
M
3909
>< 3904
3903 M
FIGURE 2
Project Site Map
& Surrounding
Zoning Designation
CASE NO.: AGP-113
ADDRESS: 13402 Ramona Blvd.
DATE: September 3, 2008
N
Not t
Scab
10. Description of Project:
Introduction, Purpose and Need for the Project:
The recent amendment of the City's General Plan resulted in the change of land use designations
throughout the city. The property in which this application is applying for (as well as the adjacent
properties) was redesignated from General Commercial to Garden Multi - Family Residential.
Currently, the property is vacant with the exception of an existing wireless communication facility in
the form of a monopine that was originally constructed to accommodate one additional co- location.
In order construct a new commercial /retail building, the applicant has applied for an amendment to
the General Plan to revert back to the original designation of General Commercial. A Zone Change
will not be required because the C -2, General Commercial Zoning is still in place.
Project Characteristics:
A request for approval of an amendment to the City's General Plan Land Use Element, to
redesignate the subject property from Garden Multi - Family Residential to General Commercial,
pursuant to Sections 153.630 of the City's Municipal Code.
11. Other public agencies whose approval is required (e.g., permits, financing approval,
or participation agreement)
No additional public approvals beyond Planning Commission and City Council will be required for
this project.
12. Ref W r e11 C:eS
The following are also referenced where appropriate in the Environmental Checklist Form:
a. General Plan
b. Municipal Code
C. Zoning Code
d. Emergency Operations Coordinator
e. Geological Map— Liquefaction Zones
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers, except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project - specific factor as well as general standards (e.g.,
the project will not expose sensitive receptors to pollutants, based on a project- specific
screening analysis.)
2) All answers must take account of the whole action involved, including offsite as well as
onsite, cumulative as well as project - level, indirect as well as direct, and construction as well
as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced).
5) Earlier analyses may be used where, pursuant to the tiring, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
C) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures, which were incorporated
or refined from the earlier document and the extent to which they address site -
specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement issubstantiated.
7) Supporting Information Sources: A source list should be attached,.and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however,
lead agencies should normally address the questions from this checklist that are relevant to
a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than
significance.
ENVIRONMENTAL CHECKLIST:
Explanation of Checklist Judgements:
I(a). No Impact. The amendment will not have an adverse affect on a scenic vista or
result in the obstruction of any scenic views.
I(b). No Impact. This amendment will not result in the damage or destruction of scenic
resources or historical buildings.
1(c). No Impact. This amendment will not substantially degrade the existing visual
character and quality of the site and its surroundings.
I(d). No Impact. This amendment will not create any new source of substantial light or
glare which would adversely affect day or nighttime views in the residential zones.
Less Than
Less Than
Potentially
Significant
Potentially
Significant
Less Than
Significant
With
AESTHETICS
Significant
With
Significant
No Impact
Impact
Impact
Mitigation
Impact
In determining whether impacts to agricultural resources are
Incorporation
Would the project:
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❑
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■
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
F-1
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F-1
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within a state scenic highway?
E]
El
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■
C) Substantially degrade the existing visual character or
and
farmland. Would the project:
quality of the site its surroundings?
❑
❑
❑
■
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in the
area?
prepared pursuant to the Farmland Mapping and Monitoring
Explanation of Checklist Judgements:
I(a). No Impact. The amendment will not have an adverse affect on a scenic vista or
result in the obstruction of any scenic views.
I(b). No Impact. This amendment will not result in the damage or destruction of scenic
resources or historical buildings.
1(c). No Impact. This amendment will not substantially degrade the existing visual
character and quality of the site and its surroundings.
I(d). No Impact. This amendment will not create any new source of substantial light or
glare which would adversely affect day or nighttime views in the residential zones.
Explanation of Checklist Judgements:
II(a). No Impact. The proposed amendment will not convert any type of farmland to a non-
agricultural use.
II(b). No Impact. The proposed amendment will not conflict with the zoning for agricultural use or
a Williamson Act contract.
Less Than
Potentially
Significant
Less Than
II AGRICULTURE RESOURCES
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and
farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non -
a ricultural use?
❑
❑
F-1
■
b) Conflict with existing zoning for agricultural use, or a
Williamson
Act contract?
C) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
❑
El
F-1
■
Farmland, to non-agricultural use?
Explanation of Checklist Judgements:
II(a). No Impact. The proposed amendment will not convert any type of farmland to a non-
agricultural use.
II(b). No Impact. The proposed amendment will not conflict with the zoning for agricultural use or
a Williamson Act contract.
II(c). No Impact. The amendment will not result in the conversion of farmland to non - agricultural
uses.
Explanation of Checklist Judgements:
111(a). No Impact. The proposed amendment does not conflict with any applicable air quality plan.
The City of Baldwin Park is located within the South Coast Air Basin which is a non -
attainment area for selective pollutants. Air pollution is a regional problem. Pollution levels
in Baldwin Park are a result of not only focal emissions, but also of those throughout the
region.
III(b). No Impact. The amendment will not result in a cumulative net increase of pollutants for
which the region is in non - attainment.
III(c). No Impact. The proposed amendment will not result in a cumulatively considerable net
increase of any criteria pollutant for which the region is in non - attainment. The Southern
California Association of Governments and the South Coast Air Quality Management District
have adopted a South Coast Air Quality Management Plan (SCAQMP). The proposed
amendment will not have a significant impact upon air quality.
III(d). , No Impact. The proposed amendment will not expose any nearby sensitive receptors to
substantial pollutant concentrations.
III(e). No impact. The proposed amendment will not create objectionable odors affecting a
substantial number of people.
Potentially
Less Than
Less Than
III
AIR QUALITY
Significant
Significant With
Significant
No Impact
With
Significant
Impact
p
Mitigation
Impact
p
Mitigation
Impact
Incorporation
Incorporation
Where
available, the significance criteria established by the
a) Have a substantial adverse effect, either directly or through
applicable air quality management or air pollution control district
candidate, sensitive or special status species in local or
may be
relief upon to make the following determinations. Would the
❑
regional plans, policies, or regulations, or by the California
project:
Department of Fish and Game or U.S. Fish and Wildlife
❑
❑
❑
■
a) Conflict with or obstruct implementation of the applicable air
quality plan?
❑
❑
❑
■
b) Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
C) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
❑
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❑
■
quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
❑
❑
❑
■
d) Expose sensitive receptors to substantial pollutant
concentrations?
❑
❑
■
e) Create objectionable odors affecting a substantial number
of people?
Explanation of Checklist Judgements:
111(a). No Impact. The proposed amendment does not conflict with any applicable air quality plan.
The City of Baldwin Park is located within the South Coast Air Basin which is a non -
attainment area for selective pollutants. Air pollution is a regional problem. Pollution levels
in Baldwin Park are a result of not only focal emissions, but also of those throughout the
region.
III(b). No Impact. The amendment will not result in a cumulative net increase of pollutants for
which the region is in non - attainment.
III(c). No Impact. The proposed amendment will not result in a cumulatively considerable net
increase of any criteria pollutant for which the region is in non - attainment. The Southern
California Association of Governments and the South Coast Air Quality Management District
have adopted a South Coast Air Quality Management Plan (SCAQMP). The proposed
amendment will not have a significant impact upon air quality.
III(d). , No Impact. The proposed amendment will not expose any nearby sensitive receptors to
substantial pollutant concentrations.
III(e). No impact. The proposed amendment will not create objectionable odors affecting a
substantial number of people.
Less Than
Potentially
Significant
Less Than
IV BIOLOGICAL RESOURCES
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a
candidate, sensitive or special status species in local or
❑
❑
❑
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service.
Explanation of Checklist Judgements:
IV(a). No Impact. The amendment will not have any effect on any species identified by the
California Department of Fish and Game or the US Fish and Wildlife Service.
IV(b). No Impact. The amendment will not have a substantial adverse effect on any riparian
habitat or other sensitive natural Community identified in any local or regional plaits, policies
regulations or by the California Department of Fish and game or by the U.S. Fish and
Wildlife Service.
IV(c). No Impact. The amendment will not have a substantial effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act. There are no federally
protected wetlands within the City of Baldwin Park.
IV(d). No Impact. The amendment will not interfere with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is
within an urbanized area and not within five (5) miles of a wildlife corridor.
IV(e). No Impact. The proposed amendment does not conflict with any local policies or ordinances
protecting biological resources, as the City of Baldwin Park does not have any ordinances
protecting trees, wildlife, etc...
IV(f). No Impact. The amendment will not conflict with any provisions of an adopted habitat
conservation plan, natural community conservation plan or any local, regional or state
habitat conservation plan, as the City's General plan does not indicate any of the referenced
plans which could be affected by the project proposal.
b)
Have a substantial adverse effect on any riparian habitat or
Less Than
Potentially
other sensitive natural community identified in local or
regional plans, policies, regulations, or by the California
El
V
CULTURAL RESOURCES
Significant
With
Department of Fish and Game or U.S. Fish and Wildlife
No impact
Impact
Mitigation
Impact
Service.
Incorporation
Would the project:
C) Have a substantial adverse effect on federally protected
a) Cause a substantial adverse change in the significance of a
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
❑
®
❑
b) Cause a substantial adverse change in the significance of
etc.) through direct removal, filling, hydrological interruption,
an archaeological resource pursuant to Section 15064.5?
C) Directly or indirectly destroy a unique paleontological
or other means?
resource or site or unique geological feature?
d) Disturb any human remains, including those interred
outside formal
of cemeteries?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
❑
impede the use of native wildlife nursery sites
e)
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
F-1
❑
❑
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat
(�
�I
Explanation of Checklist Judgements:
IV(a). No Impact. The amendment will not have any effect on any species identified by the
California Department of Fish and Game or the US Fish and Wildlife Service.
IV(b). No Impact. The amendment will not have a substantial adverse effect on any riparian
habitat or other sensitive natural Community identified in any local or regional plaits, policies
regulations or by the California Department of Fish and game or by the U.S. Fish and
Wildlife Service.
IV(c). No Impact. The amendment will not have a substantial effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act. There are no federally
protected wetlands within the City of Baldwin Park.
IV(d). No Impact. The amendment will not interfere with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is
within an urbanized area and not within five (5) miles of a wildlife corridor.
IV(e). No Impact. The proposed amendment does not conflict with any local policies or ordinances
protecting biological resources, as the City of Baldwin Park does not have any ordinances
protecting trees, wildlife, etc...
IV(f). No Impact. The amendment will not conflict with any provisions of an adopted habitat
conservation plan, natural community conservation plan or any local, regional or state
habitat conservation plan, as the City's General plan does not indicate any of the referenced
plans which could be affected by the project proposal.
Less Than
Potentially
Significant
Less Than
V
CULTURAL RESOURCES
Significant
With
Significant
No impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Cause a substantial adverse change in the significance of a
historical resource as defined in Section f5064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 15064.5?
C) Directly or indirectly destroy a unique paleontological
resource or site or unique geological feature?
d) Disturb any human remains, including those interred
outside formal
of cemeteries?
Explanation of Checklist Judgements:
V(a). No Impact. The amendment will not cause a substantial adverse change in the significance
of a historical resource.
V(b). No Impact. The amendment will not cause a substantial adverse change in the significance
of an archaeological resource.
V(c). No Impact. The amendment will not directly or indirectly destroy a unique paleontological
resource or geological feature.
V(d). No Impact. The amendment is not expected to disturb any human remains. The City of
Baldwin Park does not have any cemeteries.
Explanation of Checklist Judgements:
VI(a). No Impact. The proposed amendment will not expose people or structures to potential
substantial adverse effects involving the rupture of a known earthquake fault. According to
the City's General plan, there are no active faults within the City of Baldwin Park, therefore,
no Alquist - Priolo Special Study Zones are within the City.
Although there are no active faults within the City of Baldwin Park, there are several major
faults surrounding the City, which have the potential for causing major damage; however,
the occurrence of direct ground rupture is not likely according to the City's General Plan.
Potential for this type of activity is similar throughout Southern California and no unique or
unusual risk is posed by the proposed project.
According to the Seismic Hazard Zones Map dated 3/99 from the State Department of
Geology and Mines, the project area is not within a liquefaction zone.
Less Than
Potentially
Significant
Less Than
VI
GEOLOGY AND SOILS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
incorporation
Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist - Priolo Earthquake Fault Zoning Map
El
❑
❑
■
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
❑
❑
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®
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®
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❑
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■
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
C) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
❑
u
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■
potentially result in on or offsite landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18 -1 -B of
the Uniform Building Code (1994), creating substantial risk
❑
❑
❑
■
to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
❑
❑
where sewers are not available for the disposal of
wastewater?
Explanation of Checklist Judgements:
VI(a). No Impact. The proposed amendment will not expose people or structures to potential
substantial adverse effects involving the rupture of a known earthquake fault. According to
the City's General plan, there are no active faults within the City of Baldwin Park, therefore,
no Alquist - Priolo Special Study Zones are within the City.
Although there are no active faults within the City of Baldwin Park, there are several major
faults surrounding the City, which have the potential for causing major damage; however,
the occurrence of direct ground rupture is not likely according to the City's General Plan.
Potential for this type of activity is similar throughout Southern California and no unique or
unusual risk is posed by the proposed project.
According to the Seismic Hazard Zones Map dated 3/99 from the State Department of
Geology and Mines, the project area is not within a liquefaction zone.
VI(b). No Impact. The City is located in a relatively flat urbanized area with a very low potential for
wind and water erosion of soils.
VI(c). No Impact. The City is not located on a geological unit or soil that is unstable and could
result in landslide, spreading liquefaction or collapse according to the Seismic Hazards Zone
Map dated March 25, 1999 from the State geologists Office.
VI(d). No Impact. The City and the project area are located on a very low to low expansive soil as
defined in Table 18 -1 -B of the UBC (1997). Therefore the project will not create any risk to
life or property.
VI(e). No Impact. The proposed project's location does have sewers available for the disposal of
wastewater. Furthermore, the soils at the proposed location can adequately support the use
of the sewers.
Explanation of Checklist Judgements:
VII(a). No Impact. The amendment will not create a significant hazard to the public through the
routine transport use or disposal of hazardous materials. It is not anticipated that there will
be any hazardous materials associated with the proposed project.
VII(b). No Impact. There will be no significant hazard to the public or the environment regarding the
upset or release of hazardous materials into the environment.
VII(c). No Impact. The use on the project site will not emit hazardous emissions or handle
hazardous material, substances or waste within one - quarter of an existing school.
VII(d). No Impact. The proposed project is not located on a site that is included on a list of
hazardous materials sites.
Less Than
V111
HAZARDS AND
Potentially
Significant
Less Than
HAZARDOUSMATERIALS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project.
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
❑
❑
❑
■
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
El
0
conditions involving the release of hazardous materials into
the environment?
C) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one -
❑
❑
uarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section
El
D
65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
n
result in a safety hazard for people residing or working in
u
the project area?
f) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
®
❑
evacuation plan?
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Explanation of Checklist Judgements:
VII(a). No Impact. The amendment will not create a significant hazard to the public through the
routine transport use or disposal of hazardous materials. It is not anticipated that there will
be any hazardous materials associated with the proposed project.
VII(b). No Impact. There will be no significant hazard to the public or the environment regarding the
upset or release of hazardous materials into the environment.
VII(c). No Impact. The use on the project site will not emit hazardous emissions or handle
hazardous material, substances or waste within one - quarter of an existing school.
VII(d). No Impact. The proposed project is not located on a site that is included on a list of
hazardous materials sites.
VII(e). No Impact. The project is not located within an airport land use plan or within two miles of a
public airport, and therefore would not create a hazard to people residing or working in the
area.
VII(f). No Impact. Since the project is not within the vicinity of a private airstrip, the project would
not create a safety hazard for people residing or working in the project area.
VII(g). No Impact. According to the City's Emergency Operations Coordinator, the amendment will
not impair implementation or physically interfere with the City's adopted emergency plan or
emergency evacuation plan.
VII(h). No Impact. The project site is within a highly urbanized area and will therefore not expose
people or structures to a significant risk of loss, injury or death involving wildland fires.
Explanation of Checklist Judgements:
VIII(a). No Impact. The amendment will not violate any water quality standards or waste discharge
requirements, as the facility will generate minimal amounts of solid waste typical for this
particular residential use. In addition, the applicant will be required to implement the
requirements of the National Pollution Elimination Discharge System (NPDES), which
regulates water quality runoff.
VIII(b). No Impact. The proposed amendment will not deplete groundwater supplies or interfere
with groundwater recharge.
Less Than
VIII
HYDROLOGY AND WATER
Potentially
significant
Less Than
QUALITY
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
❑
❑
El
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
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❑
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■
pre - existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)?
C) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, in a manner which would result in
❑
❑
❑
■
substantial erosion or siltation on or offsite?
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
®
®
❑
of surface runoff in a manner which would result in flooding
on or offsite?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
❑
El
El
systems or provide substantial additional sources of
polluted runoff.
❑
❑
f) Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area as
on a federal Flood Hazard Boundary or Flood
El
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El
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
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1
result of the failure of a levee or dam?
❑
❑
■
j) Inundation by seiche, tsunami, or mudflow?
Explanation of Checklist Judgements:
VIII(a). No Impact. The amendment will not violate any water quality standards or waste discharge
requirements, as the facility will generate minimal amounts of solid waste typical for this
particular residential use. In addition, the applicant will be required to implement the
requirements of the National Pollution Elimination Discharge System (NPDES), which
regulates water quality runoff.
VIII(b). No Impact. The proposed amendment will not deplete groundwater supplies or interfere
with groundwater recharge.
V111(c). No Impact. The proposed amendment will not substantially alter the course of an adjacent
stream or river, which would result in erosion, or siltation of the site as there is no stream or
river running through the City, which the exception of the channelized San Gabriel River.
VIII(d). No Impact. The proposed amendment will not substantially alter the drainage patterns of the
City and will not alter the course of a stream or river, as there are no streams or rivers in the
City with the exception of the channelized San Gabriel River.
VIII(e). No Impact. The proposed amendment will not create or contribute run -off, which would
exceed the capacity of the existing storm drain system. Nor will the proposed project
provide any polluted run -off.
VIII(f). No Impact. The amendment will not degrade the existing water quality because of the
limited amount of impervious surfaces associated with the project.
VIII(g). No Impact. The amendment will not place housing within a 100 -year flood hazard area.
Furthermore, the City is not within a Flood Zone. Federal Emergency Management
Association (FEMA) has the City of Baldwin Park classified as Zone C- 060100.
VIII(h). No Impact. The site is not within a 100 -year flood hazard area. FEMA has classified the
City of Baldwin Park as Zone C- 060100.
VIII(i). No Impact. The amendment will not expose people or structures to a significant risk of loss
involving flooding as a direct result of the failure of a levee or dam. Although the Santa Fe
dam is located directly adjacent to the City across Arrow Highway, large -scale flooding as a
result of failure of this particular dam is negligible due to the design of the dam in that water
is present in the dam only a few months of the year.
VIII(j). No Impact. Since Baldwin Park is an inland City, it could not experience a tsunami and the
few bodies of water in Baldwin Park are small enough that they would not be able to produce
a seiche large enough to cause any damage. Furthermore, Baldwin Park is an urbanized
City with no hillsides to speak of and therefore, damage caused by mudflow would be
negligible.
Explanation of Checklist Judgements:
IX(a). No Impact. The proposed General Plan Amendment will not physically divide an established
community.
Less Than
Potentially
Significant
Less Than
IX
LAND USE AND PLANNING
significant
with
significant
No impact
Impact
Mitigation
Impact
Incorporation
Would the project:
❑
❑
❑
■
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
❑
❑
■
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
E]
❑
El
■
C) Conflict with any applicable habitat conservation plan or
natural community
conservation plan?
Explanation of Checklist Judgements:
IX(a). No Impact. The proposed General Plan Amendment will not physically divide an established
community.
IX(b). Less Than Significant Impact. The proposed amendment will compliment the existing C -2,
General Commercial Zoning. The project, if approved, will not be in conflict with any land
use plan, policy or regulation of an agency that has jurisdiction over the project adopted for
the purpose of avoiding or mitigating an environmental effect. Thus, not creating any conflict
with the land use map.
The City is, however, revisiting key residential areas and evaluating the probability of
creating commercial nodes to fit into the City's long range planning effort. The goal is to
create a commercial zone that will compliment the adjacent residential neighborhoods and
lend it to uses that are pedestrian oriented. The objective of the General Plan is to establish
a land use pattern that provides integration between existing community qualities and the
community's vision for the future.
IX(c). No Impact. Currently the City has no habitat conservation plans or natural community
conservation plans which would possible be affected by the proposed amendment.
Explanation of Checklist Judgements:
X(a). No Impact. The amendment will not result in the loss of a known mineral resource that
would be of future value to the region or the residents of the State. There are no known
mineral resources located within the City of Baldwin Park according to the City's General
Plan.
X(b). No Impact. The amendment will not result in the loss of a locally important mineral resource
recovery site, as the City's General Plan does not indicate any known mineral resources.
Less Than
Less Than
Potentially
Significant
Less Than
Significant
X MINERAL RESOURCES
Significant
With
Significant
No Impact
With
Impact
Mitigation
Impact
Impact
Mitigation
Incorporation
Would the project:
Incorporation
a) Result in the loss of availability of a known mineral resource
that would be of future value to the region and the residents
El
a) Exposure of persons to or generation of noise levels in
of the State?
excess of standards established in the local general plan or
b) Result in the loss of availability of a locally- important
mineral resource recovery site delineated on a local general
noise ordinance, or applicable standards of other agencies?
Ian, specific plan, or other land use plan?
b) Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
Explanation of Checklist Judgements:
X(a). No Impact. The amendment will not result in the loss of a known mineral resource that
would be of future value to the region or the residents of the State. There are no known
mineral resources located within the City of Baldwin Park according to the City's General
Plan.
X(b). No Impact. The amendment will not result in the loss of a locally important mineral resource
recovery site, as the City's General Plan does not indicate any known mineral resources.
Less Than
Potentially
Significant
Less Than
XI
NOISE
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
C) A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the project
area to excessive noise levels?
Explanation of Checklist Judgements:
XI(a). No Impact. The proposed amendment will not result in the exposure of persons to or
generation of noise levels in excess of standards established in the City's General Plan,
noise ordinance or applicable standards of other agencies.
XI(b). No Impact. The amendment will not result in the exposure of persons to generation of
excess ground borne vibration or ground borne noise levels.
XI(c). No Impact. The amendment will not result in a substantial permanent increase of ambient
noise levels.
XI(d). No Impact. The amendment will not result in a substantial or periodic increase in ambient
noise levels above levels that exist.
XI(e). No Impact. The City of Baldwin Park is not located within an airport land use plan not within
two miles of an airport. Therefore, the amendment will not expose people to excessive
noise levels.
XI(f). No Impact. The City of Baldwin Park is not within the vicinity of a private airstrip. Therefore,
the amendment will not expose people to excessive noise levels.
Explanation of Checklist Judgements:
XII(a). No Impact. The amendment will not induce substantial population growth in an area, either
directly or indirectly.
XII(b). No Impact. The proposed amendment will not displace any existing housing units that will
necessitate the replacement or construction of residential units.
XII(c). No Impact. The proposed amendment will not displace substantial number of
individuals /families necessitating the construction of replacement housing.
Less Than
Potentially Significant Less Than
XIII PUBLIC SERVICES Significant With Significant No Impact
Impact Mitigation Impact
Incorporation
Would the project: result in substantial adverse physical impacts
associated with the provision of new or physically altered
governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for
any of the public services?
Less Than
Potentially
Significant
Less Than
XII
POPULATION AND HOUSING
Significant
With
Significant
No Impact
Ir* pact
Mitigation
impact
Incorporation
Would the project.
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
❑
❑
❑
C) Displace substantial numbers of people, necessitating the
construction of replacement housing
elsewhere?
Explanation of Checklist Judgements:
XII(a). No Impact. The amendment will not induce substantial population growth in an area, either
directly or indirectly.
XII(b). No Impact. The proposed amendment will not displace any existing housing units that will
necessitate the replacement or construction of residential units.
XII(c). No Impact. The proposed amendment will not displace substantial number of
individuals /families necessitating the construction of replacement housing.
Less Than
Potentially Significant Less Than
XIII PUBLIC SERVICES Significant With Significant No Impact
Impact Mitigation Impact
Incorporation
Would the project: result in substantial adverse physical impacts
associated with the provision of new or physically altered
governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for
any of the public services?
protection?
:e protection?
)ols?
s?
�r public facilities?
Explanation of Checklist Judgements:
❑
❑
❑
Less Than
❑
❑
❑
■
❑
❑
❑
■
Significant
No Impact
XIII(a). No Impact. The proposed amendment will not result in the additional need for new or
altered fire protection and will not alter acceptable service ratios or response times.
Currently Station 29 serves the City, which is located at Los Angeles Street and Maine
Avenue.
XIII(b). No Impact. The proposed amendment will not result in the additional need for new or
altered police protection.
XIII(c). No Impact. Since the proposed amendment will not increase the City's population (i.e. new
housing), there will not be the need to build new schools or physically alter any existing
schools to accommodate any increase in population. School impact fees collected prior to
occupancy are intended to offset any potential demand for new school facilities.
XIII(d). No Impact. Since the amendment is not intended to increase the City's population which in
turn increases the need for public services, the amendment will not result in the need to
modify or add new any new parks or recreational facilities, The City's Development Tax
collected prior to occupancy is intended to offset any potential demand for recreational
facilities.
XIII(e). No Impact. The proposed amendment will not require the need for new or physically altered
public facilities.
Explanation of Checklist Judgements:
XIV(a). No Impact. The proposed amendment is not expected to significantly impact the City's
existing parks or recreational facilities.
XIV(b). No Impact. The proposed amendment does not require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment.
Less Than
Potentially
Significant
Less Than
XIV
RECREATION
Significant
with
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
a)
Would the project increase the use of existing
neighborhood and regional parks or other recreational
❑
❑
❑
■
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities, which
®
®
®
■
might have an adverse physical effect on the environment?
Explanation of Checklist Judgements:
XIV(a). No Impact. The proposed amendment is not expected to significantly impact the City's
existing parks or recreational facilities.
XIV(b). No Impact. The proposed amendment does not require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment.
Explanation of Checklist Judgements:
XV(a). No Impact. The proposed amendment will not cause an increase in traffic to the existing
traffic Inarl and Capacity of the Street system.
XV(b). No impact. The amendment will not exceed a level of service standard established by the
County Congestion Management Agency for designated roads or highways.
XV(c). No Impact. The amendment will not result in a change or increase in air traffic patterns or
levels that result in substantial safety risks.
XV(d). No Impact. The amendment will not increase hazards due to a design feature or
incompatible uses, as the project does not include new construction of streets.
XV(e). No Impact. The amendment will not result in inadequate emergency access.
XV(f). No Impact. The proposed amendment will not have an impact on existing parking facilities
or create a need for new parking.
XV(g). No Impact. The proposed amendment will not conflict with adopted policies, plans or
programs supporting alternative transportation.
Less Than
XVI
UTILITIES AND SERVICE
Potentially
Significant
Less Than
XV
TRANS PORTATI0N/TRAFFIC
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
❑
a) Cause an increase in traffic, which is substantial in relation
to the existing traffic load and capacity of the street system
b) Require or result in the construction of new water or
(i.e., result in a substantial increase in either the number of
®
®
❑
vehicle trips, the volume to capacity ratio on roads, or
facilities, the construction of which could cause significant
congestion at intersections)?
environmental effects?
b) Exceed, either individually or cumulatively, a level of
C) Require or result in the construction of new storm water
service standard established by the county congestion
®
❑
❑
management agency for designated roads or highways?
construction of which could cause significant environmental
C) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
❑
in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
❑
incom atible uses e.., farm equipment)?
❑
®
❑
❑
®
■
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
Explanation of Checklist Judgements:
XV(a). No Impact. The proposed amendment will not cause an increase in traffic to the existing
traffic Inarl and Capacity of the Street system.
XV(b). No impact. The amendment will not exceed a level of service standard established by the
County Congestion Management Agency for designated roads or highways.
XV(c). No Impact. The amendment will not result in a change or increase in air traffic patterns or
levels that result in substantial safety risks.
XV(d). No Impact. The amendment will not increase hazards due to a design feature or
incompatible uses, as the project does not include new construction of streets.
XV(e). No Impact. The amendment will not result in inadequate emergency access.
XV(f). No Impact. The proposed amendment will not have an impact on existing parking facilities
or create a need for new parking.
XV(g). No Impact. The proposed amendment will not conflict with adopted policies, plans or
programs supporting alternative transportation.
Less Than
XVI
UTILITIES AND SERVICE
Potentially
Significant
Less Than
SYSTEMS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
❑
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
C) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
Explanation of Checklist Judgements:
XVI(a). No Impact. The proposed amendment will not exceed wastewater treatment requirements
of the Regional Water Quality Control Board.
XVI(b). No Impact. The proposed amendment will not require the construction of new water or
wastewater treatment facilities or the expansion of existing facilities.
XVI(c). No Impact. The project site is not within a flood zone area. The proposed amendment will
not result in the need to construct new storm water drainage facilities or to expand existing
facilities.
XVI(d). No Impact. The proiect,r.ill not affect existing water supplies provided to the City.
XVI(e). No Impact. The proposed amendment does not involve a project that will result in a
determination by the watershed treatment provider that it has adequate capacity to serve a
demand.
XVI(f). No Impact. Waste Management, the City waste hauler utilizes the Puente Hills landfill which
has enough permitted capacity to accommodate the proposed project's waste disposal
needs.
XVI(g). No Impact. The proposed project will comply with all federal, state and local statutes relating
to solid waste.
Less Than
XVI
UTILITIES AND SERVICE
Potentially
Significant
Less Than
SYSTEMS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
d)
Have sufficient water supplies available to serve the project
a) Does the project have the potential to degrade the quality of
from existing entitlements and resources, or are new or
❑
❑
expanded entitlements needed?
e) Result in a determination by the wastewater treatment
below self- sustaining levels, threaten to eliminate a plant or
provider which serves or may serve the project that it has
❑
animal community, reduce the number or restrict the range
adequate capacity to serve the project's projected demand
of a rare or endangered plant or animal or eliminate
in addition to the provider's existing commitments?
❑
❑
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
history or prehistory?
g) Comply with federal, state, and local statutes and
regulations related to
solid waste?
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ( "Cumulatively
Explanation of Checklist Judgements:
XVI(a). No Impact. The proposed amendment will not exceed wastewater treatment requirements
of the Regional Water Quality Control Board.
XVI(b). No Impact. The proposed amendment will not require the construction of new water or
wastewater treatment facilities or the expansion of existing facilities.
XVI(c). No Impact. The project site is not within a flood zone area. The proposed amendment will
not result in the need to construct new storm water drainage facilities or to expand existing
facilities.
XVI(d). No Impact. The proiect,r.ill not affect existing water supplies provided to the City.
XVI(e). No Impact. The proposed amendment does not involve a project that will result in a
determination by the watershed treatment provider that it has adequate capacity to serve a
demand.
XVI(f). No Impact. Waste Management, the City waste hauler utilizes the Puente Hills landfill which
has enough permitted capacity to accommodate the proposed project's waste disposal
needs.
XVI(g). No Impact. The proposed project will comply with all federal, state and local statutes relating
to solid waste.
Less Than
XVII
MANDATORY FINDINGS OF
Potentially
Significant
Less Than
SIGNIFICANCE
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Does the project:
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ( "Cumulatively
considerable" means that the incremental effects of a
❑
®
❑
project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
C) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Explanation of Checklist Judgements:
XVII(a). No Impact. The proposed amendment does not have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of major periods of California history or
prehistory.
XVII(b). No Impact. The project does not have impacts that are individually limited but
cumulatively considerable. A majority of the environmental factors analyzed within this
initial study will not have an impact by the proposed amendment to the General Plan.
XVII(c). No Impact. The project does not create environmental effects, which will cause
substantial adverse effects on human beings, either directly or indirectly.
I.aa.. .
CnY OF BALDVWN PARK
PLANNING DIVISION
14403 E. PACiFIG AVE
r BALDININ PARK, CA 917D6
SAI�M {szsg $13 -s261
P A fi -K
TYPE OF APPLIC41fM
X Gmsral Flan A nendrnent _Zone Variance
—Zone Citarcge _ Conditional Use Permit
_-•__ Code Amendment � Adtninist aWe Adjustment
_ Development Plan Specuic plan
— CRA Conceptual Approval X Offler Neq Declaration
APPUCAt1170N INMR MAT OK •
Narrgofappkcangs) Mark Sellers of Jackson /DeMarco/Tidus /Peckenpaugh for Owner
Addr= 2815 Townsg ate Road Suite 200 Westlake Village CA 91361
Phone No, 805.418.1914 qty Owner's Leqal Representative
ovmj(s) of pecorid Demesne Development Company
Qwnet'sAddpXz 8442 Alondra Blvd. Paramount CA 90723
—r3 13402 Ramocaa Blvd., .5 acre parcel vacant w/o eratin multi-antenna "*
As xpaec,oNunjber(s) 8552- 005 -022 *"mono pole cell site SE corner Ramona Blvd. &f=oster
`Tra�tand L(3t Nuntg?.r(s) A portion of Lot 22 of Tract'718
E)dWrq jplan Deqjgnaaw Garden multi-family residential
e3dafi tg Ztkfit g for each parcei C -2 (General Commercial)
EsdSUV Land Use Commercial cell antenna sites and former service station
Code 5ecfion to be ate` General Plan Amendment to "General Commercial" designation
pUgx se j3f raquest SEE ATTACHED
Mute acknowledge the filing of this applic � and certify that all His.above information is tTUD and Swumte
and th2t Vwe have is g4dized mysaWouwAAves vaM the TeWailt PfOvk -ion crf ttae Beticlvgn Park P"lunn
DWIsion (Notes: a rM as age of the owner of moord m zt cMPIP-te and h3v9 nO afted ttm
a� s�FdF
Sign tore Date
Signature
'FOR CFrr USE ONLY;
gyp- 13 - !k7Va 60
File Soda_: Fee:
F� /F'fani�irt�/Fnttnr/i.anr3:��r�
Pl
Date
��
Date:
- N 1
JL;N 0 2, 201 08
P OO j € �,;
Statement of Purpose And Justification For A General Plan
Amendment To The Property at 13402 Ramona Blvd,
Southeast Corner Ramona Boulevard and Foster
From a practical, an economic and a land use /planning point of view, a
General Plan Land Use Element Map amendment is necessary and appropriate
for this .5 acre vacant parcel at 13402 Ramona Boulevard, on the SE corner
Ramona Boulevard and Foster in the City ( "Site "). The Site, along with portions
of the adjoining properties to the south, east and north, were and are presently in
commercial uses and have the commercial C -2 zoning (General Commercial).
Since the 1970's, this property has been zoned as C-2 and for many years
was improved for a commercial use as a Shell service station. Just a few years
ago in 2001, a wireless communication facility was approved by the City for the
Site. That camouflaged multi- branch decorative mono -pine cell tower was
approved with a design and an ultimate use of three (3) separate antenna array
positions for the full antenna capacity' and is consistent with the City's design
standards.2 This wireless communication facility was then installed and is
presently operating on a very small portion of the Site at the southern end. That
use and the tower are now subject to a multi -year lease commitment. With the
community's cell phone use growing, this is a needed facility to adequately
provide community cell phone coverage or capacity, a community benefit. The
mono -pine cell tower use has vested and it will remain indefinitely. From a
planning point of view, having other commercial uses on the Site with the multi -
antenna mono -pine tower facility is a more compatible arrangement than having
the mono -pine tower facility share the Site with a multi - family residential project.
In November 2002, as a minor part of a City -wide comprehensive General
Plan revision, the City re- designated this .5 acre parcel, along with a couple of
The existing mono -pine cell tower is a City preferred "co- location" antenna facility
under BPMC §153.112 (D),(1),(d). The ,3 separate antennae array locations are 10 feet
apart, with only one antenna array now leased and in operation, but with contemplated
additional leases for the other two arrays. This co- location facility reduces the demand
and need for a proliferation of scattered antenna locations throughout that neighborhood,
thus a City preferred type of antenna facility.
2 Pursuant to BPMC §153.112, D, (2) [Visual impacts.], the mono -pine towers is
"designed to be as visually unobstructed ", "not be of a bright, shiny or glare reflective
finish. The facility shall be finished in a color to neutralize it ", and of an "irinovafive
design to minimize visual impact."
JUN
Statement of Purpose ` r Gar ,
13402 Ramona Blvd, SE Corner Ramona Boulevard and Foster
Pagel of 3
790526.3
adjoining parcels, from the "General Commercial" designation to the "Garden
Multi- Family Residential" designation. We feel that change was not warranted
nor will it meet any primary goal of that City -wide General Plan revision. The Site
is still bordered on two (2) sides by existing and active commercial retail uses
and across Foster is a shopping center. Those present adjoining commercial
uses and the contemplated new convenience food store on the Site, provide and
will improve opportunities for nearby residents to acquire their regularly needed
convenience goods and services reducing the need to travel by vehicle and
reducing greenhouse gas emissions. The Site's location on a busy corner and
being such a small size, does not lead to any attractive design or advantage for a
residential use. A multi - family residential project is not the best use of this
property.
Based on the reality that the present adjoining commercial uses will not
soon change, that the Site is not suited for a multi- family project or any other
residential use, and that the Site will likely remain vacant (a blighting influence)
under the "Garden Multi - family Residential" designation, a change back to the
"General Commercial" designation is appropriate. We have been informed and
believe that the City Council and staff feel that the prior General Plan amendment
needs to be reconsidered and changed back to the "General Commercial"
designation.
This amendment would further various General Plan goals and objectives
such as the Land Use Element's Goal 6 to "upgrade existing neighborhood-
serving commercial uses." This General Plan amendment will allow, and thus
encourage, the redevelopment, upgrading and beautification of this unsightly
vacant Site with a new commercial project that is compatible with the
neighborhood. We understand the City is predominantly a residential bedroom
community and there is a greater emphasis on promoting new commercial uses,
thus, this amendment would further the General Plan Land Use Element's Goal 1
to "maintain a balanced mix and distribution of land uses." This amendment
would allow an increase in the real property tax increment to the Redevelopment
Agency and City sales tax revenues.
The owner contemplates the development of a new 7- Eleven type of
convenience food store on the Site. Under BPMC §153.121(4) a "convenience
food store" containing not more than 5;000 gross square feet of building area is a
permitted use in the C -1 zone and in the present C -2 zone under BPMC
§153.166(A),(1). However, due to City Ordinance No. 1294, a General Plan
Amendment is first required before any commercial project application can be
approved. If there is a City goal of establishing "neighborhood commercial
nodes" and the City desires to limit the scope of commercial businesses or uses
on this Site, the owner will agree to deed restrict the Site to basically limit those
uses to what is allowed in the C -1 zone. However, no zone change to C 1�`is
needed or requested.
Statement of Purpose
13402 Ramona Blvd, SE Corner Ramona Boulevard and Foster
Page 2 of 3
JUN 0 t; Z
790526.3
Under the amended BPMC §153.112(C)(1), prior to the installation of a
new wireless communication facility on private property, a CUP is now
necessary. However, there will be no "installation" of a new wireless
communication facility, no "alteration" of its design and no "expansion" of the
existing approved mono -pine cell tower as part of the contemplated development
of a convenience food store. A mono -pine cell tower is a legal conforming "use"
for a C -2 site. The present mono -pine cell tower (located closer to the adjoining
residences) will be moved further away from those homes, a benefit. This minor
relocation is also a visual improvement as the new location will allow the tower to
blend in with a grove of existing pine trees. When the design of the present
camouflaged multi- branch decorative mono -pine cell tower is evaluated, we are
unaware of any physical aspect in non - conformity with a specific City design
standard under BPMC §153.112 (D),(1 ),(b). We should not confuse non-
conformity to an objective design standard with a enacting a new procedural
process like a CUP. The City should be aware the requiring of a discretionary
CUP for this vested wireless communication use and facility could prevent any
improvement of the Site. As the tower meets the objective City design
requirements, that CUP is only an administrative paper step, with no legitimate
City or public designs goal being advanced by that process. in fact, such a CUP
obstacle may prevent any realization of the City's important redevelopment goals
for this Site. This needless, uncertain and discretionary CUP hindrance could
prevent an investment in or the beneficial use of the much larger remainder of
the Site by the land owner, thus, creating severe economic hardships on the
owner. An additional administrative CUP requirement is also inconsistent with
the Telecommunications Act of 1996.3
The present C -2 zoning should remain. We feel a minor relocation of the
already City approved mono -pine cell tower to a better location a short distance
away on the same small parcel is not the "installation" of a new facility. It is a
logical and allowed improvement to a legal conforming use on the Site without
the need for a CUP.
3 The federal Telecommunications Act of 1996 is intended to create a national
policy framework to promote, encourage and accelerate the local approval and the
deployment of new telecommunications antenna facilities and technology throughout the
country. 47 U.S.C. §332.
4 BPMC 153.008 states that all zone approvals pprovals or use permits issued by the city
shall be deemed to remain in full force and effect and no use authorized by such
previously granted zoning device shall be deemed to be nonconforming, for any
purpose.
Statement of Purpose J U N (� '21, 00
13402 Ramona Blvd, SE Corner Ramona Boulevard and Foster
Page 3 of 3
'1n5 .3.,
r
"- r • 11 1
RESOLUTION NO. 2008 -055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING AND ADOPTING THE
NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR THE AMENDMENT TO THE CITY'S
GENERAL PLAN LAND USE ELEMENT TO
REDESIGNATE THE PROPERTY LOCATED AT 13402
RAMONA BOULEVARD FROM GARDEN MULTI - FAMILY
RESIDENTIAL TO GENERAL COMMERCIAL (CASE NO.
AGP -113; LOCATION: 13402 RAMONA BLVD.;
APPLICANT: DEMESNE DEVELOPMENT COMPANY.
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) An application ( "Application ") for a General Plan Amendment
was submitted on behalf of the owner of certain real property, located at
13402 Ramona Boulevard in the City of Baldwin Park, described more
particularly in the Application on file with the City Planner; and
b) The Application sought to allow the approval of a General
Plan Amendment, which would allow for the land use designation to be
redesignated from Garden Multi - Family to General Commercial; and
c) A duly noticed public hearing was held on said matter by the
Planning Commission, and based upon evidence presented including
applicable staff reports and each member of the Commission being
familiar with the property, the Planning Commission determined the facts
as required by the Baldwin Park Municipal Code for the granting of such
Application are present and recommended approval of the Negative
Declaration of Environmental Impact for the project.
SECTION 2. The City Council reviewed and considered the Negative
Declaration of Environmental Impact and determined the proposed General Plan
Amendment will not have a significant impact on the environment. The City Council
therefore approves and issues the Negative Declaration of Environmental Impact for
Case AGP -113.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution
and forward a copy hereof to the Secretary of the Planning Commission.
PASSED AND APPROVED this 3d day of September, 2008.
MANUEL LOZANO, MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELE S SS.
CITY OF BALDWIN PARK T
1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Resolution No. 2008-055 was duly and regularly approved
and adopted by the (-it\/ Council nf thp Citxl nf Baldwin Park at a regular meeting
— -..- —j -1 --
thereof, held on the 3 J day of September, 2008 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
LAURA M. NIETO
DEPUTY CITY CLERK
=0
RESOLUTION NO. 2008-057
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK APPROVING AN
AMENDMENT TO THE CITY'S GENERAL PLAN
LAND USE ELEMENT TO REDESIGNATE THE
PROPERTY LOCATED AT 13402 RAMONA
BOULEVARD FROM GARDEN MULTI-FAMILY
RESIDENTIAL TO GENERAL COMMERCIAL
(CASE NO. AGP-1 13; LOCATION: 13402
RAMONA BLVD.; APPLICANT: DEMESNE
DEVELOPMENT COMPANY)"
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) The owner of certain real property filed an application for a
General Plan amendment for the property located at 13402 Ramona
Boulevard, described more particularly in the said application which is on
file in the office of the Secretary of the Planning Commission of the City
(the "Property"); and
b) A duly noticed public hearing was held upon said matter by
the Planning Commission, and based upon the evidence presented, it
determined the public necessity, convenience, and general welfare
warranted that General Plan amendment and recommended approval of
the General Plan amendment; and
c) The City Council conducted a duly noticed public hearing
on said matter and based upon the evidence presented and each
member of the Council being familiar with the site, it determined that the
public interest, necessity, convenience and general welfare warrant the
approval of the General Plan amendment.
d) Each fact set forth in the staff report presented to the City
Council on September 3, 2008, is true and correct and accepted as a
fact by the City Council.
SECTION 2. The General Plan Land Use designation of the Property is hereby
amended to be redesignated from Garden Multi-Family Residential to General
Commercial.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution No.
and shall forward a copy of the same to the Secretary of the Planning Commission.
PASSED AND APPROVED on the 3'd day of September, 2008
MANUELLOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
Resolution 2008-057
Page 2
1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify
that the foregoing Resolution No. 2008-057 was adopted by the Citv Council at its
regular meeting held on September 3, 2008, by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO
DEPUTY CITY CLERK
0
BALD IN
P - A . R - K
TO:
FROM:
DATE:
SUBJECT:
CITY OF BALDWIN PARK
SEP - 3 20
PUBLIC HEARING
Honorable Mayor and Members of the City Council
Marc Castagnola, Community Development Mana
Edwin "William" Galvez, Public Works Director
September 3, 2008
A request for consideration of a modification to a previously
approved Development Plan and Tentative Tract Map to
eliminate conditions of approval relating to providing a
Homeowners Association (HOA) and Covenants, Conditions
and Restrictions (CC &R's) as a requirement for the
development of a 16 -unit single - family residential planned
development. A related request is for acceptance of a street
dedication by the City of a substandard private cul -de -sac
street for public purpose; (Case No.: DR -32 and TM- 61345;
Location: 3940 -3948 Walnut Street; Applicant: D.C.
Corporation.)
This report requests City Council consideration of a request to eliminate the
requirement of a HOA with CC &R's for an existing 16 -unit residential planned
development and acceptance of a street dedication by the City of a substandard private
cul -de -sac street to a public street. This report also requests City Council consideration
of the associated Negative Declaration.
Planning Commission Meeting
At the August 13, 2008 Planning Commission meeting, at the request of the Chair, the
Commission recommended to continue the item to the next available Planning
Commission Meeting to allow staff to provide additional information. However, upon the
applicant's request, the Commission passed a motion (4 -0) to forward the subject
applications to the City Council without a recommendation.
SUBJECT PROPERTY AND SURROUNDING LAND USES
The General Plan Land Use Designation of the subject property is Single - Family
Residential and the property is consistently zoned R-1 (PD), Single - Family Residential
Planned Development. The site is located within an established single - family
DR -32 & TM -61345 modification
September 3, 2008
Paae 2
residential neighborhood and is accessed from Elwyn Drive via Merced Avenue.
The adjacent zoning and land uses are listed in the table below.
Table 1
Adiacent Zoning & Land Use
Adjacent Property
Location
Zoning
Property Use
North
R -1
Single-Family Residence
South
R -1
Single-Family Residence
East
R -1
Single-Family Residences
West
R -1
Single-Family Residences
CEQA/NOTICING
A Notice of Public Hearing was mailed to all property owners within a 300 -foot radius of
the subject properties and posted at City Hall, the Community Center and at the subject
property on August 21, 2008.
The Planning Division has completed an environmental analysis, and has determined
the project will not have a significant :Impact upon ti ie environment. Pursuant to that
determination, a Draft Negative Declaration of Environmental Impact has been
prepared pending approval by the City Council.
F-MIT61XVIROWIM
This project was previously considered by the Planning Commission on July 27, 2005,
and ultimately approved by the City Council on September 7, 2005, as a Planned Unit
Development (PUD), which involved an extension of Kenmore Avenue and a new,
private cul -de -sac street. During the initial review of the original project, it was
determined the application could not be recommended for approval based on the
proposed street widths. During the entitlement process, the Los Angeles County Fire
Department recommended denial of the project because the new cul -de -sac did not
meet the minimum street width and radius. The minimum street width required was 34'
with a 32' radius. The proposed dimensions were 26' width and a 30' radius. The
City's Engineering Division had indicated if the project was approved with a private
street component, the City would not perform any maintenance services, including, but
not limited to, future asphalt repairs, curb and gutter and sidewalk repairs, drainage
culvert maintenance, and regular street sweeping. Consequently, the applicant
specified the project would provide CC &R's (recorded against the property) indicating
the HOA would be responsible for all future liability and repairs and maintenance of the
private cul -de -sac street.
The advantages of having an HOA with CC &R's for this project is beneficial to the
property owners in that it provides and builds over time a reserve fund for on -going
maintenance and future reconstruction of the street (i.e. asphalt repairs and curb /gutter
DR -32 & TM -61345 modification
September 3, 2008
Page 3
and sidewalk repairs). It also provides for continual street sweeping, culvert (storm
drain) maintenance and landscaping services.
If standard Public Works conditions for street widths and turning radius had been
incorporated into the design and the project had been constructed to meet those
standards, then a reduced number of units would have resulted. Moreover, when the
project was presented to the City Council, a policy decision was made accepting less
than the minimum required street width for the public street portion of Kenmore Avenue.
The project, as previously approved, did not comply with the following typical standards
as part of the incentives given by the City for a density bonus subject to the developer
committing 2 units of the project for affordable housing:
- Minimum 34' street width and 32' radius for a cul -de -sac pursuant to the
Los Angeles County Fire Department Standards; and the standards of the
City's Engineering Division. (The street was built with a 26' width and a 30'
radius.)
- Minimum 40' street width pursuant to Los Angeles County Fire Department
standards, City standards nor section 1805 of the Streets and Highways
Code. (The street was built with a 26' width and a 30' radius.)
- Roadway condition does not meet minimum right -of -way standards as
rgirerrl b the r if'c Puhlv \A /nr nnnarfinenf (nn sidewalk and handicap
y y s
accessibility ramps were constructed.)
Also, the developer received the following additional concessions under the planned
development envelope, again for the commitment to provide affordable housing:
- Smaller lot sizes (reduced from the minimum 5000 sq.ft. requirement to a
minimum 3,502 sq.ft.)
- Reduced lot widths (reduced from the minimum 50' width requirement to a
minimum 40' width)
- Reduced rear private open spaces (from minimum an 800 sq.ft.
requirement to a minimum of 793 sq.ft.)
- Elimination of required guest parking spaces (from 1.5 spaces required per
unit to none.)
- Less than the required street width for the extension of the public street
portion of Kenmore Ave. (reduced from 40' to 33')
* It should be noted the applicant was able to achieve a higher density (16 units)
than the maximum allowed 13 units because the City dedicated a portion of City -
owned right -of -way from Kenmore Avenue, resulting in a 32' wide street for
Kenmore Avenue instead of a 40' wide minimum standard. That policy decision
required the City Council approve a street less than 40' in width by a 4/5 vote,
pursuant to Streets and Highways Code Section 1805.
DR -32 & TM -61345 modification
September 3, 2008
Page 4
As a result of a density bonus request (requiring a conditional use permit), the City
received two (2) low- income dwelling units, which have been approved and have since
been sold and occupied.
DISCUSSION
HOA/CC &R's
Pursuant to Article XXIX of the CC &R's, the Association is required to pay for the
maintenance and repair of the private cul -de -sac street. It also states the City shall
not be required to, and will not, perform any maintenance services, including, but not
limited to, future asphalt repairs, curb and gutter and sidewalk repairs and street
sweeping of the private cul -de -sac street of the project.
Pursuant to Civil Code section 1363 (see also section 1351), when a separate
property interest is coupled with an interest in a common area, the common area
must be managed by an association. Because the subject development includes
the private cul -de -sac (i.e common area), the request necessarily requires the
private cul-de -sac be dedicated to the City or must otherwise eliminate the cul -de-
sac as a common area. As such, the applicant is offering to dedicate the currently
private sub - standard cul -de -sac street within the development to the City for use and
maintenance as a public street.
Currently the owners of all 16 units within the development maintain the HOA and
the owners of those units (only 3 of which have been sold to date by the developer)
pay for its financial obligations, including the street maintenance and repair. If the
HOA were eliminated after a legal method for co- ownership of the cul -de -sac were
devised, then the cost of the street maintenance would sti!l be bourn by the property
owners, including the two (2) low- income units which are currently occupied.
However, with the HOA or some other single entity responsible for maintenance and
repair of the cul -de -sac, it is very possible future maintenance needs of the street
will not be met, which could affect the use of the street by trash trucks, street
sweepers and public safety vehicles.
Based on all aforementioned issues, staff could consider eliminating the
HOA/CC &R's with the cul -de -sac remaining a private street only if certain conditions
are met.
- A signed recorded agreement submitted to the City by the property owners
stating the owners will be responsible, financially and otherwise, for any future
maintenance and repairs of the cul -de -sac and storm water culvert and liability
resulting from those improvements. In addition to other legal remedies
available to the City (e.g. filing suit to compel compliance with the agreement),
the agreement should provide in the event the property owners fail to maintain
the cul -de -sac, the City could make all necessary repairs and all costs shall be
placed as a lien against the properties.
DR-32 & TM-61345 modification
September 3, 2008
Paqe 5
- A disclosure to future owners, at the time of purchase, indicating they are
buying into a private street and future liability and costs may be incurred.
- The above agreement shall be prepared by the developer to the satisfaction of
the City Attorney. The developer shall pay all city attorneys fees associated
with that document.
Staff is concerned about the additional cost that would be shifted to the existing
property owners (within the development). As a result, staff contacted 2 of the 3
existing property owners and asked if they were aware of the developer's request.
The two owners confirmed they had received notification but were unaware of any
details associated with the request or the City's position.
0 104:3 8 9 1 1 0 M:MPRM"T *M
If the street were accepted as a public street, then the City's Public Works
Department would be required to assume responsibility and cost of maintaining
4,960 sq. ft. of a substandard (width & radius) cul-de-sac street, which at a minimum
would involve expanding street sweeping service and general street and drainage
(culvert) maintenance. In addition, the City would have to provide the following
improvements to attain minimum street standards:
- Process the dedication of land from the private residences front yard areas to
provide for a public sidewalk;
- Construct a minimum 5' wide sidewalk within the cul-de-sac (approximately
$19,250 — one time cost);
- Construct a minimum of two (2) handicap accessible ramps (approximately
$4,000 — one time cost);
- Assume yearly maintenance and general repair of the street (approximately
$477 annual cost);
- Assume yearly maintenance of the drainage culvert (approximately $420
annual cost); and,
- Assume construction costs to reconstruct the street every 20 years
(approximately $25,775 — one time cost).
It should also be noted that the construction of the missing sidewalk will result in the
reduction of front yard setbacks and create a legal non-conforming situation for all
the residences fronting the cul-de-sac but would still not resolve the substandard
street width and radius.
In addition, there exists a storm drain culvert located within two (2) private properties
running between the end of the cul-de-sac to Walnut Street. Public Works crews
would still not be able to be access the drainage culvert for continual maintenance
because there is no easement in place.
DR -32 & TM -61345 modification
September 3, 2008
Page 6
STREET DEDICATION — Los Angeles County Fire Department
Furthermore, as indicated previously, the Los Angeles County Fire Department has
not approved and will not approve such right -of -way due to its substandard width
and radius. However, when it came time for the Fire Department to issue final
certificates of occupancies (CofO) for the units, the Fire Department issued the
approvals with the understanding the substandard cul -de -sac was approved by the
City Council as a private street. In an effort to improve access, the Fire Dept.
requested the entire cul -de -sac be red curbed and "NO PARKING" signage be
installed.
POTENTIAL LIABILITY
If the City were to accept the dedication of the cul -de -sac as a public street, then the
City would not only take on the liability for repair and maintenance of the street and
drainage culvert, it would also likely be responsible for injuries and damages that may
result from the substandard nature of the street.
This report has been reviewed and approved by the City Attorney's Office as to legal
form and content.
RECOMMENDATION
Staff recommends denial of the developer's request to eliminate the requirement of a
HOA with CC &R's for the existing residential planned development and acceptance of a
street dedication by the City of a private cul -de -sac street to a public street. Option #1
below sets out the proposed Council action for that Option. However, staff has also
provided the Council with a second option below which would approve the elimination of
the HOA if certain conditions apply but would still deny the dedication of the private
street.
Option #1 — Deny the request (deny elimination of the HOA and deny the street
dedication). See Resolution #1 as follows:
1) Adopt Resolution 2008- 059(A) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN AMENDMENT TO
THE DEVELOPMENT PLAN AND TENTATIVE TRACT MAP AND THE
REQUEST FOR CITY ACCEPTANCE OF A SUBSTANDARD CUL -DE -SAC
STREET (CASE NO. DR -32, TM- 61345; LOCATION: 3940 -3948 WALNUT
STREET; APPLICANT: D.C. CORPORATION) ";
IOU
DR -32 & TM -61345 modification
September 3, 2008
Paae 7
Option #2 – Approve the elimination of the HOA with certain conditions listed above
and deny the street dedication. See Resolution #2 as follows:
2) Adopt Resolution 2008- 059(B) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, CONDITIONALLY
APPROVING AN AMENDMENT TO THE DEVELOPMENT PLAN AND
TENTATIVE TRACT MAP ELIMINATING THE HOA/CC &R's AND DENYING
ACCEPTANCE OF A SUBSTANDARD CUL -DE -SAC STREET; (CASE NO. DR-
321 TM- 61345; LOCATION: 3940 -3948 WALNUT STREET; APPLICANT: D.C.
CORPORATION)"
The resolution in option #2 includes the following findings of fact with conditions
of approval:
FINDINGS OF FACT — TENTATIVE TRACT MAP
1. That the site for the proposed project is physically suitable as the topography
of the site is essentially flat and is developed with sixteen (16) single - family
detached residential dwelling units at a density allowed by the City's Zoning
Code pursuant to the previously approved Development Plan, Density Bonus
and a Planned Development overlay for the entire site; and
2. 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 (16)
unit single - family detached residential dwelling development, which is
compatible with the surrounding single - family (R -1) zoning designations; and
3. The project, including the proposed amendment eliminating the HOA/CC &R's
and request that City to accept a sub - standard cul -de -sac street, will not be in
conformance with the Circulation Element of the General Plan. Policy 1.9
states the city should "ensure cul -de -sac streets meet emergency access
requirements and are designed to provide adequate circulation. Circulation
issues for consideration should include: street width, length of cul -de -sac,
provision of sidewalks, availability of parking etc." However, the General
Plan provides an exception at Policy 1.3 as follows: "Provide for smaller lot
single - family subdivision and infill through continued application of RS -5000
zone district in existing single - family neighborhoods predominated by smaller
lot sizes. Allow for reductions in the City's residential street width
requirements in small lot subdivision developments." While the RS -5000 zone
district has not yet been created, the project is located in a smaller lot single -
family subdivision, which was constructed in an area of town where the all
adjacent properties are predominated by smaller lot sizes (i.e. the Baldwin
Park Zoning Code requires that the minimum lot sizes be 5,000 square feet).
As such, the project is consistent with the zone district referenced, fulfils the
standards set out in this exception and is therefore in conformance with the
General Plan.
DR-32 & TM-61345 modification
September 3, 2008
Paae 8
4. That development of the project site in accordance with the Tentative Tract
Map will not affect future passive or natural heating or cooling opportunities
for the area as the natural topography of the site is flat and the current
development of sixteen (16) 2-story dwelling units will, therefore, not affect
said opportunities; and
5. That the proposed Tentative Map is in an area serviced by Valley County
Water District and the District has indicated that the proposal will not violate
any water quality standards for the Water District.
ATTACHMENTS:
#1 - Vicinity Map
#2 - Tract Map showing proposed street dedication
#3 - Environmental Data — Draft Negative Declaration and Initial Study
#4 - Application Form and Statements
#5 - Resolution 2008-059(A)
#6 - Resolution 2008-059(B)
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N
CASE NO.: DR-32 and TM-61345 Modification
ADDRESS: 3940-3948 Walnut Street
DATE: September 3, 2008
Not to
Scale
QUUMUMMM�
lk
1. Project Title:
2. Lead Agency Name and Address:
3. Contact Person and Phone Number:
4. Project Location:
5. Assessor's Parcel Number:
7. General Plan Designation:
A request for approval of a modification to a
previously approved Development Plan and
Tentative Tract Map to eliminate a condition of
approval which requires a Homeowners
Association (HOA) and Covenants, Conditions
and Restrictions (CC &R's) for the development
of a 16 -unit single - family residential planned
development. A related request is for City
acceptance (as a street dedication) of a private
cul -de -sac street for public purpose.
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Salvador Lopez Jr., Associate Planner
(626) 813 -5261
3940 -3948 Walnut St.
8546- 004 -132, 133, 134, 135, 136, 137, 138,
139, 140, 141, 142, 143, 144, 145 & 146
D.C. Corporation
2149 E. Garvey Ave.
West Covina, CA 91791
Single - Family Residential
R- 1(PD), Single - Family Residential Planned
Development
9. Surrounding Land Uses Incorporated in 1956, the City of Baldwin Park is located
and Settings: approximately 17 miles east of downtown Los Angeles. The
intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel
River) freeways lies near the southwest corner of this 6.8 square
mile City. Although Baldwin Park is predominantly a residential
bedroom community, recent efforts have placed a greater
emphasis on promoting commercial and industrial land uses.
However, the City is near "build- out ", focusing efforts on the
redevelopment of land, especially within close proximity to the
freeway.
According to the 2000 Census, Baldwin Park has approximately
75,900 persons. This is more than double the population in 1960.
Baldwin Park is predominantly a Hispanic working class
community, although between the 1990 and 2000 Census has
experienced a recent increase in its Asian population. Furthermore,
the City has a considerably larger than average household size
than the County average, suggesting increased pressure on the
City's housing stock and the provision of services.
City �! oBaldwin Park
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CASE NO.: DR -32 and TM -61345 Modification
ADDRESS: 3940 -3948 Walnut Street
DATE: September 3, 2008 Not to
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CASE NO.: DR -32 and TM -61345 Modification
ADDRESS: 3940 -3948 Walnut Street
DATE: September 3, 2008 Not to
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Land Uses N
CASE NO.: DR -32 and TM -61345 Modification
ADDRESS: 3940 -3948 Walnut Street
DATE: September 3, 2008 Not to
Scale
City of Baldwin Park
10. Description of Project:
Introduction, Purpose and Need for the Project:
The purpose of this request is to eliminate the HOA/CC &R's on a previously approved and
completed 16 -unit single- family residential planned development. The developer believes
that other housing developments, they have built, without the HOAICC &R have a higher
occupancy rate than developments, they have built, with an HOAssociation. The applicant
believes that the Association fees are negatively affecting the ability of a prospective buyer
to qualify for a loan; thus, creating a challenge in financing approval and home sales.
Pursuant to Civil Code section 1363 (see also section 1351) when a separate property
interest is coupled with an interest in a common area, the common area must be managed
by an association. The subject development currently includes a private cul -de -sac that is to
be repaired and maintained by the HOA. Accordingly, the request necessarily requires that
the private cul -de -sac be dedicated to the City or must otherwise eliminate the cul -de -sac as
a common area. As such, the applicant is offering to dedicate the currently private sub-
standard cul -de -sac street to the City for use and maintenance as a public street.
Project Characteristics:
A request for approval of a modification to a previously approved Development Plan (DR -32)
and Tentative Tract Map (TM- 61345) to eliminate conditions of approval relating to providing a
Home Owners Association and Covenants, Conditions and Restrictions (CC &R's) as a
requirement for the development of a 16 -unit single- family residential planned development,
Within the R -1 Singla_Family Residential Zone, pursuant to Sectior is i 53.275 and 152.07 of the
City's Municipal Code. A related request is for acceptance of a street dedication by the City of a
private cul -de -sac street for public purpose.
11. Other public agencies whose approval is required (e.g., permits, financing approval,
or participation agreement)
No additional public approvals beyond the Planning Commission and City Council will be required
for this project.
12. References
The following are also referenced where appropriate in the Environmental Checklist Form:
a. General Plan
b. Municipal Code
C. Zoning Code
d. Emergency Operations Coordinator
e. Geological Map — Liquefaction Zones
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers, except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project- specific factor as well as general standards (e.g.,
the project will not expose sensitive receptors to pollutants, based on a project- specific
screening analysis.)
2) All answers must take account of the whole action involved, including offsite as well as
onsite, cumulative as well as project - level, indirect as well as direct, and construction as well
as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less
Than Significant Impact." The lead agency must describe the mitigation measures, and
briefly explain how they reduce the effect to a less than significant level (mitigation
measures from Section XVII, "Earlier Analyses," may be cross - referenced).
5) Earlier analyses may be used where, pursuant to tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable
legal standards, and state whether such effects were addressed by mitigation
measures based on the earlier analysis.
C) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures, which were incorporated
or refined from the earlier document and the extent to which they address site -
specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however,
lead agencies should normally address the questions from this checklist that are relevant to
a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than
significance.
ENVIRONMENTAL CHECKLIST:
Explanation of Checklist Judgements:
I(a). No Impact. The project will not have an adverse affect on a scenic vista or result in
the obstruction of any scenic views.
I(b). No Impact. This project will not result in the damage or destruction of scenic
resources or historical buildings.
I(c). No Impact. This project will not substantially degrade the existing visual character
and quality of the site and its surroundings.
I(d). No Impact. This project will not create any new source of substantial light or glare
which would adversely affect day or nighttime views in the residential zones.
Less Than
Less Than
11 AGRICULTURE RESOURCES
Potentially
Significant
AESTHETICS
Potentially
Significant
Less Than
Impact
Mitigation
Impact
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
significant environmental effects, lead agencies may refer to the
Incorporation
Would the project:
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a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
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within a state scenic highway?
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C) Substantially degrade the existing visual character or
a) Convert Prime Farmland, Unique Farmland, or Farmland of
quality of the site and its surroundings?
d) Create a new source of substantial light or glare
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which would adversely affect day or nighttime views in the
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area?
agricultural use?
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Explanation of Checklist Judgements:
I(a). No Impact. The project will not have an adverse affect on a scenic vista or result in
the obstruction of any scenic views.
I(b). No Impact. This project will not result in the damage or destruction of scenic
resources or historical buildings.
I(c). No Impact. This project will not substantially degrade the existing visual character
and quality of the site and its surroundings.
I(d). No Impact. This project will not create any new source of substantial light or glare
which would adversely affect day or nighttime views in the residential zones.
Explanation of Checklist Judgements:
II(a). No Impact. The project will not convert any type of farmland to a non - agricultural use.
II(b). No Impact. The project will not conflict with the zoning for agricultural use or a Williamson
Act contract.
II(c). No Impact. The project will not result in the conversion of farmland to non - agricultural uses.
Less Than
11 AGRICULTURE RESOURCES
Potentially
Significant
Significant
With
Less Than
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Dept, of Conservation as an
optional model to use in assessing impacts on agriculture and
farmland. Would the ro'ect:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
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Program of the California Resources Agency, to non-
agricultural use?
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b) Conflict with existing zoning for agricultural use, or a
Williamson
Act contract?
C) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
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Farmland, to non -a ricultural use?
Explanation of Checklist Judgements:
II(a). No Impact. The project will not convert any type of farmland to a non - agricultural use.
II(b). No Impact. The project will not conflict with the zoning for agricultural use or a Williamson
Act contract.
II(c). No Impact. The project will not result in the conversion of farmland to non - agricultural uses.
Explanation of Checklist Judgements:
III(a). No Impact. The project does not conflict with any applicable air quality plan. The City of
Baldwin Park is located within the South Coast Air Basin, which is a non - attainment area for
selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin Park are
a result of not only local emissions, but also of those throughout the region.
III(b)- No Impart The project will not result in a cumulati,,e net increase of pollutants for ..hick the
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region is in non - attainment.
III(c). No Impact. The project will not result in a cumulatively considerable net increase of any
criteria pollutant for which the region is in non - attainment. The Southern California
Association of Governments and the South Coast Air Quality Management District have
adopted a South Coast Air Quality Management Plan (SCAQMP). The proposed
amendment will not have a significant impact upon air quality.
III(d). No Impact. The project will not expose any nearby sensitive receptors to substantial
pollutant concentrations.
III(e). No Impact. The project will not create objectionable odors affecting a substantial number of
people.
Potentially
Less Than
Less Than
IV BIOLOGICAL RESOURCES
III
AIR QUALITY
Significant
Significant With
Significant
No Impact
Mitigation
Impact
Impact
p
Mitigation
Impact
p
Incorporation
Would the project:
Incorporation
Where
available, the significance criteria established by the
habitat modifications, on any species identified as a
applicable air quality management or air pollution control district
candidate, sensitive or special status species in local or
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may be
relief upon to make the following determinations. Would the
project:
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a) Conflict with or obstruct implementation of the applicable air
quality plan?
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b) Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
regional plans, policies, regulations, or by the California
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C) Result in a cumulatively considerable net increase of any
Department of Fish and Game or U.S. Fish and Wildlife
criteria pollutant for which the project region is non-
Service.
attainment under an applicable federal or state ambient air
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quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
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d) Expose sensitive receptors to substantial pollutant
concentrations?
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e) Create objectionable odors affecting a substantial number
of people?
Explanation of Checklist Judgements:
III(a). No Impact. The project does not conflict with any applicable air quality plan. The City of
Baldwin Park is located within the South Coast Air Basin, which is a non - attainment area for
selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin Park are
a result of not only local emissions, but also of those throughout the region.
III(b)- No Impart The project will not result in a cumulati,,e net increase of pollutants for ..hick the
-, = e
region is in non - attainment.
III(c). No Impact. The project will not result in a cumulatively considerable net increase of any
criteria pollutant for which the region is in non - attainment. The Southern California
Association of Governments and the South Coast Air Quality Management District have
adopted a South Coast Air Quality Management Plan (SCAQMP). The proposed
amendment will not have a significant impact upon air quality.
III(d). No Impact. The project will not expose any nearby sensitive receptors to substantial
pollutant concentrations.
III(e). No Impact. The project will not create objectionable odors affecting a substantial number of
people.
Less Than
IV BIOLOGICAL RESOURCES
Potentially
Significant
Significant
With
Less Than
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a
candidate, sensitive or special status species in local or
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regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service.
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or
regional plans, policies, regulations, or by the California
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Department of Fish and Game or U.S. Fish and Wildlife
Service.
C) Have a substantial adverse effect on federally protected
Less Than
wetlands as defined by Section 404 of the Clean Water Act
Potentially
Significant
(including, but not limited to, marsh, vernal pool, coastal,
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etc.) through direct removal, filling, hydrological interruption,
Significant
No Impact
or other means?
Mitigation
Impact
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
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established native resident or migratory wildlife corridors, or
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a) Cause a substantial adverse change in the significance of a
historical
impede the use of native wildlife nursery sites
resource as defined in Section 15064.5?
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e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
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ordinance?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geological feature?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,
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or other approved local, regional, or state habitat
Explanation of Checklist Judgements:
IV(a). No Impact. The project will not have any effect on any species identified by the California
Department of Fish and Game or the US Fish and Wildlife Service.
IV(b). No Impact. The project will not have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in any local or regional plans, policies
regulations or by the California Department of Fish and game or by the U.S. Fish and
Wildlife Service.
W(c). No Impact. The project will not have a substantial effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act. There are no federally protected wetlands
within the City of Baldwin Park.
IV(d). No Impact. The project will not interfere with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is
within an urbanized area and not within five (5) miles of a wildlife corridor.
IV(e). No Impact. The project does not conflict with any local policies or ordinances protecting
biological resources, as the City of Baldwin Park does not have any ordinances protecting
trees, wildlife, etc.
IV(f). No Impact. The project will not conflict with any provisions of an adopted habitat
conservation plan, natural community conservation plan or any local, regional or state
habitat conservation plan, as the City's General plan does not indicate any of the referenced
plans which could be affected by the project proposal.
Less Than
Potentially
Significant
Less Than
V
CULTURAL RESOURCES
Significant
with
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
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a) Cause a substantial adverse change in the significance of a
historical
resource as defined in Section 15064.5?
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b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 15064.5?
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c) Directly or indirectly destroy a unique paleontological
resource or site or unique geological feature?
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d) Disturb any human remains, including those interred
outside of formal
cemeteries?
Explanation of Checklist Judgements:
V(a). No Impact. The project will not cause a substantial adverse change in the significance of a
historical resource.
V(b). No Impact. The project will not cause a substantial adverse change in the significance of an
archaeological resource.
V(c). No Impact. The project will not directly or indirectly destroy a unique paleontological
resource or geological feature.
V(d). No Impact. The project is not expected to disturb any human remains. The City of Baldwin
Park does not have any cemeteries.
Explanation of Checklist Judgements:
VI(a). No Impact. The project will not expose people or structures to potential substantial adverse
effects involving the rupture of a known earthquake fault. According to the City's General
plan, there are no active faults within the City of Baldwin Park, therefore, no Alquist- Priolo
Special Study Zones are within the City.
Although there are no active faults within the City of Baldwin Park, there are several major
faults surrounding the City, which have the potential for causing major damage; however,
the occurrence of direct ground rupture is not likely according to the City's General Plan.
Potential for this type of activity is similar throughout Southern California and no unique or
unusual risk is posed by the proposed project.
According to the Seismic Hazard Zones Map dated 3/99 from the State Department of
Geology and Mines, the project area is not within a liquefaction zone.
Less Than
VI
GEOLOGY AND SOILS
Potentially
Significant
Significant
with
Less Than
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project.
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist - Priolo Earthquake Fault Zoning Map
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issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
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ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
C) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
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potentially result in on or offsite landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18 -1 -B of
the Uniform Building Code (1994), creating substantial risk
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to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
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where sewers are not available for the disposal of
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wastewater?
Explanation of Checklist Judgements:
VI(a). No Impact. The project will not expose people or structures to potential substantial adverse
effects involving the rupture of a known earthquake fault. According to the City's General
plan, there are no active faults within the City of Baldwin Park, therefore, no Alquist- Priolo
Special Study Zones are within the City.
Although there are no active faults within the City of Baldwin Park, there are several major
faults surrounding the City, which have the potential for causing major damage; however,
the occurrence of direct ground rupture is not likely according to the City's General Plan.
Potential for this type of activity is similar throughout Southern California and no unique or
unusual risk is posed by the proposed project.
According to the Seismic Hazard Zones Map dated 3/99 from the State Department of
Geology and Mines, the project area is not within a liquefaction zone.
VI(b). No Impact. The City is located in a relatively flat urbanized area with a very low potential for
wind and water erosion of soils and the project will not result in any soil erosion or loss of top
soil.
VI(c). No Impact. The City is not located on a geological unit or soil that is unstable and could
result in landslide, spreading liquefaction or collapse according to the Seismic Hazards Zone
Map dated March 25, 1999 from the State geologists Office.
VI(d). No Impact. The City and the project area are located on a very low to low expansive soil as
defined in Table 18 -1 -B of the UBC (1997). Therefore the project will not create any risk to
life or property.
VI(e). No Impact. The proposed project's location does have sewers available for the disposal of
wastewater. Furthermore, the soils at the proposed location can adequately support the use
of the sewers.
Explanation of Checklist Judgements:
VII(a). No Impact. The project will not create a significant hazard to the public through the routine
transport use or disposal of hazardous materials. It is not anticipated that there will be any
hazardous materials associated with the proposed project.
VII(b). No Impact. There will be no significant hazard to the public or the environment regarding the
upset or release of hazardous materials into the environment.
VII(c). No Impact. The use on the project site will not emit hazardous emissions or handle
hazardous material, substances or waste within one - quarter of an existing school.
Less Than
VII
HAZARDS AND
Potentially
Significant
Less Than
HAZARDOUSIVIATERIALS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into
the environment?
C) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one -
uarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section 65962.5
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and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
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result in a safety hazard for people residing or working in
the projeect area?
f) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
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evacuation Ian?
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands
are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Explanation of Checklist Judgements:
VII(a). No Impact. The project will not create a significant hazard to the public through the routine
transport use or disposal of hazardous materials. It is not anticipated that there will be any
hazardous materials associated with the proposed project.
VII(b). No Impact. There will be no significant hazard to the public or the environment regarding the
upset or release of hazardous materials into the environment.
VII(c). No Impact. The use on the project site will not emit hazardous emissions or handle
hazardous material, substances or waste within one - quarter of an existing school.
VII(d). No Impact. The proposed project is not located on a site that is included on a list of
hazardous materials sites.
VII(e). No Impact. The project is not located within an airport land use plan or within two miles of a
public airport, and therefore would not create a hazard to people residing or working in the
area.
VII(f). No Impact. Since the project is not within the vicinity of a private airstrip, the project would
not create a safety hazard for people residing or working in the project area.
VII(g). No Impact. According to the City's Emergency Operations Coordinator, the project will not
impair implementation or physically interfere with the City's adopted emergency plan or
emergency evacuation plan.
VII(h). No Impact. The project site is within a highly urbanized area and will therefore not expose
people or structures to a significant risk of loss, injury or death involving wildland fires.
Explanation of Checklist Judgements:
VIII(a). No Impact. The project will not violate any water quality standards or waste discharge
requirements, as the facility will generate minimal amounts of solid waste typical for this
particular residential use. In addition, the applicant will be required to implement the
requirements of the National Pollution Elimination Discharge System (NPDES), which
regulates water quality runoff.
Less Than
Vill
HYDROLOGY AND WATER
Potentially
Significant
Less Than
Significant
With
Significant
No Impact
1JALiTY
Impact
Mitigation
Impact
Incorporation
Would the project:
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a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g.. the production rate of
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pre- existing nearby wells would drop to a level which would
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not support existing land uses or planned uses for which
permits have been granted)?
C) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, in a manner which would result in
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substantial erosion or siltation on or offsite?
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on or offsite?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
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systems or provide substantial additional sources of
polluted runoff.
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f) Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
Explanation of Checklist Judgements:
VIII(a). No Impact. The project will not violate any water quality standards or waste discharge
requirements, as the facility will generate minimal amounts of solid waste typical for this
particular residential use. In addition, the applicant will be required to implement the
requirements of the National Pollution Elimination Discharge System (NPDES), which
regulates water quality runoff.
VIII(b). No Impact. The project will not deplete groundwater supplies or interfere with groundwater
recharge.
VIII(c). No Impact. The project will not substantially alter the course of an adjacent stream or river,
which would result in erosion, or siltation of the site as there is no stream or river running
through the City, which the exception of the channelized San Gabriel River.
VIII(d). No Impact. The project will not substantially alter the drainage patterns of the City and will
not alter the course of a stream or river, as there are no streams or rivers in the City with the
exception of the channelized San Gabriel River,
VIII(e). No Impact. The project will not create or contribute to surface run -off, which would exceed
the capacity of the existing storm drain system. Nor will the project provide any polluted run-
off.
VIII(f). No Impact. The project will not degrade the existing water quality because of the limited
amount of impervious surfaces associated with the project.
VIII(g). No Impact. The project will not place housing within a 100 -year flood hazard area.
Furthermore, the City is not within a Flood Zone. Federal Emergency Management
Association (FEMA) has the City of Baldwin Park classified as Zone C- 060100.
VIII(h). No Impact. The site is not within a 100 -year flood hazard area. FEMA has classified the
City of Baldwin Park as Zone C- 060100.
VIII(i). No Impact. The project will not expose people or structures to a significant risk of loss
involving flooding as a direct result of the failure of a levee or dam. Although the Santa Fe
dam is located directly adjacent to the City across Arrow Highway, large -scale flooding as a
result of failure of this particular dam is negligible due to the design of the dam in that water
is present in the dam only a few months of the year and the project will not impact the dam.
V1110). No Impact. Since Baldwin Park is an inland City, it could not experience a tsunami and the
few bodies of water in Baldwin Park are small enough that they would not be able to produce
a seiche large enough to cause any damage. Furthermore, Baldwin Park is an urbanized
City with no hillsides to speak of and therefore, damage caused by mudflow would be
negligible.
Explanation of Checklist Judgements:
IX(a). No Impact. The proposed project will not physically divide an established community.
IX(b). Less than Significant Impact. According to the City's Engineering Division, the sub- standard
cul -de -sac street does not meet the minimum street width and minimum radius for a cul -de-
Less Than
Potentially
Significant
Less Than
IX
LAND USE AND PLANNING
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project.
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a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
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local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
C) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Explanation of Checklist Judgements:
IX(a). No Impact. The proposed project will not physically divide an established community.
IX(b). Less than Significant Impact. According to the City's Engineering Division, the sub- standard
cul -de -sac street does not meet the minimum street width and minimum radius for a cul -de-
sac,. In addition, the Fire Department's original review of the project in 2004 recommended
denial of the project as proposed (and now constructed) stating that the street "shall provide
a minimum width of 34 feet flow -line to flow -tine" and that the "cul de sac bulb is required to
have a minimum of a 32 foot centerline turning radius." The radius of the cul de sac bulb is
30 feet. In order to alleviate the radius limitations issue presented by a smaller radius, the
City has red curbed the cul -de -sac prohibiting parking.
The request that City to accept a sub - standard cul -de -sac street, will not be in conformance
with the Circulation Element of the General Plan. Policy 1.9 states that the city should
"ensure cul -de -sac streets meet emergency access requirements and are designed to
provide adequate circulation. Circulation issues for consideration should include: street
width, length of cul -de -sac, provision of sidewalks, availability of parking etc." However, the
General Plan provides an exception in the Land Use Element at Policy 1.3 as follows:
"Provide for smaller lot single - family subdivision and infill through continued application of
RS -5000 zone district in existing single - family neighborhoods predominated by smaller lot
sizes. Allow for reductions in the City's residential street width requirements in small lot
subdivision developments." While the RS -5000 zone district has not yet been created, the
project is located in a smaller lot single - family subdivision, which was constructed in an area
of town where the all adjacent properties are predominated by smaller lot sizes (i.e. the
Baldwin Park Zoning Code requires that the minimum lot sizes be 5,000 square feet). As
such, the project is consistent with the zone district referenced, fulfils the standards set out
in this exception and is therefore in conformance with the General Plan.
iX(c). No impact. Currently the City has no habitat conservation plans or natural community
conservation plans which would possible be affected by the proposed amendment.
Explanation of Checklist Judgements:
X(a). No Impact. The project will not result in the loss of a known ,mineral resource that would be
of future value to the region or the residents of the State. There are no known mineral
resources located within the City of Baldwin Park according to the City's General Plan.
X(b). No Impact. The project will not result in the loss of a locally important mineral resource
recovery site, as the City's General Plan does not indicate any known mineral resources.
Less Than
Less Than
Potentially
Significant
Less Than
Significant
X MINERAL RESOURCES
Significant
With
Significant
No Impact
With
Impact
Mitigation
Impact
Impact
Mitigation
Incorporation
Would the project:
Incorporation
a) Result in the loss of availability of a known mineral resource
that would be of future value to the region and the residents
of the State?
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b) Result in the loss of availability of a locally- important
mineral resource recovery site delineated on a local general
Ian, specific plan, or other land use Ian?
noise ordinance, or applicable standards of other agencies?
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Explanation of Checklist Judgements:
X(a). No Impact. The project will not result in the loss of a known ,mineral resource that would be
of future value to the region or the residents of the State. There are no known mineral
resources located within the City of Baldwin Park according to the City's General Plan.
X(b). No Impact. The project will not result in the loss of a locally important mineral resource
recovery site, as the City's General Plan does not indicate any known mineral resources.
Less Than
Potentially
Significant
Less Than
X1
NOISE
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project result in:
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a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
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b) Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
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C) A substantial permanent increase in ambient noise levels in
levels
project vicinity above existing without the project?
Explanation of Checklist Judgements:
XI(a). No Impact. The project will not result in the exposure of persons to or generation of noise
levels in excess of standards established in the City's General Plan, noise ordinance or
applicable standards of other agencies.
XI(b). No Impact. The project will not result in the exposure of persons to generation of excess
ground borne vibration or ground borne noise levels.
XI(c). No Impact. The project will not result in a substantial permanent increase of ambient noise
levels.
XI(d). No Impact. The project will not result in a substantial or periodic increase in ambient noise
levels above levels that exist.
XI(e). No Impact. The City of Baldwin Park is not located within an airport land use plan not within
two miles of an airport. Therefore, the project will not expose people to excessive noise
levels.
XI(f). No Impact. The City of Baldwin Park is not within the vicinity of a private airstrip. Therefore,
the project will not expose people to excessive noise levels.
Less Than
Potentially
Significant
Less Than
XI
NOISE
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
d)
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
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a) Induce substantial population growth in an area, either
without the project?
e) For a project located within an airport land use plan or,
businesses) or indirectly (for example, through extension of
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
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roads or other infrastructure)?
expose people residing or working in the project area to
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
excessive noise levels?
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f) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the project
area to excessive noise levels?
Explanation of Checklist Judgements:
XI(a). No Impact. The project will not result in the exposure of persons to or generation of noise
levels in excess of standards established in the City's General Plan, noise ordinance or
applicable standards of other agencies.
XI(b). No Impact. The project will not result in the exposure of persons to generation of excess
ground borne vibration or ground borne noise levels.
XI(c). No Impact. The project will not result in a substantial permanent increase of ambient noise
levels.
XI(d). No Impact. The project will not result in a substantial or periodic increase in ambient noise
levels above levels that exist.
XI(e). No Impact. The City of Baldwin Park is not located within an airport land use plan not within
two miles of an airport. Therefore, the project will not expose people to excessive noise
levels.
XI(f). No Impact. The City of Baldwin Park is not within the vicinity of a private airstrip. Therefore,
the project will not expose people to excessive noise levels.
Explanation of Checklist Judgements:
XII(a). No Impact. The project will not induce substantial population growth in an area, either
directly or indirectly.
XII(b). No impact. The project will not displace any existing housing units that will necessitate the
replacement or construction of residential units.
XII(c). No Impact. The project will not displace any individuals/families necessitating the
construction of replacement housing.
Less Than
Potentially
Significant
Less Than
XII
POPULATION AND HOUSING
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
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C) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Explanation of Checklist Judgements:
XII(a). No Impact. The project will not induce substantial population growth in an area, either
directly or indirectly.
XII(b). No impact. The project will not displace any existing housing units that will necessitate the
replacement or construction of residential units.
XII(c). No Impact. The project will not displace any individuals/families necessitating the
construction of replacement housing.
Explanation of Checklist Judgements:
XIII(a). No Impact. The project will not result in the additional need for new or altered fire protection
and will not alter acceptable service ratios or response times. Currently Station 29 serves
the City, which is located at Los Angeles Street and Maine Avenue.
XIII(b). No impact, The project will not result in the additional need for new or altered police
protection.
XIII(c). No Impact. Since the project will not increase the City's population (i.e. new housing), there
will not be the need to build new schools or physically alter any existing schools to
accommodate any increase in population. School impact fees collected prior to occupancy
are intended to offset any potential demand for new school facilities.
XIII(d). No Impact. Since the project is not intended to increase the City's population which in turn
increases the need for public services, the project will not result in the need to modify or add
new any new parks or recreational facilities. The City's Development Tax collected prior to
occupancy is intended to offset any potential demand for recreational facilities.
XIII(e). No Impact. The project will not require the need for new or physically altered public facilities.
Less Than
Less Than
Potentially
Significant
Less Than
Significant
XIII PUBLIC SERVICES
Significant
With
Significant
No Impact
With
Impact
Mitigation
Impact
Impact
Mitigation
Incorporation
Would the project: result in substantial adverse physical impacts
Incorporation
associated with the provision of new or physically altered
Would the project increase the use of existing
governmental facilities, need for new or physically altered
neighborhood and regional parks or other recreational
governmental facilities, the construction of which could cause
facilities such that substantial physical deterioration of the
significant environmental impacts, in order to maintain acceptable
facility would occur or be accelerated?
service ratios, response times or other performance objectives for
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities, which
any of the public services?
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a) Fire protection?
b) Police protection?
C) Schools?
d) Parks?
e) Other public facilities?
Explanation of Checklist Judgements:
XIII(a). No Impact. The project will not result in the additional need for new or altered fire protection
and will not alter acceptable service ratios or response times. Currently Station 29 serves
the City, which is located at Los Angeles Street and Maine Avenue.
XIII(b). No impact, The project will not result in the additional need for new or altered police
protection.
XIII(c). No Impact. Since the project will not increase the City's population (i.e. new housing), there
will not be the need to build new schools or physically alter any existing schools to
accommodate any increase in population. School impact fees collected prior to occupancy
are intended to offset any potential demand for new school facilities.
XIII(d). No Impact. Since the project is not intended to increase the City's population which in turn
increases the need for public services, the project will not result in the need to modify or add
new any new parks or recreational facilities. The City's Development Tax collected prior to
occupancy is intended to offset any potential demand for recreational facilities.
XIII(e). No Impact. The project will not require the need for new or physically altered public facilities.
Explanation of Checklist Judgements:
XIV(a). No Impact. The project is not expected to significantly impact the City's existing parks or
recreational facilities.
XIV(b). No Impact. The project does not require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment.
Less Than
Potentially
Significant
Less Than
XIV
RECREATION
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
a)
Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities, which
might have an adverse physical effect on the environment?
Explanation of Checklist Judgements:
XIV(a). No Impact. The project is not expected to significantly impact the City's existing parks or
recreational facilities.
XIV(b). No Impact. The project does not require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment.
Explanation of Checklist Judgements:
XV(a). No Impact. The project will not cause an increase in traffic to the existing traffic load an-'
capacity of the street system.
XV(b). No Impact. The project will not exceed a level of service standard established by the County
Congestion Management Agency for designated roads or highways.
XV(c). No Impact. The project will not result in a change or increase in air traffic patterns or levels
that result in substantial safety risks.
XV(d). No Impact. The project will not increase hazards due to a design feature or incompatible
uses, as the project does not include new construction of streets.
XV(e). Less than Significant Impact. The amendment requested to eliminate the HOA/CC &R's and
acceptance of a substandard cul -de -sac street will not likely result in inadequate emergency
access. Currently, the street leading to the cul -de -sac bulb is constructed without
complying with the minimum street width and radius standards required by the City's
Engineering Division or County Fire Department, As a result and at the request of the Los
Angeles County Fire Department the cul -de -sac is currently red curbed to prevent vehicles
from parking on the street, in an effort to alleviate any turnaround maneuvering limitations
presented by the reduced radius.
XV(f). No Impact. The project will not have an impact on existing parking facilities or create a need
for new parking.
XV(g). No Impact. The project will not conflict with adopted policies, plans or programs supporting
alternative transportation.
Less Than
Potentially
Significant
Less Than
XV
TRANS PO RTATIO N/TRAFFI C
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Cause an increase in traffic, which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
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■
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
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management agency for designated roads or highways?
C) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
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■
in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
❑
❑
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■
incompatible uses (e.g., farm equipment)?
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e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
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bic cle racks)?
Explanation of Checklist Judgements:
XV(a). No Impact. The project will not cause an increase in traffic to the existing traffic load an-'
capacity of the street system.
XV(b). No Impact. The project will not exceed a level of service standard established by the County
Congestion Management Agency for designated roads or highways.
XV(c). No Impact. The project will not result in a change or increase in air traffic patterns or levels
that result in substantial safety risks.
XV(d). No Impact. The project will not increase hazards due to a design feature or incompatible
uses, as the project does not include new construction of streets.
XV(e). Less than Significant Impact. The amendment requested to eliminate the HOA/CC &R's and
acceptance of a substandard cul -de -sac street will not likely result in inadequate emergency
access. Currently, the street leading to the cul -de -sac bulb is constructed without
complying with the minimum street width and radius standards required by the City's
Engineering Division or County Fire Department, As a result and at the request of the Los
Angeles County Fire Department the cul -de -sac is currently red curbed to prevent vehicles
from parking on the street, in an effort to alleviate any turnaround maneuvering limitations
presented by the reduced radius.
XV(f). No Impact. The project will not have an impact on existing parking facilities or create a need
for new parking.
XV(g). No Impact. The project will not conflict with adopted policies, plans or programs supporting
alternative transportation.
Explanation of Checklist Judgements:
XVI(a). No Impact. The project will not exceed wastewater treatment requirements of the Regional
Water ;duality Control Qoard.
XVI(b). No Impact. The project will not require the construction of new water or wastewater
treatment facilities or the expansion of existing facilities.
XVI(c). No Impact. The project site is not within a flood zone area. The project will not result in the
need to construct new storm water drainage facilities or to expand existing facilities.
XVI(d). No Impact. The project will not affect existing water supplies provided to the City.
XVI(e). No Impact. The project will result in a determination by the watershed treatment provider
that it has adequate capacity to serve a demand.
XVI(f). No Impact. Waste Management, the City waste hauler utilizes the Puente Hills landfill which
has enough permitted capacity to accommodate the proposed project's waste disposal
needs as it is not anticipated that the project will create any increase demands on waste
disposal
XVI(g). No Impact. The proposed project will comply with all federal, state and local statutes relating
to solid waste.
Less Than
XVI
UTILITIES AND SERVICE
Potentially
Significant
Less Than
SYSTEMS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
F-1
F-1
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
C) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
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F-1
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
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g) Comply with federal, state, and local statutes and
regulations to
related solid waste?
Explanation of Checklist Judgements:
XVI(a). No Impact. The project will not exceed wastewater treatment requirements of the Regional
Water ;duality Control Qoard.
XVI(b). No Impact. The project will not require the construction of new water or wastewater
treatment facilities or the expansion of existing facilities.
XVI(c). No Impact. The project site is not within a flood zone area. The project will not result in the
need to construct new storm water drainage facilities or to expand existing facilities.
XVI(d). No Impact. The project will not affect existing water supplies provided to the City.
XVI(e). No Impact. The project will result in a determination by the watershed treatment provider
that it has adequate capacity to serve a demand.
XVI(f). No Impact. Waste Management, the City waste hauler utilizes the Puente Hills landfill which
has enough permitted capacity to accommodate the proposed project's waste disposal
needs as it is not anticipated that the project will create any increase demands on waste
disposal
XVI(g). No Impact. The proposed project will comply with all federal, state and local statutes relating
to solid waste.
Explanation of Checklist Judgements:
XVII(a). No Impact. The project does not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of major periods of California history or
prehistory.
XVII(b). No Impact. The project does not have impacts that are individually limited but
cumulatively considerable. A majority of the environmental factors analyzed within this
initial study will not have an impact by the proposed amendment to the General Plan.
XVII(c). No Impact. The project does not create environmental effects, which will cause
substantial adverse effects on human beings, either directly or indirectly.
Less Than
XVII
MANDATORY FINDINGS OF
Potentially
Significant
Less Than
Significant
With
Significant
No Impact
SIGNIFICANCE
Impact
Mitigation
Impact
Incorporation
Does the project:
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ( "Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
C) Does the project have environmental effects, which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Explanation of Checklist Judgements:
XVII(a). No Impact. The project does not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of major periods of California history or
prehistory.
XVII(b). No Impact. The project does not have impacts that are individually limited but
cumulatively considerable. A majority of the environmental factors analyzed within this
initial study will not have an impact by the proposed amendment to the General Plan.
XVII(c). No Impact. The project does not create environmental effects, which will cause
substantial adverse effects on human beings, either directly or indirectly.
Wo-w F I rl I =I- I v
ILL&
ROW,
TYPE OF APPLICATON
.General Plan Amendment
Zone Change
Code Amendment
Deeveloprnent
CRA Conceptual Approval
APPLICA71ON INFORUMM
Nacre ofapplicanks)
' lww
.r
Capacity
PLANNING DIVISION
14403 E. PACIFIC AVE
BALDWN PARK, CA 91746
(626) 813-5261
ZL,ne Variance
Conditional Use Permit
Adrninistrative Adjustrnent
k Me
PROPERTY WF0RM&TMM
'D 0"' a - �
-V
Location �>
Assessor Parcel Number(s)
Tract and Lot Nurnl*s) 61-3115
Existing General Plan Designation 4:2—1
Existing Zoning for eaCh parcel
Existing Land Use
Code Section to be affmWed
Purpose of request Mo-pe�t 62�_'-A
M:4 za, ,,,I 1;J RKMI TN-MMYTH#� I
Signature
Date
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-FOR CrFY USE ONLY:
File No.: Fee: Received by:
F /PlanningfForms/1-andarr
Date: I I
DC CORK)RATION
2149 East Garvey North
A -1 2
West Covina, Califomia
June 5, 2008
Dear City Manger,
The purpose of this letter is to request elimination of the Home Owners Association (HOA) for
Tract Map 61345.
The housing market has weaken dramatically in recent months. While demand has
certainly weaken the primary challenge we are facing is obtaining financing for prospective
homebuyers. Credit ratings and ratios have tightened significantly. When the home owner's fee
is included in the ratio calculation very few prospective buyers are qualifying for loans.
While our other Tracts in Baldwin Park without HOAs have an occupancy of about 58 %,
Tract 61345 which has a HOA has an occupancy of 20 %. In order to assist buyers to qualify and
improve the occupancy rate at Tract 61345 we are requesting elimination of the HOA for the
Tract.
If you have any questions please contact ine at 626- 332 -6768
Sincerely,
Don Cook
DC CORPORATION
2149 East Garvey North
A-12
West Covina, California
July 29, 2008
Dear Director of Public Works,
The purpose of this letter is to request the City of Baldwin Park accept the cul de sac
which is part of Tract Map 61345 that intersects Kenmore street.
The housing market has weaken dramatically in recent months. While demand has
certainly weaken, the primary challenge we are facing is obtaining financing for prospective
homebuyers. Credit ratings and ratios have tightened significantly. When the Home Owner's
Association Fee is included in the finance ratio calculation many prospective buyers have failed
to qualify for loans.
While our other Tracts in Baldwin Park without HOAs have an occupancy of about 58%,
Tract 61345 which has sa T-4-0A has all occ—ancy of 200//- T- —A— + UYVL,) IV 4uaufy
u. In arder to assist b, --to --h and
improve the occupancy rate at Tract 61345 we are requesting elimination of the HOA for the
Tract.
The only "common area" held by the HOA is the cul sac that provides access from
Kenmore street to eight of the homes. In order to eliminate the HOA it would be necessary to
transfer ownership of the cul de sac frorr� the HOA to the City at no cost to the City. Please Find
attached a completed "Road Deed", for this purpose.
5 4' 7 Y -Y
n+ �- a I t Y -1111 e 3t 0 r, ca 9 e c- 0 n tact ri, c at 6 21 6, 332 -,67 6 f.
Sincereiv,
c
IEW
RESOLUTION 2008- 059(A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DENYING AN AMENDMENT TO THE DEVELOPMENT PLAN
AND TENTATIVE TRACT MAP AND THE REQUEST FOR CITY
ACCEPTANCE OF A SUBSTANDARD CUL -DE -SAC STREET (CASE
NO. DR -32, TM- 61345; LOCATION: 3940 -3948 WALNUT STREET;
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) An application ( "Application ") for a modification to a Development Plan
and Tract Map and a street dedication request was submitted on behalf of the owner of
certain real property, located at 3940 -3948 Walnut Street in the City of Baldwin Park,
described more particularly in the Application on file with the City Planner; and
(b) The Application was sought to modify a previously approved
Development Plan and Tentative Tract Map to eliminate conditions of approval which
require a Homeowners Association (HOA) and Covenants, Conditions and Restrictions
(CC &R's) for the development of a 16 -unit single - family residential planned development.
A related request is for City acceptance (as a street dedication) of a private cul -de -sac
street for publir, . nijrnn.P; and
(c) On August 13, 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 Commission recommended to continue the item to the next available
Planning Commission Meeting to allow staff to provide additional information. However,
upon the applicant's request, the Commission passed a motion (4 -0) to forward the
subject applications to the City Council without a recommendation; and
(d) A duly noticed public hearing was held on said Application by the City
Council, and based upon evidence presented including applicable staff reports, each
member of the Council being familiar with the property, it was determined the facts as
required by the Baldwin Park Municipal Code for the granting of such Application have
been met, however, the City Council determined the HOA would better ensure the cul -de-
sac would be properly maintained, the cul -de -sac was substandard as it did not meet the
minimum required street width and roadway radius as determined by the City's
Engineering Division and the Los Angeles County Fire Department, and the requested
modifications to the previous project approvals should, therefore, be denied for the
reasons set forth in this Resolution.
SECTION 2. The City Council does hereby adopt the following Findings of Fact
applicable to all Tentative Tract Maps:
(a) The site for the proposed project is physically suitable as the topography of
the site is essentially flat and is developed with sixteen (16) single - family detached
residential dwelling units at a density allowed by the City's Zoning Code pursuant to the
previously approved Development Plan, Density Bonus and a Planned Development
overlay for the entire site; 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 (16) unit single -
family detached residential dwelling development, which is compatible with the
surrounding single - family (R -1) zoning designations; and
Resolution 2008- 059(A)
September 3, 2008
Pape 2 of 7
(c) The project, including the proposed amendment eliminating the HOA/CC &R's
and request that City to accept a sub - standard cul -de -sac street, will not be in
conformance with the Circulation Element of the General Plan. Policy 1.9 states the city
should "ensure cul -de -sac streets meet emergency access requirements and are
designed to provide adequate circulation. Circulation issues for consideration should
include: street width, length of cul -de -sac, provision of sidewalks, availability of parking
etc." However, the General Plan provides an exception at Policy 1.3 as follows: "Provide
for smaller lot single - family subdivision and infill through continued application of RS -5000
zone district in existing single - family neighborhoods predominated by smaller lot sizes.
Allow for reductions in the City's residential street width requirements in small lot
subdivision developments." While the RS -5000 zone district has not yet been created, the
project is located in a smaller lot single - family subdivision, which was constructed in an
area of town where the all adjacent properties are predominated by smaller lot sizes (i.e.
the Baldwin Park Zoning Code requires that the minimum lot sizes be 5,000 square feet).
As such, the project is consistent with the zone district referenced, fulfils the standards set
out in this exception and is therefore in conformance with the General Plan; and
(d) Development of the project site in accordance with the Tentative Tract Map
will not affect future passive or natural heating or cooling opportunities for the area as the
natural topography of the site is flat and the current development of sixteen (16) 2 -story
dwelling units will, therefore, not affect said opportunities; and
(e) The proposed Tentative Map is in an area serviced by Valley County Water
District and the District has indicated that the proposal will not violate any water quality
standards for the Water District.
SECTION 3. The City Council denies the request to accept the substandard cul -de -sac
for the following reasons:
(a) If the street were accepted as a public street, then the City's Public
Works Department would assume responsibility and cost of maintaining 4,960 sq. ft. of a
substandard cul -de -sac street, which at a minimum would involve expanding street
sweeping service and general street and drainage (culvert) maintenance; and
(b) The City would have to provide the following improvements to attain
minimum street standards:
- Process the dedication of land from the front yard areas to provide for a
public sidewalk; and
- Construct a minimum 5' wide sidewalk within the cul -de -sac [at an
approximate cost of $5,650 ($10 per sq.ft. based on 113 linear feet)]; and
- Construct a minimum of two (2) handicap accessible ramps [at an
approximate cost of $4,000 ($2,000 each)]; and
- Assume yearly maintenance and general repair of the street; and
- Assume yearly maintenance of the drainage culvert; and
- Assume construction costs to reconstruct the street every 20 years
The construction of the missing sidewalks will result in the reduction of front yard
setbacks and create a legal non - conforming situation but would still not resolve
the substandard street width and radius. In addition, there exists a storm drain
culvert located within two (2) private properties running between the end of the
cul -de -sac and Walnut Street. Public Works crews would not be able to access
the culvert for continual maintenance because there is no easement in place.
(c) Furthermore, the Los Angeles County Fire Department has not approved
and will not approve such right -of -way due to its substandard width and radius. As such,
the City could be liable and responsible for any issues raised by Los Angeles County Fire
Department or any other interested party.
Resolution 2008- 059(A)
September 3, 2008
Page 3 of 7
SECTION 4. The City Council has denied the proposed amendment to the Development
Plan and Tentative Tract Map because pursuant to Civil Code section 1363 when a separate property
interest is coupled with an interest in a common area, the common area must be managed by an
association. While the cul -de -sac is a private street, it would likely be designated as a separate property
interest in that area, also the Council has determined other options, which may be available for providing
the maintenance of the cul -de -sac, are insufficient to ensure the cul -de -sac will be properly maintained,
repaired and cleaned without causing an undue burden on the City.
SECTION 5. 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 3rd day of September 2008.
MANUELLOZANO
MAYOR
ATTEST:
LAURA ivi. NIE T v
DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing Resolution 2008- 059(A) was duly and regularly approved and adopted by the City of Baldwin
Park Council at a regular meeting thereof, held on September 3, 2008, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT;
COMMISSIONERS:
LAURA M. NIETO
DEPUTY CITY CLERK
�' •
'- � • 11: 1
RESOLUTION 2008 - 059(8)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK ADOPTING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CONDITIONALLY APPROVING AN
AMENDMENT TO THE DEVELOPMENT PLAN AND TENTATIVE
TRACT MAP ELIMINATING THE HOA /CC &R's AND DENYING
ACCEPTANCE OF A SUBSTANDARD CUL -DE -SAC STREET; (CASE
NO. DR -32, TM- 61345; LOCATION: 3940 -3948 WALNUT STREET;
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) An application ( "Application ") for a modification to a Development Plan
and Tract Map and a street dedication request was submitted on behalf of the owner of
certain real property, located at 3940 -3948 Walnut Street in the City of Baldwin Park,
described more particularly in the Application on file with the City Planner; and
(b) The Application sought to modify a previously approved Development
Plan and Tentative Tract Map to eliminate a condition of approval which require a
Homeowners Association (HOA) and Covenants, Conditions and Restrictions (CC &R's)
for the development of a 16 -unit single - family residential planned development. A related
request is for City acceptance (as a street dedication) of a private cul -de -sac street for
public purpose; and
(c) On August 13, 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 Commission recommended to continue the item to the next available
Planning Commission Meeting to allow staff to provide additional information. However,
upon the applicant's request, the Commission passed a motion (4 -0) to forward the
subject applications to the City Council without a recommendation; and
(d) A duly noticed public hearing was held on said Application by the City
Council, and based upon evidence presented including applicable staff reports, each
member of the Council being familiar with the property, it was determined the facts as
required by the Baldwin Park Municipal Code for the granting of such Application have
been met, however the City Council determined the cul -de -sac was substandard as it did
not meet the minimum required street width and roadway radius as determined by the
City's Engineering Division and the Los Angeles County Fire Department, and the
requested modifications to the previous project approvals should be partially denied and
partially granted, subject to the terms of this Resolution.
SECTION 2. The City Council does hereby adopt the following Findings of Fact
applicable to all Tentative Tract Maps:
(a) The site for the proposed project is physically suitable as the topography
of the site is essentially flat and is developed with sixteen (16) single - family detached
residential dwelling units at a density allowed by the City's Zoning Code pursuant to the
previously approved Development Plan, Density Bonus and a Planned Development
overlay for the entire site; and
(b) 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 (16) unit single - family
detached residential dwelling development, which is compatible with the surrounding
single- family (R -1) zoning designations; and
Resolution 2008 - 059(8)
September 3, 2008
Paae 2 of 3
(c) The project, including the proposed amendment eliminating the
HOA /CC &R's and request that City to accept a sub - standard cul -de -sac street, will not be
in conformance with the Circulation Element of the General Plan. Policy 1.9 states the
city should "ensure cul -de -sac streets meet emergency access requirements and are
designed to provide adequate circulation. Circulation issues for consideration should
include: street width, length of cul -de -sac, provision of sidewalks, availability of parking
etc." However, the General Plan provides an exception at Policy 1.3 as follows: "Provide
for smaller lot single - family subdivision and infill through continued application of RS -5000
zone district in existing single - family neighborhoods predominated by smaller lot sizes.
Allow for reductions in the City's residential street width requirements in small lot
subdivision developments." While the RS -5000 zone district has not yet been created, the
project is located in a smaller lot single - family subdivision, which was constructed in an
area of town where the all adjacent properties are predominated by smaller lot sizes (i.e.
the Baldwin Park Zoning Code requires that the minimum lot sizes be 5,000 square feet).
As such, the project is consistent with the zone district referenced, fulfils the standards set
out in this exception and is therefore in conformance with the General Plan; and
(d) Development of the project site in accordance with the Tentative Tract
Map will not affect future passive or natural heating or cooling opportunities for the area
as the natural topography of the site is flat and the current development of sixteen (16) 2-
story dwelling units will, therefore, not affect said opportunities; and
(e) The proposed Tentative Map is in an area serviced by Valley County
Water District and the District has indicated that the proposal will not violate any water
quality standards for the Water District.
SECTION 3. The City Council denies the request to accept the substandard cul -de -sac
for the following reasons:
(a) If the street were accepted as a public street, then the City's Public
Works Department would assume responsibility and cost of maintaining 4,960 sq. ft. of a
substandard cul -de -sac street, which at a minimum would involve expanding street
sweeping service and general street and drainage (culvert) maintenance; and
(b) The City would have to provide the following improvements to attain
minimum street standards:
- Process the dedication of land from the front yard areas to provide for a
public sidewalk; and
- Construct a minimum 5' wide sidewalk within the cul -de -sac [at an estimated
cost of $5,650 ($10 per sq.ft. based on 113 linear feet)]; and
- Construct a minimum of two (2) handicap accessible ramps [at an estimated
cost of $4,000 ($2,000 each)]; and
- Assume yearly maintenance and general repair of the street; and
- Assume yearly maintenance of the drainage culvert; and
- Assume construction costs to reconstruct the street every 20 years
The construction of the missing sidewalks will result in the reduction of front yard
setbacks and create a legal non - conforming situation but would still not resolve
the substandard street width and radius. In addition, there exists a storm drain
culvert located within two (2) private properties running between the end of the
cul -de -sac and Walnut Street. Public Works crews would not be able to access
the culvert for continual maintenance because there is no easement in place.
(c) Furthermore, the Los Angeles County Fire Department has not approved
and will not approve such right -of -way due to its substandard width and radius. As such,
the City could be liable and responsible for any issues raised by Los Angeles County Fire
Department or any other interested party.
Resolution 2008- 059(B)
September 3, 2008
Page 3 of 3
SECTION 4. The City Council approves the Applicants request to amend the Tentative
Tract Map and Development Plan as follows:
(a) Resolution 2005 -074 approved by the City Council on September 7, 2005
containing conditions of approval shall remain in effect and unchanged with the exception
that the conditions at paragraphs (j), (k), (1), and (m) are deleted.
(b) A signed recorded agreement submitted to the City by the property
owners stating the owners will be responsible, financially and otherwise, for any future
maintenance and repairs of the cul -de -sac and storm water culvert and liability resulting
from those improvements. In addition to other legal remedies available to the City (e.g.
filing suit to compel compliance with the agreement), the agreement should provide in the
event the property owners fail to maintain the cul -de -sac, the City could make all
necessary repairs and all costs shall be placed as a lien against the properties.
(c) A disclosure to future owners, at the time of purchase, indicating they are
buying into a private street and future liability and costs may be incurred.
(d) The agreement required in (b), above, shall be prepared by the
developer to the satisfaction of the City Attorney. The developer shall pay all city
attorneys fees associated with that document.
SECTION 5. The project has been determined not to have a significant impact on the
environment and pursuant to that determination; a Draft Negative Declaration of Environmental Impact
has been prepared pending approval by the City Council.
SECTION 6. 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 3 r day of September 2008.
MANUELLOZANO
MAYOR
ATTEST:
LAURA M. NIETO
DEPUTY CITY CLERK
Resolution 2008- 059(B)
September 3, 2008
Page 4 of 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDW IN PARK
I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing Resolution 2008- 059(B) was duly and regularly approved and adopted by the City of Baldwin
Park Council at a regular meeting thereof, held on September 3, 2008, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT;
COMMISSIONERS:
LAURA M. NIETO
DEPUTY CITY CLERK
P , A, R, K
TO: Honorable Mayor and Members • the City Council
FROM: Lili Hadsell, Chief • Police
DATE: September 3, 2008
SUBJECT: MODIFICATION • CHAPTER 133 BPMC §133.01 • IM •
THE TRACKING OF REGISTERED SEX OFFENDERS,
ORDINANCE 1322
Purpose:
Staff seeks City Council approval to modify Baldwin Park Municipal Code §133.01
Background:
The police department is continually dealing with the registration of Sex Offenders as
dictated by state law and local ordinance. Staff has found that with some minor
modifications to the Baldwin Park Municipal Code §133.01 the Police Department could
improve the tracking of "Registered Transient Sex Offenders"
State law allows Sex Registrants to register as "transient". This means that the registrant is
homeless, but does not mean he/she is wondering the streets and sleeps in a different
location every night. The law is specific in that when the Sex Registrant registers as
transient, he/she must be very specific as where he/she will be staying each and every
night. Staff believes that the same restrictions, which apply to those registrants living in a
physical structure, should also apply to transient registrations. By adding a definition of
"Reside" to the current definitions within 133.01 of the Baldwin Park Municipal Code, staff
would have better control over transient Sex Registrants.
There is no current definition of "Reside" in 133.01 BPMC
:to] • �*'
RESIDE. To live or dwell at one or more addresses, regardless of the number of
days or nights spent there, such as a shelter or structure that can be located by a
street address, regardless of physical housing or lack thereof, including, but not
limited to, houses, apartment buildings, motels, hotels, homeless shelters, and
recreational and other vehicles." See attached resolution and ordinance.
MODIFICATION OF CHAPTER 133 BPMC §133.01 Page #2
The City Attorney has reviewed this document as to form and content.
Fiscal Impact:
There will be no negative impact to the general fund.
Recommendation:
Staff recommends City Council waive further reading, read by title only and introduce
for first reading Ordinance No. 1322 entitled, 'AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 133.01 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO REGISTERED SEX
OFFENDERS."
See attached ordinance.
CITY OF BALDWIN PARK
ORDINANCE NO. 1322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING SECTION 133.01 OF
THE BALDWIN PARK MUNICIPAL CODE RELATING TO
REGISTERED SEX OFFENDERS
WHEREAS, the Baldwin Park police department is continually dealing with the
registration of sex offenders as dictated by state law and local ordinance; and
WHEREAS, the City of Baldwin Park has a strong interest in keeping registered
sex offenders away from close proximity to children's facilities in an effort to prevent sex
offenses against children from occurring; and
WHEREAS, minor modification of the Baldwin Park Municipal Code would allow
staff to better track registered sex offenders and increase public safety; and
WHEREAS, state law allows sex offenders to register as "transient," which
means that the registrant is homeless, but the registrant must be very specific as to
where he or she will be staying each and every night; and
WHEREAS, clarification of the Chapter 133 of the current Baldwin Park
Municipal Code would make it clear Section 133.02 specifically applies to sex offenders
who are registered as "transient;"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Baldwin Park Municipal Code Section 133.01, "DEFINITIONS"
is hereby amended by adding the following definition in alphabetical order:
RESIDE. To live or dwell at one or more addresses, regardless of the number of
days or nights spent there, such as a shelter or structure that can be located by a street
address, regardless of physical housing or lack thereof, including, but not limited to,
houses, apartment buildings, motels, hotels, homeless shelters, and recreational and
other vehicles."
SECTION 2. This ordinance shall go into affect and be in full force and operation
from and after thirty (30) days after its final reading and adoption.
01067/0010/61010.03
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.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK I
day of 72008.
MANUEL LOZANO, Mayor
A
I l
Lj-%URA NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing ordinance was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on _, 2008. That there after
said Ordinance No. was duly approved and adopted at a regular meeting of the
City Council on by the following vote:
•
7 116TW111111111 •
U1 *.M: 4 ZI IffiIIIIIIIIIIIII IIIIII• __ ► •� I a k8l: a LT, 1 .01: 1
FTITO-M "T
w-. •
01067/0010/61010.03
a-
*1114 10011 ilk 12.3 •
COMMUNITY DEVELOPMENT COMMISSION
IEGULAR MEETING
SEPTEMBER 3,2008
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011
BkLDWIN
ManuelLozano
- Chair
Anthony J. Bejarano
- Vice Cha
Marlen Garcia
- Member
Monica Garcia
- Member
Ricardo Pacheco
- Member
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 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 cuaiquier tema que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse al Concilio o
a1guna de sus Agencias, podni hacerlo durante el
periodo de Comentarios del Pdblico (Public
Communications) anunciado an la agenda. A cada
persona se /e 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
REGULAR MEETING — 7:00 PM
Members: Marlen Garcia, Monica Garcia, Ricardo
V'acheco, Vice-Chair Anthony J. Bejarano and Chair
1
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 comisi6N
No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, 0 a menos que exista
a1guna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechias por personas, o 2) Dingir personal a investigar y1d fijar
asuntos Para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2]
CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be
approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in
which case, the item will be removed from the general order of business and considered in its normal sequence on the
agenda.
1. WARRANTS AND DEMANDS
Staff recommends Commission receive and file.
2. MINUTES
Staff recommends Commission approve the minutes of the August 27, 2008 meetings
(special and regular.)
REQUESTS AND COMMUNICATIONS
ADJOURNMENT
CERTIFICATION
1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty
of perjury under the laws of the State of California that the foregoing agenda was posted on
the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 28th day of
August 2008.
E Z' �
Laura M. Nieto
Deputy City Clerk
COMMISSION AGENDA
SEP - 08
ITEM NO,
COMMUNITY DEVELOPMENT COMMISSION
CITY OF BALDWIN PARK
September 3, 2008
CITY OF BALDWIN PARK
CHECK REGISTER
CHECK RANGE: 12970
- 12985
CHECK
STATUS.
IECK #
CHECK AMT
CHECK DATE VENDOR # ADDRS
VENDOR NAME
# DESCRIPTION
INVOICE # INV
VEND
AMOUNT
G/L ACCT #
-------------------------------------------
OUTSTANDING
12970
$23880.00
08/25/08 08688
0 ALESHIRE & WYNDER LLP
LEGAL SRV - BISNO PRJ
9132AAA
11820.00
804 -00- 000 - 20001- 14900 -1
806 -00- 000 - 20001- 14900 -1
LEGAL SRV - BISNO PRJ
80.00
806 - 00-000- 20001- 14900 -1
LEGAL SRV - BISNO PRJ
9319AA
11980.00
OUTSTANDING
12971
$99.60
08/25/08 08888
0 ARMA NDO HEGDAHL
TRANSLATE LETTER -JUN
070208 -01A
49.80
804 -00- 000 - 20001 - 14900 -1
49,80
806 -00- 000 - 20001 - 14900 -1
TRANSLATE LETTER -JUN
OUTSTANDING
12972
$72649600
8062000000- 20006614900 -1
CONSULT SRVEBISONOMTHRUCONSULTANTS 5 /1/08
BP200701 -13A
7264.60
804 -00- 000 - 20001 - 14900 -1
CONSULT SRV - BISNO 5/1/08
OUTSTANDING
12973
$9707.57
08/25/08 04275
836 -00 -000- 51101 - 14900 -2
0 HDL
AUDIT SRV -PROP TX
0013927 -INA
9631.07
76.50
831 -00- 000 - 51101- 14900 -2
AUDIT SRV -PROP TX
08/25/08 04899
0 KEYSER MARSTON ASSOCIATES,
INC.
OUTSTANDING
12974
$145.00
804 -00- 000 - 20001- 14900 -1
CONSULT SRV BISNO -JUN
0019137A
72.50
72.50
806 -00- 000 - 20001- 14900 -1
CONSULT SRV BISON -JUN
08/25/08 08767
0 KIRT COURY PLANNING AND ENVIRONMENTAL
OUTSTANDING
12975
$11330.00
5665.00
804 -00 -000- 20001 - 14900 -1
CONSULT -MAY
08 -05AA
2511.00
806 -00- 000 - 20001 - 14900 -1
CONSULT -MAY
08 -06A
3154.00
806 -00- 000 - 20001- 14900 -1
CONSULT BISNO -JUN
12976
$56.99
08/25/08 05154
0 MELECIO PICAZO
LNCH -SPEC PLN MTG
OUTSTANDING
28.50
804 -00- 000 - 20001 - 14900 -1
REIMB -LNCH MTG
28.49
806 -00- 000 - 20001 - 14900 -1
REIMB -LNCH MTG
$1991.50
08/25/08 06905
0 OVERLAND PACIFIC & CUTLER,
INC.
OUTSTANDING
12977
995.75
804 -00- 000 - 20001 - 14900 -1
MAY SPEC STUDY
0805355A
995.75
806 -00- 000 - 20001- 14900 -1
MAY SPEC STUDY
12978
$3.38
08/25/08 00779
0 SO. CALIF. EDISON
srv6 /10 /08- 7/9/08
OUTSTANDING
3.38
890 -00- 000- 53370 - 14900 -2
SRV 6/10 - 7/9/08
12979
$14000.00
08/25/08 09068
0 TOM BROHARD AND ASSOCIATES
2008 -24A
OUTSTANDING
7000.00
804 -00- 000 - 20001 - 14900 -1
TRAFF STUDY -APR
4200.00
806 -00- 000 - 20001 - 14900 -1
TRAFF STUDY -APR
2008 -29A
2800.00
806 -00- 000 - 20001- 14900 -1
TRAFF STUDY -MAY
12980
$12315.02
08/25/08 09069
0 URBAN FUTURE INC
BP200701 -14A
OUTSTANDING
3250.00
804 -00- 000 - 20001- 14900 -1
CONSULT - BISNO
BP200701 -15A
2907.51
804 -00 -000- 20001 - 14900 -1
CONSULT- BISNO JUN
6157.51
806 -00- 000 - 20001 - 14900 -1
CONSULT - BISNO JUN
12981
$6205.00
08/25/08 00828
0 VALLEY COUNTY WATER DIST
OUTSTANDING,
3102.50
804 -00- 000 - 20001 - 14900 -1
ENG FEES - BISNO PRJ
13800 - 2332 -3A
3102.50
806 -00- 000 - 20001- 14900 -1
ENG FEES - BISNO PRJ
Warrants Register No. 682
Page 2
TOTAL # OF ISSUED CHECKS: 16
TOTAL # OF VOIDED /REISSUED CHECKS: 0
TOTAL # OF ACH CHECKS: 0
TOTAL # OF UNISSUED CHECKS: 0
TOTAL AMOUNT:
167749.00
CITY OF BALDWIN PARK
0.00
TOTAL AMOUNT:
0.00
CHECK REGISTER
CHECK RANGE: 12970
- 12985
CHECK
HECK #
CHECK AMT
CHECK DATE VENDOR # ADDRS
# VENDOR NAME
STATUS
----------------------------------------------------------------------------------------------------------------------
AMOUNT
G/L ACCT #
DESCRIPTION
INVOICE #
INV VEND
12982
$70000.00
08/26/08 08765
0 ESA
OUTSTANDING
35000.00
806 -00- 000 - 20001 - 14900 -1
APR PROFESSIONAL SRV -BISNO
81121
35000.00
804 -00- 000 - 20001 - 14900 -1
APR PROFESSIONAL SRV -BISNO
12983
$2000.82
08/26/08 08688
0 ALESHIRE & WYNDER LLP
OUTSTANDING
690.41
836 -00- 000 - 51101- 14900 -2
LEGAL SRV -JLY SV /CNTRL BUS
9495
1310.41
834 -00- 000 - 51101- 14900 -2
LEGAL SRV -JLY SV /CNTRL BUS
12984
$1478.00
08/26/08 09028
0 LARES CONTRUCTION & ROOFING,
CORP.
OUTSTANDING
1478.00
890 -00- 000 - 53383 - 14900 -2
REHAB GRANT PRG
304A
12985
$6.92
08/26/08 00779
1 SO. CALIF. EDISON
OUTSTANDING
6.92
890 -00- 000 - 53370 - 14900 -2
SRV 4500 BRESEE
SRV7/9- 8/7/08
TOTAL # OF ISSUED CHECKS: 16
TOTAL # OF VOIDED /REISSUED CHECKS: 0
TOTAL # OF ACH CHECKS: 0
TOTAL # OF UNISSUED CHECKS: 0
TOTAL AMOUNT:
167749.00
TOTAL AMOUNT:
0.00
TOTAL AMOUNT:
0.00
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council
Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of
Baldwin Park met in SPECIAL SESSION at the above time and place.
ROLL CALL
Present: Council memher /Member Monica Garcia, Mayor Pro Tem/Vice
Chair Bejarano, Mayor /Chair Lozano.
Absent: Council member /Mernber Maven Garcia, Council
member /member Pacheco.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, City Clerk Rubio, Deputy City Clerk Nieto.
ADJOURN TO CLOSED SESSION OF • •
DEVELOPMENT • •
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Properties: 4249 Bogart Avenue Herminia DeLoera
4156 Bogart Avenue Luis & Irma Delgado
4150 -52 Bogart Avenue Johnathan A. Marquez
4134 Bogart Avenue Juan M. & Guadalupe Gutierrez
4118 Bogart Avenue Wallis C & Jolene Hannah
4145± Downing Avenue Agredano Properties LLC
14610 -12 Clark Street Peter R. Nasmyth
Page 1 of 3
14606 Clark Street
Benjamin & Helene Stovitz/Trust
4216 -20 Bogart Avenue
Lin Te Shih
4202 Bogart Avenue
Wilson S & Siu Seto
14626 Clark Street
Vidal & Gilbert Ramirez
4217 Downing Avenue
Ragon Corporation
4142 Downing Avenue
Pedro Ibarra
14714 Clark Street
Louise V. Sagade /Family Trust
15010 -014 Ramona Boulevard Manuel L & Hermilia Mota
4226 Park Place Fernando & Guillen, Eva Robles
4143 -58 Maine Avenue
Narendra & Usha Gupta
4147 -51 Maine Avenue
Narendra & Usha Gupta
14300 Ramona Boulevard
Wayne R & Valda Fletcher
4140 -42 Bogart Avenue
Jose Raygoza
4232 Bogart Avenue
Salvador & Eva Cordova
4226 -28 Bogart Avenue
Refugio I & Maria Soria
4209 Downing Avenue
Paul W & Rosa Yee Family Trust
4219 Downing Avenue
Tong G Wu
4221 Downing Avenue
Limin Cao
14439 -41 Palmrose Avenue
Melba & Glen Johnson
4137 Puente Avenue
Stephanie Monroe
4221 Elton Street Peter J & Rita Bustillos
4229 Park Place Jesus G & Smith William Llamas
4124 Maine Avenue
Roxbury Properties
4232 Park Place Juan J. Curiel
Commission Negotiators: Vijay Singhal and Joe Pannone
Page 2 of 3
Negotiating Parties: Above -named property owners
Under Negotiation: Terms and conditions
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
Mayor Lozano stated that there was no action to report.
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 7:00
p. M.
Approved as presented by the Council / Commission at their meetings held
September 3, 2008.
Laura AA 1'_1_
aura IVI. IVI1e o
Deputy City Clerk
Page 3 of 3
CITY OF BALDWIN PARK
COMMUNITY DEVELOPMENT
COMMISSION
MINUTES
WEDNESDAY, AUGUST 27,
2008
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica 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
FO- Member 1101ar let Garcia, Member Monica p Garcia, Member
Pacheco, Vice Chair Bejarano, 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,
Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk
Rubio, Deputy City Clerk Nieto.
PUBLIC COMMUNICATIONS
o► ► ►il_.
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Member Monica Garcia.
1. MINUTES
Commission approved the minutes of the August 6, 2008 meeting (special and
regular.)
/_1 oil [QIIN01►yiI =10k
There being no other matters for discussion the meeting was adjourned at 8:11
p.m.
Approved as presented by the Commission at their meeting held September 3,
2008.
Page 1 of 2
Laura M. Nieto
Deputy City Clerk
Page 2 of 2