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HomeMy WebLinkAbout2008 09 17TO THE MEMBERS • THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, SEPTEMBER 17, 2008 AT 6:00 PM at City Hall Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: September 11, 2008 "original signed" Manuel Lozano Mayor 1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as Y required by law on September 11, 2008. J&0)70* Laura M. Nieto Deputy City Clerk City Council & Community Development Commission Special Meeting Agenda — September 17, 2008 s ♦ <• SPECIAL MEETING OF THE COUNCIL CITY COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 17,2008 • !! PM CITY HALL - COUNCIL CHAMBEX 14403 E. PACIFIC BALDWIN PARK, CA • • • 960-4011 Manuel Lozano - Mayor /Chair Anthony J. Bejarano - Mayor Pro Tem/Vice Chair Marlen Garcia - Council Member /Member Monica Garcia - Council Member /Member Ricardo Pacheco - Council Member /Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. City Council & Community Development Commission Special Meeting Agenda — September 17, 2008 COMENTARIOS DEL PUBLiCO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de ° sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A calla persona se le permite hablar por cinco (5) minutes. Hay un interprete para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:00 PM Council members/Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem/Vice Chair Anthony J. Bejarano and Mayor/Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESiGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUiERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na 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 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] COMMISSION Title: Community Development Manager 2. CONFERENCE WITH LABOR NEC A) Agency Negotiators: Employee Organization (s): B) Agency Negotiators: Employee Organ ization(s): ;OTIATOR (GC §54957.6) Vijay Singhal, Chief Executive Officer Police Management Employee Association, Community Development Manager Vijay Singhal, Chief Executive Officer & Manuel Lozano, Mayor Executive Team , I Properties: 12911, 12999, 13135 and 13329 Garvey Avenue; 13100 Dalewood Street Agency Negotiators: Vijay Singhal and Joseph Pannone City Council & Community Development Commission Special Meeting Agenda — September 17, 2008 Negotiating Parties: Regency Outdoor Advertising Under Negotiation: Terms and conditions for encroachment into the public right - of -way 4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION GC §54956.9(b) One (1) Case CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated September 11, 2008, Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard.) For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at Inieto Qbaldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE il) City Council & Community Development Commission Special Meeting Agenda — September 17, 2008 A s item IWAI SEPTEMBER 17,2008 III 0 ',o COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano Anthony J. Bejarano Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING iS iN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. 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 CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano ANNOUNCEMENTS ® Proclamation proclaiming September 22nd as Family Day in the city of Baldwin Park PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podraromar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista aig6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar 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 Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file the report. 2. MINUTES Staff recommends City Council approve the minutes of the September 3, 2008 meeting (regular.) 3. 2nd READING OF ORDINANCE NO. 1322 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No 1322 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION City Council Agenda — September 17, 2008 Page 2 133.01 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO REGISTERED SEX OFFENDERS." 4. PROPOSED INCREASE FOR EXISTING ENTITLEMENT APPLICATION FEES IN THE COMMUNITY DEVELOPMENT DEPARTMENT Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE SETTING OF FEES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PLANNING DIVISION." Staff recommends City Council: 1) (i) find and determine that it would be uneconomical to follow the City's existing purchasing procedures since the vehicles are available at lower prices if purchased through an existing contract with the County (ii) that the public welfare would be promoted by dispensing with the purchasing procedures; and 2) waive formal bidding procedures and authorize staff to utilize the Los Angeles County bid for the purchase of three (3) Toyota Prius Hybrid vehicles; and 3) Authorize the Assistant Finance Manager to appropriate $84,193 from fund 231 Revenue Account 231.40.000.41400.00000.2 to Expenditure Account Fleet Services 60.621.58110.00000.2. 6. APPROVAL OF A LICENSE AGREEMENT WITH T- MOBILE FOR THE INSTALLATION AND OPERATION OF WIRELESS COMMUNICATION FACILITY LOCATED WITHIN THE HILDA SOLIS PARK (LOCATION: 15010 BADILLO STREET; APPLICANT: LUCIA ORTEGA, REPRESENTING T- MOBILE; CASE NO. PR 07 -50) Staff recommends City Council approve the License Agreement with T- Mobile and authorize the Chief Executive Officer to finalize and execute the Agreement. 7. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES - CHRISTIANSEN AMUSEMENTS Staff recommends that the City Council approve the agreement and authorize the Mayor to execute the necessary documents. 8. APPROVAL OF A LICENSE AGREEMENT FOR WALGREEN CO. TO USE A PORTION OF RAMONA BOULEVARD FOR LANDSCAPING AND PARKING PURPOSES Staff recommends City Council approve a license agreement with Walgreen Co. (property owner,) authorize the Mayor to execute the Agreement and authorize the Director of Public Works to enforce the terms of the agreement. CORRIDOR Staff recommends City Council authorize staff to support the Transit Feasibility Study and to allocate $7,000 from the unallocated Proposition C Fund (Fund 118.) 10. REQUEST FOR A RATE INCREASE BY SOUTHLAND TRANSIT INC., FOR FUEL COSTS Staff recommends City Council approve the request by Southland Transit for an increase to the service hour fee in the amount of $40.53 for FY 2007 -08 and $43.09 for FY 2008 -09 respectively, for the purpose of offsetting the increase in fuel costs. City Council Agenda — September 17, 2008 Page 3 11. RELEASE OF A PORTION OF THE CITY YARD LOCATED AT 13135 E. GARVEY AVENUE FROM LEASE TO FINANCING AUTHORITY DUE TO ACQUISITION BY CALTRANS (Related Item on Finance Authority Consent Calendar Agenda) Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -058 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE RELEASE OF CERTAIN PROPERTY RELATED TO CERTIFICATES OF PARTICIPATION (ENERGY CONSERVATION AND RETROFIT FINANCING PROGRAM) DUE TO THE THREAT OF EMINENT DOMAIN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH" and release said portion of the property located at 13135 East Garvey Avenue subject to the financing lease due to eminent domain award from CalTrans. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 12. PUBLIC HEARING TO CONSIDER A RESOLUTION IN SUPPORT AND APPROVAL OF AN APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Staff recommends City Council conduct the public hearing and following public hearing, waive further reading, read by title only and adopt Resolution No. 2008 -052 entitled, °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION 13. 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 (Continued from September 3, 2008) Staff recommends City Council continue the public hearing and following the public hearing approve Option #1 — Denying the Request (deny 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(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 -32, TM- 61345; LOCATION: 3940 -3948 WALNUT STREET; APPLICANT: D.C. CORPORATION." City Council Agenda — September 17, 2008 Page 4 14. PUBLIC HEARING TO CONSIDER APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; APPROVAL OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE MODIFYING THE DEFINITION OF A DEPARTMENT STORE AND APPROVAL OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A FINANCIAL INSTITUTION WITHIN AN EXISTING WAL -MART DEPARTMENT STORE BUILDING (APPLICANT: E -1 FINANCIAL CREDIT UNION; LOCATION: 3250 BIG DALTON AVENUE; CASE NO.: AZC -161 AND CP -750) Staff recommends City Council conduct the public hearing and following the public hearing 1) waive further reading, read by title only and adopt Resolution No. 2008 -026 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO THE DEFINITION OF DEPARTMENT STORE; AND 2) waive further reading, read by title only and introduce for first reading, Ordinance No. 1317 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 153.003 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE DEFINITION OF DEPARTMENT STORE; AND 3) waive further reading, read by title only and adopt Resolution No. 2008 -027 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT ALLOWING A FINANCIAL INSTITUTION WITHIN AN EXISTING WAL -MART DEPARTMENT STORE BUILDING WITHIN THE FC(SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE PURSUANT TO SECTION 153.152(D) OF THE CITY'S MUNICIPAL CODE.l, ••• • • USIA 15. ORDINANCE ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS Staff recommends City Council waive further reading, read by title only and introduce for first reading, Ordinance No. 1321 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS; APPLICANT: CITY OF BALDWIN PARK 16. CITY CLERKS CERTIFICATION OF SIGNATURES SUBMITTED W SUPPORT OF AN INITIATIVE FOR POLICE SALARIES Staff recommends City Council order the Chief Executive Officer to prepare a report as described in California Elections Code Section 9212 and direct the City Attorney to prepare a legal analysis relating to the initiative. 101MMMIK41111 0 Lei 1 0 COMMUNICATIONS City Council Agenda — September 17, 2008 Page 5 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 11th day of September 2008. Laura M. Nieto 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 d 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 information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e- mail at Inieto baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — September 17, 2008 Page 6 1 /1 BALDWIN P,A,R,K TO: FROM: DATE: SUBJECT: la 11 Honorable Mayor and Members of the City Council Rose Tam, Assistant Accounting Manager September 17, 2008 Warrants and Demands 2008 SEP 17 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 179413 = 179518 Inclusive, voids: 179413, 179420. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 015369 — 015680 for the period of August 10, 2008 through August 23, 2008 inclusive, have been presented and hereby ratified, in the amount of $450,015.76. General Warrants, including check numbers 170908 to 171095 inclusive, in the total amount of $637,332.60 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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Ill O m H m H [l- m l- 1D O m m h N m w N O m m m lD lD O M lD IT dl l0 m m H O lD f� In O lD m o r O r lD Ln d (3 Ol l0 lD H M l0 H H M H F F z W W H Qx x a n W E W E U' U) U H (,G H X!� (0 h H a W U H U a 0 E FCcHn aWW�HHxz QC7W E W x UU HaUH ZZcl) L CO GW wcGFC HH HH00 U E aa,>0 �aLwF -I ° HH a�m�gw0x �u9 amomcnwxEZaEl HZH'H) W w0W loaMx4X0 W M 0aM q Z QWEHOma wWEx Ica wQ WQOmrxw Z Z14 O�D U U w U x g a g a H w H E M x a O r to O H O l0 N O H N M H H H t) O m O N N M ,I' d' m 10 O O O O o o o H H N N N N N N N N d' 'p dl UI m m m H m m 0 H H 0 N M M r M lD F O H CITY OF BALDWIN PARK CITY COUNCIL MINUTES 03, 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 ANNOUNCEMENTS Mayor Lozano closed in memory of his friend Joseph R. Cordero, city of Burbank employee ROLL CALL Present: Council member Marlen Garcia, Council member Monica Garcia, Council member Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS PUBLIC COMMUNICATIONS Representative from Assemblymember Hernandez requested donations for the Page 1 of 6 Schools for Tools program. Ernie Cardona, resident, joined by Monty Montenegro thanked the Council and staff for permitting him to install a flag pole in his yard. Humberto Montenegro on behalf of the VFW thanked the Council for permitting a Veteran to install a flag pole to fly the American flag in his yard William Trung, resident representing ACT. Commented on tobacco matters in the city Mayor Lozano, Council members Marlen Garcia and Pacheco congratulated the students for the positive efforts they have taken and their community involvement. Mayor Lozano requested that the group and their efforts be recognized in the next issue of the NOW. Council member Monica Garcia commended the students on the leadership roles that they had taken in the community and further recognized the coordinators of the group. Leona Lu, Nellie Garcia and Juan Espinoza residents spoke on tobacco related issues in the city Pastor Elmer Jackson, Christ Extended Hand Church announced a back -to- school event and invited the community to attend Thomas Carey, resident commented on the invocation and the proposed downtown revitalization Cecilia Lee, business owner addressed the issue of the exclusion of owner - occupied properties from the proposed downtown redevelopment project Rachel Marquez, resident on behalf of her family thanked the Council for their recognition of her son Everett, who is serving in Iraq. Public Communications were closed at 7:31 p.m. Council member Pacheco commented on the invocation CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Council member Marlen Garcia, seconded by Council member Pacheco. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF SEPTEMBER 3, 2008 - SEPTEMBER 16, 2008 Page 2 of 6 City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES City Clerk was directed to amend the minutes to reflect the comments regarding community outreach related to the proposed downtown redevelopment project City Council approved the amended minutes of the August 27, 2008 meetings (special and regular.) 4. APPROVAL OF MEMORANDA OF UNDERSTANDING FOR THE SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU) AND THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION (CMEA) City Council waived further reading, read by title only adopted 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 authorized the Chief Executive Officer and the Human Resources Manager to execute the respective MOUs. 5. NOTICE OF COMPLETION - JULIA MCNEILL SENIOR CENTER City Council 1) accepted the improvements constructed by CWS Systems, Inc.; 2) authorized staff to record a Notice of Completion; and 3) authorized 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 WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS City Council waived further reading, read by title only and adopted 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." SET MATTERS - PUBLIC HEARINGS 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 Page 3 of 6 Associate Planner Lopez presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor: -Mark Sellers, attorney representing the applicant Seeing no further interest, the public hearing was closed. Council member Monica Garcia inquired about the status of the facility that was currently on the property and that the re- designation makes sense. In response to an inquiry from Council member Monica Garcia staff advised that this was the location where there was currently a wireless antenna and that it would have to be relocated. She requested that staff pay attention to the current use on the site and the aesthetics. In response to an inquiry from Mayor Lozano staff advised about the specific location of the property in question. Council member Pacheco inquired about the intent of the property owner in changing the designation. Motion: 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." Moved by Council member Pacheco, seconded by Council member Marlen Garcia. 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 Mayor Lozano opened the public hearing for those wishing to speak in favor: —NONE In opposition: Page 4 of 6 - Thomas Carey, resident Speaker Carey was advised that this is a project that had already been approved and constructed and the matter was related to the homeowners' association. Mayor Lozano continued the public hearing to the meeting of September 17, 2008. REPORTS OF OFFICERS 9. FIRST READING OF ORDINANCE NO. 1322 Chief Hadsell presented the report to the Council Motion: 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." Moved by Council member Pacheco, seconded by Mayor Pro Tern Bejarano. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COi'v1MUNiCA T iOiJS 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 Council member Pacheco commented on the decision that was made to exclude the owner - occupied residential properties from the proposed redevelopment project and his past request to discuss this matter. Further commented that he wanted to ensure compliance with the Brown Act and that the entire Council be informed. ADJOURNMENT There being no father matters for discussion the meeting was adjourned in memory of Joseph R. Cordero at 7:50 p.m. Approved as presented by the Council at their meeting held September 17, 2008. Laura M. Nieto Page 5 of 6 Deputy City Clerk Page 6 of 6 I FIR, BALDWIN P A, R, K C/I Y OF BALDWIN PARK SEP 17 2008 A GENDA S TA FF REPOR T TO: Honorable Mayor and Members of the City Council FROM: Lili Hadsell, Chief of Police DATE: September 17, 2008 SUBJECT: 2nd READING OF ORDINANCE NO. 1322 PURPOSE The purpose of this staff report is to request City Council adopt on second reading Ordinance No. 1322. BACKGROUND At its meeting of September 3, 2008, the City Council introduced Ordinance No. 1322 for first reading. In order for the ordinance to become effective, it must be adopted on second reading. Once adopted the ordinance will take effect 30 days from the date of adoption. RECOMMENDATION, Staff recommends City Council waive further reading, read by title only and adopt on second 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." Attachment: • Ordinance No. 1322 lslflgre '� / 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. APPROVED, and ADOPTED this day of 7 2 0 0,'j.- MANUEL LOZANO, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LAURA NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the 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: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: LAURA NIETO, DEPUTY CITY CLERK 01067/0010/61010.03 1 1 1 C:\Amy\AMY\WORD \Reports \Council Reports \cd Fees Increase 9 -08 #2.DOC ATTACHMENT `A' EXISTING AND PROPOSED FEES AND RESPECTIVE INCREASES tN I TLEMb NT ;,PERCENTAGE APP"L,,,,.,icATioN,TYPE =FEE FEE. INCREASE ;INCREASE -,,ETW, EW B. VE -OL D . . . .. . 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Y U T ca (il Y U N RS U V) a O O 0) i rT 0) w O N 0- C O Q .. i 0 a ,T. a= Q ._ E 0 CC C a 0) Q ._ E Q � c U U O O X O O c c U U a) x 0 LL W N m c U U O c X O W W O 0) = U U O X O f=- cC O W o�.S� E ¢ «Y y W J Z yn.s� E QQZ w 0 W J z .oya� E Q¢z T �N '�, n W J a�,�� E Qa T 2 w v) T E o .� E T N E n E T �- G n w> E a) E T F- Q: T'� E Q E T E- N N -O N L O L- _T to a a L O L- O J (n 0) "" a a) L O L- O J w a U L 0 L- O QQCU¢0UUUU QUQ0UUUU I-- (L QQ Q0UUUU F- a.0000UUUU F- C N O -VI O(D a) _ C r+ 'V C C ,�; d 3 Q) N V a a a ¢ a ¢ o. nm 1 C:\Amy\AMY\WORD \Reports \Council Reports \cd Fees Increase 9 -08 #2.DOC SURROUNDING CITIES FEE SURVEY Proposed Fee $ difference between BP proposed fee and Average % difference between BP proposed fee and Average $1,500 DEMOGRAPHICS $2,900 $2,900 $2,400 $800 FEES - $188.15 - $736.00 - $493.17 CENSUS 2000 PERSONS/ - $89.12 APPEALS CITIES POPULATION SO. MILES SQ. MI. -11.1% CUP FEE ZV FEE AZC FEE AGP FEE ZC TO CC 1 WALNUT 30,004 8.78 3,417.31 $1,890.00 $1,890.00 $2,500.00 $2,500.00 $2,500.00 $1,128.00 2 LAVERNE 31,638 8.50 3,722.12 $2,000.00 $1,500.00 $2,000.00 $2,000.00 3 MONTCLAIR 33,049 4.00 8,262.25 $2,215.00 $1,865.00 $2,625.00 $3,510.00 $2,240.00 $1,245.00 4 TEMPLE CITY 33,377 180 8,783.42 $756.00 $456.00 $910.00 $756.00 5 CLAREMONT 33,998 14.14 2,404.38 $1,500.00 $1,000.00 $3,000.00 $3,000.00 $2,500.00 6 SAN DIMAS 34,980 15.00 2,332.00 $1,000.00 $900.00 $3,000.00 $3,350.00 $3,000.00 $100.00 7 MONROVIA 36,929 13.75 2,685.75 $1,020.00 $1,020.00 $2,160.00 $2,160.00 $330.00 8 SAN GABRIEL 39,804 4.09 9,732.03 $1,975.00 $2,180.00 $3,170.00 $3,165.00 $3,170.00 $790.00 9 LA PUENTE 41,063 3.48 11,799.71 $3,377.00 $1,847.00 $3,075.00 $2,994.00 $537.00 10 AZUSA 44,712 10.12 4,418.18 $3,804.00 $3,919.00 $10,200.00 $5,000.00 $649.00 11 COVINA 46,837 7.00 6,691.00 $3,240.00 $3,580.00 $5,600.00 $6,950.00 $5,600.00 $1,130.00 12 GLENDORA 49,415 19.00 2,600.79 $1,845.00 $1,690.00 $2,390.00 $2,415.00 $2,000.00 13 ARCADIA 53,054 11.00 4,823.09 $907.50 $1,052.50 $1,700.00 $1,670.00 $2,000.00 $540.00 14 ROSEMEAD 53,505 5.50 9,728.18 $875.00 $975.00 $950.00 $1,050.00 15 DIAMOND BAR 56,287 14.80 3,803.18 $2,000.00 $2,000.00 $4,000.00 $5,000.00 $4,000.00 16 MONTEREY PARK 60,051 7.72 7,778.63 $937.00 $827.00 $882.00 $1,456.00 $882.00 $441.00 17 MONTEBELLO 62,150 8.20 7,579.27 $1,119.00 $1,119.00 $3,180.00 $3,020.00 $2,149.00 $523.00 18 CHINO 68,003 31.00 2,193.65 $6,704.00 $3,480.00 $3,449.00 $5,101.00 $5,293.00 $2,527.00 19 UPLAND 68,393 15.30 4,470.13 $1,800.00 $1,400.00 $2,900.00 $3,500.00 $3,500.00 $655.00 20 ALHAMBRA 85,804 7.65 11,216.21 $1,010.00 $965.00 $1,045.00 $1,010.00 $275.00 21 WHITTIER 87,190 14.80 5,891.22 $2,233.00 $844.00 $3,798.00 $6,973.00 $3,082.00 $895.00 22 WEST COVINA 105,080 17.00 6,181.18 $1,418.00 $1,418.00 $1,4181.00 $1,418.00 23 ELMONTE 115,965 10.00 11,596.50 $2,300.00 $2,900.00 $11,100.00 $4,700.00 $4,700.00 $1,350.00 AVERAGE 55,273 11.07 6,178.70 $1,996.76 $1,688.15 $3,636.00 $3,393.17 $2,757.35 $889.12 BALDWIN PARK 75,837 6.80 11,152.50 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,800.00 $500.00 $ difference between BP and Average 20,564 -4.27 4,973.80 - $996.76 - $688.15 - $1,136.00 - $893.17 - $95735 - $389.12 % difference between BP and Average 27.1% -62.8 % 44.6 /° -99.7% -68.8% - 45.4% -35.7% - 53.2% -77.8 Proposed Fee $ difference between BP proposed fee and Average % difference between BP proposed fee and Average $1,500 $1,500 $2,900 $2,900 $2,400 $800 - $496.76 - $188.15 - $736.00 - $493.17 - $357.35 - $89.12 -33% - 12.5% -25.4% - 17.0% -14.9% -11.1% The proposed BALDWIN PARK Fees $1,500.00 $1,500.00 $2,900.00 $2,900.00 $2,406,00 $800.00 $ difference between proposed fee and old fee: $500.00 $500.00 $400.00 $400.00 $600.00 $300.00 % diferrence between proposed fee and old fee: 33.3% 33.3% 13.8% 13.8% 25.0% 37.5% 1 • 11: 1 C:\Amy\AMY\WORD \Reports \Council Reports \cd Fees Increase 9 -08 #2.DOC RESOLUTION NO. 2008-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE SETTING OF FEES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PLANNING DIVISION. WHEREAS, Resolution 2008-023 generally sets forth the costs for the issuing and processing and filing of various City services and permits; and WHEREAS, the City Council desires to revise the fee schedules relating to Planning Division entitlement application fees as set forth in Resolutions 2001-054, 2002-007, 2004-049; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, AS FOLLOWS: Section 1. On the effective date described in Section 4, below, The cost of issuing, processing, filing permits and the use of City Services shall be in accordance with the attached Schedule of Fees and Charges, attached hereto and incorporated herein as Exhibit 'A'; and Section 2. On the effective date described in Section 4, below, the fee schedules set forth in Exhibit 'A' supercede those fee schedules provided in Resolutions 2001-054, 2002-007, and 2004-049 relating to Planning fees; and Section 3. All fees set forth in Resolutions 2001-054, 2002-007, 2004- 049 that are not in conflict with those established by this Resolution shall remain in full force and effect; and Section 4. The fees established in Exhibit A shall become effective sixty (60) days after the effective date of this Resolution; and Section 6. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. 11 PASSED AND ADOPTED this 17"' day of September, 2008. V MO.- ATTEST: LAURA NIETO, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) 1, LAURA NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. PC 2008-023 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 17th day of September, 2008 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: LAURA NIETO, DEPUTY CITY CLERK Exhibit `A' ENTITLEMENT FILING FEES ENTITLEMENT NAME NEW APPLICATION FEE Conditional Use Permit $1,500 Amendment to the Zoning Code $2,900 Amendment to the General Plan $2,900 Zone Change $2,400 Zone Variance $1,500 Appeals to the City Council $800 pilaw BALDWIN P,A•R,K CITY OF BA W/N PARK 1 SEP 17 2008 ITEM NO. REPORT TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manage DATE: September 17, 2008 SUBJECT: Proposed Increases for Existing Entitlement Application Fees in the Community Development Department The purpose of this report is to update the existing entitlement application fees for the Planning Division within the Community Development Department. BACKGROUND /DISCUSSION After a review of the Planning Division's entitlement application fees, it was determined that some of the fees have not been increased since prior to 1990. At the time, when the fees were adopted, it was determined the fees did not exceed the then actual cost of providing the particular services provided. However, today, the existing fees cover substantially less than the actual cost of the staff time required to review and process the respective entitlement application. In order for fee increases and proposed fees to meet legal standards, those fees cannot exceed the actual cost to provide the related services (including staff time and overhead). Attachment `A' identifies each entitlement application fee under consideration, the proposed fee, the dollar increase and a percentage increase. Justification for these fees is included as Attachment `B'. The fees the Planning Staff is proposing to increase are the `service oriented' fees in which planning staff provides a service such as reviewing, analyzing, and making recommendations on entitlement applications. In general, staff is proposing to increase the fees for the listed entitlements by an approximate average of 26 %. With this increase, the City would be able to recover an average of 93% of the actual cost of providing the services. Currently, compared with similar size cities in the San Gabriel Valley, Baldwin Park Planning fees are about 63.5% below average. The proposed increase would bring Baldwin Park Planning fees to about 19% below the San Gabriel Valley average (see Attachment B). Planning Division Fee Schedule Modification September 17, 2008 Page 2 NOTICE Due to the type of fees being increased, staff posted notices in three (3) public places within the City (City Hall, Community Center and Barnes Park) and published a notice of the proposed fee increase in the San Gabriel Valley Tribune on September 4, 2008. In addition, pursuant to State law, the increased fees cannot become effective until 60 days after Council approval. The approval of the new fee schedule will go towards offsetting costs associated with the provision of services within the Planning Division. An analysis of the actual costs for those services has been prepared and has determined the increased fees will not exceed the cost of the work performed (reference Attachment `B'). Based upon the average number of application submittals in the past three (3) years, it is anticipated the proposed increase in the Planning Division's entitlement fees would generate an average increase of approximately $5,000 annually. This report has been reviewed and approved by the City Attorney's Office as to legal form and content. •; , � 1 Wili Staff recommends the City Council adopt Resolution 2018 • 40F THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING TH 9,ETTING OF FEES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOU CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PLANNIN41 DIVISION." ATTACHMENTS *Attachment, `A' Proposed Entitlement Fees *Attachment, `B' Justification for Proposed Fees *Attachment, `C' Resolution 2008 -023 REPORT PREPARED BY: Amy L. Harbin, City Planner C:\Amy\AMY\WORD \Reports \Council Reports \cd Fees Increase 9 -08 #2.DOC SUBJECT: APPROVAL TO PURCHASE VEHICLES AND APPROPRIATION OF FUNDS TO FUND 231. The purpose of this report is to request the City Council to authorize the purchase of three (3) Hybrid Prius vehicles under the Los Angeles County Bid and appropriate funds to the Air Quality Management District (AQMD) Fund (Fund 231) for the purchase. BACKGROUND AND DISCUSSION Each year the City receives approximately $75,000 from the AQMD with the condition that the money be specifically utilized for projects that reduce emissions. As of August 6, 2008 there is an estimated balance of approximately $330,000 in the Fund 231. The AQMD allows Fund 231 money to be utilized toward the purchase of alternative fuel vehicles. After reviewing the City's fleet, staff is recommending that the City purchase three (3) Toyota Prius Hybrid vehicles to promote our efforts to save costs and become a "green City. These vehicles can be purchased in accordance with the Los Angeles County Bid from an authorized dealer at the County's net cost. As a result, Staff is requesting a waiver of the formal bid process. This would allow staff to procure the vehicles at a lower cost with a County authorized dealer. Whenever the City Council finds it in the best interest of the public and fiscally beneficial, the City may purchase City supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies without complying with the requirements of Section 34 of the City Ordinance Code, Section 34.23 (C) provides for the City Council to waive formal bidding procedures: When the City Council by four - fifths vote determines to dispense with such bidding and other procedures required in any individual instance upon finding by the Council that it would be impractical, useless, or uneconomical in such Purchase of Vehicles and Appropriation of Funds September 17, 2008 Paqe 2 instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same. FISCAL IMPACT There will be no fiscal impact on the General Fund. Fund 231, which consists of monies forwarded to the City from the AQMD for the purpose of reducing vehicle emissions and currently has $330,000 in available monies, will incur the entire $84,193 purchase cost of the Toyota Prius Hybrid vehicles. RECOMMENDATION Staff recommends that the City Council: 1) The City Council find (i) that it would be uneconomical to follow the City's existing purchasing procedures since the vehicles are available at lower prices if purchased through an existing contract with the County and (ii) that the public welfare would be promoted by dispensing with the purchasing procedures; and 2) Waive formal bidding procedures and authorize staff to utilize the Los Angeles County bid for the purchase three (3) Toyota Prius Hybrid vehicles; and 3) Authorize the Assistant Finance Manager to appropriate $84,193.00 from the Fund 231 Revenue Account (231.40.000.41400.00000.2) to Expenditure Account Fleet Services (60.621.58110.00000.2) Report Prepared by: Amy Harbin, City Planner Maria Moreno, Acting Operations Supervisor MA id� gL#ZA"- STAFF REPORT P - A - R - K TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, Community Development Manage4_:___ SUBJECT: Approval of a License Agreement with T-Mobile for the installation and operation of wireless communication facility (Mono - broadleaf) located within the Hilda Solis Park; (Location: 15010 Badillo Street - Hilda L. Solis Park; Applicant: Lucia Ortega, representing T-Mobile; Case No.: PR 07-50). This report requests City Council approval of a license agreement with T-Mobile for the installation and operation of wireless communication facility in the form of a mono- broadleaf tree at Hilda L. Solis Park (formerly known as Central Park West). On December 17, 2007, the Planning Division received a Design Review application (PR 07-50) for the installation of a mono-broadleaf pole within Hilda L. Solis Park (the "Park") between the existing basketball courts and the interior parking lot north of the outdoor picnic table area. Initially, staff wanted a design that would have the least aesthetic impact and a location that would be least destructive to the overall use of the park. As a result, the City's Design Review Committee approved a design that included a monopole in the form of a broadleaf maple tree with an associated ground equipment shelter located immediately west of the service road abutting the Big Dalton Wash. According to the site plan and elevations (Attachment #1), the unmanned broadleaf will be sixty (60) faint in height located adji-acent to a 10' X 34' equipment chaltar. The mono-broadleaf tree will accommodate a total of twelve (12) antennas divided equally into three (3) sectors. The shelter will house six (6) equipment cabinets and will be enclosed with an 8' high chainlink fence with a chainlink roof. Landscaping will be provided around the perimeter of the shelter for additional screening. License Agreement As part of the approval process, staff coordinated a discussion and review of a license agreement between T-Mobile and the City. Attached is the proposed License Agreement, signed by T-Mobile (Attachment #2), which would grant T-Mobile a long- T- Mobile License Agreement September 17, 2008 Pace 2 of 3 term license for the installation and operation of the mono - broadleaf and the ground equipment shelter in the area of the Park described above. The initial term of the license would be for 5 years, with T- Mobile having the option to extend that term for 5 additional five -year periods; so the total term of the License Agreement could be 25 years. According to the License Agreement, T- Mobile would pay a monthly fee of $1,995 ($23,940 per year) with a 4% annual increase. That monthly amount is consistent with other arrangements the City has with other wireless facilities located within the Morgan Park. In addition, the License Agreement requires T- Mobile to pay $7,500 within thirty (30) days after the Commencement Date, which is a one -time, non - refundable payment for the City to use for its legal costs associated with this license and towards park improvements. For purposes of the License Agreement, the Commence Date is the date T- Mobile actually begins construction of the antenna facilities, which must occur within 4 months after the City issues a conditional use permit for the facilities. The installation of the antenna facilities is fully subject to the City's land use entitlement process, including approval of a conditional use permit by the Planning Commission or City Council on appeal. The City is not obligated to issue the CUP. It should also be noted, according to Paragraph 1 of the Agreement, T- Mobile is paying the City an additional $7,500 to obtain a 15 -month option to activate the long -term license arrangement. That payment is due on or before the date the City signs the agreement. Only if T- Mobile activates the License Agreement by exercising that option will all other financial aspects and conditions of the License Agreement be realized. The option period will allow T -Mobil time to pursue the needed CUP. If the applicant opts to enter into the License Agreement, then it will generate $23,940 for the General Fund in the first year's term of the agreement and a total of $15,000 one -time payment ($7,500 received at the Effective Date and $7,500 received within 30 days after the Commencement Date). Staff has budgeted the revenue in the budget for `08 -'09. Ingeynna This report has been reviewed and approved by the City Attorney's Office as to legal form and content." • r� r Staff recommends the City Council approve the License Agreement with T- Mobile and authorize the Chief Executive Officer to finalize and execute that agreement. T- Mobile License Agreement September 17, 2008 Page 3 of 3 ATTACHMENT #1 - Site Plan, Floor Plan and Elevations #2 - T- Mobile Proposed License Agreement Report Prepared By: Salvador Lopez Jr., Associate Planner k # Site Plan, Floor Plan and Elevations 2007 A zi I m m m A T z z No. Lp A gz z gO pi �64 I'll w �Rn j m UP 'n I- z Mz -MA z 0 M Z Z o >0 1 x z�, > o PH -.0 z- z Xx CA z V i z- r- 0 . ..... . ... Q w r m r go. ■ ■ ■ 1 M DEC I > X I z -41 > A zi I m m m A T z z No. Lp A gz z gO pi �64 I'll w �Rn j m UP 'n I- z Mz -MA z 0 M Z Z o >0 1 x z�, > o PH -.0 z- z Xx CA z V i z- r- 0 . ..... . ... Q w r m r go. ■ ■ ■ 1 M DEC I > X I z -41 > REB� Rail 8 jgg� FEAR mill \ JAI a R }. aq� AasR1Gi� @ ?L�R�g Rill IIa aa11ligg Ill &Ali y9A z A @j� n6\ a a a s ppll' R R R R R R R R RKR AaS i V 4 y Y �p y7y g� R L, L, 1+ � l� k DEC' ( �(ryryry]J 0 lLj 6-10 N 14 rn -0 z cy 1 DEC} 2007 co glE jg 592 9N CA i :EI -1 �R-A��6 '9 1 R - P \ I p jJ al J1 ;I --------- -------- P- 0 uQ\ WOW RNI MAI 9 'N\ 6 oil DEC 1.7 2007 z z amp 00 > MO z :!! (A o F T- Mobile Proposed License Agreement SITE LICENSE WITH OPTION THIS SITE LICENSE WITH OPTION (this "License ") is by and between the City of Baldwin Park, a municipal corporation ( "Licensor ") and Onimpoint Communications Inc., a subsidiary of T- Mobile USA Inc., a Delaware Corporation ( "Licensee "). 1. Option to License (a) In consideration of the payment of Seven Thousand, Five Hundred and 00/100 Dollars ($7,500.00) (the "Option Fee ") by Licensee to Licensor, Licensor hereby grants to Licensee an option to license the use of a portion of the real property commonly known as Hilda Solis Park, located at 15010 East Badillo Street in the City of Baldwin Park with Assessor's Parcel No. 8554- 005 -900 and described in the attached Exhibit A (the "Property "), on the terms and conditions set forth herein (the "Option "). The Option shall be for a term of fifteen (15) months, commencing on the Effective Date (as defined below) (the "Option Period "). (b) During the Option Period FiREJ m4y i4ore8 and during the term of this License, Licensor agrees to cooperate with Licensee in obtaining, at Licensee's expense, all licenses and permits or authorizations required for Licensee's use of the Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ( "FCC ") ( "Governmental Approvals "), including all land use and zoning permit applications, and Licensor agrees to cooperate with Licensee, at no cost to Licensor, in Licensee's efforts to obtain a title report, zoning approvals and variances, land -use permits, and Licensor expressly grants to Licensee a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property necessary to determine that Licensee's use of the Premises will be compatible with Licensee's engineering specifications, system design, operations and Governmental Approvals (collectively the "Tests "). Licensee shall repair at its sole cost and expense any and all damage to the Property to the extent caused by Licensee, its agents or contractors in a good and workman -Like manner. Licensee agrees to conduct all Tests and activities on the Property in a manner that will minimize disturbance to surrounding residences and will not interfere with the normal and common use of the Property. Prior to performing any Tests on the Property or performing any activity which may disturb the Property, Licensee will first obtain Licensors prior consent which will not be unreasonably withheld, conditioned, delayed or denied and Licensee will schedule such activities at a time mutually agreeable to Licensor. Notwithstanding the foregoing, Licensee may not change the zoning classification of the Property without first providing written notice to Licensor. During the Option Period Licensor agrees that it will not interfere with Licensee's efforts to secure other licenses and permits or authorizations that relate to property other than the Property. During the Option Period Licensee may exercise the Option by so notifying Licensor in writing, at Licensor's address in accordance with Section 12 hereof. Notwithstanding anything to the contrary contained in this License, Licensor reserves all of its governmental authority and discretion to consider, approve, conditionally approve or deny any and all required land use entitlements or permits. (c) If Licensee exercises the Option, then, subject to the following terms and conditions, Licensor hereby licenses to Licensee the use of that portion of the Property sufficient for placement of the Antenna Facilities (as defined below) together with all necessary space, easements and Access Rights (defined below) for access and utilities as described and depicted in the attached Exhibit B or in accordance with the plans on file with Licensors Planning Division (collectively referred to hereinafter as the "Premises "). The Premises is comprised of approximately 550 square feet and located at 15010 East Badillo Street, commonly known as Hilda Solis Park in the City of Baldwin Park with APN: 8554- 005 -900. Licensee acknowledges that this License does not convey any interest in real property to Licensee. Licensor acknowledges that this License may only be terminated, withdrawn or revoked pursuant to the terms and conditions contained herein and that the Access Rights (as defined in Section 7(c) below) granted herein shall have the same Term as, and shall expire and /or terminate with, the expiration or earlier termination of this License. 2. Term. The initial term of the License shall be five (5) years commencing on the date Licensee commences construction of the Antenna Facilities (as defined in Section 7(a) below) or upon the exercise of the Option, whichever occurs earlier (the "Commencement Date "), and terminating at midnight on the last day of the calendar month occurring sixty (60) full calendar months after the Commencement Date (the "Initial Term "). Licensee shall notify Licensor in writing of the Commencement Date within seven (7) days of the Commencement Date. 3. Renewal. (a) Licensee shall have the right to extend this License for five (5) additional and successive five -year terms (each a "Renewal Term ") on the same terms and conditions as set forth herein. This License shall automatically renew for each successive Renewal Term unless either: (i) Licensee notifies Licensor, in writing, of Licensee's intention not to renew this License, at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term; or (ii) This License has been terminated, withdrawn or revoked in accordance with Section 8 of this License. (b) The Initial Term and each Renewal Term are collectively referred to herein as the "Term." 4. License Fee. (a) From and after the Commencement Date, Licensee shall pay Licensor or Licensors designee, as a monthly license fee of One Thousand Nine Hundred Ninety Five and 00 /100 Dollars ($1,995.00) per month ( "License Fee"), The first payment of the License Fee shall be due within twenty (20) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement T- Mobile #60164 v2 (Wireless Lease) Site License With Option Site Number: IE25380 -D CA Site Lease — version 1.3.08 Site Name: Central Park West Market: Inland Empire Date, and thereafter the License Fee will be payable monthly, in advance, by the fifth day of each month to Licensor at the address specified in Section 12 below. If this License is terminated, withdrawn or revoked for any reason (other than a default by Licensee) at a time other than on the last day of a month, the License Fee shall be prorated as of the date of termination and all prepaid License Fee shall be immediately refunded to Licensee. (b) During the Term of this License, upon each one (1) year anniversary of the Commencement Date, the License Fee will be increased by an amount equal to four percent (4 %) of the Licensee Fee then in effect. (c) In addition to the License Fee, within thirty (30) days of the Commencement Date, Licensee shall pay Licensor a one -time, non- refundable payment of Seven Thousand, Five Hundred and 00 /100 Dollars ($7,500.00) to cover Licensor's legal costs associated with this License and for Licensor's sole use towards park improvements. 5. Permitted Use. Subject to: (i) Licensor's prior written approval as may be required herein; and (ii)Licensee's compliance with all land use or other entitlements or permits applicable to the Antenna Facilities (as defined in Section 7(a)), the Premises may be used by Licensee for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, including, without limitation, antennas, microwave dishes, equipment shelters and /or cabinets and related activities. Licensee agrees to install all utility facilities such as cables, wires, and other similar devices or apparatus underground where feasible. 6. Interference. Licensee shall not use the Premises in any way which interferes with the use of the Property by Licensor, or lessees or licensees of Licensor with equipment installed prior in time to Licensee's installation. In addition to and notwithstanding the foregoing, Licensee shall not make use of the Premises in any way which materially interferes with Licensor's ordinary use of the Property for its governmental purposes and /or the public welfare whether or not such use occurs before or after Licensee's installations provided that Licensor shall use good faith efforts to conduct its governmental purpose and public welfare activities in a manner that does not interfere with Licensee if feasible. Subject to the foregoing, Licensor shall not use, nor shall Licensor permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Licensee. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this License immediately upon written notice. 7. Improvements; Utilities; Access. (a) Subject to applicable land use, entitlement and /or permit processes Licensee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and /or cabinets and related cables and utility lines and a location based system, including, without limitation, antenna(s), coaxial cable, base units, location based systems, and other associated equipment (collectively, the "Antenna Facilities "). Subject to applicable land use, entitlement and /or permit processes Licensee shall have the right to alter, replace, expand, enhance or upgrade the Antenna Facilities at any time during the term of this License. Licensee shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. The Antenna Facilities shall remain the exclusive property of Licensee and shall not be considered fixtures. Licensee, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence subject to Licensor's prior approval. Licensee shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this License. Upon the expiration or earlier termination, cancellation or revocation of this Licensee, Licensee shall remove Licensee's Antenna Facilities within thirty (30) days after the effective date of termination. Upon removal, Licensee shall ensure the Premises are in substantially the same condition existing as of the Commencement Date, less ordinary wear and tear or other casualty not caused by Licensee, its agents or contractors. Licensee shall be liable for any and all damage caused to the Property by removal of Licensee's Antenna Facilities. In the event that Licensee fails to remove Licensee's Antenna Facilities within such thirty (30) days, Licensor may, following notice to Licensee, remove Licensee's Facilities at Licensee's sole cost and expense. (b) Notwithstanding the foregoing, prior to the commencement of its construction, Licensee shall submit to Licensor plans and specifications (the "Plans ") for the installation showing the size, height and location of the material components of the Antenna Facilities including any necessary utility routes and/or proposed upgrades to utilities already existing on the Property. Licensor shall have the right to approve or reject the Plans and related documents in writing, in accordance with all applicable codes including the Baldwin Park Municipal Code sections 153.112 et. seq. and 153.630 et seq. Licensor's Planning Commission shah either approve or deny the Plans within ninety (90) days of Licensor's receipt of completed Plans. In the event Licensor objects to the Plans, Licensor's objections shall be clearly stated in writing and given in accordance with Paragraph 12 below whereupon Licensee shall have the right either to (a) resubmit the Plans in accordance with the same approval process as stated above, or (b) terminate this Agreement, whereupon the parties shall have no further obligations or liabilities to each other. Licensee may resubmit the Plans for approval by Licensor as many additional times as Licensee desires. (c) Licensee shall, at Licensee's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this License, normal wear and tear and casualty not caused by Licensee or its contractors or agents excepted. Upon termination or expiration of this License, the Premises shall be returned to Licensor in good, usable condition, -2- T- Mobile #60164 v2 (Wireless Lease) Site License With Option Site Number: IE25380 -D Site Name: Central Park West Market: Inland Empire CA Site Lease — version 1.3.08 normal wear and tear and casualty not caused by Licensee or its contractors or agents excepted. Removal of the Antenna Facilities shall be in accordance with Section 7(a) of this License entitled, `Removal ". (d) Subject to Licensor's prior written approval (which shall not be unreasonably withheld) and all applicable land use or other entitlement processes, Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Licensor agrees to use reasonable efforts in assisting Licensee to acquire necessary utility service. Licensee shall, wherever practicable, install separate meters for utilities used on the Property by Licensee. In the event separate meters are not installed, Licensee shall fully and promptly pay all charges for all utilities attributable to Licensee's use, operation and maintenance of Licensee's Antenna Facilities at the rate charged by the servicing utility provider. In no event shall Licensor be liable to Licensee for any power interruption, change in quality or failure of the supply of electricity or any other utility used by Licensee absent Licensors willful misconduct. Notwithstanding the foregoing, Licensor agrees to use good faith efforts to promptly seek restoration of any interrupted utility service from the servicing utility provider. (e) As partial consideration for the License Fee paid under this License, Licensor hereby grants Licensee an easement in, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this License and any Renewal Term (collectively, the "Access Rights "). The Access Rights provided hereunder shall have the same Term as this License and shall be as described and depicted on Exhibit `B" or on file with the Licensors Planning Division. (f) For regularly scheduled maintenance, Licensee shall have access to the Premises from 9:00 am until 7:00 pm Monday — Sunday for the Term of this License at no additional charge to Licensee (the "Normal Access Hours "). Notwithstanding the foregoing, Licensee agrees to provide Licensor with prior telephonic notice related to such maintenance activities and to reasonably schedule such visits at times agreeable to Licensor by contacting the Program Supervisor in the Recreation and Community Services Department. In the event of an emergency or service affecting condition that necessitates Licensee's access to the Premises outside of Normal Access Hours, Licensee shall be allowed to access the Premises without Licensor consent provided that: (i) Licensee shall attempt to notify Licensor at the telephone number listed in Section 12 below prior to such access; and (ii) Following such emergency access, Licensee shall provide Licensor with written notice of the access which shall include the duration of access as well as a description of the nature of the emergency. In accessing the Premises, Licensee agrees to conduct all maintenance on the Property in a manner that will minimize disturbance to surrounding residences and will not cause interference with the use of the Property by Licensor or other tenants or occupants of the Property as prohibited herein. 8. Termination / Revocation / Cancellation. Except as otherwise provided herein, this License may be terminated, revoked or cancelled without any penalty or further liability as follows: (a) by Licensor, upon thirty (30) days' written notice, if Licensee fails to cure a default for payment of amounts due under this License within that thirty (30) day period; (b) by Licensee, prior to the Commencement Date upon Licensee's notice to Licensor of unacceptable results of any title report, environmental or soil tests or if Licensee is unable to obtain, maintain, or otherwise forfeits or cancels any license (including without limitation an FCC license), permit or any Governmental Approval necessary to the installation and /or operation of the Antenna Facilities or Licensee's business; (c) by Licensee, upon thirty (30) days' written notice if the Property, the Building or the Antenna Facilities are, or become unacceptable under Licensee's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong; (d) by Licensee, immediately upon written notice to Licensor, if the Premises or the Antenna Facilities are destroyed or damaged so as in Licensee's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Licensee shall be entitled to the reimbursement of any License Fee prepaid by Licensee. If Licensee elects to continue this License, then all License Fee shall abate until the Premises and /or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; (e) by either party at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property provided Licensee has determined in its reasonable discretion that the condemnation is sufficient to render the Premises unsuitable for Licensee's use. Licensor and Licensee shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation; or (f) by Licensee, upon thirty (30) days written notice to Licensor if Licensee determines the Property or Antenna Facilities are inappropriate or unnecessary for Licensee's operations due to economic reasons. (g) in accordance with Sections 6, 9 and 10 of this License. 9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, either party shall have the right, but not the obligation, to terminate this License on written notice pursuant to Section 12 hereof, to take effect immediately, if the other party fails to perform any covenant for a period of thirty (30) days after receipt of written notice thereof to cure. -3- T- Mobile #60164 v2 (Wireless Lease) Site License With Option Site Number: IE25380 -D Site Name: Central Park West Market: Inland Empire CA Site Lease – version 1.3.08 10. Taxes. Licensor shall pay when due all real property taxes for the Property, including the Premises. In the event that Licensor fails to pay any such real property taxes or other fees and assessments, Licensee shall have the right, but not the obligation, to pay such owed amounts and deduct them from the License Fee amounts due under this License. Notwithstanding the foregoing, Licensee shall pay any personal property tax, real property tax or any other tax or fee increase which is directly attributable to this License including the presence or installation of Licensee's Antenna Facilities, until such time as Licensee removes all Antenna Facilities as required by Section 7(a) above. Licensor hereby grants to Licensee the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on behalf of Licensor and /or Licensee, any personal property or real property tax assessments that may affect Licensee. Without in any way limiting Licensee's obligation to pay personal property tax, real property tax or any other tax or fee described above, if Licensor receives notice of any personal property or real property tax assessment against the Licensor, which may affect Licensee and is directly attributable to Licensee's installation, then Licensor shall provide timely notice of the assessment to Licensee sufficient to allow Licensee to consent to or challenge such assessment. Further, Licensor shall provide to Licensee any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property taxes are assessed against Licensor or Licensee for the Premises or the Property, Licensee shall have the right, but not the obligation, to terminate this License without further liability after thirty (30) days written notice to Licensor; provided, that Licensee pays any real property taxes assessed as provided herein. 11. Insurance and Subrogation and Indemnification (a) Prior to Licensee accessing the Property, Licensee shall provide to Licensor proof of insurance, at Licensee's sole cost and expense, to remain in full force and effect during the entire Term of this License. The following policies must be maintained: (i) Commercial General Liability Insurance in an aggregate amount of not less than one million and no /] 00 dollars ($1,000,000.00); (ii) Workers' Compensation Insurance as required by law; (iii) Automobile Liability Insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per accident; (iv) Employer's Liability Insurance with a limit not less than One Million Dollars ($1,000,000.00) per occurrence. Licensee may satisfy these requirements by obtaining the appropriate endorsement to any master policy of liability insurance Licensee may maintain. (b) Licensee hereby agrees to indemnify, defend and hold harmless Licensor and Licensors officers, directors, partners, shareholders, employees, agents, contractors or subcontractors from and against any and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) and injuries (including personal injuries or death) (collectively, "Losses and Injuries ") related to Licensee's, or any of its agents' or contractors' (i) use, operation, maintenance or repair of the Antenna Facilities; (ii) use of the Access Rights to or over the Premises or Property; or (iii) performance of Tests or activities performed pursuant to the Option provisions contained herein; provided, that the obligations to indemnify and hold harmless are only to the extent caused by Licensee's, its agents' or contractors' negligence or willful misconduct. Notwithstanding anything to the contrary in this License, the parties hereby confirm the provisions of this section shall survive the expiration or termination of this License. 12. Notices. All notices, requests, demands and other communications shall be in writing and are effective five (5) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next - business -day delivery via a nationally recognized overnight courier to the addresses set forth below. Licensor or Licensee may from time to time designate any other address for this purpose by providing written notice to the other party. If to Licensee, to: T- Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: PCS Lease Administrator With a copy to: Attn: Legal Dept. And with a copy to: Omnipoint Communications, Inc., a subsidiary of T- Mobile USA, Inc. 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Lease Administration Manager -4- T- Mobile #60164 v2 (Wireless Lease) Site License With Option Site Number: IE25380 -D Site Name: Central Park West Market: Inland Empire If to Licensor, to: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Chief Executive Officer For Telephonic Notice For Emergency Access: (626)890 -6501 And with a copy to: Aleshire & Wynder, LLP 1515 West 190a' Street 3Vk15615 Gardena, CA 90248 Attn: Joseph W. Pannone Send Fee Payments to: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Finance Department CA Site Lease — version 1.3.08 13. Quiet Enjoyment, Title and Authority. As of the Effective Date and at all times during the Term of this License, Licensor represents that: (i) Licensor has full right, power and authority to execute and perform this License; and (ii) execution and performance of this License will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Licensor; and (iii) Licensee's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Licensee is not in default beyond any applicable grace or cure period. In addition, Licensee covenants that at all times during this License, Licensee shall not disturb Licensor's quiet enjoyment of the Property or any part thereof subject to the terms and conditions set forth herein. 14. Environmental Laws. Licensor represents it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance ") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Licensor and Licensee shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Licensee shall not be responsible for, conducting any investigation and/or remediation as required by any applicable environmental laws, with respect to any spills or other releases of any Hazardous Substance not caused solely by Licensee, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims ") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions "), that relate to or arise from the indemnitor's activities on the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this License. 15. Assignment and Subleasing. (a) Licensee may assign or otherwise transfer this License and the Access Rights (as defined above) granted herein upon written approval of Licensor. Upon assignment, Licensee shall be relieved of all liabilities and obligations hereunder and Licensor shall look solely to the assignee for performance under this License and all obligations hereunder but only if the assignee has agreed to be responsible for all of Licensee's obligations pursuant to this License. Licensee may sublease the Premises, upon written approval of Licensor. (b) Notwithstanding anything to the contrary in this License, Licensee shall have the right to assign or otherwise transfer this License and the Access Rights (as defined above) herein upon written notice to Licensor as follows: (a) to Licensee's parent company and /or an affiliate or subsidiary of Licensee or Licensee's parent company, (b) to Licensee's successor by operation of law or otherwise, (c) in connection with any public offering of interests by Licensee or (d) to any affiliate or subsidiary or other party as may be required in connection with any offering, merger, acquisition recognized security exchange or financing. (e) Licensor shall have the right to assign or otherwise transfer this License and the Access Rights granted herein, upon written notice to Licensee. Upon assignment Licensor shall be relieved of all liabilities and obligations hereunder and Licensee shall look solely to the assignee for performance under this License and all obligations hereunder but only if the assignee has agreed to be responsible for all of Licensor's obligations pursuant to this License. (d) Additionally, notwithstanding anything to the contrary above; Licensor or Licensee may, upon notice to the other, grant a security interest in this License (and as regards the Licensee and the Antenna Facilities), and may collaterally assign this License (and as regards the Licensee and the Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties "). In such event, Licensor or Licensee, as the case may be, shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. 16. Successors and Assigns. This License and the Access Rights granted herein shall run with the Land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns, as permitted by this License. 17. Waiver of Licensor's Lien. Licensor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this License, whether or not the same is deemed real or personal property under applicable laws, and Licensor gives Licensee and Secured Parties the right to remove all or any portion of the same from time to time, whether before or after a default under this License, in Licensee's and/or Secured Parties' sole discretion and without Licensor's consent; provided, however, Licensee shall be solely responsible for ensuring the Premises are maintained in a good condition and consistent with the Exhibit B attached hereto or the plans on file with Licensor's Planning Division and Licensee shall be solely responsible for any damage to the Property or Premises to the extent caused by Licensee, its agents or contractors. 18. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information as the other may reasonably request. -5- T- Mobile #60164 v2 (Wireless Lease) Site License With Option (c) This License constitutes the entire agreement and understanding of the parties regarding Licensee's use of the Property for the Antenna Facilities, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this License must be in writing and executed by both parties. (d) Licensor shall not be responsible for any vandalism that may occur upon the Premises by circumstances beyond the reasonable control of Licensor. (e) Licensee shall maintain Licensee's Antenna Facilities and the Premises in neat and safe condition in compliance with all applicable codes and governmental regulations. In the event that Licensee's Antenna Facilities fall into disrepair, Licensee shall repair or take other reasonably required actions to assure such compliance within thirty (30) days of written notice from Licensor. (f) If any alarm system is utilized by the Licensee on the Premises, said alarm system shall be linked to a private monitoring company which shall be required to register with the City of Baldwin Park in accordance with Chapter 91 of the Baldwin Park Municipal Code. (g) Prior to any installation of the Antenna Facilities, Licensee agrees to obtain all required permits and/or licenses pertaining to the installation, operation, maintenance and repair of its equipment on the Premises including but not limited to applicable licenses from the Federal Communications Commission or applicable permits from Licensor including any applicable conditional use permit. (h) Licensee shall use good faith and commercially reasonable efforts to minimize disturbance to public park activities and /or play during the installation, repair or daily operations of Licensee's Antenna Facilities. (i) Licensee agrees not to maintain nor permit any nuisances on the Premises, nor permit the Premises to be used for any purpose or use in violation of any of the laws, ordinances, rules or regulations of any public authority applicable thereto. 0) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of License in substantially the form attached hereto as Exhibit C) necessary to protect its rights or use of the Premises. The Memorandum of License may be recorded in place of this License, by either party. In the event the Property is encumbered by a mortgage or deed of trust, Licensor agrees, upon request of Licensee, to obtain and furnish to Licensee a non - disturbance and attomment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Licensee. Licensee may obtain title insurance on its interest in the Premises. Licensor agrees to execute such documents as the title company may require in connection therewith. (k) This License shall be construed in accordance with the laws of the state in which the Property is located. (1) If any term of this License is found to be void or invalid, then such finding shall not affect the remaining terms of this License, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this License will be deemed waived by either party unless expressly waived in writing and signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this License shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (m) The persons who have executed this License represent and warrant that they are duly authorized to execute this License in their individual or representative capacity as indicated. (n) This License may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (o) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property), may be attached to this License and the Memorandum of License, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, and /or B, as the case may be, which may have been attached hereto in preliminary form, may be replaced by Licensee with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes. (p) If Licensor is represented by any broker or any other leasing agent, Licensor is responsible for all commission fees or other payment to such agent, and agrees to indemnify and hold Licensee harmless from all claims by such broker or anyone claiming through such broker. If Licensee is represented by any broker or any other leasing agent, then Licensee is responsible for all commission fees or other payment to such agent, and agrees to indemnify and hold Licensor harmless from all claims by such broker or anyone claiming through such broker. (q) The terms and condition of this License, which by their sense and context survive the expiration or termination of this License, shall so survive. 19. Relocation of Licensee's Antenna Facilities. Subject to the other provisions of this License, in the event Licensor desires to redevelop, modify, remodel or in any way alter Licensor's Property or any improvements thereon (collectively the "Redevelopment "), Licensor shall in good faith use its best efforts to accommodate, fully, Licensee's continued use of the Premises. If however any proposed Redevelopment necessitates the relocation of the Premises or Licensee's Antenna Facilities, or otherwise requires any alterations to Licensee's Antenna Facilities, then Licensor shall have the one -time right to require Licensee to relocate or make the necessary alternations, at Licensee's sole cost, expense and risk; provided, however, that Licensor has provided Licensee with no less than six (6) month's prior written notice of Licensor's proposed Redevelopment. If -6- T- Mobile #60164 v2 (Wireless Lease) Site License With Option Licensee, in its sole discretion, cannot relocate to a location on Licensoe's Property which is technologically and operationally feasible, then Licensee may terminate this License upon thirty (30) days prior written notice to Licensor. Licensor shall only be entitled to require Licensee to relocate Licensee's Facilities as set forth above after the expiration of the Initial Term and shall, if feasible, allow Licensee to utilize a temporary communications facility on the Property in a location mutually agreed upon by the parties hereto (which facility may include the use of a cell -on- wheels or "COW ") in order to assure there is no interruption of Licensee's services provided from the Property during the relocation. In the event an interruption in services is caused by the relocation as set forth above, the Licensee Fee shall abate for the reasonable period during which Licensee is unable to commercially operate from the Premises as a result thereof. The effective date of this License is the date of execution on behalf of Licensor provided, however, that this License is fully executed by both parties (the "Effective Date "). ATTEST: By: "Licensor" CITY OF BALDWIN PARK, CALIFORNIA Rosemary Gutierrez, CMC Vijay Singhal, Chief Deputy City Clerk Chief Executive Officer APPROVED AS TO FORM: Aleshire & Wynder, LLP Joseph Pannone City Attorney "Licensee" OMNIPOINT COMMUNICATIONS INC., A SUBSID WY OF T- MOBILE USA INC °`-- By: Printed Name: v Title`. irector Date:' G T -M bile Legal Approval -7- T- Mobile #60164 v2 (Wireless Lease) Site License With Option EXHIBIT A Legal Description The land referred to herein is situated in the State of California, County of Los Angeles, City of Baldwin Park, and described as follows: Parcel 1: The northwesterly 91 feet of the southeasterly 100 Meet of Lot 117 of Tract No. 962, in the City of Baldwin Park, County of Los Angeles State of California., as per map recorded in Book 21, Page(s) 74 and 75 of Z� Maps., in the office of the County Recorder of said County. Excepting therefrorn that portion thereof within the southwesterly 88 feet of said lot 11.7. Parcel 2: Those portions of Lots 103, 1.014 and 1,32, said Tract, within a strip of land 91 feet wide, the northwesterly line of said strip being parallel with and 100 feet northwesterly, measured at right angles, from the following described line: Beginning at a point in the center line of El Monte Street as sown 50.00 feet wide on said map, said center line is established by the County Surveyor of said county, and shown in said Surveyor's Field book. 5201, pages 104 and 105, distant thereon North 861 54' 10" West 175. 10 feet from that portion of the center fine of Puente Avenue, extending southerly from said El Monte Street, said Puente Avenue being shown 60.00 feet, wide on said map, and as said center line of Puente Avenue is established by said county Surveyor, and shown on pages 98, 1.015 and 204 of said Field book 520; thence from said point of beginning, South 4l° 33' 58" West, 7,49,65 feet, more or less, to the most southerly corner of said lot 1013. Excepting from the above described Parcel 2. that portion thereof within the following described boundaries, Beginning at the intersection of the southeasterly line of the above described parcel 2 with the northerly line of said lot 104; thence southwesterly 71.010) feet along said southeasterly line; thence northerly in a direct line to a point in said northerly line, distant westerly 27.00 feet along said northerly line from said southeasterly fine-, thence easterly 27.00 feet along said northerly line to the place of beginning, Except therefrom the "precious metals and ores thereof', as excepted frorn the partition between John Rowland, Sr., and William Workman, in the partition deed, recorded in book 10 page 39 of Deeds. Parcel 3: That portion of the southwest 88 feet of Lot 117 of Tract No. 962., in the City of Baldwin Park, County of Los Angeles State of California., as per reap recorded in Book 21, Page(s) 74 of Maps, in the office of the County Recorder of said County, as described in the deed to the county of Los Angeles Flood Control District, recorded in book 36679 page 169., of Official Records of said county, lying northwesterly of the following described line and its southwesterly prolongation: Beginning at a point in the southwesterly line of said lot., distant thereon, North 481 25' 15- West 16.(X) feet C trots the most southerly corner of said lot, thence North 519 29' 33- East, a distance of 40.60 feet to a. line that is parallel with and 9 feet northwesterly, measured at right angles, frorn the southeasterly line of said tot.; Z�11 - thence North 41' 33' 58" East., along said parallel line, a distance of 50.00 feet, EXHIBIT A (continued) Legal Description Except the northwesterly 170.00 feet of said southwest 88.00 feet, Also excepting therefrom the precious metals and ores thereof, as excepted from the partition between John Rowland, Sr. and William Workman, in the partition (iced recorded in book 10 page 39 of Deeds. Also excepting therefrom all oil, gas and other hydrocarbons and minerals, which can be extracted and removed from said land by directional drilling at a. depth of more than 400 feet beneath the surface of said Z� ]and. but with no right of entry upon the surface of said land, or the first 400 feet beneath the surface of said land as reserved by the Los Angeles Flood Control in deed recorded May 5, 1960 in book T 1266 page 473, of Official Records. (End of Legal Description) APN: 8554-005-900 EXHIBIT B (continued) However, it is expressly agreed and understood by and between the Licensor and Licensee that the exact and precise location of the Licensee's Antenna Facilities are subject to review and approval by the planning and/or zoning boards having jurisdiction over the "Premises." As such, all modifications to this Exhibit "B" shall be subject to Licensor's written approval or shall be on file with the Licensor's Planning Division. Therefore, it is expressly agreed and understood by and between Licensor and Licensee that the precise location of the Premises as shown on Exhibit "B" may be modified by the Licensee in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for Licensee's intended use of the property. The Premises as described herein may therefore be modified by the Licensee to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the Licensee and attached to the License in place of the existing Exhibit "B ", a copy of which will be provided to the Licensor for review and approval (which approval will not be unreasonably withheld) prior to being incorporated into the License. EXHIBIT B The location of the Premises within the Property (together with access and utilities) is more particularly described and depicted as follows: Ms M ` It X t. i (. i wl` z m � p EXHIBIT B (continued) m m t7 z i �a till y ( � i i 1 g u C) 2 8 EXHIBIT C Memorandum of License Recorded, Requested By, and When Recorded Return To: Omnipoint Communications Inc. 2008 McGaw Avenue Irvine, CA 92614 Attn: License Administration Site No. IE25380 MEMORANDUM OF LICENSE This Memorandum of License with option ( "Memorandum ") dated as of is entered into between the City of Baldwin Park, a municipal corporation ( "Licensor ") and Omnipoint Communications, Inc., a subsidiary of T- Mobile USA, Inc. ( "Licensee ") regarding a portion of the property located at 15010 East Badillo Street, commonly known as Hilda Solis Park in the City of Baldwin Park with APN: 8554- 005 -900. See Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of twelve months after the date of the License with up to one additional twelve months renewal ( "Optional Period "). The License is for a term of five (5) years and will commence on the exercise of the option period. Licensee shall have the right to extend this License for five additional five -year terms. This memorandum is solely for the purpose of giving constructive notice of the License. In the event of a conflict between the terms of the License and this Memorandum, the terms of the License shall control. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LICENSOR: LICENSEE: Exhibit A Legal Description of the Premises The land referred to herein is situated in the State of California, County of Los Angeles, City of Baldwin Park, and described as follows: Parcel I The northwesterly 91 feet of the southeasterly 1. 00 feet of Lot 117 of Tract No. 962, in the City of Baldwin Park, County of Los Angeles State of California, as per neap recorded in Book 2l, Page(s) 74 and 75 of Maps, in the office of the County Recorder of said County. Excepting therefrom that portion thereof within the southwesterly 88 feet of said lot 117, Parcel 2: Those portions of Lots 103, 104 and 132., said Tract, within a strip of land 91 feet wide, the northwesterly line of said strip being parallel with and 100 feet northwesterly, measured at, right angles, from the following described line: Beginning at a. point in the center line of El Monte Street as sown 50.00 feet wide, on said map, said center line is established by the County surveyor of said county. and shown in said Surveyor's Field book 520, pages 104 and 105, distant thereon North 86' 54' 10" West 175. 10 feet from that portion of the center line of Puente Avenue, extending Southerly frorn said El Monte Street. said Puente Avenue being shown 60.00 feet, wide on said map, and as said center line of Puente Avenue is established by said county Surveyor, and shown on pages 98. 105 and 204 of said Field book, 520; thence from said point of beginning, South 41 ' 33' beginning, 58" West 749.65 feet, more or less, to the most southerly corner of'said lot 101 Excepting from the above described Parcel 2, that portion thereof within the following described boundaries. Beginning at. the intersection of the southeasterly line of the above described parcel 2 with the northerly line of said lot 104: thence southwesterly 71.00 feet along said southeasterly line; thence northerly in a direct line to a point in said northerly line, distant westerly 27.00 feet along said northerly line from said southeasterly line; thence easterly 27.00 feet along said northerly line to the place of beginning. Except therefrom the '*precious metals and ores thereof', is excepted from the partition between John Rowland, Sr., and William Workman, in the partition deed, recorded in book 10 page 39 of Deeds. Parcel 3: That portion of the southwest 88 feet of Lot 117 of Tract No. 962, in the City of Baldwin Park, County of Los Angeles State of California.., as per map recorded in Book 21, Page(s) 74 of Maps, in the office of the County Recorder of said County, as described in the deed to the county of Los Angeles Flood Control District, recorded in book 36679 page. 169, of Official Records of said county, lying northwesterly of the following described line and its southwesterly prolongation: Beginning at a point in the southwesterly line of said lot, distant thereon, North 48' 25' 15" West 166X1 feet Z�I from the most southerly corner of said Im thence North 51 ' 29' 33" East, a distance of 41.60 feet to a line that is parallel with and 9 feet northwesterly, measured at right angles, from the southeasterly line of said lot.; thence North 41' 33' 58-East, along said parallel line, a distance of 50.00 feet. EXHIBIT A (continued) Legal Description of the Premises Except the northwesterly 170.00 feet of Said southwest 88.00 feet, Also excepting therefrom the precious metals and ores thereof', as excepted from the partition between John Rowland, Sr. and William Workman, in the partition deed recorded in book 10 page 39 of Deeds. Also excepting therefrom, all oil, gas and other hydrocarbons and minerals, which can be extracted and removed from said land by directional drilling at a depth of more that) 400 feet beneath the surface of said land. but with no right of entry upon the surface of said land, or the first 400 feet beneath the surface of said land as reserved by the Los Angeles Flood Control in d.eed recorded. May 5. 1960 in book T1266 page 473. of Official Records. (End of Legal Description) APN: 8554-005-900 State of California ) County of ) On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) State of California ) County of ) On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 0I1 -Y GUILINUIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servi DATE: September 17, 2008 SUBJECT: Approval of Agreement for Carnival Services — Christiansen Amusements This report requests City Council approval of an Agreement with Christiansen Amusements to provide carnival services for "Celebrate Baldwin Park" Celebration, October 30 through November 2, 2008. BACKGROUND The City of Baldwin Park will be offering a carnival as part of the 2008 "Celebrate Baldwin Park" 52nd Anniversary Celebration. In the past, the City has used the proceeds from the carnival to help underwrite the cost of the anniversary parade and other activities associated with the celebration. For the past twenty (20) years the department contracts these services through Christiansen Amusements. Staff is very satisfied with the current carnival operations and has an excellent working relationship with all the associated departments. In addition, staff is pleased with the current contract and it's reflected in the compensation portion of the agreement. DISCUSSION Under the proposed Agreement, Christiansen Amusements would agree to provide the City with 30 %of the total gross receipts up to $40,000 and 35% thereafter derived from the Operation of the carnival ride activity. Christiansen Amusements agrees to provide an insurance policy naming the City as additionally insured in the amount of $3 million dollars. In addition, Christiansen Amusements will also pay for all security for the event including additional police coverage. Christiansen Amusements agrees to provide 700 unlimited ride tickets to be used either on Thursday, October 30, 2008 or Sunday, November 2, 2008. As in the past, the tickets will be distributed to deserving children in the community through the Home Liaisons at the elementary schools. September 17, 2008 Page two Approval of Agreement for Carnival Services - Christiansen Amusements FISCAL IMPACT It is anticipated that the City will generate approximately $13,000 towards the City's general fund. RECOMMENDATION Staff recommends that the City Council approve the attached agreement and authorize the Mayor to execute the necessary documents. Attachment: Agreement Mel 0 ' THIS AGREEMENT is made and entered into this 17`h day of September, 2008 by and between the City of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements, (hereafter "LICENSEE "). The parties hereto do agree as follows: 1. This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of conducting a festival on Thursday, October 30, 2008 through Sunday, November 2, 2008 inclusive; and (b) That CITY is desirous of featuring a carnival as entertainment for the festival; and (c) The CITY has determined that LICENSEE is qualified person to provide such services; and (d) That LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth in this Agreement; and (e) That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. CARNIVAL. The Carnival shall be conducted commencing on Thursday, October 30, 2008 at 5:00 p.m. through 10:00 p.m.; continuing Friday, October 31, 2008 from 5:00 p.m. through 11:00 p.m. and Saturday, November 1, 2008 from Noon through 11:00 p.m.; and concluding on Sunday, November 2, 2008 from Noon through 10:00 p.m. 3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Morgan Park and the City parking area on Ramona Boulevard; plus the City property at the northeast corner of Main Avenue and Sterling Way which is used for limited LICENSEE vehicle parking. CITY is also responsible for restroom facilities, including porta potties on site, and rubbish dumpster and removal as necessary for the operations of the carnival and festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking of LICENSEE vehicles. 4. The LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to the CITY within 24 hours of their approval. 5. CARNIVAL. LICENSEE shall provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the carnival. Such crews shall include sufficient management staff during the carnival hours to be reasonably available to CITY; and (b) all carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and (c) power to all community booths as per section 6 and 7 during all hours of booth operation and sufficient to allow for such booths to connect to the power with normal appliances or extension cords; and (d) a minimum of five major rides and five kiddie rides; and (e) advertising for the carnival and festival, including, but not limited to, sending out 100 personalized event posters describing the event and special promotion activities through area businesses; and (f) provide all ticket sellers necessary for the carnival; and (g) waive entrance fees for all children under the age of 12 when accompanied by a paying adult (18 years and older); and (h) LICENSEE will, provide 700 unlimited ride passes to be used either Thursday October 30, 2008 or Sunday November 2, 2008 during designated hours as indicated by LICENSEE.. In exchange for this increased product value offered by LICENSEE, the CITY will waive all permit and licenses fees normally charged LICENSEE, except for the $125 fee for the Temporary Use Permit. It is intended that LICENSEE shall provide a full- service Carnival as a part of the festival, which shall consist of the entertainment as described herein. 6. FOOD AND BEVERAGE SALES. LICENSEE shall be limited to one "candy wagon", located on the carnival midway to sell food and beverages to patrons of the festival_ All other food and beverage sales will be provided and operated by local Non - profit and community organizations as designated by the CITY and mutually agreed to by LICENSEE so long as product is non - duplicated with LICENSEE and meets Health Department requirements. LICENSEE shall also provide two food booth spaces no bigger than 10' -12' square for community groups within the carnival site area at no cost to the group with LICENSEE providing electrical power only, no cords or cables. 7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such regulations as determined by, and in accordance with, the recommendations of the CITY'S Police Chief or his designee. LICENSEE shall also provide two game booth set -ups for community groups within the carnival site area at the current market rate paid for by LICENSEE. 8. SECURITY. Security for the festival shall be provided by LICENSEE as determined by, and in accordance with, the recommendations of the CITY'S Police Chief. LICENSEE does hereby agree to save the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from any claim, demand, action, or judgement arising out of any security provided by CITY. 9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the midway each night, and at the close of the event.. LICENSEE shall be responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or sub - Licensees. 10. Sub - Licensees. LICENSEE shall have the right to license a sub - Licensee, a qualified person, or entity, approved in advance by the CITY, for the purpose of providing the festival with the carnival activities required hereunder. 11. LIABILITY INSURANCE. LICENSEE shall provide directly, and /or through its Sub - Licensees, liability insurance covering all of the activities to be conducted at the Festival, save and except those activities provided by the CITY other than security. The LICENSEE shall provide such liability insurance coverage as approved by the Chief Executive Officer of the CITY and in amounts and in coverage of at least $3,000,000 general liability combined single limit per occurrences for bodily injury, personal injury and property damage and $3,000,000 Employers Liability per accident.. All such policies shall' contain endorsements, which name the CITY, the CITY'S Redevelopment Agency and their respective authorized and affected officers, employees and agents as additional insured on such policies. LICENSEE shall file with the CITY an Endorsement and a Certificate of insurance evidencing the existence of all required insurance coverage prior to October 24, 2008. Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage shall be valid except upon 96 hours prior written notice to CITY by the carrier or carriers. 12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify, defend and hold the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from all liability: (a) on account of any and all claims under Workers Compensation Acts and other employee or his /her subcontractors' or sublicensees employees arising out of LICENSEE'S activities pursuant to this Agreement; and, (b) on account of any and all claims for damages because of personal injury or death, damage to property, or other obligation(s) directly or indirectly arising out of or attributable to, in whole or part, the performance by LICENSEE or its sublicensees, subcontractors', employees, or agents in the performance of the obligations stated in this Agreement, including, without limitation, attorneys' fees and court costs incurred by CITY, CITY's Redevelopment Agency, or any of their respective officers, agents or employees, as well) as payment of any final judgment rendered against CITY, CITY's Redevelopment Agency or any of their respective officers, agents, or employees resulting from any action for which indemnification is required by this Agreement. 13. INDEPENDENT AGENTS. The parties hereto agree that LICENSEE, its agents, employees, consultants, sublicensees, and subcontractors shall act in an independent capacity in the performance of this Agreement, and not as officers, employees or agents of the CITY. 14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of insurance required by law, including specifically, but not limited to, Worker's Compensation coverage. 15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to comply with all terms and obligations of this Agreement, and specifically shall require all sublicensee and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to provide the same indemnification to the CITY, the CITY'S Redevelopment Agency and their respective officers, agents and employees, as is required of LICENSEE. 16. TERMINATION. CITY reserves the right to terminate this agreement upon 30 days written notice to LICENSEE. 17. COMPENSATION. CITY shall be entitled to an amount equal to 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Gross receipts are to be determined based upon cash sales on the grounds and do not include the advance ride book tickets, if used. Payment is to be delivered to the CITY within 5 working days of the conclusion of the Carnival. Additional compensation is to be negotiated in the event CITY provides ticket sales personnel.. 18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally served or given by mail. Any notice by mail shall be deemed to have been given when deposited in the United States mail, postage prepaid addressed to the party to be served as follows: To CITY: Manny Carrillo Director of Recreation & Community Services City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 To LICENSEE: Stacy A. Brown President Christiansen Amusements 2049 Lundy Lake Dr. (mailing: P. O. Box 997) Escondido, CA 92029 (Escondido, CA 92033) 19. ATTORNEY'S FEES. In the event that either party hereto fails to comply with any of the terms of this agreement, and the other party commences legal proceedings to enforce any of the terms of this agreement or terminate this agreement, the prevailing party in any such suit shall receive, from the other, a reasonable sum including attorney's fee and costs as may be established by the court. 20. EXTENT OF AGREEMENT. This document represents the entire integrated agreement between CITY and LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and LICENSEE. IN WITNESS WHEREOF the parties have caused this Agreement to be executed as follows: DATED: CITY by: Mayor ATTEST City Clerk LICENSEE By: r, President APPROVED AS TO FORM: City Attorney P - A - R - K SEP ru 3 2008 f ITEM STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: September 17, 2008 SUBJECT: APPROVAL OF A LICENSE AGREEMENT FOR WALGREEN CO. TO USE A PORTION OF RAMONA BOULEVARD FOR A• AND PARKING PURPOSES The purpose of this report is to request that the City Council consider approving a license agreement with Walgreen Co. involving a strip of public right -of -way adjacent to their development at 14102 Ramona Boulevard. On October 15, 2007, Walgreen Co. submitted an application to the City to construct a Walgreens Pharmacy at 14102 Ramona Boulevard. One of the development conditions was that Walgreens would need to obtain a license agreement from the City of Baldwin Park if Walgreens desired to utilize the public right -of -way along Ramona Boulevard. The license agreement arrangement would be mutually beneficial as it would relieve the City of all the costs to improve the area and provide landscaping and irrigation to the public right -of -way. The agreement would also alleviate the City from all of the related maintenance that would ensue on an ongoing basis. The City benefits would be in exchange for landscaping and non - exclusive parking available to Walgreen. Another benefit is that Walgreens has designed an improved circulation plan with the adjacent business, Burger King, and with the ingress and egress to both sites from Ramona Boulevard. If the City chooses to grant this license agreement, its terms would obligate Walgreen not only to take on capital and maintenance costs, but also would give the City of Baldwin Park the option of terminating the agreement at any time without cause upon six (6) months notice. This clause is especially important in the face of potential redevelopment opportunities that the future may present. Approval of a License Agreement with Walgreens Page 2 of 2 September 17, 2008 DISCUSSION The proposed license agreement has been reviewed by the City Attorney. The license agreement has certain benefits to the City in the form of provisions which reduce the City's liability exposure, and compliance with National Pollution Discharge Elimination System. In addition, the landscaping would be maintained to a first rate standard, and would be aesthetically pleasing since the improvements would be based on a landscape architectural design. The staff recommended provisions in the license agreement would require Walgreen Co. to fully maintain the City right of way including landscape and parking area improvements, and would not be restrictive to access by utility companies. The cost of the improvements that are proposed constructed in the City right -of -way are fully covered by the developer. The agreement would allow for an initial term of ten (10) years, commencing from the date of the Walgreens opening, and would allow for renewals if mutually acceptable for two (2) five (5) year periods. The term of the license agreement is not to exceed 20 years. Tie licensee shah pay tie City a one -time administrative fee of $1,200 and an annual inspection fee of $250. The terms of the agreement are identical to the recent terms provided in the agreement to the Burger King at the intersection of Ramona Boulevard and Baldwin Park Boulevard and adjacent to this site. FISCAL IMPACT The General Fund will benefit from revenue of a one -time administrative fee of $1,200 and an inspection fee of $250 per year. RECOMMENDATION Staff recommends City Council approve a license agreement with Walgreen Co. (property owner), authorize the Mayor to execute the agreement and authorize the Director of Public Works to enforce the terms of the agreement. ATTACHMENT Agreement CITY OF BALDWIN PARK LICENSE AGREEMENT WITH WALGREEN CO. FOR ENCROACHMENT ON RAMONA BOULEVARD AND LA RICA AVENUE The City of Baldwin Park, a municipal corporation ("City"), hereby grants a non- exclusive, temporary License to WALGREEN CO., a corporation ("Licensee"), for the use by Licensee of City's public right-of-way at the southwest corner of the intersection of Ramona Boulevard and La Rica Avenue, as described in Exhibit A attached hereto (the "City Property"), subject to all the following: 1 USE: Except as provided herein and subject to all the following, Licensee shall have non-exclusive use of the City Property in conjunction with Licensee's use of the property located at 14102 Ramona Boulevard, as described in Exhibit B attached hereto ("Walgreens' Property") . a. As provided below, Licensee shall have the right and obligations to use the City Property (as shown on the Site Plan attached hereto as Exhibit C) for the purpose of constructing, painting, paving, installing, maintaining, operating, repairing, and accessing the Walgreens' Improvements. The Walgreens' Improvements include no more than twenty (20) passenger vehicle parking spaces, drive aisles, sidewalks, landscaping, lighting (including light poles and fixtures), irrigation systems and associated curbs, gutters, utilities and installations. Licensee, at its sole expense, shall (i) prepare all the plans for the Walgreens' Improvements ("Plans"), and the Plans shall be subject to the approval of City's Public Works Director, in his/her reasonable discretion, (ii) install and construct the Walgreens' Improvements in accordance with the approved Plans and (iii) maintain the Walgreens' Improvements to the reasonable satisfaction of City's Public Works Director. City grants Licensee and its employees, agents, contractors, customers, invitees and licensees (collectively, "Permittees") non-exclusive permission to use the City Property and the Walgreen's Improvements constructed thereon for vehicular and pedestrian access to and from the Walgreens' Property and other City public rights-of-way. The City or any utility company may maintain any existing utility lines in the City Property, and may install new utilities within the City Property. b. The days and hours of Licensee's usage of the City Property shall only be when the Walgreens' store, which exists on the Walgreens' Property as of the effective date of this License, is open to the general public for business. c. The term of this License shall be until September 17, 2018; provided, that without any implied or expressed commitment to do so, the parties may agree, on mutually acceptable conditions, to extend this License for two additional five- year (5-year) terms, or portions thereof, but in no event shall this License be extended beyond September 17, 2028. d. Licensee shall, at all times, maintain in proper working condition all drainage devices and will adhere to National Pollutant Discharge Elimination System (NPDES) storm water pollution prevention program. Page 1 of 5 e. On or before December 31, 2008, Licensee shall complete the Walgreens' Improvements, as approved by the Public Works Director, in his/her reasonable discretion, to create a first class, aesthetically pleasing, clean, well-irrigated landscaped area, similar to that found at McDonalds at 14008 Ramona Boulevard, Target Center at 3100 Baldwin Park Boulevard and In-N-Out Burger at 13850 Francisquito Avenue. New planting areas shall be "low profile" allowing visibility from the public right-of-way. 2. CITY REQUIREMENTS AND PROCESS FOR FAILURE TO MAINTAIN THE PROPERTIES: In connection with its use of the City Property, Licensee shall comply with all applicable City rules and regulations. In addition, upon a finding by the City Council, at a public meeting, the City Property or the Walgreens' Property is not being properly maintained, City may cause the improper conditions to be corrected and Licensee shall pay all personnel, contractual and third-party costs incurred by City to perform such corrections. City may record a lien on the Walgreens' Property for any and all costs which remain unpaid after thirty-days' (30-days') written notice. 3. EFFECTIVE DATE OF LICENSE: This License shall be effective beginning September 17, 2008. 4. IMPROVEMENTS TO THE CITY PROPERTY: Licensee (i) shall be responsible to pay for all costs of the Walgreens' Improvements and (ii) shall not make any improvements of any kind to the City Property without the prior written consent of City's Public Works Director. 5. CONDITION ON RETURN OF CITY PROPERTY: Upon termination of this License, Licensee shall return the City Property to City in the same condition, less reasonable wear and tear, at which it existed when the Walgreens' Improvements received final City approval. 6. FEE: Licensee shall pay City a one-time license fee of One Thousand Dollars ($1,000.00), and an annual inspection fee of One Thousand Dollars ($1,000.00). The one-time fee is due on or before October 17, 2008, and, thereafter, each annual inspection fee is due on or before the 17th day of September of each year this License is in effect. 7. RIGHT OF ENTRY: In addition to the provisions of Paragraph 1, above, provided such right does not unreasonably interfere with Licensee's use of the City Property, during the term of this License, City and its agents shall have the right to enter the City Property. In addition, City and any public utility shall have the right of access for installation, repair, and maintenance of public roadways and public facilities and utilities. 8. LICENSEE OBLIGATIONS AFTER TERMINATION: Termination of this Licensee shall not terminate Licensee's obligations pursuant to Paragraphs 9 and 10. Page 2 of 5 9. TAXABLE INTEREST: This License is not intended to create any interest in real property. However, if it is determined this License creates a taxable possessory interest, then Licensee shall be solely responsible to pay such taxes. Except for possessory interest tax, City shall pay all other required property taxes, if any. 10. HOLD HARMLESS: Licensee agrees to and hereby does hold harmless, indemnify and defend City and each of their officers, agents and employees from any claim, loss or expense arising out of the use of the City Property by Licensee. Without limiting the obligation set forth in the immediately preceding sentence, Licensee shall provide evidence of liability insurance naming City and its officers, agents and employees as additional insureds, in a form and with endorsements approved by the City Attorney. 11. NO LIENS ON CITY PROPERTY: Licensee shall not permit or suffer any mechanic's or materialman's, or other lien of any kind or nature to be recorded or enforced against the City Property for any work done or materials furnished thereon at the instance of requirement of or on behalf of Licensee; and Licensee agrees to indemnify and hold harmless City and the City Property against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with such work done, labor performed or material furnished in connection with Licensee's use of the City Property. 12. RIGHT TO TERMINATE/NO DISPLACEMENT LIABILITY: City or Licensee shall have the right to terminate this License at any time, with cause, upon six months' (6-months') written notice. City shall have the right to terminate this License, upon six months' (6-months') written notice, if City determines, in its sole governmental discretion after a public meeting, termination will assist with opportunities for revitalization of the area. Neither City, the Community Development Commission of the City of Baldwin Park, nor any successor or assign of either of both shall be liable (i) for any damages, which may result from any termination of this License, including, but not limited to, for inverse condemnation, loss of goodwill, compensation for any taking, displacement or relocation benefits, expenses experienced by Licensee or any other cause of action, or (ii) for reimbursement for any and all costs related to improvements installed or maintained by Licensee, pursuant to the License or otherwise. 13. GOVERNING LAW: The terms of this License shall be interpreted according to the laws of the State of California. If arises out of this License, then venue shall be in the Superior Court of Los Angeles County. 14. LITIGATION FEES: If litigation arises out of this License for the performance thereof, then the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. in awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and reasonable attorney's fees paid or incurred in good faith. Page 3 of 5 15. TRANSFERABILITY AND ASSIGNABILITY: The License is neither transferable nor assignable by Licensee without written consent from City. Such consent shall not be unreasonably withheld. 16. NOTICES: All notices given or required to be given pursuant to this License shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows: To City: City of Baldwin Park Attn: Public Works Director 14403 Pacific Avenue Baldwin Park, CA 91706 To Licensee: Walgreens Co. 104 Wilmot Road Deerfield, Illinois 60015 Attn: Real Estate Law Department; MS 41420 17. ENTIRE AGREEMENT: This License constitutes the entire agreement of the parties hereto relating to the City Property and shall supersede prospectively from the date it is entered into any and all prior written or oral negotiations or agreements of the parties relating to the City Property. This License shall not be modified in any particular except by a written amendment duly executed by the parties. LICENSEE WALGREEN CO., a corporation By: Its By: Its M. VIjAY SINGHAL, CHIEF EXECUTIVE OFFICER Page 4 of 5 ATTEST: ROSEMARY GUTIERREZ, CHIEF DEPUTY CITY CLERK Page 5 of 5 MAC' -16 -2883 18 :51 EVERGREEN DEVC0 INC 682 888 3102 P.02 EXHIBIT "A" (PAGE 1 OF 2) TAOSE PORTIONS OF WEST RAMONA BOULEVARD, LA RICA AVENUE AND 8ALI)WIN PARK 13OULEVARD SHOWN ON PARCEL MAP NO. 917, IN THE CITY OF BALDWIN PARK, • OF i CALIFORNIA, AS PER MAP RECORDED FILED IN BOOK 78, PAGE 79 OF PARCEL MAPS, N THE OFFICE RECORDER OF rr COUNTY, DESCRIBED FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP; THENCE, ENCE, ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL 3, SOUTI-I 75 °12'47" WEST 13,70 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 340.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 66 °45'08" EAST; THENCE, ALONG SAID CURVE IN NORTHWESTERLY DIRECTION THROUGH A. CENTRAL ANGLE OF 04 "16'37, AN ARC DISTANCE OF 25.38 FEET TO A POINT OF TANGENT REVERSE CURVATURE CONCAVE SOUTHEASTERLY HAVING ,A RADIUS OF 35.00 FEET; THENCE, ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 90 °44'57 ", AN ARC DISTANCE OF 55.44 FEET; THENCE, TANGENT TO SAID CURVE, NORTH 63 °13'28" EAST 95.34 FEET TO A POINT OF TANGENT CURVATURE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 958.00 FEET; THENCE, ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 11059'27'', AN ARC DISTANCE OF 200.49 FEET; THENCE, TANGENT TO SAID CURVE, NORTH 7512'55" EAST 6821 FEET TO A POINT OF TA.NUENT CURVATURE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 35.00 1aEET; THENCE, ALONG SAID CURVE IN A SOUTHEASTEIRLY DIRECTION THROUGH A. CENTRAL ANGLE OF 104¢18'36 ", AN ARC DISTANCE OF 63.72 FEET TO A POINT OF TANGENT REVERSE CURVATURE CONCAVE EASTERLY .HAVING A RADIUS OF 340,00 FEET; THENCE, ALONG SAID CURVE IN A SOUTHERLY DM- ECTION THROUGH A CENTRAL ANGLE OF 13045'32 ", AN ARC DISTANCE OF 81,65 FEET; THENCE, SOUTH 75045'59" WEST 19.74 FEET TO AN ANGLE POINT IN THE SOUTPIWESTER.LY LINE OF SAID BA.LDWIN PARR BOULEVARD, BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS 66NORTH 66 °10'37" WEST 26,66 FEET" ON SAID PARCEL MAP; THENCE, ALONG SAID SOUTHWESTERLY LINE, NORTH 66 °10'37" WEST 26.66 FEET TO THE SOUTHERLY LINE OF SAID VEST RAMONA BOULEVARD; THENCE, ALONG SAID SOUTHERLY LIFE, SOUTH 75 "12'47" WEST 351.80 FEET TO THE POINT OF BEGENNIIk & MRY-16-2003 10:52 EVERGREEN DEVCU INC bz � j�J c;4 7/z/ C3 9 .P6 EXMBIT QgA" (PAGE 2 OF 2) CITY PROPFRTY bo;l n6m �IUJUJ 7. eJl.) PARK BLVD - `` `13'45'3" R--340 oot SCALE- 1"=60' k APRIL 2003 -f a 1 AREA: 39,617 S.F. OR 0,909 AC. ^7 LINE TABLE LINE LENGTH BEARING 0 13,70' S751 2'47W L2 19.74' S75'45'59"W L3 26.66' N6610,37W PA Ra5L I y ll K t._r_ L lyyA i- iv U. I I fit /a/79 FA R CEL 2 PARCEL 3 N6645'08"E RADIAL ANE. CURVE TABLE cl A=04'16'37" R=340.00' L=25.38' R= 35,00' L= 55.44' MRY-IE-2003 10:52 EVERGREEN UtVLU INL oh:j4:: 0�� JiW- EXHIBIT "B" (PAGE I OF 2) ib I ffill a M Some. iffi... rlll. • w "am., a %101 11 1 Wull MAY-16-200i ■ LVALGREEN PROPERTY V-Aoo�l- FA RCZL I L07 a SCALE: 1"=50' APRIL 2003 LOT 4 L OT 5 FARcj5L 2 PARCEL MAP NO, 9 1 N14'47'20"W 19.47' LA RICA 7R AC7 I LA RICA AVENUE wl C'4 w U -) r" rl PARCEL 3 C4 —Nl --4 -"W- —170-0-4'— 4 FO I LA RICA AVENUE FfRY-lb- JO 10: �2 =V=MUM==IN UE-vt_u I t NL- EX'HIBIT "0 51 TE FLAN I MR. TOTnL P-OE ' f 1 P -A - R • K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: September 17, 2008 SUBJECT: TRANSIT FEASIBILITY STUDY FOR THE MID - VALLEY TRANSPORTATION CORRIDOR This report requests that the City Council support the completion of a Transit Feasibility Studv for the Mid - Valley Transportation Corridor in time to thereafter submit funding applications for one or more projects in Baldwin Park at the upcoming 2009 MTA Call for Projects. 90EMEMMON On July 18, 2007, the City Council approved Resolution No. 2007 -038, A Resolution of the City Council of the City of Baldwin Park, California, to support the Mid - Valley Transportation Corridor Project. This resolution sought support in initiating a joint study to develop the Mid - Valley Transportation Corridor (MVTC), a proposed Ramona- Badillo Bus Corridor and to seek funding for improvements from the Metropolitan Transportation Authority (MTA), the State of California, and the Federal Government. I X71+ i 1 Ci1TI The Cities of El Monte, Covina, West Covina, and Baldwin Park have met to discuss a joint effort to enhance regional mobility and transit services to our communities. The San Gabriel Valley is continuing to experience ever increasing traffic congestion, not only impacting our local City streets, but also our commuters. Moreover, freeway capacity has not increased sufficiently to meet vehicular demand. Even with the 1 -10 Freeway HOV lane expansion and the on again off again 1 -10 / 1 -605 Freeway Interchange Improvements, capacity will fall short of the increasing demand. Transit Feasibility Study For The Mid - Valley Transportation Corridor Page 2 of 2 September 17, 2008 The MVTC is an excellent opportunity to deliver improved transit services to our region. The proposed study would evaluate ridership and would justify to the MTA, State agencies, and the FTA that such a project could provide more commuter miles per dollar than other modes. In addition, legislators and grant agencies would see this project as regional and multi - jurisdictional, further making the project most competitive for the limited financial resources that are in the horizon. Another meeting amongst the cities was held on September 10, 2008, and a consensus by city staffs was reached to support this joint effort. However, time is of the essence as the study would need to be completed ahead of the upcoming MTA Call for Projects in January 2009. The call for projects would present one of a number of opportunities to utilize the study's findings to obtain grant funding for Baldwin Park on various transit related projects including roadway widening, park and ride capacity, bus turnouts, enhanced bus stops, pedestrian improve' nients near bus stops, and supplemental funding for our own future transit center. At this time, the four cities have a proposal to conduct a Transit Feasibility Study. The study's findings would support, either jointly or separately, efforts by the four cities to justify and compete for funding for the implementation of the transit corridor. The total cost of the Transit Feasibility Study is approximately $61,000. However, Supervisor Molina supports this effort and has agreed to provide funding at a 50% level for Baldwin Park and has also agreed to fund 100% of the effort covering the portion of the corridor in the unincorporated area of the County, which is roughly 8 %. Therefore, if Baldwin Park participates in the study, our, share would be about $7,000. The proposal to conduct the study is attached, and the completion date is December /January 2008. FISCAL IMPACT There is no impact on the General Fund. There are sufficient funds in the Proposition C unallocated fund balance to cover this cost. Staff recommends that the City Council authorize staff to support the Transit Feasibility Study and to allocate $7,000 from the unallocated Proposition C Fund (Fund No. 118). ATTACHMENT Study Proposal San Deqo FoH I -88j� 82! 3 Transtech Engineering and Planning Mid=Valley Transportation Corrido Plan Transit Feasibility Study Proposal 624 Brea Canyon Road I WainutCA91789 I T9095958599 I F9095958863 I Transtech.of Mid Valley Transportation Corridor Plan I T r s t Feasibility Study Mid - Valley Transportation Corridor Plan EXECUTIVE SUMMARY The Cities of Baldwin Park, Covina, El Monte, and West Covina intend to perform a study to examine the feasibility of establishing rapid transit services along the mid - valley, east -west, region of the San Gabriel Valley at the most efficient paths of travel that would generate highest levels of ridership and convenience. The study would also include evaluation of effective locations for the establishment of transit centers and park- and -ride lots at nexus points. In addition, pedestrian linkages will be examined to promote pedestrian- oriented urban design to further encourage transit use. The study will entail 1) collection and the analysis of existing transportation conditions; 2) identification of preliminary alternative routes; 3) forecasting of ridership for each preliminary alternative route; 4) physical, operational and financial feasibility analyses; 5) selection of locally preferred alternative and draft final report; and 6) review and comment and final report. Upon commencement, it is estimated that the study will take approximately three to four months. A compressed schedule is necessary due to the immediate need for a study report in order to effectively compete for future transportation funding. A more detailed study of each approved component can be further studied at a later date. OBJECTIVE Conduct a joint study with the Cities of Baldwin Park, Covina, El Monte and West Covina to develop a corridor mobility plan for the Ramona - Badillo Corridor designed to address existing traffic congestion and to facilitate future rapid bus transit connecting major activity centers along the corridor. The initial phase of work is limited to identifying both the scope of a preliminary feasibility analysis and the financial resources to support its preparation. A second phase will consist of preparation of a written feasibility analysis. A third phase will encompass design and engineering, including any required environmental review, and preparation of a comprehensive corridor plan intended to serve as the basis for seeking funding for identified improvements from METRO, the State of California and the Federal Government beginning in the first quarter of 2009. The Cities of Baldwin Park, Covina, El Monte, and West Covina intend to maximize the transportation and economic opportunities of the regional connector Metro El Monte 2 Mid Valley Transportation Corridor Plan I Transit Feasibility Study Busway through the implementation of rapid transit services and transit infrastructures. This regional corridor would connect the western San Gabriel Valley at Metro El Monte Busway /1 -10 with several mid - valley downtown transit, commuter, and commercial centers, including academic institutions such as California State Polytechnic University at Pomona and Mount San Antonio College located at the eastern San Gabriel Valley region. : I a 's The Cities of El Monte, Baldwin Park, Covina and West Covina each contain a portion of Ramona Boulevard or Badillo Street, which taken together constitute a potential Mid Valley Transportation Corridor ( "MVTC ") that can create an additional alternative to the freeway system and enhance public mass transit bus operations. There are significant opportunities to improve the flow of traffic on the MVTC, including widening of roadways, construction of additional turn lanes and synchronization of traffic signals to make bus operations more efficient and substantially reduce headway times during peak hours. In addition, both Foothill Transit and METRO have established "Rapid Bus" programs that include signal prioritization, reduced numbers of stops and other strategies designed to improve service and reduce travel time. Each of the Cities is currently engaged in planning for major redevelopment projects along the MVTC. Improved bus service has the potential to link together new development along the MVTC, thereby reducing roadway demand. There are several potential sources of funding that could become available for the implementation of a corridor plan. The State Infrastructure Bond -Prop 1 B (approved in 2006) and Southern California Association of Governments Overall Work Program funding are a few sources. METRO is expected to make available "Call for Projects" funds for the design and construction of transit corridor improvements such as the proposed MVTC in the next grant cycle, tentatively scheduled for 2009. Finally, the United States Congress is expected to reauthorize the Federal Transportation Enhancement Act in 2009 or 2010. PURPOSE OF STUDY [due to a lack of transit connectivity, the potential of a major transportation corridor within the San Gabriel Valley region is not fully realized. Rising fuel prices have increased demand for alternative mode of transportation, including bus rapid transit (BRT). 3 Mid Valley Transportation Corridor Plan 1 Transit Feasibility Study The Cities of Baldwin Park, Covina, El Monte, and West Covina intend to enhance the quality of life in the San Gabriel Valley area region while protecting the environment and improving the region's air, water and land resources. The transit strategies will reduce energy consumption, protect existing residential neighborhoods, and improve access to jobs. Through the implementation of transit connections, transit service for the transit - dependent will improve as well as provide viable mass transit choice that provides rapid trips along the Ramona - Badillo corridor in both directions. The viability of the proposed transit strategies will encourage and support effective economic development. The establishment of a bus rapid transit connectivity program would fill the current gap by linking major transportation hubs to commercial destinations. Bus Rapid Transit service will undoubtedly improve mobility for employees, residents, and visitors of certain areas and concurrently relieve traffic congestion, and promote economic development. The provision of direct and reliable transit services to link western San Gabriel Valley to Pomona will effectively connect offices, residences, shopping districts, parks, historic sites, greenways, and public and transportation facilities. Bus Rapid services will provide access to attract people to travel to the commercial district thereby spurring renewed economic growth. It will also allow transit patrons to more easily ride the Metro Transit system to downtown Los Angeles and points West Through the launch of a transit connectivity program, the County of Los Angeles and Metro's efforts to promote access to jobs will be achieved. Representatives of the several communities are interested in a fast, efficient Rapid Service that would help promote a true "village" atmosphere where people live, work, shop, and enjoy leisure activities within relatively short distances of each other. Those who work and live in the Cities of Baldwin Park, Covina, El Monte, and West Covina and adjacent communities are primarily interested in a service that would provide fast, convenient service between the El Monte Transit Node and the eastern areas of San Gabriel Valley and Pomona. In addition, pedestrian linkages will promote pedestrian - oriented urban design to further encourage transit use. The implementation of pedestrian- oriented street design and amenities such as attractive street furniture and street trees, wider articulated sidewalks, distinctly branded bus stops, and unique signage, will enhance transit user experience. In addition, the improved paths of travel to and from transit centers will activate the street thereby encouraging further patronage. The feasibility study for Rapid Transit service coupled with transit infrastructures such as park- and -ride lots within transit centers as well as pedestrian linkages complement other planned transportation initiatives in the region. The feasibility study will ensure that the transit strategies are financially attainable and will meet public demand. 0 Mid Valley Transportation Corridor Plan I Transit Feasibility Study Id Valley Transportation Corridor Plan Transit Feasibility Study SCOPE OF WORK Transit Feasibility Study The Transit Feasibility Study will analyze the potential of a specialized Rapid Bus Service between the El Monte Busway to Pomona. It will also study the feasibility of establishing five (5) transit centers along the proposed corridors which include park - and -ride lots, information kiosks, pedestrian linkages, etc. The study will explore plans to provide dedicated `articulated -type' rapid buses to service express runs between El Monte and Pomona along the Ramona - Badillo corridor during peak- and non -peak periods stopping only at major destination points. The following tasks will be performed to complete a preliminary feasibility study to include analysis of specific transit corridors, identification of responsible parties to manage the proposed Rapid Bus services, determine demand to provide service, and analyze cost, in addition, the study will also analyze various locations for the proposed transit centers. 1. Collect -_ existing data: This task includes research of existing reports from Metro, Foothill Transit, SCRRA and transit local service providers that are relative to the project area. Data gathering may include: transit routes and connections, transit ridership, traffic counts and parking demands, transit center locations, bus routing, transit stop locations and amenities and rapid bus regional systems integration. Timeframe: September 25, 2008 2. Identify preliminary alternative routes: An analysis of Task 1 will be distributed to staff for input and comments. Several preliminary alternative routes and recommendations will be discussed for further study and inclusion into the final report. Timeframe: October 1, 2008 3. Create model /review alternative routes: This task will build on the inputs from Task 2 and create several models (i.e., ridership, traffic, cost) to review and evaluate the selected alternative routes and develop bus ridership estimates for each of the preliminary routes. Timeframe: October 15, 2008 0 Mid Valley Transportation Corridor Plan I Transit Feasibility Study 4. Determine which alternatives are h sicall o erationall and financially feasible: This task will analyze all the selected alternative routes and determine the most feasible and effective routing scenario and detail the physical routing, operational schedule and cost estimates for the service. Timeframe: November 1, 2008 5. Determine service infrastructure needs: This task will develop a list of infrastructure needs that can complement the commencement of the Rapid Bus system. The list may include bus stop amenities, roadway widening, signal synchronization, bus priority systems, transit center developments, pedestrian /bikeway amenities, etc. Timeframe: November 25, 2008 6. Draft report published: A draft report will be developed for staff to review and comment. Those comments will be incorporated into the final draft. Timeframe: December 15, 2008 7. Final report published: Upon staff review and comment, a final report will be generated for publication. Five copies will be produced in addition to an electronic copy (produced on a CD) of the entire report and appendices. Timeframe: December 2008 /January 2009 For performing and completing all services pursuant to the above Scope of Services, compensation is at the rate and hours as described above and in the attachment (Fee Schedule Details) totaling $60,320. Our services are eligible to utilize Proposition A/C and AB2766 funds. Anticipated Commencement Date: Anticipated Completion Date: September 2008 December 2008 /January 2009 The following key staff members will be involved in the preparation of this study: • Hal Suetsugu, Transportation Manager /Government Relations • Fiona Diaz, Senior Planner • Juliet Arroyo, Senior Planner • Jana Robbins, Traffic Analyst Mid Valley Transportation Corridor Plan 1 Transit Feasibility Stud • Yunus Rahi, P.E., Traffic Engineer • Mindy Belli, Research Analyst • Melissa Sandoval/Aaron Mlynarski, Administrative Analyst If you need additional information or have questions please feel free to contact Hal Suetsugu at (909)595-8599 ext. 143. Sincerely, TRANSTECH ENGINEERS, INC A California Corporation ja 11 1 ets u'- :eje n t Special nsultant Transportation Planning and Development C:%USERSXHAL%DOCUMENTS%HAL\BUSINESS FILES\WQRK BUS INESS\TITAN-GROUP_MVTO-CONSULTANTPROPOSAL 08 -08 VERSION 2 DOC 0 I Mid Valley Transportation Corridor Plan TIrc,"u"',i; Fsii it: Study Mid Valley Transportation Corridor Plan Transit Feasibility Study Fee Schedule Details Task # Description Hours Rate Cost Totals 1 Data collection a. Senior Planner 30 $ 160 $ 4,800 b. Research /Traffic Analyst 60 $ 120 $ 7,200 2 Identify preliminary alternative routes $12,000 a. Senior Planner 20 $ 160 $ 3,200 b. Research /Traffic Analyst 40 $ 120 $ 4,800 3 Create model/ review alternative routes $ 8,000 a. Senior Planner 20 $ 160 $ 3,200 b. Research /Traffic Analyst 30 $ 120 $ 3,600 4 Determine several alternatives, (physical, operational, financial) $ 6,800 a. Senior Planner 30 $ 160 $ 4,800 b. Transportation Engineer 25 $ 160 $ 4,000 5 Determine service infrastructure needs $ 8, 800 a. Senior Planner 40 $ 160 $ 6,400 b. Transportation Engineer 25 $ 160 $ 4,000 6 Develop draft report $10, 400 a. Senior Planner 20 $ 160 $ 3,200 b. Research /Traffic Analyst 30 $ 120 $ 3,600 c. Transportation Engineer 12 $ 160 $ 1,920 d. Administrative Anal st 30 $ 80 $ 2,400 $11,120 7 Develop final report a. Senior Planner 10 $ 160 $ 1,600 b. Administrative Analyst 20 $ 80 $ 1,600 $ 3,200 442 Total Cost $ 60,320 TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: September 17, 2008 SUBJECT: REQUEST FOR RATE INCREASE BY SOUTHLAND TRANSIT INC. FOR FUEL The purpose of this report is to provide information to the City Council in consideration of approving a request by Southland Transit, Inc. for a rate increase for transit sPrvires due to fuel costs. Southland Transit has been providing Transit Services to the City of Baldwin Park since 1997 which at the time was known as San Gabriel Valley Transit. Thru contract extensions, Southland has continued providing bus services for Dial -a -Ride and our Fixed Route Services through June 2007. The contract rates were annually adjusted as provided for in the contract. Three years before the expiration of the contract, the City purchased two new buses that were placed into service by Southland. The new buses were larger and consumed more fuel than the fleet they replaced. Southland approached the City for an increase to cover added fuel costs resulting from larger buses and increase fuel rates. However, City staff indicated that Southland was under contract, and the contract did not allow for an adjustment in increased fuel consumption, only in the unit fuel rate increases. Southland continued to provide Transit Services the last three years of the contract with no extra increases other than those provided in the contract. DISCUSSION Upon expiration of the Southland contract in June 30, 2007, Southland continued to provide Transit Services, but expressed to the City that it could not do so under the compensation rates defined in last year of the contract. Although the transit services Southland Transit Fuel Increase Request Page 2 of 3 September 17, 2008 contact had expired, a service interruption was not an option, and staff directed' Southland to continue services. Southland continued to discuss with City staff an increase to address fuel consumption by the larger buses. Their request was to increase the Transit Service hourly rate from $37.74 to $40.53, although it wasn't until July 2008 that a request with backup documentation was provided. Even though Southland incurred losses from fuel consumption during the contract, they understand these costs are unrecoverable. Rather, they desire to recover the fuel consumption increases and fuel rate increases during this past year and for the coming year. These rates would be effective until a new transit provider is in place in early 2009. Cost Increase Analysis The table below is a summary of the compensation rates including the fuel component. FY Contract Rate Assumed Fuel Cost Per Hour Rate Less Fuel Actual Fuel Cost Per Hour Excess Fuel Cost Incurred Original Contract 1997 -1998 32.00 2.64 29.36 1998 -1999 32.92 2.69 30.23 1999 -2000 33.85 2.75 31.10 2000 -2001 33.85 2.80 31.05 2001 -2002 1 33.85 1 2.86 1 30.99 Contract Renewal 2002 -2003 34.31 2.92 31.39 2003 -2004 35.14 3.00 32.14 City Furnishes Larger Buses (high r fuel consum tion not covered in contract 2004 -2005 35.97 3.09 32.88 4.27 36, 002.98 2005 -2006 36.84 3.19 33.65 5.59 73, 226.40 2006 -2007 37.74 3.28 34.46 6.32 92, 807.92 Interim Year to Year Extensions Losses incurred, Not recoverable = $202,03T30 2007 -2008 40.53 6.49 34.04 2008 -2009 43.09 8.33 34.76 Southland desires to obtain authorization for compensation at $40.53 per service hour this past year, and $43.09 the current year until a new contract takes over in about six months. The requested increase by Southland is a result of the larger buses which consume 80% more fuel, with fuel representing about 15% of the total service cost. Southland Transit Fuel Increase Request Page 3 of 3 September 17, 2008 While transit service costs may increase under a new contract, especially with larger buses that will be purchased and placed into service for dial -a -ride services, our transit system will be able to accommodate increased ridership up to new capacity levels without any added costs. This is especially significant since the demand for public transportation has already been stimulated from the increase in retail gasoline and diesel costs. One exciting aspect related to the new transit services is its "green" qualities. The new buses will use compressed natural gas (CNG), and this may also result in a cost savings due to reduced fuel rates. Natural gas costs significantly less than gasoline or diesel. Any savings will be reflected in the new contract. The table below summarizes the costs proposed by Southland, based on 2,036 service hours per month. FY FY 2006 -07 FY 2007 -08 FY 2008 -09 Budgeted Funds $925,000 $1,088,000 $1,348,600 Cost $922,000 $990,000 (est) $1,053,000 Per Service Hour $37.74 $40.53 $43.09 As the invoices came to the City for processing this past year, staff did not recognize that the billing submitted by Southland was at the $40.53 rate which was not authorized. However the staff recommended City Council action will relieve this issue. FISCAL IMPACT The proposed service rate increase by Southland represents an increase of $68,000 in FY 07 -08, and the proposed rate for FY 08 -09 represents an increase of $63,000 over the prior year. The FY 07 -08 Budget included $1,088,000, while the cost was $990,000, including the proposed increase. The FY 08 -09 Approved Budget includes $1,348,600 for transit services, while the estimated cost is $1,053,000. The proposed increases by Southland Transit are within the approved budget. There will be no impact on the General Fund. RECOMMENDATION Staff recommends that City Council approve the request for fuel increase of $40.53 for FY 2007 -2008 and $43.09 per service hour for FY 2008 -2009. ATTACHMENTS Southland Transit Cost Analysis rage 1 01 1 From: Dave Daley [dave.daley @verizon.net] Sent: Monday, July 21, 2008 11:47 AM To: David Lopez Subject: Fuel Analysis Attachments: Multi Year Fuel and Rate Analysis.xls David, I prepared the attached analysis to better show what has happened to fuel in Baldwin Park. As it shows everything went along fine until the third year of the last renewal when the big buses went in. Initially it was mostly just the fuel consumption from the larger vehicles that caused the problem but then along came the huge price increases in diesel. As a result of all this we have incurred about $236,000 in excess fuel costs over our pricing assumptions over the last four years. Hopefully this does a better job of explaining what you and William and I were talking about the other day. Let me know if there are questions. Dave Daley Chief Operating Officer Southland Transit, Inc. 3650 Rockwell Avenue El Monte, CA 91731 Phone: 626.488.3927 Fax: 626.258.1329 8/26/2008 Multi-Year Fuel and Rate Analysis Baldwin Park Contract FY Contract Rate Assumed Fuel Cost Per Hour Rate Less Fuel Actual Fuel Cost Per Hour Excess Fuel Cost Incurred Original Contract 1997-1998 32.00 2.64 29.36 1998-1999 32.92 2.69 30.23 1999-2000 33.85 2.75 31.10 2000-2001 33.85 2.80 31.05 2001-2002 33.85 2.86 30.99 Contract Renewal 2002-2003 34.31 2.92 31.39 2003-2004 35.14 3.00 32.14 (City Furnishes Larger Buses) 2004-2005 35.97 3.09 32.88 4.27 36,002.98 2005-2006 36.84 3.19 33.65 5.59 73,226.40 2006-2007 37.74 3.28 34.46 6.32 92,807.92 Interim Year to Year Extensions 2007-2008 *40.53 6.49 34.04 7.59 331562.10 2008-2009 *43.09 8.33 34.76 Total Excess Cost Incurred by Contractor 235,599.40 * Proposed Hourly Rate Interim Until Bids for New Contract O r o E E 0 0 U) _4-- CL M w U) 0 Co E 0 0 " 0 C: 0 >, a) U) J-- 0 0 CD 0 c 70 to "0 0 IL c 4- Eo CD = U- 0 M ry -0 a) o 0 - CD > M 7 0 c ui O 0 Z a) Co -0 w 0 n n o -0 0 CO 0 a) -C E cam ac 0 CO -L (n a) o E < CL W :3 m 0 =3 -0 U) 0) 0--o o a) C: c 0 0 " a) 0 Co =3 a) (n CL m 0 C: Z U) - 0 0 -F co 0- > 0 o 0 0 M Lo E F- E 0 0)-o M " M U) 0 = 0).0 a) -0 6,3, < 5 > 0 CO o co C) can) o a) 0- co 0 5 �: :2 Mo 0 C:) ID C) 0 C: — " - W < z — C to O a) y Y 73 0 0 CO M 5 n CO n c, a) a) — 0) C: 5; '5; 0 0 0" p 0 t6 0 Eu 0 0 0 @ - -j co 2i co < C'. + + C', a) 0 CI. 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"t 10 10 CO '14: 0 U U) M M CO M d' M CO 0- cm 00 LO 0 (D CD CD CD LO 00 00 00 CD CD 0 a) " U) r-- It cy i Cl i :: � cl: i P-� O 'n 0 0 - CIJ - �t (D M LO (D LO M < MN n M M LO O%t M O M LO CD LO 0 00 G =01 M zt 6 r- 6 N CD Ci Lr) L6 L6 L6 co 0 < l U) C,4 "t "t "t "0 > C', C', 00 C.0 m It "It co U') co LO 0 r- -� C'� C) dt LC) M C� 0 — (D N M CO M r- co N r M LO M M E m m a) to C a) > 0 m " 'E m ma) , 5: /)-OWmm"Co O �) ia 0 r�' L co j a) -r- 0 " < 17> 0 11 0 E E 0 0 U) _4-- CL M w U) 0 Co E 0 0 " 0 C: 0 >, a) U) J-- 0 0 CD 0 c 70 to "0 0 IL c 4- Eo CD = U- 0 M ry -0 a) o 0 - CD > M 7 0 c ui O 0 Z a) Co -0 w 0 n n o -0 0 CO 0 a) -C E cam ac 0 CO -L (n a) o E < CL W :3 m 0 =3 -0 U) 0) 0--o o a) C: c 0 0 " a) 0 Co =3 a) (n CL m 0 C: Z U) - 0 0 -F co 0- > 0 o 0 0 M Lo E F- E 0 0)-o M " M U) 0 = 0).0 a) -0 6,3, < 5 > 0 CO o co C) can) o a) 0- co 0 5 �: :2 Mo 0 C:) ID C) 0 C: — " - W < z — C to O a) y Y 73 0 0 CO M 5 n CO n c, a) a) — 0) C: 5; '5; 0 0 0" p 0 t6 0 Eu 0 0 0 @ - -j co 2i co < TO: Honorable Mayor and Members of the City Auncil Honorable Chair and Members of the Fina ci g Authority Board FROM: William Galvez, Public Works Director 0 Marc Castagnola, AICP, Community Deve pment Manager DATE: September 17, 2008 SUBJECT: Release of a Portion of the City Yard at 13135 E. Garvey Avenue from Lease to Financing Authority Due to Acquisition by CalTrans. To request that the City Council and Financing Authority release a portion of the City Yard property located at 13135 East Garvey Avenue from its lease to the Financing Authority due to the permanent acquisition of that portion of the property by CalTrans. BACKGROUND /DISCUSSION The State Department of Transportation ( "CalTrans ") needs to acquire a portion of the City Yard located at 13135 E. Garvey Avenue for the 1 -10 freeway widening project. The amount to be paid by CalTrans to the City for the acquisition of the property has been approved by the City Council. However, the City will need to take action to mitigate the impact of the acquisition by relocating the Garvey Avenue entrance gate and related structures. Negotiations regarding the additional amount that CalTrans must pay the City for the cost of mitigation are continuing. For purposes of securing the 2001 Certificates of Participation to fund the Energy Conservation and Retrofit Financing Program, the City leased a number of City properties, including the City Yard, to the Baldwin Park Financing Authority (the "Financing Lease "). In order to conclude the transaction with CalTrans, the portion of the City Yard that CalTrans will acquire in fee simple must be released from the Financing Lease. The Financing Lease allows property subject to the lease to be released from the lease if the property is being acquired by eminent domain by a public agency and the City and the Financing Authority determine that the remaining Lease Payments under the Financing Lease (as defined in the Lease Agreement) represent fair consideration for the remaining usable portions of the property because the loss of part of the property will not affect its use. C:Wmy\AMY\WORD \Reports \Financing Authority \Release from Financing Authority 8 -08 #2.DOC Financing Authority September 17, 2008 Paae 2 The portion of the City Yard being acquired by CalTrans consists of a strip of property adjacent to Garvey Avenue approximately 158 feet wide and 12 feet deep totaling approximately 1,900 square feet of area. There are no structures on this part of the City Yard property. While the part to be taken is improved with curb, gutter, sidewalk, driveway pavement and landscaping, with the planned mitigation of relocating the access gate, the function and the utility of the City Yard will not be affected. Staff recommends that the City Council and the Financing Authority adopt the attached resolutions making the necessary findings and authorizing the execution of a release of the portion of the City Yard property from the Financing Lease. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the City Council: C•Z•7►1►1Xou[or"14:1= ►4yihI -In M.� MUNN ATTACHMENTS #1 — City Council Resolution No. 2008-058 #2 — Financing Authority Resolution No. 2008-001 Map showing CalTrans Acquisition CITY COUNCIL r • 11 1 RESOLUTION NO. 2008 -058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE RELEASE OF CERTAIN PROPERTY RELATED TO CERTIFICATES OF PARTICIPATION (ENERGY CONSERVATION AND RETROFIT FINANCING PROGRAM) DUE TO THE THREAT OF EMINENT DOMAIN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the City has previously delivered $1,000,000 Certificates of Participation (Energy Conservation and Retrofit Financing Program) (the "Certificates ") in order to undertake an energy conservation and retrofit financing program; and WHEREAS, in connection with the execution and delivery of the Certificates the City and the Baldwin Park Public Financing Authority (the "Authority ") and /or U.S. Bank Trust National Association, as predecessor to U.S. Bank National Association, as trustee (the "Trustee ") entered into the following agreements: (a) the Site Lease, dated as of February 1, 2001, by and between the City, as lessor, and the Authority, as lessee; (b) the Lease Agreement, dated as of February 1, 2001, between the City, as sublessor and the Authority, as sublessee (the "Lease ") (c) the Assignment Agreement, dated as of February 1, 2001, between the Authority and the Trustee and (d) the Trust Agreement, dated as of February 1, 2001 (the "Trust Agreement "), by and among the City, the Authority and the Trustee; and WHEREAS, pursuant to the Lease, the City subleased the property known as the public works yard ( "Property ") from the Authority; and WHEREAS, the California Department of Transportation ( "CalTrans ") has threatened to condemn a one - thousand eight hundred ninety six (1,896) square foot (one- hundred fifty eight (158) feet wide and twelve (12) feet deep) area of the Property ( "Section ") for use for the 1 -10, San Bernardino Freeway expansion; and WHEREAS, CalTrans will acquire the property from the City under the threat of condemnation pursuant to the terms of a "Right of Way Contract -State Highway" or similar agreement (the "Condemnation Agreement ") between the City and CalTrans; and WHEREAS, the loss of the Section of the Property will not affect the use and occupancy of the public works yard; provided, however, that some rehabilitation to the property is necessary in order to improve the access to the yard; and WHEREAS, the City determines that the remaining Lease Payments under the Lease (as defined in the Lease Agreement) represent fair consideration for the remaining usable portions of the Property because the loss of the Section will not affect the use of the Property; and WHEREAS, pursuant to Section 6.02 of the Trust Agreement, if all or any part of the Property is sold to a government threatening to exercise the power of eminent domain, the net proceeds therefrom shall be deposited with the Trustee in the Insurance and Condemnation Fund and be transferred by the Trustee to the City to expend to repair the premises in accordance with Section 6.01 of the Trust Agreement to the extent the City notifies the Trustee and finds that (i) the eminent domain proceedings have not materially affected the interest of the City in the Leased Premises, or the ability of the City to meet any of its financial obligations under the Lease, and (ii) such proceeds are needed for repair, replacement or rehabilitation of the Leased Premises; and WHEREAS, in order for the City to retrieve the net proceeds of the sale of the property under threat of condemnation and start the rehabilitation of the public works yard, the escrow agent associated with the Condemnation Agreement has requested that the City deposit a document in escrow releasing the Section from the Lease Agreement to be recorded upon the close of the transaction; and WHEREAS, there is attached hereto as Exhibit "A" a form of release (the "Release ") for the Section; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park, as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The City Council hereby finds that (a) the eminent domain proceedings have not materially affected the interest of the City in the Property, or the ability of the City to meet any of its financial obligations under the Lease Agreement, and (ii) such proceeds of the Condemnation Agreement are needed for repair, replacement or rehabilitation of the Leased Premises. SECTION 3: The release of the Section in the form attached hereto as Exhibit `A' or similar form is hereby approved and the Mayor or Chief Executive Officer is hereby authorized to execute said release with the City Clerk or a designated Assistant or Deputy City Clerk to attest to said signature. The City Council hereby requests that the Authority assist the City as necessary in effectuating the purposes of this Resolution. SECTION 4: The Mayor or Chief Executive Officer or any officer designated in writing by the Mayor or the Chief Executive Officer is herby authorized to take such other action as necessary to effectuate the purposes of this Resolution and direct the appropriate parties under the Trust Agreement and the Lease. APPROVED AND ADOPTED this 17th day of September 2008. Manuel Lozano, Mayor ATTEST: Laura Nieto, Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, Laura Nieto, Deputy City Clerk of the City Council of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2008-058 was duly and regularly approved and adopted by the City Council of Baldwin Park at a regular meeting of the City Council held on September 17, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Laura Nieto Deputy City Clerk EXHIBIT `A' Recording requested by and when Recorded please return to: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: City Clerk's Office (Space above this line reserved for Recorder's use) RELEASE OF PROPERTY SUBJECT TO LEASE DUE TO EMINENT DOMAIN AWARD THIS RELEASE OF PROPERTY SUBJECT TO LEASE AGREEMENT ("Release") is executed as of , 2008, by the City of Baldwin Park (the "City") and the Baldwin Park Financing Authority (the "Authority"), under the threat of eminent domain by the California Department of Transportation -as evidenced by that certain Agreement for Possession and Use (the "Right of Way Agreement") relating to the property described on Exhibit "A" hereto (the "Property") and by this reference incorporated herein. The Release may be recorded upon transfer of the Property to the California Department of Transportation and full payment therefor to the City. Capitalized terms herein shall be given the meaning assigned thereto in the Trust Agreement (as hereinafter defined). The City and the Authority have previously executed and delivered that certain Lease Agreement, dated as of February 1, 2001 (the "Lease"), relating to $1,000,000 2001 Certificates of Participation (Energy Conservation and Retrofit Financing Program) (the "Certificates"). The Lease was recorded on February 20, 2001 as Document No. 01-0276749 in the Official Records of the County of Los Angeles. The Certificates were executed pursuant to the terms of the Trust Agreement, dated as of February 1, 2001 (the "Trust Agreement"), by and among the City, the Authority and U.S. Bank Trust National Association, as predecessor to U.S. Bank National Association, as trustee. Pursuant to Section 6.02(b) of the Trust Agreement, the City may use the Net Proceeds of any condemnation award deposited in the Insurance and Condemnation Fund to repair and rehabilitate the Leased Premises to the extent such eminent domain proceedings have not materially affected the interest of the City in the Leased Premises or the ability of the City to meet its financial obligations under the Lease. The City Council has adopted Resolution 2008-058 on September 17, 2008 and the Authority has adopted Resolution No. 2008-001 on September 17, 2008 making the required determinations and the City shall continue to use and occupy the remaining leased premises during and following the repair and rehabilitation of the remaining Leased Premises without any material affect on the Lease. The City is executing this release in anticipation of receiving certain of the Net Proceeds which will be applied towards the repair and rehabilitation of the Leased Premises pursuant to the terms of the Trust Agreement. This Release is not to be construed as an amendment to the Lease but rather as a mechanism to facilitate the proceedings related to the Property under the threat of eminent domain. The City and the Authority hereby agree to release the Property from the Lease due to the eminent domain award and hereby covenant to repair the Leased Premises as permitted by the Trust Agreement and the Lease. Executed this — day of 2008. CITY OF BALDWIN PARK ATTEST: By: By: Manuel Lozano, Mayor City Clerk BALDWIN PARK FINANCING ATTEST: AUTHORITY By: By: Secretary Manuel Lozano, Chair STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES M before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC EXHIBIT A DESCRIPTION OF LEASED PREMISES The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: r�- THAT PORTION OF LOT 42 OF TRACT NO. 718, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, AND ALL OF LOT 21, TRACT NO. 13211, RECORDED IN BOOK 270, PAGE 14 OF SAID MAPS, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 21, DISTANT WESTERLY THEREON 24 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 21, THENCE WESTERLY ALONG SAID SOUTHERLY LINE, TO A LINE THAT IS PARALLEL WITH, AND DISTANT EASTERLY 140 FEET, MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT 21 AND ITS NORTHERLY PROLONGATION, THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A LINE IS PARALLEL WITH AND DISTANT NORTHERLY 225 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY LINE OF LOT 21 AND ITS WESTERLY PROLONGATION, THENCE WESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHEASTERLY 433.68 FEET, MEASURED ALONG THE SOUTHWEST LINE, FROM THE NORTHWESTERLY LINE OF SAID LOT 42, THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, TO A LINE PARALLEL WITH, AND DISTANT NORTHEASTERLY 242 FEET, MEASURED AT RIGHT ANGLES, FORM SAID NORTHWESTERLY LINE OF LOT 42, THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, A DISTANCE OF 190 FEET, THENCE SOUTHWESTERLY PARALLEL WITH SAID NORTHWESTERLY LINE TO A LINE PARALLEL WITH SAID WESTERLY LINE OF LOT 31, WHICH PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE PRECIOUS METALS AND ORES THEREOF, AS RESERVED IN THE DEED OF PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN, RECORDED IN BOOK 10, PAGE 39, OF DEEDS. THAT PORTION OF LOT 42 OF TRACT NO. 718, IN THE RANCHO LA PUENTE, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 42, DISTANT THEREON SOUTH 500 55` 30" EAST 528.68 FEET FROM THE Continued on next page MOST WESTERLY CORNER THEREOF; THENCE PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 42, NORTH 390 06' 30" EAST 242 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PARALLEL WITH THE SAID NORTHWESTERLY LINE, NORTH 390 06' 30" EAST 213 FEET; THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 42, SOUTH 500 53' 30" EAST 95 FEET; THENCE PARALLEL WITH THE SAID NORTHWESTERLY LINE OF SAID LOT 42; SOUTH 39° 06' 30" WEST 213 FEET; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE OF SAID LOT 42, NORTH 500 53' 30" WEST 95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE "PRECIOUS METALS AND ORES THEREOF" AS EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND, JR. AND WILLIAM WORKMAN, IN THE PARTITION DEED RECORDED IN BOOK 10, PAGE 39 OF DEEDS. ALSO EXCEPTING THEREFROM ALL OIL, MINERALS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY UPON SAID LAND TO REMOVE THE SAME, AS RESERVED IN DEED RECORDED JULY 15, 1974, AS INSTRUMENT NO. 2642, OF OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOT 42 OF TRACT NO. 718, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE PORTION OF LOT 21 OF TRACT NO. 13211, IN THE CITY OF BALDWIN PARK, AS PER MAP RECORDED IN BOOK 270, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 21; THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LOT 21, TO THE MOST NORTHERLY CORNER OF SAID LOT 21, BEING A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 42; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, TO A POINT DISTANT SOUTHWESTERLY THEREON 433.68 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 42; THENCE NORTHEASTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 42, TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 225 FEET FROM. MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE AND ITS WESTERLY PROLONGATION OF SAID LOT 21; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, TO A LINE PARALLEL WITH AND DISTANT EASTERLY 140 FEET FROM, MEASURED AT RIGHT ANGLES TO SAID WESTERLY LINE, AND ITS NORTHERLY PROLONGATION OF SAID LOT 21; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE, TO SAID SOUTHERLY LINE OF SAID LOT 21; THENCE WESTERLY, ALONG 'SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. Continued on next Page EXCEPT THEREFROM THAT PORTION OF LOT 42, TRACT NO. 718, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, AND A PORTION OF LOT 21, TRACT NO. 13211, RECORDED IN BOOK 270, PAGE 14 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 21; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 21 TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 190.00 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOT 21; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT EASTERLY 19.00 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF LOT 21; THENCE SOUTHERLY ALONG LAST MENTIONED PARALLEL LINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 21; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF LOT 21 TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM PRECIOUS METALS AND ORES THEREOF, AS RESERVED IN THE DEED OF PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN, RECORDED IN BOOK 10, PAGE 39, OF DEEDS. End of Legal Description MCI Elk r � ii 1i RESOLUTION NO. 2008 -001 RESOLUTION OF THE BALDWIN PARK FINANCING AUTHORITY AUTHORIZING THE RELEASE OF CERTAIN PROPERTY RELATED TO CERTIFICATES OF PARTICIPATION (ENERGY CONSERVATION AND RETROFIT FINANCING PROGRAM) DUE TO THE THREAT OF EMINENT DOMAIN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the City has previously delivered $1,000,000 Certificates of Participation (Energy Conservation and Retrofit Financing Program) (the "Certificates ") in order to undertake an energy conservation and retrofit financing program; and WHEREAS, in connection with the execution and delivery of the Certificates the City and the Baldwin Park Financing Authority (the "Authority ") and /or U.S. Bank Trust National Association, as predecessor to U.S. Bank National Association, as trustee (the "Trustee ") entered into the following agreements: (a) the Site Lease, dated as of February 1, 2001, by and between the City, as lessor, and the Authority, as lessee; (b) the Lease Agreement, dated as of February 1, 2001, between the City, as sublessor and the Authority, as sublessee (the "Lease ") (c) the Assignment Agreement, dated as of February 1, 2001, between the Authority and the Trustee and (d) the Trust Agreement, dated as of February 1, 2001 (the "Trust Agreement "), by and among the City, the Authority and the Trustee; and WHEREAS, pursuant to the Lease, the City subleased the property known as the public works yard ( "Property ") from the Authority; and WHEREAS, the California Department of Transportation ( "CalTrans ") has threatened to condemn a one - thousand eight hundred ninety six (1,896) square foot (one- hundred fifty eight (158) feet wide and twelve (12) feet deep) area of the Property ( "Section ") for use for the 1 -10, San Bernardino Freeway expansion; and WHEREAS, CalTrans will acquire the property from the City under the threat of condemnation pursuant to the terms of a "Right of Way Contract -State Highway" or similar agreement (the "Condemnation Agreement ") between the City and CalTrans; and WHEREAS, the loss of the Section of the Property will not affect the use and occupancy of the public works yard; provided, however, that some rehabilitation to the property is necessary in order to improve the access to the yard; and WHEREAS, the Authority determines that the remaining Lease Payments under the Lease (as defined in the Lease Agreement) represent fair consideration for the remaining usable portions of the Property because the loss of the Section will not affect the use of the Property; and WHEREAS, pursuant to Section 6.02 of the Trust Agreement, if all or any part of the Property is sold to a government threatening to exercise the power of eminent domain, the net proceeds therefrom shall be deposited with the Trustee in the Insurance and Condemnation Fund and be transferred by the Trustee to the City to expend to repair the premises in accordance with Section 6.01 of the Trust Agreement to the extent the City notifies the Trustee and finds that (i) the eminent domain proceedings have not materially affected the interest of the City in the Leased Premises, or the ability of the City to meet any of its financial obligations under the Lease, and (ii) such proceeds are needed for repair, replacement or rehabilitation of the Leased Premises; and WHEREAS, in order for the City to retrieve the net proceeds of the sale of the property under threat of condemnation and start the rehabilitation of the public works yard, the escrow agent associated with the Condemnation Agreement has requested that the City deposit a document in escrow releasing the Section from the Lease Agreement to be recorded upon the close of the transaction; and WHEREAS, there is attached hereto as Exhibit "A" a form of release (the "Release ") for the Section; and WHEREAS, the City has requested that the Authority execute the Release to effectuate the purposes hereof; NOW, THEREFORE, BE IT RESOLVED by the Baldwin Park Financing Authority, as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The Authority hereby finds that (a) the eminent domain proceedings have not materially affected the interest of the City in the Property, or the ability of the City to meet any of its financial obligations under the Lease Agreement, and (ii) such proceeds of the Condemnation Agreement are needed for repair, replacement or rehabilitation of the Leased Premises. SECTION 3: The release of the Section in the form attached hereto as Exhibit `A' or similar form is hereby approved and the Chair or Executive Director is hereby authorized to execute said release with the Secretary or a designated Assistant or Deputy Secretary to attest to said signature. SECTION 4: The Chair or Chief Executive Officer or any officer designated in writing by the Mayor or the Executive Director is herby authorized to take such other action as necessary to effectuate the purposes of this Resolution and direct the appropriate parties under the Trust Agreement and the Lease. APPROVED AND ADOPTED this 17th day of September, 2008. MANUAL LOZANO, CHAIR FINANCING AUTHORITY ATTEST: Laura Nieto, Secretary STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, Laura Nieto, Secretary of the Baldwin Park Financing Authority, do hereby certify that the foregoing Resolution No. 2008-001 was duly and regularly approved and adopted by the Baldwin Park Finance Authority at a regular meeting of the Authority held on September 17, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Laura Nieto, Secretary *IPA, of] t 5A oil Recording requested by and when Recorded please return to: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: City Clerk's Office (Space above this line reserved for Recorder's use) RELEASE OF PROPERTY SUBJECT TO LEASE DUE TO EMINENT DOMAIN AWARD THIS RELEASE OF PROPERTY SUBJECT TO LEASE AGREEMENT ("Release") is executed as of 2008, by the City of Baldwin Park (the "City") and the Baldwin Park Financing Authority (the "Authority"), under the threat of eminent domain by the California Department of Transportation as evidenced by that certain Agreement for Possession and Use (the "Right of Way Agreement") relating to the property described on Exhibit "A" hereto (the "Property") and by this reference incorporated herein. The Release may be recorded upon transfer of the Property to the California Department of Transportation and full payment therefor to the City. Capitalized terms herein shall be given the meaning assigned thereto in the Trust Agreement (as hereinafter defined). The City and the Authority have previously executed and delivered that certain Lease Agreement, dated as of February 1, 2001 (the "Lease"), relating to $1,000,000 2001 Certificates of Participation (Energy Conservation and Retrofit Financing Program) (the "Certificates"). The Lease was recorded on February 20, 2001 as Document No. 01- 0276749 in the Official Records of the County of Los Angeles. The Certificates were executed pursuant to the terms of the Trust Agreement, dated as of February 1, 2001 (the "Trust Agreement"), by and among the City, the Authority and U.S. Bank Trust National Association, as predecessor to U.S. Bank National Association, as trustee. Pursuant to Section 6.02(b) of the Trust Agreement, the City may use the Net Proceeds of any condemnation award deposited in the Insurance and Condemnation Fund to repair and rehabilitate the Leased Premises to the extent such eminent domain proceedings have not materially affected the interest of the City in the Leased Premises or the ability of the City to meet its financial obligations under the Lease. The City Council has adopted Resolution 2008-058 on September 17, 2008 and the Authority has adopted Resolution No. 2008-001 on September 17, 2008 making the required determinations and the City shall continue to use and occupy the remaining leased premises during and following the repair and rehabilitation of the remaining Leased Premises without any material affect on the Lease. The City is executing this release in anticipation of receiving certain of the Net Proceeds which will be applied towards the repair and rehabilitation of the Leased Premises pursuant to the terms of the Trust Agreement. This Release is not to be construed as an amendment to the Lease but rather as a mechanism to facilitate the proceedings related to the Property under the threat of eminent domain. The City and the Authority hereby agree to release the Property from the Lease due to the eminent domain award and hereby covenant to repair the Leased Premises as permitted by the Trust Agreement and the Lease. Executed this — day of 2008. CITY OF BALDWIN PARK ATTEST: By: By: Manuel Lozano, Mayor City Clerk BALDWIN PARK FINANCING ATTEST: AUTHORITY By: By: Secretary Manuel Lozano, Chair STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC DESCRIPTION OF LEASED PREMISES The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: PARCEL 1: THAT PORTION OF LOT 42 OF TRACT NO. 718, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, AND ALL OF LOT 21, TRACT NO. 13211, RECORDED IN BOOK 270, PAGE 14 OF SAID MAPS, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 21, DISTANT WESTERLY THEREON 24 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 21, THENCE WESTERLY ALONG SAID SOUTHERLY LINE, TO A LINE THAT IS PARALLEL WITH, AND DISTANT EASTERLY 140 FEET, MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT 21 AND ITS NORTHERLY PROLONGATION, THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A LINE IS PARALLEL WITH AND DISTANT NORTHERLY 225 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY LINE OF LOT 21 AND ITS WESTERLY PROLONGATION, THENCE WESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHEASTERLY 433.68 FEET, MEASURED ALONG THE SOUTHWEST LINE, FROM THE NORTHWESTERLY LINE OF SAID LOT 42, THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, TO A LINE PARALLEL WITH, AND DISTANT NORTHEASTERLY 242 FEET, MEASURED AT RIGHT ANGLES, FORM SAID NORTHWESTERLY LINE OF LOT 42, THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, A DISTANCE OF 190 FEET, THENCE SOUTHWESTERLY PARALLEL WITH SAID NORTHWESTERLY LINE TO A LINE PARALLEL WITH SAID WESTERLY LINE OF LOT 31, WHICH PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE PRECIOUS METALS AND ORES THEREOF, AS RESERVED IN THE DEED OF PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN, RECORDED IN BOOK 10, PAGE 39, OF DEEDS. THAT PORTION OF LOT 42 OF TRACT NO. 718, IN THE RANCHO LA PUENTE, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 42, DISTANT THEREON SOUTH 500 55' 30" EAST 528.68 FEET FROM THE Continued on next page MOST WESTERLY CORNER THEREOF; THENCE PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 42, NORTH 390 06' 30" EAST 242 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PARALLEL WITH THE SAID NORTHWESTERLY LINE, NORTH 390 06' 30" EAST 213 FEET; THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 42, SOUTH 500 53' 30" EAST 95 FEET; THENCE PARALLEL WITH THE SAID NORTHWESTERLY LINE OF SAID LOT 42; SOUTH 390 06' 30" WEST 213 FEET; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE OF SAID LOT 42, NORTH 50° 53' 30" WEST 95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE "PRECIOUS METALS AND ORES THEREOF" AS EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND, JR. AND WILLIAM WORKMAN, IN THE PARTITION DEED RECORDED IN BOOK 10, PAGE 39 OF DEEDS. ALSO EXCEPTING THEREFROM ALL OIL, MINERALS, HYDROCARBON SUBSTANCES IN OR UNDER SAID LAN DEPTH OF 500 FEET FROM THE SURFACE OF SAID RIGHT OF SURFACE ENTRY UPON SAID LAND TO RE: RESERVED IN DEED RECORDED JULY 15, 1974, AS 2642, OF OFFICIAL RECORDS. PARCEL 3: AND OTHER D LYING BELOW A LAND, BUT WITH NO 9OVE THE SAME, AS INSTRUMENT NO. THAT PORTION OF LOT 42 OF TRACT NO. 718, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE PORTION OF LOT 21 OF TRACT NO. 13211, IN THE CITY OF BALDWIN PARK, AS PER MAP RECORDED IN BOOK 270, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 21; THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LOT 21, TO THE MOST NORTHERLY CORNER OF SAID LOT 21, BEING A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 42; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, TO A POINT DISTANT SOUTHWESTERLY THEREON 433.68 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 42; THENCE NORTHEASTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 42, TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 225 FEET FROM. MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE AND ITS WESTERLY PROLONGATION OF SAID LOT 21; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, TO A LINE PARALLEL WITH AND DISTANT EASTERLY 140 FEET FROM, MEASURED AT RIGHT ANGLES TO SAID WESTERLY LINE, AND ITS NORTHERLY PROLONGATION OF SAID LOT 21; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE, TO SAID SOUTHERLY LINE OF SAID LOT 21; THENCE WESTERLY, ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. Continued on next page EXCEPT THEREFROM THAT PORTION OF LOT 42, TRACT NO. 718, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS .ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, AND A PORTION OF LOT 21, TRACT NO. 13211, RECORDED IN BOOK 270, PAGE 14 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 21; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 21 TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 190.00 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOT 21; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS PARALLEL WITH AND DISTANT EASTERLY 19.00 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF LOT 21; THENCE SOUTHERLY ALONG LAST MENTIONED PARALLEL LINE TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 21; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF LOT 21 TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM PRECIOUS METALS AND ORES THEREOF, AS RESERVED IN THE DEED OF PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN, RECORDED IN BOOK 10, PAGE 39, OF DEEDS. End of Legal Description k 1 IT 1 8556-022-900 q SW T UR A N R o jT G 0F JOY €eRARS C,,I,. x r 7 J_ yy rv, W ( + ' CITY OF BALDWIN PARK L: p n MAINTENANCE BUILDING co f ,,, i i c S �: �.......t.r ro ose - t :; ., ....a.. i � Property Line/ � 7� xlst)p P, rp e Y- Line N E /W ,. GARVEY Ave PLANNING DIVISION N Not tc Scale TO: Honorable Mayor and Members of the City Council FROM: Lili Hadsell, Chief of Police DATE: September 17, 2008 SUBJECT: CITY COUNCIL CONSIDERATION AND ADOPTION • RESOLUTION NO. 2008-052 IN SUPPORT AND APPROVAL OF AN APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Purpose Staff requests City Council hold a public hearing and approve and support an application for a grant from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program (the "JAG Program"). Background/Discussion The JAG Program is part of the U.S Department of Justice, Office of Justice Programs, which was designed to streamline justice funding to local governments to support activities to prevent and control crime based on local needs. The JAG Program funding is formulated and determined by population and Part 1 violent crime statistics. The City of Baldwin Park Police Department was allocated $11,995 toward crime prevention/control. The funding will be used to purchase notebook computers and office furniture for a Crime Free Multi-Housing Program/Community Policing Office. The police department plans to use funds from the JAG Program for the purchase of computers to establish, maintain and disseminate information concerning the Crime Free Multi-Housing Program. Other office items such as workstations and office supplies will also be purchased with these funds. This office will be located at the existing police sub-station at 3216 Baldwin Park Boulevard. Aside from the Crime Free Multi-Housing Program, the police department will also utilize this office as a place where citizens can voice their concerns about crime, the fear of crime and provide information to assist in the deterrent of both. The City Attorney reviewed and approved the resolution as to form and content. Fiscal Impact No negative impact to the general fund. If awarded, then the JAG Program will fund the purchase of five notebook computers and five workstations at a cost of $11,500.00. Recommendation Staff recommends, after opening and closing a public hearing and considering any testimony received, the City Council waive further reading, read by title only and adopt Resolution No. 2008-052 entitled," RESOLUTION OF THE CITY OF BALDWIN PARK CITY COUNCIL EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM." Attachment: • Edward Byrne Memorial Justice Assistance Grant Description • Resolution 2008-052 Resolution 2008-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM WHEREAS, the U.S Department of Justice, Office of Justice Programs will provide funds to local governments to support activities to prevent and control crime; WHEREAS, the City of Baldwin Park is allocated funds through the Edward Byrne Memorial Justice Assistance Grant Program (the "JAG Program") as part of the Office of Justice Programs; WHEREAS, the procedures established by the JAG Program require the City Council to adopt a resolution expressing support for the application after holding a public hearing for the same; WHEREAS, the City Council held a public hearing on this matter on September 17, 2008, to hear all comments from the public and to consider this matter; and WHEREAS, the City, if successful in its request for the grant, will enter into a contract with the U.S Department of Justice, Office of Justice Programs for the grant; NOW, THEREFORE, the City Council of the City of Baldwin Park DOES HEREBY RESOLVE, as follows; The City Council: 1. Expresses support for the project; and 2. Consents to the project and accepts the work, goods, or services provided through the project, and , III I I I I I I I F I I I I I lI I I I I I I I I I I I III ■ •• Z . 0 4. Authorizes the Chief of Police, or her designee, to sign any and all documents necessary for the grant, subject to approval as to form by the city attorney. PASSED AND APPROVED THIS 17th day of September 2008 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK 1, LAURA NIETO, Deputy City Clerk of the City of Baldwin Park, so herby certify the forgoing resolution was duly and regularly approved and adopted by the City Council of the Baldwin Park at a regular meeting of the City Council on September 17, 2008, by the following vote: AYES: NOES: Laura Nieto Deputy City Clerk City of Baldwin Park 2008 Edward Byrne Memorial Justice Assistance Grant Description The City of Baldwin Park Police Department is currently in the process of partnering with local agencies to create a Crime Free Multi - Housing Program. The Crime Free Multi - Housing Program is a state -of -the -art crime prevention program designed to help tenants, owners, and the managers of rental property to keep drugs and other illegal activity off their multi - housing properties. The effectiveness of the program is based on its ability to establish a partnership between law enforcement, property owners, residents and other local agencies. As such, the City of Baldwin Park was given a store front office in a shopping center at 3060 Baldwin Park Blvd., to be used as a police sub- station. The police department plans to utilize this location as its base of operation for the Crime Free Multi - Housing Program. The officers working out of this office will host meetings with the involved stake holders, provide training to property owners and provide property owners a place to voice their concerns about individual tenants and receive updated information to assist with the program. The police department plans to use funds from the JAG program for the purchase of computers to establish, maintain and disseminate information concerning the Crime Free Multi - Housing Program. Other office items such as workstations and office supplies will also be purchased with these funds. Aside from the Crime Free Multi - Housing Program, the Baldwin Park Police Department will also utilize this office as a place where citizens can voice their concerns about crime, the fear of crime and provide information to assist in the deterrent of both. r1l III/ la2;N1 RAT nNAIINJ 11 1 N' K I K "M now, �m Honorable Mayor and Members of the City Coun - ! I FROM: Marc Castagnola, Community Development Man Edwin "William" Galvez, Public Works Director FATE: September 17, 2002, at, 1�`R 1fE SUBJECT: Continued from 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 Citv 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 (Reference Attachment #3 — August 13,2008 Planning Commission Minutes). 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 DR -32 & TM -61345 modification September 17, 2008 Page 2 Planned Development. The site is located within an established single - family 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 Adjacent 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. T t ie Planning Division has completed pleted an environmental analysis, and has determined the project will not have a significant impact upon the environment. Pursuant to that determination, a Draft Negative Declaration of Environmental Impact has been prepared pending approval by the City Council. 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, , 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 DR -32 & TM -61345 modification September 17, 2008 Page 3 maintenance and future reconstruction of the street (i.e. asphalt repairs and curb /gutter). It also provides for continual street sweeping, 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 private street was built with a 26' width and a 30' radius.) - Roadway condition does not meet minimum right -of -way standards as required by the City's Public Works Department (no sidewalk and handicap 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. 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. oR*eaTM-61n4omodification September 17.zoon pao"4 DISCUSSION PU[SU8Dt to Article XXI}( Of the CC&R'S' the /\SSOCiBdiOD is required to D8V for the Dl8iDt8D8DCB and repair Of the D[iV8i8 CU|-de-S8C street. It also St8i8S the City shall not be required to, and will not, perform any maintenance services, including, but not limited t0, fU1UF8 asphalt [8Dai[S' CU[h and gUi[8r and sidewalk [8D8i[S and StK}9t SYV8RDiDg of the D[iV8t8 cul-de-sac street of the project. PUBU8Ot 1O Civil Code SDOi0D 1363 (see also 88CiDO 1351)' when @ separate D[Op8rtv interest is coupled with an interest in 8 CODl[OOO G[8@. the OU000O area must be Dl8Dag8d by an 8SSOCi81iOD. Because the subject development iOClUd8S the private CUl-d8'S8C (i.e C0DlDlOO 8[eG\' the [8QUe8i D8C88S8[i/y [8QUi[8S the private CUl-dB-S88 be dedicated to the City or 0USt otherwise 8liDliO8t8 the cul-de- sac as @COD101DO 8[R8. As such, the GDDliC8Dt is offering LO dedicate the CU[0BOtlV private sub-standard CUl-d8-S8C street within the development tO the City for use and maintenance 888 public street. Currently the OVVO8[S Of all 16 units within the d8V8|ODDlBOt [O8iDt@iD the HO/\and the owners Of those units (only 30fwhich have been sold t0 date h«the d8Ve|Op8h DGV for its financial obligations, including the street DlaiDtRD2OCS and [8D8i[. U the H(]/\were eliminated after 8 legal method for co-ownership of the cul-de-sac were devised, then the cost Of the street maintenance would still be bourn hy the property OVVn8[S' including the two /2\ low-income UOiiS which are CU[F8ntlV occupied. However, with the HO/\O[ some other single entity responsible for maintenance and [OD@iy Of the CUl-de-S8O' it is very pOSSihl8 fUtU[B [D8iDteD8DOO D88dS Of the SƒrR8t will not be met, which could affect the USO Of the street by trash [[UCkG' St[8ei sweepers and public safety vehicles. [}GSSd OO all @fO[8[DeDtjODed iS8U8S, staff could CODSide[ 8/i[DiD81iDg the H[}A/CC&R'SVVith the cul-de-sac [8OO@iDiDg 8 private street only if certain CODditiOOS are met. 'A signed recorded agreement Submitted to the City by the D0DSdn owners stating the owners will he responsible, financially and otherwise, for any future DlaiOb2O8OQB and rBO8i[S Of the cul-de-sac and StOrOl VV8te[ culvert and liability resulting from those iOODrOV8DleOiS. ID addition to other legal PBOl8di88 available to the City (e.g. filing suit to compel compliance with the agreement), the 8gr8eDl8O[ should D[OVid8 in the event the DFODed« OVVD8[S fail to Dl@iOt8iO the cul-de-sac, the City could make all necessary repairs and all costs shall be Dl@O8d as 8 lien against the Dr0D8di8G. - /\ diSClOSU[e to future OVVO8FS. at the time Of purchase, indicating they are buying into @ D[iVGt8 street and future liability and COGtS may be incurred. - The 8hOVe agreement shall be pP3D8U2d by the developer tOthe satisfaction of the City Attorney. The developer shall D8V all Cih/ attorneys f88S @8SDCi@t8d with that document. DR-32 & TM-61345 modification September 17, 2008 Paqe 5 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. STREET DEDICATION — Public Works 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 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 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. 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. DR -32 & TM -61345 modification September 17, 2008 Page 6 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, it would also likely be responsible for injuries and damages that may result from the substandard nature of the street. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. � � • 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 — DenV the request (deny elimination of the HOA and deny the street dedication). See Resolution #1 as follows: •- Option #2 — Approve the elimination of the HOA with certain conditions listed above and deny the street dedication. See Resolution 42 as follows: 2) Adopt Resolution 2008-059(B) entitled: "A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CONDITIONALLY APPROVING AN AMENDMENT TO THE DEVELOPMENT PLAN AND TENTATIVE r •' ELIMINATING THE HOA/CC&R's DENYING ACCEPTANCE OF A SUBSTANDARD LOCATION: APPLICANT: CORPORATION)" DR -32 & TM -61345 modification September 17, 2008 Paae 7 The resolution in option #2 includes the following findings of fact with conditions of approval: 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 incluide: street width, length of cul -de -clan ivy i vi � i uv 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. 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. DR-32 & TM-61345 modification September 17, 2008 Page 8 #1 - Vicinity Map #2 - Tract Map showing proposed street dedication #3 - August 13, 2008 — Planning Commission Minutes #4 - Environmental Data — Draft Negative Declaration and Initial Study #5 - Application Form and Statements #6 - Resolution 2008-059(A) #7 - Resolution 2008-059(B) 11 a vak 4030 1 1 41045 1 4024 4041 C- 71 4035 4 4016 4018 4031 < 01 4 6 024 4041 4025 < 4012 4021 4015 3950 4009 4 1318,2 3942 1 81 3 4 4003 Ism. MANION LLE v] ST A A N CASE NO.: DR-32 and TM-61345 Modification ADDRESS: 3940-3948 Walnut Street DATE: September 3, 2008 Not tc Scale Tract Map showing proposed street dedication August 13, 2008 — Planning Commission Minutes • •A • 1Fdr-jelfillp!... s loss • Tiff Lnftlg_ WEDNESDAY, August 13,2008 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park James R. Dexter II, Chair Andrea Carrillo, Vice Chair Angela Alvarado, Kimberly Lazcano, Irma Martinez Commissioners The Planning Commission of the City of Baldwin Park met in at the above time and place. FZTOJWA•_11 Present: Chair James Dexter, Commissioner Irma Martinez, Commissioner Angela Alvarado, Commissioner Kimberly Lazcano. Absent: Vice Chair Andrea Carrillo. Also Present: Amy Harbin, City Planner, Salvador Lopez, Associate Planner, Jorge Zarza, Assistant Planner, Christy Lopez, Assistant City Attorney, Mayra Vargas, Planning Commission Secretary. 1) Minutes from May 14, 2008 2) Minutes from July 23, 2008 Motion: Approve CONSENT CALENDAR Moved by Commissioner Angela Alvarado, seconded by Chair James Dexter. SET MATTERS - PUBLIC HEARINGS, A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE DEALERSHIP WITHIN THE 1, INDUSTRIAL ZONE, PURSUANT TO SECTION 153.227 (FF) OF THE CITY'S MUNICIPAL CODE. (APPLICANT: ALEXANDER SERAFIN; LOCATION: 15480 ARROW HIGHWAY, SUITE 203; CASE NUMBER: CP-762). Chair Dexter called for Public Communications. There being no interest, Chair Dexter CLOSED Public Communications and called for staff report. Assistant Planner Zarza presented staff report. Chair Dexter confirmed next meeting date of September 24th and asked for Commission questions to staff. There being no questions, Chair Dexter called for a motion to continue item to September 24, 2008. Motion: Approve A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE DEALERSHIP WITHIN THE 1, INDUSTRIAL ZONE, PURSUANT TO SECTION 153.227 (FF) OF THE CITY'S MUNICIPAL CODE. (APPLICANT: ALEXANDER SERAFIN; LOCATION: 15480 ARROW HIGHWAY, SUITE 203; CASE NUMBER: CP-762). Staff recommends that the Planning Commission continue item to September 24, 2008, Moved by Chair James Dexter, seconded by Commissioner Angela Alvarado. A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF A STAFFED RECYCLING FACILITY IN CONJUNCTION WITH GROCERY MARKET WITHIN THE FC(SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE PURSUANT TO SECTION 153.152 (S) OF THE CITY'S MUNICIPAL CODE. (APPLICANT: ROBERT MARTINEZ REPRESENTING TOMRA PACIFIC LAND SERVICES, INC.; LOCATION: 3000 BALDWIN PARK BLVD.; CASE NUMBER: CP- 761). Chair Dexter called for staff report Assistant Planner Zarza presented staff report to Commission. He stated that applicant was present. Assistant City Attorney Lopez stated that Commissioner Lazcano just arrived. Chair Dexter called for Commission questions to staff. Commissioner Alvarado asked if the machines would be open 24 hours or have certain hours of operations. Applicant Brian Jackson of TOMRA Pacific replied that the machines are programmable but their policy does not have them operating beyond store hours. Commissioner Martinez asked if there are similar facilities like the one being proposed in the community? Assistant Planner Zarza replied that this machine would be the first in the city. Chair Dexter asked if applicant currently operates similar facilities within the area and how successful the are. Applicant replied that they do have similar facilities and believe they are successful. Commissioner Alvarado asked if cash would be dispensed or given a ticket to cash at Food 4 Less. Applicant replied that the client would be issued a ticket to be cashed at Food 4 Less. Applicant asked if their hours of operation could be changed from 10:00 am to 4:30 pm to the times of 8:00 am to 5:00 pm. Assistant Planner Zarza stated that there would be no problem with that change of hours. Chair Dexter stated that the request would be taken into consideration. Chair Dexter declared Public Hearing OPEN. There being no interest, Chair Dexter CLOSED Public Hearing. Chair Dexter called for a motion as amended, as sited in the memo and added the change of hours of operation. Assistant City Attorney Lopez clarified that reference to hours of operations, would be from 8:00 am to 5:00 pm. condition of approval E2, which made changed to reflect the hours of operations Assistant City Attorney Lopez stated that there would also be a change in section 2 sub-paragraph C, which made a reference of hours of operation from 10:00 am to 4:30 pm, would also be changed to 8:00 are to 5:00 pm. Chair Dexter called for a motion. Motion: Approve A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF A STAFFED RECYCLING FACILITY IN '-*'-"k'jUNC-1 !ON WITH GROCERY MARKET WITHIN THE FC(SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE PURSUANT TO SECTION 153.152 (S) OF THE CITY'S MUNICIPAL CODE. (APPLICANT: ROBERT MARTINEZ REPRESENTING TOMRA PACIFIC LAND SERVICES, INC.; LOCATION: 3000 BALDWIN PARK BLVD.; CASE NUMBER: CP-761). Staff recommends that the Planning Commission adopt Resolution PC 08-08 entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT TO ALLOW A STAFFED RECYCLING FACILITY IN CONJUNCTION WITH A GROCERY MARKET WITHIN THE FC, FREEWAY COMMERCIALZONE, PURSUANT TO SECTION 153.152(S) OF THE CITY'S ZONING CODE (APPLICANT: ROBERT MARTINEZ REPRESENTING TOM•A PACIFIC, LOCATION: 3000 BALDWIN PARK BOULEVARD; CASE NO.: CP- 761)." Moved • Commissioner Irma Martinez, seconded by Commissioner Angela Alvarado. A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A FINANCIAL INSTITUTION WITHIN THE EXISTING WAL-MART DEPARTMENT STORE WITHIN THE FC, FREEWAY COMMERCIAL ZONE, PURSUANT TO SECTION 153.152 (D) OF THE CITY'S MUNICIPAL CODE. (APPLICANT: E-1 FINANCIAL CREDIT UNION; LOCATION: 3250 BIG DALTON AVENUE; CASE NUMBER: CP-750). Chair Dexter excused himself due to living within the 500' radius of the location. Commissioner Martinez called for staff report. City Planner Harbin presented staff report to Commission. There being no questions, Commissioner Martinez OPENED Public Hearing Commissioner Martinez called for Commission questions to staff. Alicen Wong, on behalf of applicant El Financial, thanked City Planner Harbin and Chief Hadsell for considering the request to modify the condition on safety and bullet proof glass. She had a question regarding condition of approval #18, which states that El Financial will sign the affidavit accepting the conditions of approval. She requested that the condition be modified so that the applicant or property owner shall sign the notorized affidavit since El is the tenant and Wal-mart is the property owner, Assistant City Attorney Lopez commented that El Financial should still sign affidavit. Ms. Wong stated that it would be better for Walmart to sign since they are the property owner and are more inclined to make sure conditions were met. Attorney Lopez asked if staff was in agreement with applicant, City Planner Harbin replied yes. David Davidson on behalf of his father-in-law Refucio Baca 4229 Downing Avenue, spoke in favor of El financial and said it would be good to have this facility in the community. He encouraged the Commission to approve having El Financial in the Wal-mart. He had a question regarding the membership process with the residents. Commissioner Martinez asked City Planner Harbin to reply to the question of Mr. Davidson. City Planner Harbin stated that the city does not get involved in business matters of how a respected company runs their business, but after researching El website, residents of Baldwin Park could be eligible for membership. There being no further comments, Commissioner Martinez CLOSED Public Hearing. Assistant City Attorney Lopez recommended that the applicant or property owner sign the affidavit within 20 day after resolution is approved. Commissioner Alvarado asked if it would be better to change the wording so that anywhere it states applicant, they can put applicant and property owner. Assistant City Attorney Lopez replied that there would be no need. Commissioner Martinez called for a motion. Motion: Approve A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A FINANCIAL INSTITUTION WITHIN THE EXISTING WAL-MART DEPARTMENT STORE WITHIN THE FC, FREEWAY COMMERCIAL ZONE, PURSUANT TO SECTION 153.152 (D) OF THE CITY'S MUNICIPAL CODE. (APPLICANT: E-1 FINANCIAL CREDIT UNION; LOCATION: 3250 BIG DALTON AVENUE; CASE NUMBER: CP-750). Staff recommends that the Planning Commission open the public hearing and following the public hearing adopt Resolution PC 08 -06 entitled, " A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE A MODIFICATION TO A CONDITIONAL USE PERMIT ALLOVVING A FINANCIAL INSTITUTION WITHIN AN EXISTING WAL -MART DEPARTMENT STORE BUILDING WITHIN THE FC(SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE, PURSUANT TO SECTION 153.152 (D) OF THE CITY'S MUNICIPAL CODE (APPLICANT. E -1 FINANCIAL CREDIT UNION; LOCATION: 3250 BIG DALTON AVENUE; CASE NUMBER: CP- 750)'° Moved by Commissioner Angela Alvarado, seconded by Commissioner Kimberly Lazcano. 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 NUMBER: AGP -113; LOCATION: 13402 RAMONA BLVD.; APPLICANT: DEMESNE DEVELOPMENT COMPANY). Chair Dexter called for staff report Associate Planner Lopez presented report to Commission. Chair Dexter called for Commission question to staff. There being no questions from Commission, Chair Dexter OPENED Public Hearing. Mark Sellers on behalf of applicant, gave a brief history of property site. He stated that the property is not suitable for residential use and applicant should be allowed to invest his proposed project. Chair Dexter asked if there were any proposals for the property. Mr. Sellers replied that there was a small market for the size of the property. Chair Dexter asked if there were anymore questions. Pedro Ramos, resident at 13408 Ramona Parkway, stated that he recieved a letter from the association stating that his property would be affected from this proposal. He wanted more information regarding the case. Assistant City Attorney Lopez stated that they would not be affected from this proposal. Manuel Gomez, resident at 13416 Ramona Parkway, stated that he is also against any commercial developments being done across from his property. He would like more information regarding any projects be proposed. Chair Dexter stated the change in designation was the case tonight and that they would take there comments into consideration for the future proposed project. Dolores Mendez, resident at 13352 Ramona Parkway, wants to make sure this case is not going to affect their property. She stated that they have recieved different information and just wants more information before any decisions are made. Associate Planner Lopez stated that this case is only for redesignation and would not be affecting any properties along Ramona Parkway. This is a request to change the zoning designation so that the construction of a commercial building can be approved There being no further comments, Chair Dexter CLOSED Public Hearing. Commissioner Alvarado asked if the proposed lot was empty. Associate Planner Lopez stated that there is only a wireless tower in the form of a monopine on the property. (CASE ITotion: Approve 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. LOCATION: 14t s A O . BLVD.; . • • A DEMESNE DEVELOPMENT O s A recommends that the Planning Commission adopt Resolution PC 08-09 entitled, " A RESOLUTION OF PLANNING COMMISSION OF OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVE AN AMENDMENT TO THE CITY'S GENERAL D O REDESIGNATE PROPERTY AT 13402 RAMONA BLVD, FROM GARDEN MULTI-FAMILY RESIDENTIAL TO GENERAL COMMERCIAL (CASE NUMBER: AGP-1 13; LOCATION: 13402 RAMONA BLVD.; APPLICANT: DEMESNE DEVELOPMENT COMPANY) Moved by Chair James Dexter, seconded by Commissioner Kimberly Lazcano. 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 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, SINGLE - FAMILY RESIDENTIAL ZONE, PURSUANT TO SECTIONS 153.274 AND 152.07 OF THE CITY'S MUNICIPAL CODE. A RELATED REQUEST IS FOR ACCEPTANCE OF A STREET DEDICATION BY THE CITY OF A PRIVATECUL -DE -SAC STREET FOR PUBLIC PURPOSES. Adopt Resolution PC 08-10(A) entitled: "A RESOLUTION OF THE PLANNING COMMISSION OF OF A CITY COUNCIL DENY AN AMENDMENT O THE DEVELOPMENT TENTATIVE TRACT MAP AND DENY 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 Adopt Resolution PC 08-10(B) entitled: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVE AN AMENDMENT TO THE DEVELOPMENT PLAN AND TENTATIVE TRACT MAP AND DENY ACCEPTANCE OF A SUBSTANDARD CUL- DE-SAC STREET WITH CONDITIONS STIPULATED FOR OPTION 1 IN THE STAFF REPORT; (CASE NO. DR-32, TM-61345; LOCATION: 3940-3948 WALNUT STREET: APPLICANT: D.C. CORPORATION)". Chair Dexter called for staff report. Associate Planner Lopez presented report to Commission. Assistant City Attorney Lopez clarified new resolutions stating that option 'A' remained same with minor changes, and option 'B' added was Section 4 clarifing .... Chair Dexter called for Commission questions to staff. Chair Dexter asked what the meaning of substandards meant. Associate Planner Lopez stated that substantards meant that it does not met the minimum requirements for the LA County Fire Department per the City's Engineering Dividsion and the City Streets and Highways Code section. Chair Dexter asked if it was referred to the grade of the material used or the method it was paved? Associate Planner Lopez replied that it was based on standards for width requirements and standards for radius requirements. Chair Dexter asked when this project was approved, Associate Planner Lopez replied it was approved by Planning Commission and City Council in 2005. Chair Dexter asked what it would have to be considered an acceptable standard. How much width would it need? What width was it now? Associate Planner Lopez replied it is currently 26 feet with a radius of 30 and to be an acceptable standard it would have to be at least a minimun of 40 feet and a radius of 42. Chair Dexter asked the occupancy of homes. Associate Planner replied that two were sold and occupied for low income, three were being rented according to applicant, one was sold at market rate. Commissioner Martinez asked why the project had been approved. Associate Planner Lopez replied that Planning Division originally denied the project and the applicant appealed to the City Council, The City Council made a policy decision to override the minimum 40 foot requirement width as set by the Streets and Highway Code and because the applicant offered to have the CC&R which would regulate the private street , was the reason it was also approved. Commissioner Martinez asked if they were trying to get rid of the CC&R's Associate Planner Lopez replied yes Assistant City Attorney Lopez stated that documents would be on file regarding the project. Commissioner Martinez was concerned about real estate knowing what has been changed in property information. Associate Planner Lopez stated that all information would have to be disclosed a the time of sale by the property owner. Chair Dexter stated that his main concern is that when you look at a Home Owners Association, you think of a gated community and back when the project was approved it was not gated. Unless you know the diameters, the development looks like other SFR developments in the city. How would they sell to first time buyer if they know there can potentially have a lein put on their home? He stated that he understood that this project was going to go back to City Council. Associate Planner Lopez replied yes it would go to City Council. There being no other questions, Chair Dexter OPENED Public Hearing. Applicant Don Cook, DC Corporation, 14703 Sugergurn Road, Hacienda Heights, wanted to make it simple for Commission to understand his request. Mr. Cook presented his case and handed out plans for Commission to review. Mr. Cook asked if Commission had any questions for him. Commissioner Martinez was concerned with the fire department decision. Mr. Cook replied that it was very clearly stated in the report that the Fire Department approved and accepted the project, they signed the Certificate of Occupancy, the 801 form. Chair Dexter asked Associate Planner Lopez if the Fire Deparrtment had been consulted with the new resolution. Associate Planner replied no because it was being recommended for denial, Commissioner Martinez wanted clarification about the HOA requirement dues and how much they were. Craig Cook 14715 Lozano Drive, Baldwin Park, stated that the HOA dues were a little less than $100 dollars a month. He stated that the market is tough and they are lowering prices and renting properties so the community dosen't look empty. He is asking for 800 feet and he stated they are not taking anything away from the community. Commissioner Martinez asked how wide the street was. Associate Planner Lopez replied that it was 26 feet. Chair Dexter asked if staff had pictures or slides of property to show Commission if the computer was working. Associate Planner Lopez replied that they had a slide presentation. City Planner Harbin gave a brief history of Baldwin Park City standards Commissioner Martinez asked if the HOA dues are only for the properties that have bought the cul-de-sac or the entire development. Mr. Cook replied that all houses on track get benefits from HOA's, the dues pay for the cost of the cul-de-sac and the dues pay to mow the front yards. Chair Dexter stated that he was having a difficult time understanding how the HOA's will work to benefit homeowners. From a law enforcement standpoint, in his opinion, fire department would not go into a cul-de-sac. Mr. Cook stated that the fire hydrant that serves the area is right at the mouth of the cul-de-sac, so the fire department can pull up next to it and hook up to it. He also stated that the Fire Department already signed off on this project, last August, as stated in report. Commissioner Martinez asked if the developers designed the cul-de-sac. Associate Planner Lopez replied yes. Commissioner Alvarado asked if all the homes would be paying to maintain the cul- de-sac. Associate Planner Lopez replied that the homes that were on the cul-de-sac were the only ones that would pay to maintain the street. There being no further comments, Chair Dexter declared Public Hearing CLOSED. Chair Dexter asked if they could continue the case untill next Planning Commission meeting and have staff provide pictures and more clarifications, Associate Planner Lopez stated that the only thing the powerpoint was going to present were the exhibits. Commissioner Lazcano stated that there are a lot of things to take into consideration and she felt they needed to look more into request of applicant. Commissioner Martinez stated that she - would consider option A, but was not sure of her collegues thoughts, Commissioner Martinez moved to adopt Resolution Option A. Commissioner Alvarado second the motion. Chair Dexter objected to motion and requested roll call. Chair Dexter voted NO Commissioner Alvarado voted YES Commissioner Lazcano voted NO Commissioner Martinez voted YES Chair Dexter stated it was 2 to 2 and therefore the motion died. Chair Dexter recommended to continue to following PC Meeting on August 25th, Associate Planner Lopez recommended to continue untill September 24th. Chair Dexter recommended that staff consult Fire Department and get new findings from them, contact Building and Code finding recent developments regarding cul-de- sacs. Associate Planner Lopez replied staff would be sure to have powerpoint working for next meeting, Craig Cook requested to not continue till September 24th. If it isn't a possibility he suggested to recommend for denial because he has to go to City Council anyways, He would like to go to next meeting on August 25th if it is possible. Don Cook stated that if they don't get an answer on September 24th they would be waiting over a month for a decision because they wouldn't be going to City Council until October. He wanted a yes or a no or if it was possible to forward the case without a recommendations to City Council. Assistant City Attorney Lopez stated that she did not have the proper documents in front of her to make that desicion. She would like to be able to research issue of forwarding a case to City Council. City Planner Harbin stated that she didn't see that it would be a problem to forward the case to City Council. She mentioned that the next Planning Commission meetinq had 2 full agenda. Don Cook asked them to forward case to City Council. Chair Dexter made a motion to forward case to the City Council without a recommendation from Planning Commission. Dexter motioned to approve to forward case to City council...Martinez 2nd. Motion: Approve Planning Commission recommendation to forward Case No. DR-32 and TM-61345 without a recommendation to City Council. Moved by Chair James Dexter, seconded by Commissioner Irma Martinez. REPORTS OF OFFICERS Z= aim Chair Dexter called for a motion to adjourne meeting at 8:51 pm and stated the next Planning Commission meeting would be on August 25th. Motion: Approve Moved by Commissioner Irma Martinez, seconded by Commissioner Kimberly Lazcano. Approved as presented by the Planning Commission at their meeting held August 25, 2008. arnes Dexter, Chair Baldwin Park Planning Commission ATTEST: Mayra . Vargas, inistrative Assistant 11 City of aldwin Par Environmental Data — Draft Negative Declaration and Initial Study 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: • s- ,, 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 Incoriaarated 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. LLE VISTA A 4030 3' 4045 136 36 361 361 361 t361361 36 1, 3601 35 3K6 4016 4018 4031 3621 LLE VISTA A FIGURE 2 Project Site Map & Surrounding Land Uses N CASE NO.: DR-32 and TM-61345 Modification ADDRESS: 3940-3948 Walnut Street DATE: September 3, 2008 Not t( Scale 4030 3' 4045 4024 4041 M 4035 4016 4018 4031 < < �5 4012 '021 M 4015 U > 3950 4009 4 < 1382 3942 138114003 FIGURE 2 Project Site Map & Surrounding Land Uses N CASE NO.: DR-32 and TM-61345 Modification ADDRESS: 3940-3948 Walnut Street DATE: September 3, 2008 Not t( Scale 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 HOA/CC &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, Single- Family Residential Zone, pursuant to Sections 153.275 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 Pike 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 Potentially Significant Less Than II AGRICULTURE RESOURCES Significant with Significant No Impact Impact Mitigation Impact in determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Explanation of Checklist Judgements: ❑ ❑ ❑ Less Than ❑ ❑ I AESTHETICS Potentially Significant Less Than Significant With Significant No Impact Impact Mitigation Impact incorporation Would the project: ® ❑ ❑ a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings ❑ ❑ ❑ within a state scenic highway? ❑ ❑ c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the . ❑ ❑ ❑ area? 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 Potentially Significant Less Than II AGRICULTURE RESOURCES Significant with Significant No Impact Impact Mitigation Impact in determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Explanation of Checklist Judgements: ❑ ❑ ❑ In ❑ ❑ ❑ 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: 111(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. ill(b). No Impact. The project will not result in a cumulative net increase of pollutants for which the 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. 111(d). No impact. The project will not expose any nearby sensitive receptors to substantial pollutant concentrations. 111(e). No impact. The project 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 IV BIOLOGICAL RESOURCES Impact p Mitigation Impact p No Impact Impact Incorporation Impact Where available, the significance criteria established by the Incorporation applicable air quality management or air pollution control district may be relief upon to make the following determinations. Would the habitat modifications, on any species identified as a project: ❑ ❑ ❑ ❑ a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ b) Violate any air quality standard or contribute substantially to Department of Fish and Game or U.S. Fish and Wildlife 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 ❑ ❑ ❑ other sensitive natural community identified in local or regional plans, policies, regulations, or by the California quality standard (including releasing emissions which Department of Fish and Game or U.S. Fish and Wildlife 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 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. ill(b). No Impact. The project will not result in a cumulative net increase of pollutants for which the 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. 111(d). No impact. The project will not expose any nearby sensitive receptors to substantial pollutant concentrations. 111(e). No impact. The project 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 F7 ® ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. C) Have a substantial adverse effect on federally protected Less Than wetlands as defined by Section 404 of the Clean Water Act Potentially Significant (including, but not limited to, marsh, vernal pool, coastal, ❑ V ❑ Significant 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 ❑ El Would the project: established native resident or migratory wildlife corridors, or ❑ ❑ 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? ❑ ❑ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or E7 ❑ ❑ ❑ 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, j 'I ❑ r—� or other approved local, regional, or state habitat conservation Dian? 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. IV(c). No Impact. The project will not have a substantial effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. There are no federally protected wetlands within the City of Baldwin Park. IV(d). No Impact. The project will not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is within an urbanized area and not within five (5) miles of a wildlife corridor. IV(e). 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: ❑ ❑ ❑ a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? ❑ ❑ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? ❑ ❑ ❑ c) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? ❑ ❑ d) Disturb any human remains, including those interred I outside formal of 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 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 Aiquist- Prioio Earthquake Fault Zoning Map ❑ issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ❑ ❑ ❑ ❑ ❑ ❑ ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result 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 I_i where 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 V11 HAZARDS AND Potentially Significant Less Than l�4ZAR�Q'.�SM�1lTER6�4LS Significant With Significant No Impact Impact Mitigation Impact Incor oration 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? cj Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- El 7 ouarter mile of an existin2 or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the proiect area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ❑ workinq in the proiect area? g) Impair implementation of or physically intertere with an adopted emergency response plan or emergency i evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands Q �--} are adjacent to urbanized areas or where L.f 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 wildiand 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 VIII HYDROLOGY AND WATER Potentially Significant Less Than Significant With Significant No impact QUALITY Impact Mitigation impact Incorporation Would the project: ❑ n ❑ a) Violate any water quality standards or waste discharge requirements? L_! 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.e., the production rate of i1 it i—i 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 in which would result in ❑ El 0 stream or river, a manner 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 L� jsystems or provide substantial additional sources of polluted runoff. ❑ . ❑ ❑ (� ❑ f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Mar) or other flood hazard delineation map? ❑ ❑ h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? Q 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? El El D a 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 channeiized 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 channeiized 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. VIIIQ). 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 Mitication Impact incor oration 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? ❑ El 1_I r—f 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 -fine to flow -line" 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- farnily 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 Potentially Significant Less Than X MINERAL RESOURCES Significant With Significant No impact Impact Mitigation -impact incorporation Would the project: ❑ ❑ 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? ❑ ❑ ❑ b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? ❑ ❑ ❑ 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 X11 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 apniicable 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? 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 vvithin 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 I ❑ ❑ a) induce substantial population growth in an area, either without the project? El 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 ❑ 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? ❑ F7 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 vvithin 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 individuais /families necessitating the construction of replacement housing. Less Than Potentially Significant Less Than X11 POPULATION AND HOUSING Significant With Sianificant No impact Impact Mitigation impact Incorporation Would the project: I a) induce substantial population growth in an area, either directly (for example, by proposing new homes and El businesses) or indirectly (for example, through extension of !_t I_ 1 roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ® El 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 individuais /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 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 i 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? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ I 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 Sionificant No Impact Impact Mitigation impact Incorporation a) Would the project increase the use of existing i 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 and 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 insubstantial 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 TRANSPORTATION/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 (i.e., result in a substantial increase in either the number of ❑ 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 ❑ ® ❑ 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 ❑ ❑ in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or El 7 incom atible uses (e.g., farm e uipment)? ❑ ® ❑ ❑ ® LJ 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 project will not cause an increase in traffic to the existing, traffic load and 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 insubstantial 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 Quality Control Board. 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 dernand. 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 Significant With Significant No Impact SYSTEMS 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? ❑ ❑ ❑ 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 ❑ i1 l 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? ❑ El ❑ g) Comply with federal, state, and local, statutes and regulations related to solid waste? Explanation of Checklist Judgements: XVI(a). No impact. The project will not exceed wastewater treatment requirements of the Regional Water Quality Control Board. 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 dernand. 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 piant 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 prahistcry. 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: I 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 ❑ F7 7 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 El F7 ri 7 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.) Li ❑ C) Does the project have environmental effects, which wil! 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 piant 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 prahistcry. 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. Application Form and Statements w }, s TYPE OF APPLICATKM General Plan Amendment Zone Chanae Code Amendment Deveiopment Pian D�j�j(,cj�9On, CRA Con^eptual Approval APPMAi KM INFORliIkMON Klan -te of app nks) Address Cwner(s) of Re=d _ ii,3t11� z ra - Ownei-`s Addrem C�r�6i�euw t.r.a.v.v.c 14463 E. PACIFIC AVE BALD'M{!iN PARK, CA S1766 (626) Zc.ne Varian- - Condifional Use Permit Adrninisd-a&e Adjustment Sp i_ Pian oftrer I - (00�3 P' In"r { kwassor Parma Neff en1s) T ra=t and Lot Nuns (s) 61-3L-5 ExMn, Viral Phan Design bon T" Existing Zoning for ea-r parcel � t E:xzdng. Land use 12 —t Code Seafion to be amergied Purpose of request rf10-JPE� —+t t C3tiD tTiDr. 'i ( ^F ��eoI-D CE:RTTFICATFON S7ATEV : Uwe ariino ge the tiiing of this apptizaiion and Derffy that all tits at ove information is bras and a=rafe and that tiwe have fan�ed rnys ft a -Wes with the want pnwmm of the Bak mm Rar't: Pta sri Division f Noi--: a a as amt of tits v reoon l rcta. t cone and have rotarmed tr e 074��Aftw& iTom tip ill mnerr.) r r�s Date Signature Date ------------------------------------------ -- --- -- -- - --- -- - -- - - -- TOR M7Y LISE ONLY: i-iEV' 14fo-. -ea: R°{: °iVad t'3jc: F'TIanr 6ngfFnrm3,q- anctar7r DC CORPORATION 2149 East Garvey North A -I 2 West Covina, California 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°/0, 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 I ra L. If you have any questions please contactrne at 626 - 332 -6768 Sincerely Ikon 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 r(-,quest 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 homebuym. 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 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. The only "comraon area" held by the Hai is the cul sac that proiddes 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 from the BOA to the City at no cost to the City. Please find attached a completed "Road Deed" for this purpose. vou I-i a vp a ry questio-,-- r, I e as, e commc,t-' rne at 6526-_3_3�21_6_111:lc I 4 '- • • 11:1 ,' 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 nijblic 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 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 17, 2008 Page 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 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 17, 2008 Paae 3 of 3 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 17th day of September 2008. MANUELLOZANO MAYOR ATTEST: LAURA M. NIETO 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 17, 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT; COMMISSIONERS: LAURA M. NIETO DEPUTY CITY CLERK Resolution 2008- 059(B) 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(B) September 17, 2008 Paae 2 of 4 (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 17, 2008 Page 3 of 4 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 17th day of September 2008. MANUELLOZANO MAYOR ATTEST: LAURA M. NIETO DEPUTY CITY CLERK Resolution 2008- 059(B) September 17, 2008 Page 4 of 4 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(B) was duly and regularly approved and adopted by the City of Baldwin Park Council at a regular meeting thereof, held on September 17, 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT; COMMISSIONERS: LAURA M. NIETO DEPUTY CITY CLERK i TO: Honorable Mayor and Members of the City Council p FROM: Marc Castagnola, AICP, Community Development Manager DATE: September 17, 2008 SUBJECT: A request of the City Council to: (1) adopt of the Negative Declaration of Environmental Impact; (2) approve an amendment to the City's Municipal Code modifying the definition of a department store; and (3) approve a conditional use permit for the operation of a financial institution within an existing Wal -Mart Department Store building. (Applicant: E -1 Financial Credit Union; Location: 3250 Big Dalton Avenue; Case No.: AZC -161 and CP -750) PURPOSE This report requests City Council approval /adoption of the following: (1) A Negative Declaration of Environmental Impact; (2) An amendment to the City's Municipal Code modifying the definition of a `Department Store'; and (3) A conditional use permit for a financial institution within an existing Wal -Mart department store building within the FC(SV), Freeway Commercial Sierra Vista Overlay Zone pursuant to 153.152 (D) of the City's Municipal Code. SUBJECT PROPERTY AND SURROUNDING LAND USES The subject property is located at 3250 Big Dalton Avenue and is part of the larger Baldwin Park Marketplace. Specifically, the use located at 3250 Big Dalton Avenue is a Super Wal -Mart, which has both general merchandise and grocery components. Overall the floor area of the existing Wal -Mart department store building contains approximately 227,500 s.f. Other uses within the Baldwin Park Marketplace include restaurants and personal services. Overall, the entire site, which is triangular in shape encompasses approximately 24 acres and has significant street frontage along Big Dalton Avenue, Merced Avenue and AZC-1 61 & CP-750 September 17, 2008 Page 2 the 1-10 San Bernardino Freeway. The surrounding land uses are listed in the table below: TABLE #1 SURROUNDING ZONING AND LAND USES Adjacent Property Location Zoning Property Use North (Merced) R-1 and C-2 Single-family residences, office buildings and Chevron Service Station South (1-10) N/A 1-10 Freeway East (Puente) FC Motel 6 West (Big Dalton) R-1, R-3 and FC Single-family residences and multi-family residences PROPERTY HISTORY Cumulatively, this property (24-acre site) has had several hearings before the Planning Commission. Those approved entitlements are listed below: TABLE #2 BALDWIN PARK MARKETPLACE ENTITLEMENTS CASE NUMBER LOCATION REQUEST STATUS CP-646 3250 Big Dalton A request for a conditional use PC 02-10 approved and Avenue permit for the following: on March 26, 2002 ZV-680 1. Department Store 2. Off-site sales of beer and wine 3. Gasoline Dispensing Facility A request for zone variances to allow: 1. Roof-mounted satellite dishes; and 2. Less than the number of required refuse facilities; and 3. Greater than the maximum allowable sign face area and number of wall signs. CP-646 3250 Big Dalton A request for a modification of an PC 04-08 approved mod#1 Avenue existing conditional use permit to on March 24, 2004 CAAmy\AMY\W0RD\Reports\Counci1 Reports\AZC-1 61 and CP-750 #2.DOC AZC-1 61 & CP-750 September 17, 2008 Page 3 CASE LOCATION REQUEST STATUS NUMBER allow the off-site sales of distilled spirits in conjunction with a retail/ grocery store. Wal -Mart CP-71 0 3000 Big Dalton A request for a conditional use Eatza Pizza has Avenue permit for the on-site sales of beer vacated the and wine in conjunction with a premises and restaurant. (Eatza Pizza) pursuant to Section 153. 503 a new CUP will be required. CP-697 14480 Merced A request for approval of a PC 04-09 approved Avenue conditional use permit to operate a on June 23, 2004 vehicular drive-thru in conjunction with a fast food restaurant. (Panda Express) CP-696 14400 Merced A request for approval of a PC 04-10 approved Avenue conditional use permit to operate a on July 13, 2004 vehicular drive-thru in conjunction with a fast food restaurant. (A&W/LongJohn Silvers) CP-686 14430 Merced A request for approval of a PC 03-33 approved Avenue conditional use permit to operate a on December 10, vehicular drive-thru in conjunction 2003 with a fast food restaurant. (Farmer Boys) CEQA /NOTICING REQUIREMENTS In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Amendment to the Zoning Code (AZC-161) project will not have a significant impact on the environment and a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division for AZC-161 It has been determined by Planning Division staff CP-750 is Categorically Exempt pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines. A Notice of Intent to adopt a Negative Declaration of Environmental Impact was provided to the State Clearinghouse, Office of Planning and Research, various County Agencies, City Agencies and others. A complete listing is located in the Planning Division (AZC-161). A Notice of Public Hearing has been posted at the subject site, City Hall, and Morgan Park Community Center on September 4, 2008. Furthermore, public hearing notices C:\Arny\AMY\W0RD\Reports\Counci1 Reports\AZC-161 and CP-750 #2.DOC AZC -161 & CP -750 September 17, 2008 Page 4 were mailed to all property owners within 300 feet of the subject property on September 4, 2008. DISCUSSION E -1 FINANCIAL BACKGROUND In 1954, E -1 Financial Credit Union was started by a group of Gas Company employees. Each employee who joined the credit union became a member -owner and shared higher returns and lower rates on loans. In the 1960's, the credit union merged with other utility related credit unions resulting in a broader membership base and enabled the credit union to improve their financial products and services. Currently, E -1 Financial serves over 22,000 members and has assets of approximately $371 million. Attachment #2 compares E -1 Financial Credit Union with other banking, credit union institutions, and check cashing establishments. AMENDMENT TO THE ZONING CODE (AZC -161) Currently, the City's Municipal Code defines a `Department Store' as the following: DEPARTMENT STORE. A retail store selling a wide variety of goods in several departments, in which: (1) A single business entity occupies not less than 70% of the gross floor area devoted to the use; and (2) All uses within the store utilize a centralized accounting system, determined as such by the Director pursuant to § 153.621. A DEPARTMENT STORE may have up to three additional businesses located within its interior floor area. As the current definition of a department store reads, a maximum of three (3) additional businesses may be located within a department store's interior floor area. The Applicant, E -1 Financial Credit Union, is proposing to amend the City's current definition of a department store so that additional businesses may be located within a department store's interior floor area. E -1 Financial Credit Union is proposing to locate within the interior floor area of the existing Wal -Mart department store. According to business licensing, Wal -Mart has four (4) additional, active business licenses within its interior floor area. The Applicant is proposing that the definition of a department store be amended so that a total of six (6) additional businesses, a net increase of three (3) additional businesses, may be located within a department store's interior floor area. CAAmy\AMY \WORD \Reports \Council Reports\AZC -161 and CP -750 #2.DOC AZC -161 & CP -750 September 17, 2008 Paqe 5 Staff is of the opinion this request can be warranted in that most department stores have several additional businesses within their floor areas that are not operated by the primary department store. In a typical suburban retail mall with a national credit anchor, additional businesses can include small cafes, specialized clothing designers, and makeup counters. The "Definitions" section of the City's Zoning Code was last significantly modified in 1989 during the last significant Zoning Code overhaul. At that time, various areas of the Zoning Code were modified and specifically the "Department Store" definition was included to deter indoor swap meets seeking to operate under the guise of a department store. In 1992, the City adopted a new sub - chapter 153.560 through 153.562 to the Zoning Code to specifically address indoor swap meets and includes development standards (indoor swap meets are referred to as multiple tenant retail arcades). However, at the time the Zoning Code was amended to address indoor swap meets, the definition of a "department store" was not modified. While staff believes there should be a limit on the number of business licenses granted within a department store's interior floor area, the current limit of three businesses should be increased. This will allow personal service type businesses such as financial institutions and hair and nail salons, to locate within the floor area of a department store, enabling customers to `one -stop shop', thereby reducing the number of vehicular trips necessary to conduct errands. In addition, because indoor swap meets are appropriately addressed elsewhere in the Zoning Code, the increase in allowable businesses will not provide a loophole for indoor swap meets to avoid applicable development standards. CONDITIONAL USE PERMIT (CP -750) Provided that the proposed amendment to the Zoning Code, modifying the definition of a department store, is approved by the City Council, E -1 Financial Credit Union is requesting approval to operate a credit union within the floor area of the Wal -Mart Department Store. The property is adequate in size and shape to accommodate the proposed credit union, as it will be located within the confines of the existing building. It is anticipated there will be a slight decrease in the number of vehicular trips in that the existing Wal -Mart has become a `one -stop shop' for general merchandise, groceries, and personal services such as hair and nail salons, and banking services. Planning Staff is of the opinion, provided the amendment to the Zoning Code is approved, a credit union within the interior of an existing department store, should be approved subject to the conditions of approval contained within this staff report and attached resolution Additionally, the City's Police Department has reviewed the subject request and is in agreement with Planning Division staff, provided that the use complies with and maintains the conditions of approval. C:\Amy\AMY\WORD \Reports \Council Reports\AZC -161 and CP -750 #2.DOC AZC -161 & CP -750 September 17, 2008 Paqe 6 PLANNING COMMISSION ACTION The Planning Commission originally heard both the Amendment to the Zoning Code (AZC -161) and Conditional Use Permit (CP -750) applications on May 28, 2008. The item was recommended for approval 3 -0 with one Commissioner abstaining. However, approximately one week after the meeting, E -1 Financial expressed some concerns about the conditions of approval for the conditional use permit relating to the security measures that were approved. Staff indicated to the Applicant if they requested a modification to the conditions of approval, the item would have to be returned to the Planning Commission. As a result, E -1 Financial submitted a request in mid -June to modify the conditions of approval as approved by the Commission at their May 28, 2008 meeting. After the request was submitted Staff conducted field inspections of other E -1 Financial Credit Union locations, as well as other financial institutions within the City limits. Staff's goal was to gather information relating to the various security measures available for financial institutions. On August 13, 2008, Staff presented a revised staff report for only the conditional use permit, and included revised conditions of approval that were both satisfactory to Staff and the Applicant. The revised conditions of approval included more flexibility for the Applicant, but maintained the level of security City staff demanded. T he revised staff report and conditions of approval were approved on August 13, 2008 3 -0 with one Commissioner abstaining and one Commissioner absent. This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff and the Planning Commission recommend the City Council open the public hearing and following the public hearing: • ••• `- • • 11:1 • - -• � •' • (2) Introduce for first reading Ordinance 1317 entitled, "AN ORDINANCE OF • OF OF BALDWIN PARK AMENDING SECTION 153.003 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE DEFINITION OF DEPARTMENT STORE; . • C:\Amy\AMY\WORD \Reports \Council Reports\AZC -161 and CP -750 #2.DOC AZC -161 & CP -750 September 17, 2008 Paae 7 (3) Adopt Resolution 2008 -027 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT ALLOWING A FINANCIAL INSTITUTION WITHIN AN EXISTING WAL -MART DEPARTMENT STORE BUILDING WITHIN THE FC(SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE, PURSUANT TO SECTION 153.152 (D) OF THE CITY'S MUNICIPAL CODE) ". (APPLICANT: E -1 FINANCIAL CREDIT UNION; LOCATION AND CASE NUMBERS: CITY WIDE (AZC -161) AND 3250 BIG DALTON AVENUE (CP- 750)" FINDINGS OF FACT 1) The site of the use is adequate in size and shape to accommodate the proposed use as the overall size of the department store property is approximately 18 acres and is one component of the Baldwin Park Marketplace which is a total of 24 -acres in size. It is anticipated that the floor area of the proposed credit union will be 731 square feet, contained entirely within the floor area of the Wal -Mart Department store; and 2) The site has sufficient access to streets, sidewalks and highways adequate in width and pavement type of carry the quantity and quality of traffic generated by the proposed use in that the subject property has access to Big Dalton Avenue and Merced Avenue which are designated local and collector streets respectively; and 3) The proposed use will not have an adverse effect upon uses adjacent to the subject property as the propose use is compatible with adjacent uses. Security measures for the proposed credit union will include silent alarm buttons, surveillance cameras, and motion detectors; and 4) The proposed use is conformance with the General Plan of the City of Baldwin Park by promoting air quality improvement by reducing the amount of vehicular trips which would otherwise be made if uses were not consolidated within a single department store with a variety of goods and services. 1) The property shall be developed and maintained in substantial accordance with Exhibit "A ", dated May 14, 2008; and 2) CP -750 shall not become effective unless and until the proposed Zoning Code amendment, AZC -161, is approved and adopted by the City Council and becomes effective; The applicant acknowledges that in the event that the City Council does not approve the proposed Zoning Code Amendment, AZC -161, the proposed conditional use permit, CP -750 shall be null and void; and CAAmy \AMY \WORD \Reports \Council Reports\AZC -161 and CP -750 #2.DOC AZC-1 61 & CP-750 September 17, 2008 Page 8 3) The Applicant shall submit detailed construction drawings, pursuant to the Building Division's requirements for plan check; and 4) A detailed security plan including all proposed security measures and placement of surveillance cameras shall be submitted to the City's Police Department for review and approval; and 5) Prior to receiving a certificate of occupancy and operating as a financial institution, the applicant shall provide all security measures as required by the City's Police Department as well as those listed as conditions of approval; and 6) Motion detectors shall be installed at the front door, rear door and lobby areas; and 7) Silent alarm buttons shall be installed at strategic locations within the floor area occupied by E-1 Financial Credit Union, as determined by the Police Department, and linked to a security company. Said security company's name and twenty-four (24) hour contact information shall be kept current and on-file with the City's Police Department; and 8) Protective bullet resistant security windows shall be installed around the entire teller counter; and 9) Surveillance cameras be provided throughout the entire unit and at teller stations; and 10)Surveillance cameras shall be of a type that will produce an actual recording of activities. The system must be maintained in a manner to ensure all cameras are fully functional at all times while the business is in operation. All recordings must be surrendered to the Police Department upon request or demand; and 1 1)The surveillance camera recordings shall be maintained and/or made available for a period of thirty (30) days prior to a re- recording /re -use of the recording mechanism; and 12)Current emergency notification and twenty-four (24) hour contact information shall be kept on file with the Police Department; and 13) Except for the posting of an "Open/Closed" sign and sign listing the business hours, all window coverage (i.e. curtains, signs, etc.) shall be subject to review and approval by the Planning Division and Police Department; and 14)The use shall be operated and the subject property be maintained in a neat and orderly manner; that the site shall be kept free of litter and that all graffiti (throughout CAArny\AMY\W0RD\Reports\CounciI Reports\AZC-1 61 and CP-750 #2.DOC AZC-1 61 & CP-750 September 17, 2008 Page 9 the property) shall be removed within twenty-four (24) hours at the expense of the applicant and/or owner; and 15)The applicant shall obtain sign permits from the Planning Division, for any permanent and temporary signs to be mounted anywhere on the exterior walls or buildings on the property. Any proposed signage shall be approved in accordance with the Baldwin Park Marketplace's adopted sign program; and 16)lf within six (6) months after the date of approval of CP-750, all conditions of approval have not been satisfied, CP-750 shall become null and void; and 17)The applicant shall sign a notarized affidavit within twenty (20) days after the date of this resolution stating that the applicant has read and accepts all of the conditions of approval. ATTACHMENTS *Attachment #1, Exhibit "A", dated May 14, 2008 *Attachment #2, Check Cashing Policies for Banks, Credit Unions and Check Cashing Businesses *Attachment #3, Vicinity Map *Attachment #4, initial Study /Environmental Data *Attachment #5, E-1 Financial Credit Union Information *Attachment #6, Application Forms and Statements *Attachment #7, Draft Ordinance 1317 *Attachment #8, Resolution 2008-026 *Attachment #9, Resolution 2008-027 C:\Arny\AMY\W0RD\Reports\Counci1 Reports\AZC-161 and CP-750 #2.DOC May 14, 2008 I L Z4 -.t It City of Baldwin Park City Council Meeting Exhibit A Case/File # CP-750 May 14, 2008 .Z .S ES cz T; __j CV Ln A C/D LLJ __j Fn ES cz T; __j CV Ln A C/D I SAV-A. G City of Baldwin Park City Council Meeting Exhibit A Case/File # CP-750 May 14, 2008 C: 6 LO II a) C) V) LL! 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Lu u a U) cz c 0 0 LO X LU 0 0 0 LO LL. 0 � 0 C\j Lo LO 0 0 LO C\j 6,)- 64 6-, 6C} 6a m 0 r) 0 � E x U) 7FD 70 00 0 0) r 0 (3 -.2 cz 0 C) E C: m Q 75 0 (n (Z 0) w 0 (a X U) (3) C) C: C) T --j z 0 pp CL (3) -5 " CL CL co CL x C) LLJ co 0- -C CT5 Oo vi cl� O Qi O -zj C) L) cn 0 0 cu LL 7 W 0 CL cz E 1, a Y N CASE NO.: AZC -161 and CP -750 ADDRESS: 3250 Big Dalton Avenue DATE: September 17, 2008 Not tc Scale 1 1 ■ J DATE: August 13, 2008 APPLICANT: City of Baldwin Park TYPE OF PERMIT: Amendment to the Municipal Code FILE NO.: AZC-1 61 LOCATION OF PROJECT: 3250 Big Dalton Avenue, Baldwin Park, CA 91706 DESIRIPTION OF PROJECT: The project involves the an amendment to the City's Municipal Code which modifes the definition of a "Department Store' (AZC- 161) It is the opinion of the F-1 Zoning Administrator F-1 Planning Commission Fx1I City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures F-1 are attached ® are not required (Signat Ure) City Planner (Title) Date(s) of Public Notice: Posting of the properties Written notice to affected business owners CAAmy\AMY\W0RD\CEQA\Neg Decs\AZC-161.doc a1pI ie3r, Baldwin Park Municipal Code Amendment City of Baldwin Park/California Environmental Quality Act Initial StudylNegative Declaration Prepared for: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Technical Assistance Provided By: Applied Planning, Inc. 5817 Pine Avenue Chino Hills, California 91709 April 2008 TABLE OF CONTENrS SECTION PAGE 1.0 INTRODUCTION ............................. ............................1 -1 1.1 Document Purpose and Scope ......................................... 1-1 1.2 Disposition of this Document .......................................... 1-2 1.3 Document Organization .............................................. 1-2 1.4 Potential Environmental Effects ........................................ 1-3 2.0 PROJECT DESCRIPTION ................................ .................. .... 2-1 2.i Projec* T ocation and Boun'----- I �J L ........ 2-1 2.2 Background ............................. ............................2 -1 2.3 Proposed Project ......................... ............................2 -3 2.4 Project Objectives .................................................... 2-3 2.5 Discretionary Actions ................................................. 2-4 3.0 ENVIRONMENTAL EVALUATION ......................................... 3-1 3.1 Project Title ............................. ............................3 -1 3.2 Lead Agency Name and Address ...................................... 3-1 3.3 Project Sponsor's Name and Address ................................... 3-1 3.4 Project Location .......................... ............................3 -1 3.5 General Plan and Zoning Designations .................................. 3-2 3.6 Initial Study Format and Content . ...................................... 3-2 3.7 Initial Study Checklist and Substantiation ............................... 3-4 4.0 DETERMINATION .................................................. 4-1 Baldwin Park Municipal Code Amendment Table of Contents Initial Study /Negative Declaration Page i 1.0 INTRODUCTION 1.0 INTRODUCTION 1.1 DOCUMENT PURPOSE AND SCOPE This Initial Study (IS) addresses potential impacts associated with the approval of an Amendment to the Baldwin Park Municipal Code (the Project). In summary, the Project proposes an Amendment to the Baldwin Park Municipal Code to allow for additional uses to be located inside a department store, as defined by Section 153.003. Please refer to Initial Study Section 2.0, "Project Description" for further details regarding the proposal This IS was prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines. Although this IS was prepared with consultant support, all analysis, conclusions, findings and determinations presented in the IS fully represent the independent judgment and position of the City of Baldwin Park, acting as Lead Agency under CEQA. In accordance with the provisions of CEQA, as the Lead Agency, the City of Baldwin Park is solely responsible for approval of the Project. As part of the decision making process, the City is required to review and consider the potential environmental effects that could result from the Project. This IS is intended to be an informational document, providing the City of Baldwin Park decision- makers, other public agencies, and the public with an objective assessment of the potential environmental impacts that could result from implementation of the Project. Baldwin Park Municipal Code Amendment Introduction Initial Study /Negative Declaration Page 1 -1 © 2008 Applied Planning, Inc. 1.2 DISPOSITION OF THIS DOCUMENT This Initial Study has been prepared to determine the appropriate scope and level of detail required in completing the environmental analysis for the Project. The NOP will be available for review for a total of 30 days. The document can be reviewed at: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 The general public is encouraged to contact the City of Baldwin Park for responses to specific questions regarding the CEQA process and its administration for the Project. 1.3 DOCUMENT ORGANIZATION This IS includes the following sections: Introduction: This section (1.0) describes the CEQA context and the format of the IS for the Project, and provides a summary of the findings of the IS. Project Description: This section (2.0) describes the Project and its objectives. Environmental Evaluation: This section (3.0) provides background information regarding the Project and Lead Agency, and presents responses to each question on the CEQA Initial Study Checklist regarding the possible environmental impacts of the Project. Answers provided in the checklist are substantiated qualitatively in all instances, and quantitatively where feasible and appropriate. Determination: This section (4.0) summarizes the results of the Initial Study, and presents the determination regarding the appropriate environmental document for the Project. Baldwin Park Municipal Code Amendment Introduction Initial Study/Negative Declaration Page 1 -2 © 2008 Applied Planning, Inc. 1.4 POTENTIAL ENVIRONMENTAL EFFECTS The analysis presented in this Initial Study indicates that there is no substantial evidence, in light of the whole record before the agency, that the Project may have a significant effect on the environment. The City has consequently determined that a Negative Declaration (ND) will be prepared for the Project. Baldwin Park Municipal Code Amendment Introduction Initial Study /Negative Declaration Page 1 -3 � 1 , 2.1 PROJECT LOCATION AND BOUNDARIES The City of Baldwin Park, and therefore the Project, is located in the eastern portion of Los Angeles County, as shown in Figure 2.1 -1. 2.2 BACKGROUND Section 153.003 of the Baldwin Park Municipal Code defines "department store" according to three criteria: (i) a single business entity that occupies not less than 70 percent of the gross floor area devoted to the use, (ii) all uses in the store utilize a centralized accounting system, determined as such by the Director pursuant to section 153.621, and (iii) having up to three (3) additional businesses 'located within its interior floor area. E -1 Financial Credit Union is proposing to locate a facility inside the existing Baldwin Park Wal -Mart. Businesses currently located inside the Wal -Mart include a cafe, hair and nails salons, and a photo studio. To permit E -1 Financial to operate the credit union inside the Wal -Mart, a zoning ordinance amendment is required with regard to criteria (iii) above. 2.3 PROPOSED PROJECT The Project proposes an Amendment to Section 153.003 of the Baldwin Park Municipal Code. Specifically, criteria (iii), detailed above, would be revised to allow a department store to "have up to six additional businesses located within its interior floor area." Baldwin Park Municipal Code Amendment Project Description Initial Study /Negative Declaration Page 2 -1 © 2008 Applied Planning, Inc. 2.4 PROJECT OBJECTIVES The City has established the following project- specific objectives: • Amend the Municipal Code to provide for the increasing trend for department stores to provide a variety of additional vendors and /or uses within one facility. • To assist the community in reducing travel trips by allowing for multiple shopping /service opportunities within a centralized location. 2.5 DISCRETIONARY ACTIONS The following Discretionary Actions by the Planning Commission as the recommending body and the City Council as the final decision - making body will be necessary to accommodate the Project. • Adoption of a Negative Declaration as the appropriate CEOA documentation for the Project. • Approval of the Amendment to the City of Baldwin. Park Municipal Code. Baldwin Park Municipal Code Amendment Project Description Initial Study /Negative Declaration Page 2 -3 ENVIRONMENTAL EVALUATION 3.0 ENVIRONMENTAL EVALUATION 3.1 PROJECT TITLE Baldwin Park Municipal Code Amendment 3.2 LEAD AGENCY NAME AND ADDRESS City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Contact Person: Amy Harbin, City Planner Telephone: (626) 813-5261 3.3 PROJECT SPONSOR'S NAME AND ADDRESS E-1 Financial Credit Union 1155 Corporate Center Drive Monterey Park, CA 91754 3.4 PROJECT LOCATION The City of Baldwin Park, and therefore the Project, is located in the eastern portion of Los Angeles County, as shown in previous Figure 2.1 -1. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3-1 © 2008 Applied Plannng, Inc. 3.5 GENERAL PLAN AND ZONING DESIGNATIONS The City, and therefore the Project area, is comprised of numerous General Plan land use and zoning designations. Approval of the Municipal Code Amendment would affect those lands with commercial or industrial land use designations, and zoning designations where department stores are a permitted, or conditionally permitted, use. 3.6 INITIAL STUDY FORMAT AND CONTENT CEQA suggests format and content for Initial Studies, including topical checklists to assist in evaluation of a project's potential environmental effects. The Checklist presented in this Section follows the Checklist format and presents information identified in the 2006 CEQA Guidelines, Appendix G. 3.6.1 EXPLANATION OF CHECKLIST CATEGORIES Potential environmental effects of the project are classified and described within .the Checklist under the following general headings: • "No Impact" applies where the impact simply does not apply to projects like the one involved. For example, if the project site is not located in a fault rupture zone, then the item asking whether the project would result in or expose people to potential impacts involving fault rupture should be marked as "No Impact." • "Less- Than- Significant Impact" applies where the impact would occur, but the magnitude of the impact is considered insignificant or negligible. For example, a development which would only slightly increase the amount of surface water runoff generated at a project site would be considered to have a less-than-significant impact on surface water runoff. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less- Than- Significant Impact." Incorporated mitigation measures should be outlined within the checklist, and a discussion should be Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -2 © 2008 Applied Plannng, Inc. provided which explains how the measures reduce the impact to a less -than- significant level. This designation is appropriate for a Mitigated Negative Declaration, where potentially significant issues have been analyzed and mitigation measures have been recommended. • "Potentially Significant Impact" applies where the project has the potential to cause a significant and unmitigatable environmental impact. If there are one or more items identified as a "Potentially Significant Impact," an EIR is required. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -3 © 2008 Applied Planning, Inc. 3.7 INITIAL STUDY CHECKLIST AND SUBSTANTIATION in the area? Substantiation: a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources, and therefore no aesthetic impacts will occur. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -4 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less-Than- Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ■ b) Substantially damage scenic resources, including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or ❑ ❑ ❑ ■ quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect the day or nighttime views ® � in the area? Substantiation: a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The Project does not have the potential to affect designated scenic vistas or other scenic resources, and therefore no aesthetic impacts will occur. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -4 © 2008 Applied Planning, Inc. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact II. AGRICULTURE RESOURCES - 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 Department 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 - agricultural use? 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 0 conversion of Farmland, to non - agricultural use? Substantiation: a -c) No Impact. The Project considered in this Initial Study is the adoption of an amendment to the Municipal Code, which will redefine the criteria for a "department store." The adoption of the Amendment will not, in itself, have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Any subsequent development consistent with the amended Municipal Code will also be reviewed as a project under CEQA, and therefore will be subject to an additional and more detailed level of environmental scrutiny. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -5 III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) - Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Substantiation: © 2008 Applied Planning, Inc. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ e a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct implementation any applicable air quality plans. Individual uses that may be operated pursuant to the amended Municipal Code will be considered a project under CEQA, requiring individual Initial Studies and the necessary requisite further environmental analysis. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District (SCAQMD). Specifically, the City shall develop and implement appropriate measures to limit and Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -6 © 2008 Applied Planning, Inc. control emissions resulting from project- related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits, e.g. any permits required for operation of equipment, will also be acquired. The adoption of the Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which tl- e project region is non - attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments and the fact that any subsequent development projects will be assessed individually under CEQA. The Project itself will not create any objectionable odors. Subsequent potential impacts are tempered by the application of the environmental commitments, and by the City's ability and authority to review activities at the time a specific development project is proposed. From a practical standpoint, approval of the text amendment will create a positive impact on air quality by reducing individual trips to various uses. By allowing additional uses within a department store, customers are provided the opportunity to accomplish multiple tasks under one roof. For example, after shopping, a customer could avail themselves of the salon and conduct banking without having to drive to another location. This reduction in vehicle trips has a positive effect on air quality. As supported by the preceding discussion, the Project does not have the potential to: conflict with or obstruct implementation of the applicable air quality plan; violate any air quality standard or contribute substantially to an existing or projected air quality Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -7 (D 2008 Applied Planning, Inc. violation; result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard; expose sensitive receptors to substantial pollutant concentrations; or create objectionable odors affecting a substantial number of people. Potentially Significant Potentially Unless Less -Than- No Significant Mitigation Significant Impact Incorporated Impact Impact IV. BIOLOGICAL RESOURCES. Would the project. a) Have a substantial adverse affect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ m 10_ Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -8 © 2008 Applied Planning, Inc. Substantiation: a -f) No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As previously stated, the Project is also a purely administrative act, and will not directly impact biological resources. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance ❑ ❑ of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance 0 ® ❑ 0 of an archaeological resource pursuant to §15064.5 c) Directly or indirectly 'destroy a unique paleontological_ ❑ ❑ ❑ ■ resource or site or unique geologic feature. , d) Disturb any human remains, including those interred F7 outside of formal cemeteries? ❑ ❑ E Substantiation: a -d) No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City, have either been successfully catalogued, recovered, and or /protected in situ consistent with CEQA requirements; or have been removed and /or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -9 © 2008 Applied Planning, Inc. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on ❑ ❑ 7 other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic - related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ ❑ � b) Result in substantial soil erosion or the loss of topsoil? ® ❑ ❑ ■ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral ❑ ❑ ❑ spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial ❑ ❑ ❑ risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste ❑ ® ❑ water? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -10 © 2008 Applied Planning, Inc. Substantiation: a) No Impact. The Southern California area is acknowledged as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project - specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. In this regard, building officials and engineers have long - recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the CBC and current professional engineering practices are sufficient to reduce the effects of ground shaking below the level of significance. Further, as evidenced by extensive development within the City, it is anticipated that any future site - specific geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact. As previously stated, the Project is essentially an administrative action, and will not directly impact soils. Environmental review of proposals submitted Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -11 © 2008 Applied Planning, Inc. pursuant to the Amendment will provide for project- specific soils analyses, as well as the mitigation of any soils conditions that may affect, or be affected by, projects that may be proposed. Compliance with NPDES permit requirements, including application of Best Management Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. c,d) No Impact. As evidenced by extensive urban development, the City is generally suitable for development, and is not substantially limited by unstable geologic conditions including potential susceptibility to landsliding, lateral spreading, subsidence, liquefaction, or collapse. NOT is there evidence that the City is widely affected by expansive soils conditions. Future development proposals will provide project - specific environmental review to determine geologic /expansive soils impacts, and appropriate mitigation that may be required. It � is anticipated that compliance with applicable provisions of the CBC, together with application of accepted geologic /soils engineering practices will typically provide appropriate design solutions for geologic conditions that may be encountered within the City, as such, no impacts are anticipated. e) No Impact. The City is generally improved with sanitary sewers connected to Wastewater treatment facilities, providing for treatment of wastewater that may be generated by facilities implemented pursuant to the Amendment. As such, it is not anticipated that septic systems will be widely employed within the Project area. Further, uses that may be operated pursuant to the Amendment will provide project - specific environmental review to determine impacts, and provide appropriate mitigation to allow the use of septic tanks or other alternative wastewater treatment mechanisms should they be proposed. The Amendment itself will have no impact in this regard. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -12 © 2008 Applied Planning, Inc. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -23 Potentially Significant Potentially Unless Less-Than- Significant Mitigation Significant No Impact Incorporated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or F disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and ❑ ❑ ❑ accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within El 7 one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Section 65962.5 and, as a result, would it create a significant U ■ 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 0 result in a safety hazard for the people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for the 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? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -23 © 2008 Applied Planning, Inc. Substantiation: a -c) No Impact. Adoption of the Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one- quarter mile of an existing or proposed school. Any subsequent project that would be undertaken pursuant to the amended Municipal Code would be required to investigate the implications of hazardous materials. The study will include a complete assessment of potential hazards related to the site and include measures to mitigate any identified irnpacts of the project. d) No Impact. Approval of the Project would not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As previously stated, any subsequent proposal which would be undertaken pursuant to the amended Municipal Code would be reviewed pursuant to CEQA and would be required to conduct a hazardous materials assessment. The study would include a complete assessment of potential hazards related to the site and develop any requisite mitigation. e,f) No Impact. No public or private airstrips are located within the City of Baldwin Park. The adoption of the Amendment would not result in a safety hazard for people residing or working in the project area. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study/Negative Declaration Page 3 -14 © 2008 Applied PIanning, Inc. g) No Impact. The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. h) No Impact. No wilderness areas exist within the City, obviating potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and /or negligence. The adoption of the Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildland areas. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: 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 the 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 area, including through the alteration of the course of a stream or river, in a manner which would result in substantial ❑ ❑ ❑ erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of 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 off -site? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -I5 © 2008 Applied Planning, Inc. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -26 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant Impact No Impact e) Create or contribute runoff water which would exceed the capacity of the existing or planned storm water drainage systems or provide substantial additional ❑ ❑ ❑ sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation ❑ ❑ ❑ map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? El ❑ ❑ ■ 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 Ievee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ 7 k) Potentially impact storm water runoff from ❑ ❑ ❑ construction activities? 1) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance ❑ ❑ ❑ (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas for post - construction activities? m) Otherwise result in any other potential impacts to ❑ ❑ ❑ stormwater runoff from post- construction activities? n) Substantially increase the flow velocity or volume of ❑ ❑ ® ■ stormwater runoff to cause erosion or habitat impacts within the project site or downstream? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -26 © 2008 Applied Planning, Inc. Substantiation: a,f) No Impact. Approval of the Project would not violate any water quality standards or otherwise degrade water quality. As previously stated, the Project involves only administrative changes to the Municipal Code. The area encompassing the City of Baldwin Park is currently regulated by NPDES permit and Regional Water Quality Control Board (RWQCB) requirements supporting federal water quality standards and criteria established under the Clean Water Act (CWA). In combination, requirements and procedures established under these regulations typically act to mitigate potential water quality impacts of new development, including any future facilities that may be implemented pursuant to the Municipal Code Amendment. Further, consistent with the requirements of CEQA, project- specific environmental analyses will be performed for any future projects or facilities. On a project -by- project basis, these analyses will individually assess potential water quality impacts, and provide any mitigation necessary. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. In addition, the City is generally served by municipal water systems, and does not rely to a substantial degree on direct groundwater withdrawals. Further, it is not anticipated that any uses operated pursuant to the Amendment would extensively utilize groundwater through direct withdrawals, nor would those uses substantially interfere with, or alter existing groundwater withdrawals. c,d,e) No Impact. The City generally does not contain significant water courses. As also discussed previously, compliance with federal CWA and relevant NPDES permitting requirements will effectively mitigate any potentially adverse impacts of storm water discharges within the City. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -17 © 2008 Applied Planning, Inc. Uses operated pursuant to the Amendment will individually assess potential drainage system impacts, and provide any mitigation necessary. g,h,i) No Impact. No development will be implemented with approval of this- Project. As such, there is no potential for flood hazards associated with the Amendment. Future individual environmental analyses will assess potential flood hazards and provide mitigation as necessary. Typical design solutions and /or mitigation would involve proper facilities orientation(s); grading and drainage improvements and /or creation of storm water retention /detention areas. j) No Impact. The City of Baldwin Park is not subject to significant hazards due to seiche, tsunami, or mudflow. k,l,m,n) No Impact. The construction of facilities is not proposed as part of the Project considered in this Initial Study. As such, the potential for increased stormwater runoff does not exist. In addition, the Project area is currently developed with urban uses and is not located proximate to any significant natural watercourses. 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 El El plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -18 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact IX. LAND USE. Would the project: a) Physically divide or disrupt an established community? 0 F� 0 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 El El plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -18 c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? Substantiation: (D 2008 Applied Planning, Inc. a -c) No Impact. The proposed Amendment: is a change to the requirements of the Municipal Code, and therefore from a practical standpoint, is a conflict with the existing Code. Once approved, the Amendment will become part of the Code and therefore can be considered consistent. No changes to specific land use designations are proposed as part of the Project, as such the potential to divide an established community or conflict with any land use , or conservation plans does not exist. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact X. MINERAL RESOURCES. Would the project: Potentially Significant ❑ Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ E a -c) No Impact. The proposed Amendment: is a change to the requirements of the Municipal Code, and therefore from a practical standpoint, is a conflict with the existing Code. Once approved, the Amendment will become part of the Code and therefore can be considered consistent. No changes to specific land use designations are proposed as part of the Project, as such the potential to divide an established community or conflict with any land use , or conservation plans does not exist. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and to the ❑ ❑ ❑ ■' residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local ❑ ❑ ❑ general plan, specific plan or other land use plan? Substantiation: a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ -2), where "adequate information indicates that significant mineral deposits are present or where it is judged that a high Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -19 © 2008 Applied Planning, Inc. likelihood for their presence exists." Baldwin Park, as well adjacent cities, contain aggregate resources, commonly known as gravel. However, the City is almost entirely built out, and any areas containing significant resources are largely developed, and thus largely inaccessible. Established urban uses are incompatible with mineral extraction and /or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. In addition, the administrative nature of the Project precludes any impact in this regard. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -20 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant No Impact Impact XI NOISE. 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 El ❑ ❑ ■ agencies? b) Exposure of persons to or generation of excessive ❑ ❑ groundborne vibration or groundborne noise? 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 0 ❑ i 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 ❑ F 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 0 the project area to excessive noise levels? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -20 © 2008 Applied Planning, Inc. Substantiation: a -c) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. Future uses to be operated pursuant to the amended Municipal Code will be assessed, consistent with CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential noise impacts, and provide mitigation as necessary. Substantiation: a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve, or propose displacement of any on -site or off -site housing stock. No impacts relating to displacement of housing will result from the Project. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -21 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in the area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ D elsewhere? c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ Substantiation: a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve, or propose displacement of any on -site or off -site housing stock. No impacts relating to displacement of housing will result from the Project. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -21 © 2008 Applied Planning, Inc. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of the 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: a) Fire Protection? ❑ b) Police Protection? ❑ c) Schools? d) Parks? e) Other public facilities? ❑ Substantiation: ❑ ❑ ■ ❑ ❑ M ❑ ❑ ❑ u ❑ ❑ a -e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -22 © 2008 Applied Planning, Inc. Potentially Potentially Significant Less-Than- Significant Significant Significant No Mitigation Impact Impact impact Incorporated XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational ❑ ❑ ❑ facilities such that substantial 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? Substantiation: a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood or regional parks or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial StudylNegative Declaration Page 3 -23 XV. TRANSPORTATION /TRAFFIC. 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 vehicle trips, the volume to capacity ratios on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion 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 in substantial safety risks? d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Substantiation: © 2008 Applied Planning, Inc. Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ■ a -g) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard, and provide mitigation as necessary. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -24 ❑ ❑ ❑ ■ ❑ ❑ ❑ , ❑ ❑ ❑ ❑ ❑ ❑ a -g) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard, and provide mitigation as necessary. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -24 © 2008 Applied Planning, Inc. age aci i ies or expansion o existing acihties, ❑ ❑ the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ❑ ❑ adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ❑ . capacity to accommodate the project's solid waste Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less -Than- Significant Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the g) Comply with federal, state, and local statutes and ❑ project: regulations related to solid waste? a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ ■ applicable Regional Water Quality Control Board? (e.g. water quality basin, constructed treatment wetlands), b) Require or result in the construction of new water or ❑ ❑ the operation of which could result in significant wastewater treatment facilities or expansion of existing ❑ ❑ ❑ ■ facilities, the construction of which could cause significant odors)? environmental effects? c) Require or result in the construction of new storm water drain f 1't' f f ' age aci i ies or expansion o existing acihties, ❑ ❑ the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ❑ ❑ adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ❑ . capacity to accommodate the project's solid waste ❑ ❑ capacity to accommodate the project's solid waste ❑ ❑ disposal needs? g) Comply with federal, state, and local statutes and ❑ regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality basin, constructed treatment wetlands), ® ❑ ❑ the operation of which could result in significant environmental effects (e.g. increased vectors and /or odors)? Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Page 3 -25 © 2008 Applied Planning, Inc. Substantiation: a -h) No Impact. The City of Baldwin Park is generally served by all necessary utilities and service systems. Further, due to the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. On a project - specific basis, individual environmental analyses for subsequent uses implementing the Municipal Code Amendment will assess potential utilities and service systems impacts, and provide mitigation as necessary for development projects as they are proposed. Generally, potential utilities and service systems impacts are reduced through capacity improvements; increased treatment efficiencies via technologic improvements; reduced consumption through conservation efforts; and efficient technologies and resource reuse /recycling. %VII. MANDATORY FINDINGS OF SIGNIFICANCE. 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 reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Baldwin Park Municipal Code Amendment Initial Study /Negative Declaration Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ■ ❑ ❑ ® ■ Environmental Evaluation Page 3 -26 Q 2008 Applied Planning, Inc. Substantiation: a) No Impact. The Project considered in this Initial Study, the amendment of the Baldwin Park Municipal Code, is a purely administrative act to allow for additional uses to be located inside a department store, as defined by Section 153.003. 'Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, th °eaters to eliminate a giant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact for all considered environmental topics Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in substantial adverse effects on human beings. TTnHPr Parh environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Paue 3 -27 6 Potentially Significant Potentially Unless Less -Than- Significant Mitigation Significant No Impact Incorporated Impact Impact c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either ■ directly or indirectly? Substantiation: a) No Impact. The Project considered in this Initial Study, the amendment of the Baldwin Park Municipal Code, is a purely administrative act to allow for additional uses to be located inside a department store, as defined by Section 153.003. 'Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, th °eaters to eliminate a giant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact for all considered environmental topics Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in substantial adverse effects on human beings. TTnHPr Parh environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Baldwin Park Municipal Code Amendment Environmental Evaluation Initial Study /Negative Declaration Paue 3 -27 6 i DETERMINATION 4.0 DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the 1 environment, and a NEGATIVE DECLARATION will be prepared. I find that although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described previously have been added to the project, A NEGATIVE DECLARATION will be prepared. ❑ I find that the project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. I find that the project MAY have a significant effect(s) on the environment, but at least i + one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. If the effect is a potentially significant impact or potentially significant unless mitigated an ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that need to be addressed. I find that although the proposed project could have a significant effect on the j environment, there WILL NOT be a significant effectin this casebecause all potentially ' ' significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. City of Baldwin Park: Signature -F'-- 044b Date O t-4 C22 05 Printed Signature X055 A/--q Baldwin Park Municipal Code Amendment Determination Initial StudylNegative Declaration Page 4 -1 Who is E1 Financial? E1. Financial is a dynamic, exciting, community oriented credit union on the move. With over 50 years of service, 23,000 members and $375 rnilhon in assets we are growing and expanding to better serve our members. Created in 1954 by employees of The Gas Company, the Credit Union exclusively served employees of Sempra Energy/The Gas Company and their families for five decades. In 2004 we expanded our charter and opened our doors to anyone who lives, works, worships, or attends school in the San Gabriel Valley, downtown Los Angeles, and downtown San Diego. With branches in Alhambra, East LA, La Verne, Monterey Park, Rosemead, and downtown Los Angeles, and upcoming branches and ATMs projected throughout the San Gabriel Valley, we are excited about our expansion into local communities. E1 has strong ties with the communities we serve, partnering with local cities and schools in financial education, volunteerism, and serving on boards of directors for a wide variety of community organizations. We embrace the credit union philosophy of "people helping people." In 2007, we donated over 1;D00 hours and thousands of dollars to organizations and causes within our communities, including scholarships, Monterey Park's Crystal Youth awards, La Aztece and Alma preschools in `East Los Angeles, San Gabriel's Asian Youth Center, YMCA of \/Nest San Gabriel Valley and Unlike other financial institutions, credit unions are owned by their members, not by stockholders. Members elect a volunteer board of directors to represent their interests. Because credit unions are not - for - profit organizations, earnings are not paid to stockholders, but rather returned to members in the form of higher dividends and lower rates and fees, .as well as additional services and upgraded convenience. Credit unions offer a full range of financial services, as well as financial education for members and the community. Community involvement is our mission, not an obligation. „ -_ E1 Financial has a wide range of products and services, including consumer and commercial loans; VISA® credit and debit cards; vehicle, boat and RV loans; lines of credit; and real estate loans, including first and _second mortgages and equity loans. Deposit products include savings, free checking, certificates, IRAs, and money market accounts, as well as investment services. We offer a full suite of business banking services, domestic and international wire transfers, Internet banking and bill pay, 2417 online loan approvals, courtesy pay programs, and more. In addition to our branches, which include early evening and Saturday hours, our members have access to over 2,400 nationwide branches through El Financial Credit Union our shared branching network, and over 25,000 fee -free ATMs, including 5,500 at 7- Eleven stores. Information Attachment #,5 www.elfinancial.org JIM §w ' ` Alhambra . East LA - La Verne • Monterey Park • Rosemead • Downtown LA -- LENDER Our Business is Your Business Managing your business can have its hurdles — that's why E1 Financial has expanded its product line to help you meet these challenges head -on. Our Business Services division is dedicated to providing you with just what you need to run and expand your business, at prices you can afford. Business Tools to Enhance Your Bottom Line Take a look at what El has to offer to help bring your business to the next level: Business Checking and VISA' Debit Card High Yield Savings Business Platinum VISA® Credit Cards ®. Lines of Credit • Commercial Vehicle Loans • Financial Planning Term Loans ® And mu&more! When it comes to your business, trust a financial' - institution that has a vested interest in bettering your community: At E1 Financial, we are `dedicated'to.proviciing our members with the tools needed to achieve,.economic greatness and a sense of accomplishment. Give us a -call. today to see how we can help-your bottom -line. FINANCIAL Spring 2008 Current Pi'omot -ions AL T 0 LOANS Great rates on new and used vehicles. Choose from a variety of terms. Get your credit union loan direct from your dealer. just check for the CUDL logo. HOLIDAY CLUB ACCOLJNT Still paying 2007's holiday bills? Get a jump start on 2008 by signing up now for your Holiday Club Account. Save a little each month and receive your funds automatically in October. Instead of paying interest you'll receive a dividend on the amount you save. 4091 :;50. w xretlwtwn Wls. Me Fp1a IGweinmmi °oes mi q�°n�pea Ywl°ep°°I�w° Wil�9°I b°bParrtvrey, TM VeCil un°ne m°ietl py EQUU.MOU& °� LENDER Loc� ` g but for 1 -erg r+� a� Your es .�"�t�.'r"es by Lynn Bowers, CEO and President Your credit union continues lc grow to provide:acided ,convenience. Look - for >new.branches in East LA<and La'Ve" E Safety andsoundness`has a'Iwaysbeen " :/„ ' I y, to; open .fhjsspring „ °providing:Saturday hours .multi`ling staff, .and our ste(iar brand of service. such.an integraipart of El Financial that it is part of our missionstatement. East,i A 1'57 South tvtednik Avenue, 90022 Not very sexyjs it ? But for a financial institution, especially in this tough t.a`Uerne 1600 Foothill 'iBoulevard, 91750 economic market, safety and soundness ;(inside /ons Supermarket) r, can be down -right attractive. ' Who tai ,Vou Trust? As)indivicivals.see banks:anc( mortgage companies post huge ,losses Looking for a Second Chance. ?f due.to.unsafe lendmg<practices, they are unsure where to turn for their financial ,needs. 11 ;in spite of falling interest rates, some banks Second Chance Checking Corning in May are.still. offering ,"inflated °eleposit:rates, but consumers wonder if it is Having problems getting a checking account? Everyone safe to',epositfunds'.inbankstheysee in the headiines.'We needto makes mistakes. But that doesn't mean you shouldn't get know that:there:is;a: - e.we ,.can.trustto do our.financial.business. another chance. At E1 Financial, we want you to know we're Where :we know.we•wil'l'walways .be able to find competitive rates on your side. And that's why we developed a new checking and reasonab{efees, where we camcount on the board of directors - product to help you get back into the mainstream. and:management:toI.mdke,soundl decisions about lending policies A sf to eiirrfinate,the:r sk:of:huge -laan losses and ensure money will b.e Check it out! At EI, Second Chance Cheering includes: avaifable,to buy homes, .,cars .and everyday necessities: 9 you Can. %r ust E1 No monthly fees l' E1 Financial ..is :that place: We dic(.not speculate and make mortgage Debit card available` loans to borrowers whocould.not afford them or offer features E 3y and SECURE e statementsx o that wuld ultimately be detri-mental to the borrower, and the credit_ FREE online banking g ? ang union. We':ve got money to .lend at.good rates.-and terms and we'd - FREE bill pay love to lend it to you. We also have strong deposit products at really o FREE first box of checks' competitive : rates .insured up to $500;000 per account — not per ' owner, butper.account. See, I told you safety and.soundness was You Can Even Earn a Rebate! really rtantto�us! Y � �m P We've got faith in you. So much so that we ll even automatically ( We're Here.-for Youi move to you regular checking.and When you are looking for a financial institution you can trust to refund 50% of your set -up fees offer reliable products I at competitive prices, that- you ;can! trust after 12 months in ood standing. g to make good, sound business decisions, and,that:.Will always Want more info? Call, click, have our members' best interest in mind when we::make`.those or come by today and we'll be decisions, then'E1 Financial Credit Union shou'ldbe:the financial happy to help you get set up. f = institution you choose. With direct deposit. *ut and About in the C' munity E1 Board members join CEO Lynn Bowers, State '—'Assemblymember Michael :Eng, and .Chamber of Commerce official' Richard Gorman at the ribbon cutting ceremony of our Monterey Park'Branch. Monterey Park Mayor and E1 Board member Sharon Martinez introduces Congressman Adam Schiff at the city's annual State of the City Breakfast. Rosemead Branch Manager`Wilhe Polanco congratulates,Rosemead'Mayor john Tran on his reelection campaign. at t ... p �: What's In Your Cookie jar? No- Calorie Tips to Sweeten Your Savings We never outgrow the urge to dip into a cookie jar. To fill your.financial Cookie jar to the - brim,;try some of the following tips`. • When setting up your automatic loan payment, add an extra $25 per paycheck to your E1 Cookie Jar savings account. in one year you'll have an extra $650! • Put a portion of your next raise into your El Cookie jar savings account. You didn't have-the money before, so you won't miss it now, especially if you set up automatic deposits. Set up Cookie jars for specific needs (taxes, insurance, wedding, vacation, etc.). When you need the funds, they're ready and waiting. Open Your Cookie Jar today! You can open up to four separate E1 Cookie jar savings accounts. Personalize them with their own names. Call, click, or come by today to start fil ling yours. `. �(N arm BEVEII too'NE .Rr• e I ATMs e. Mtub r- FiendlyF'adallVztwrk v 0.75% for all balances This rate represents an Annual Percentage Yields of 0.75%, and applies to Regular Savings, Cookie jar, Holiday Club and Regular Share iRA accounts, For information on any of our:products, please contact us at (888) 994 -3328, press 411 or visit www.elfinancial.org QS 'ON Ji Wtiad ® f v d acwiSOd sn IIHW SSvftO.LSHE3 Qa1H05 Rue trSL 16 VD `Ted faaaIUOW anuQ JaauaD alEJOdaOD SS 1 l 0 1 h n, L 1 Q I H D NV 3 ' FJ a J 1 • • CI7Y OF BALDWIN PARK PLANNING DIVISION 94403 E. PACIFIC AVENUE WDWIN BALDWIN PARK, CA 91706 P- A R K (626) 813-5261 TYPE OF APPLICATION General Plan Amendment -- Redevelopment Overlay Zone Change Zone Variance Conditional Use Permit _ Code Amendment _ Administrative Adjustment Development Plan CRA Conceptual Approval --- Specific Plan _ Other APPLICATION INFORMATION Name of Applicant(e) E-1 Financial Credit Union Address 1155 Corporate Center Drive, Monterey Park, California 91754 Phone No. 323- 981 -4025 Capacity Chris Lamb, Representative Owner(s) of Record 1a -Mart Real Estate Business Trust OWner s Address 2001 S.E. 10th Street, Bentonville, Arkansas 72716 Owner's Rep.: Alicen Clark Wong, 550. E. Hospitality Lane, San Bernardino, CA 92408; 909- 723 -1811 PROPERTY INFORMATION ernau:. Aliceu.`V'V%ong@greshamsavage.com Location 3250 Big Dalton Avenue, Baldwin Park, CA 91706 Assessor Parcel-Number(s) 8460- 006 -028 and 8460 -406 -029 - Tract and Lot Numbers) Parcel 1 of Parcel Map I330 Existing General Plan Designation General Commericiat Existing Zoning for each Parcel Freeway Commercial Sierra Vista Overlay Existing Land Use Department Store Code Section to be Amended 153.003 Definition of Department Store - Purpose of request See Attachment to Application, CERTIFICATION STATEMENT: I/we acknowledge the filing of this application, and certify that all the above information is true and accurate and that Uwe have farhiilarized myself /ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record .must complete and have notarized the attached Owner's Affidavit from the legal owner.) Wal;Mart Real Estate Business Trust ITS: Date Stgna���'�� � t to �'tlub�flN M.DJr, Qate FOR CITY USE ONLY: F File No: Fee: Received by: p Date: W847- Baldwin Park/224421.1 FEB 0 6' 2008 vITY OF AALDWIN PARK PLANNING DIVISION ATTACHMENT TO CODE AMENDMENT APPLICATION JUSTIFICATION FOR ZONING ORDINANCE TEXT CHANGE: The applicant in this case, E -1 Financial Credit Union, based in Monterey Park, California, currently operates banks in four branch locations in California, and is proposing a fifth branch inside the Wal -Mart in Baldwin Park. Wal -Mart has agreed to lease space to E -1 Financial for this purpose. However, because of the three business license limit identified in the department store definition of the Municipal Code, E -1 Financial cannot operate inside a Wal -Mart store as proposed. To allow E -1 Financial to operate inside the existing department store, it proposes to amend the definition to increase the number of non -owned businesses that may operate inside a department store from the current total of 3 to 6 non -owned licensed entities. FEB 06 2008 wso7- sninwN_rnRK. -EXPANSION — 224424.1 C17Y OF BALDWIN PARK PLANNINU, DIVISION Justification Statement for Zoning Ordinance Amendment E -1 Financial Section 153.003 of the Baldwin Park Municipal Code defines "department store" according to three criteria: (i) a single business entity that occupies not less than 70% of the gross floor area devoted to the use, (ii) all uses in the store utilize a centralized accounting system, determined as such by the Director pursuant to section 153.621, and (iii) having up to three additional businesses located within its interior floor area. E -1 Financial Credit Union is a financial institution with headquarters located at 1155 Corporate Center Drive, Monterey Park, California. E -1 currently operates credit unions in four locations in California, and is proposing a location inside the Wal -Mart located at 3250 Big Dalton Avenue. The Wal -Mart was entitled as a "department store" pursuant to a conditional use permit approved by the City on March 206, 2002. To permit E -1 Financial to operate the credit union inside the Wal -Mart, a zoning ordinance amendment is required with regard to criteria (iii) above. E -1 Financial Credit Union proposes to revise criteria (iii) to allow a department store to "have up to six additional businesses located within its interior floor area." Eli-) FEB '_1� �nt FEB 0 6 Z009 WI 157- BaldwinPuk CA — 244305.1 i, X71( O F BALtD'N PAW Applicant's Representative: Gresham Savage Nolan & Tilden it 550 E. Hospitality Lane, Ste. 300 BALDWIN San Bernardino, CA 92408 FT- A � R, K (909) 890-4499 Capacity: Land Use Attorney TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CRA Conceptual Approval APPLICATION INFORMATION Name of Applicant(s) El Financial Credit Union CITY OF BALDWIN PARK , PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813-6261 Redevelopment Overlay Zone Variance ✓ Conditional Use Permit Administrative Adjustment Specific Plan Other Address 1155-Corporate Center Drive Monterey Park, California 91754 Phone No. (678) 567-1524 - Capacity Owner(s) of Record Wal-Mart Real Estate Business Trust Owners Address, 2001 S.E. 10th Street . Bentonville. Arkansas 72716 PROPERTY INFORMATION TION Location NE Corner of 1-10 and Big Dalton Avenue Assessor Parcel Number(s) See Exhibit "A" attached hereto. Tract and Lot Number(s) NIA Existing General Plan Designation General Commercial Existing Zoning for each Parcel FC (SV) Existing Land Use Wal-Mart Retail Store Code Section to be Amended N/A Purpose of request Obtain CUP for bank inside the existing Wal-Mart Store see Project Description, attached hereto as Exhibit "B." CERTIFICATION STATEMENT: 11we acknowledge the filing of this application and certify that all the above information is true and accurate and that Iiwe have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) /3 7 Signature- 'Date Regional Vice President 71 Signature Date J U N, 0 D 7 FOR CITY USE ONLY: File NO: F Received Date: i 7, --Approve s only Page 1 by wAL-mART EGAL DEPT. Date: 126�2 0:2 „ r • Wal -Mart Store Project Description E 1 Financial Credit Union is proposing to operate a bank in the existing Wal -Mart store. The bank will require a tenant improvement building permit, and its construction will consist of a minor alteration to the existing store. The bank will provide a service - retail use similar to the other general retail uses inside the Wal -Mart. Construction of the tenant improvements will not alter or expand the existing retail footprint. The bank is proposing to operate between 9 am and 7 pin Monday through Friday, and between 9 am and 5 pm on Saturday. The bank will be closed on Sunday. The addition of a bank inside the store is exempt from CEQA (Cal Code Regs § 15301, Class 1 exemption). Section 15301 provides for "minor alterations of existing private structures which involve no expansion of use beyond that existing at the time of the lead agency's determination.” Specifically, this Section applies to interior alterations involving such things as partitions, plumbing and electrical conveyances, such as the tenant improvements required for the bank. Also, the bank will provide a service - retail use similar in nature to other existing retail operations in the Wal -Mart, and will not require any changes to the approved building square footage. Therefore, the bank qualifies for a Class 1 CEQA exemption, pursuant to Section 15301. ' " � Jul LOG,7 Page 3, A 0 M I I � F.Al 0 Lai ammsm ORDINANCE NO. 1317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.003 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DEPARTMENT STORES (APPLICANT: E -1 FINANCIAL CREDIT UNION, LOCATION: CITYWIDE; CASE NO.: AZC- 161) WHEREAS, in 1989, the City Council completed a significant modification to the City's Zoning Ordinance as a result of updated an General Plan; and WHEREAS, the modification included numerous changes to the existing Zoning Code, including amendments to definitions of various terms used throughout the Zoning Ordinance, including the definition of the term "Department Store "; and WHEREAS, prior to 1989 the term "Department Store" was defined to limit the use to contain only three businesses within its interior floor area to prevent indoor swap meets from operating under the guise of a department store; and WHEREAS, in 1992, the City adopted subchapter 153560 through 153.562 to address indoor swap meets; and WHEREAS, in an effort to eliminate numerous vehicular trip, the City is desirous - to increase, but limit, the number of additional business licenses within the interior floor area of a department store to create a `one -stop shop' option so that customers may be able to shop for general merchandise, groceries and personal services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. The definition of "Department Store" of Section 153.003 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 153.003 Definitions. DEPARTMENT STORE. A retail store selling a wide variety of goods in several departments, in which: (1)A single business entity occupies not less than 70% of the gross floor area devoted to the use; and (2)AII uses within the store utilize a centralized accounting system, determined as such by the Director pursuant to § 153.621. A DEPARTMENT STORE may have up to six additional businesses located within its interior floor area. Section 2. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact. APPROVED, and ADOPTED this 4th day of June, 2008. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK i 1, Laura Nieto, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1317 was introduced at a regular meeting of the City Council held on June 4, 2008, and was adopted by the City Council at its regular meeting held on June 18, 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura Nieto Deputy City Clerk 1 1 .. !. • � • RESOLUTION NO. 2008 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO THE DEFINITION OF A DEPARTMENT STORE (APPLICANT: E -1 FINANCIAL CREDIT UNION; CASE NO.: AZC -161.) WHEREAS, E -1 Financial Credit Union, submitted an Amendment to the Zoning Code Application requesting to modify the definition of a "Department Store' as contained in Section 153.003 of the City's Municipal Code; and WHEREAS, the proposed regulations have been proposed to effectuate desired changes to the standards by amendment to the Municipal Code, Chapter 153, being Case Number AZC -161 (the "Project ") as described more particularly in the information on file with the Planning Division; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: that: SECTION 1. The City Council does hereby find, determine and declare A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on May 28, 2008, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered them, together with any comments received at the hearing, and recommended approval of the negative declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on September 17, 2008, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. Resolution 2008 -026 Paae 2 SECTION 2. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined the proposed Project will not have a significant adverse impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this17th day of September, 2008. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, LAURA NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2008 -026 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 17th day of September, 2008 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA NIETO, DEPUTY CITY CLERK 1 1 RESOLUTION NO. 2008 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT ALLOWING A FINANCIAL INSTITUTION WITHIN AN EXISTING WAL -MART DEPARTMENT STORE BUILDING WITHIN THE FC(SV), FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE, PURSUANT TO SECTION 153.152 (D) OF THE CITY'S MUNICIPAL CODE (APPLICANT: E -1 FINANCIAL CREDIT UNION; LOCATION: 3250 BIG DALTON AVENUE; CASE NUMBER: CP -750) 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) Applications ( "Application ") for an Amendment to the Zoning Code and Conditional Use Permit were submitted on behalf of the owners of certain real property, located at 3250 Big Dalton Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the Planning Division; and b) The Amendment to the Zoning Code sought to modify the definition of a `Department Store' as stated in Section 153.003 of the City's Municipal Code; and c) The Conditional Use Permit is requesting approval for a financial institution within an existing WalMart Department Store building pursuant to Section 153.152 (D) of the City's Municipal Code; and d) On May 28, 2008 a duly noticed public hearing was held on said Applications by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended that the City Council approved the Amendment to the Zoning Code and Conditional Use Permit; and e) After the May 28, 2998 Planning Commission meeting, the Applicant submitted a modification to the Planning Commission approved Resolution (PC 08 -04) requesting that the conditions of approval be modified; and f) On August 13, 2008, a duly noticed public hearing was held on said Conditional Use Permit Application modification by the Planning Resolution 2008 -027 Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended that the City Council approve the modifications to the existing Conditional Use Permit; and g) A duly noticed public hearing was held on said Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application are present and that the Conditional Use Permit should be approved. SECTION 2. The City Council adopts the following findings of fact applicable to all conditional use permits: a) The site of the use is adequate in size and shape to accommodate the proposed use as the overall size of the department store property is approximately 18 acres and is one component of the Baldwin Park Marketplace which is a total of 24 -acres in size. The floor area of the proposed credit union will be 731 square feet, contained entirely within the floor area of the Wal -Mart Department store; and b) The site has sufficient access to streets, sidewalks and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that the subject property has access to Big Dalton Avenue and Merced Avenue which are designated local and collector streets respectively; and c) The proposed use will not have an adverse effect upon uses adjacent to the subject property as the proposed use is compatible with adjacent uses. Security measures for the proposed credit union will include silent alarm buttons, surveillance cameras, and security gate(s); and d) The proposed use is in conformance with the General Plan of the City of Baldwin Park by promoting air quality improvement by reducing the amount of vehicular trips which would otherwise be made if uses were not consolidated within a single department store with a variety of goods and services. SECTION 4. The Conditional Use Permit, as herein described by and the same are hereby approved subject to the following conditions of approval. a) The property shall be developed and maintained in substantial accordance with Exhibit "A ", dated May 14, 2008; and Resolution 2008 -027 Page 3 b) CP -750 shall not become effective unless and until the proposed Zoning Code Amendment, AZC -161, is approved and adopted by the City Council and becomes effective; The applicant acknowledges that in the event that the City Council does not approve the proposed Zoning Code Amendment, AZC -161, the proposed conditional use permit, CP -750 shall be null and void; and c) The Applicant shall submit detailed construction drawings, pursuant to the Building Division's requirements for plan check; and d) A detailed security plan with all proposed security measures including placement of surveillance security gate(s) shall be submitted review and approval; and cameras, silent alarm buttons and o the City's Police Department for e) Prior to receiving a certificate of occupancy and operating as a financial institution, the applicant shall install all security measures as required by the City's Police Department as well as those listed as conditions of approval; and f) Silent alarm buttons shall be installed at strategic locations and linked to a security company. Said security company's name and twenty - four (24) hour contact information shall be kept current and on -file with the City's Police Department; and g) The conditional use permit shall be subject to renewal by review and approval of the Planning Commission, twelve months from the date the financial institution is issued its certificate of occupancy, unless prior to obtaining its certificate of occupancy, the Applicant can demonstrate it has installed protective bullet resistant security windows around the entire teller counter to the satisfaction of the City's Police Department; and h) Surveillance cameras be installed throughout the financial institution area including the teller stations. Said cameras shall be active and recording twenty -four (24) hours per day, seven (7) days per week; and i) Surveillance cameras shall be of a type that will produce an actual recording of activities. The system must be maintained in a manner to ensure all cameras are fully functional at all times. All recordings must be surrendered to the Police Department upon request or demand; and Resolution 2008 -027 Paae 4 j) The surveillance camera recordings shall be maintained and /or made available for a period of thirty (30) days prior to re- recording /re -use of the recording mechanism; and k) The operator of the financial institution shall provide to the City's Police Department emergency notification and twenty -four (24) hour contact information, which shall be kept on file. Said information shall be updated within one (1) business day in the event of a change; and 1) The sliding metal security gate shall be subject to review and approval by the City's Police Department; and m) Except for the posting of an "Open /Closed" sign and sign listing the business hours, all window coverage (i.e. curtains, signs, etc.) shall be subject to review and approval by the Planning Division and Police Department; and n) The financial institution shall be operated and maintained in a neat and orderly manner; kept free from litter; and graffiti shall be removed within twenty -four (24) hours at the expense of the operator of the financial institution; and o) The applicant shall obtain sign permits from the Planning Division, for any permanent and temporary signs to be mounted anywhere on the exterior walls or buildings on the property. Any proposed signage shall be approved in accordance with the Baldwin Park Marketplace's adopted sign program; and p) The proposed hours of operation for the financial institution shall be Monday through Friday 9:00 a.m. to 7:00 p.m. and Saturdays 9:00 a.m. to 5:00 p.m. The financial institution will be closed Sundays. Any modifications to the hours of operation shall be subject to Planning Commission review and approval; and q) If within twelve (12) months after the date of approval of CP- 750, all conditions of approval have not been satisfied, CP -750 shall become null and void; and r) The applicant and /or property owner shall sign a notarized affidavit within twenty (20) days after the date of this resolution stating that the applicant and property owner has read and accepts all of the conditions of approval; and s) The conditions of approval contained in Section 5 of Resolution PC 08 -04, dated May 28, 2008 shall be superceded by those conditions of approval contained in Section 3 of Resolution PC 08 -06, dated August 13, Resolution 2008 -027 Paae 5 2008. All other Sections of Resolution PC 08 -04 shall remain in full force and effect. 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 17th day of September 2008. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, LAURA NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on September 17, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA NIETO, DEPUTY CITY CLERK This report requests the City Council consider adoption of an amendment to Title XI, Business Regulations of the Baldwin Park Municipal Code adding Chapter 125 entitled "Tobacco Retail Licensing," to reduce youth access to tobacco and to limit the negative public health effects associated with tobacco use. This request is a result of a presentation given at the May 21, 2008 City Council Meeting from involved teenagers representing SIPA (Search to Involve Pilipino Americans), urging the City Council to adopt an Ordinance that will help in deterring tobacco retailers from selling to minors. After the presentation, Councilmember Marlen Garcia requested and City Council directed staff to bring forward an Ordinance for Council consideration. Recently, the City Council expressed interest in adopting additional measures to continue to improve the quality of life for the residents of the City of Baldwin Park. For the past three years the City has made efforts to promote health in the built environment and to make becoming a healthier community an integral part of how the City does business. Residents, youth and the Healthy Eating Active Communities (HEAC) collaborative continue to engage the City in creating a healthy vision that has yielded health policies beyond the City's first nutrition standard policy. In June of 2004, the City adopted an ordinance prohibiting smoking in and around City-owned premises and public parks. That ordinance was then amended in February 2007, to prohibit smoking at elevators entrances, outdoor dining areas, outdoor service areas, areas within 20 feet of openings to buildings and areas where the public may congregate. Adopting a local tobacco retail licensing ordinance will reduce youth access to tobacco. According to a survey conducted by the Los Angeles County Department of Health Services, out of 500 Baldwin Park Residents surveyed, 80.9% feel a tobacco retail license is a good idea and 71.8% feel it would significantly reduce youth tobacco use. A Youth Purchase Survey (YPS) conducted by Los Angeles County in the City of Baldwin Park between February 2008 and April 2008, has proven to be an invaluable source of data in raising awareness about the problem of youth access to tobacco in Ordinance 1321 September 17, 2008 Paqe 2 of 3 our community. Fifty -six (56) retailers were surveyed, including liquor stores, small grocers /delis, drugstores /pharmacies and supermarkets. Despite strict regulations and laws, most youth who seek to purchase tobacco can still do so. In the City of Baldwin Park, 34.5% of retailers were willing to sell tobacco products to youth. That rate is over three times higher than the state's illegal tobacco sales rate of 10.7 %. According to the National Association of Convenience Stores, average cigarette sales per store in 2006 were $393,327, accounting for 34.4% of in -store sales and are the #1 product sold. A nominal annual licensing fee will fund a local program that protects our youth from tobacco - related disease and death and is a small price to pay for those that choose to sell tobacco. Over 78 jurisdictions in California have passed strong local tobacco retail licensing ordinances to protect youth from a lifelong addiction to tobacco. The table below lists illegal sales rates to minors in eleven (11) communities before and after a licensing ordinance was enacted. Cat + ICounty : Date Fassed� nnual Fee Youth Sales Most Recent Rate before Youth Sales O dinan6e Rates Banning August 2006 $350 71% 21% Berkeley December 2002 $380 38% 19% Contra Costa County January 2003 $160 37% 7% Corona October 2005 $350 29% 0% Elk Grove September 2004 $270 17% 0% Grover Beach Se tember 2005 $224 46% 27% Hollister May 2006 $270 33% 5% Murrieta May 2006 $350 31% 7% Pasadena January 2004 $211 20% 5% Riverside May 2006 $350 65% 0% Sacramento March 2004 $300 27% 24% Sacramento County May 2004 $287 21% 23% San Luis Obisbo Au ust 2003 $255 1 17% 0% *Source: The Center for Tobacco Policy and Organizing, October 2007 The results overwhelmingly demonstrate local tobacco retail licensing ordinances with strong enforcement provisions are effective. Rates of illegal sales to minors have decreased in almost every California community that has passed these ordinances. In many communities, the reductions are quite dramatic. However, a licensing ordinance by itself will not automatically decrease sales rates. Proper education and enforcement about the local ordinance and state youth access laws are needed to educate merchants and deter them from illegally selling tobacco to minors. In cooperation with the Public Health Institute, the Technical Assistance Legal Center (TALC) developed a model Ordinance in which cities and counties may use and tailor to the needs of their communities. Attached, as Exhibit "A" is Ordinance 1321. This model ordinance includes: Ordinance 1321 September 17, 2008 Pace 3 of 3 - Application requirements and procedures for all retailers who sell tobacco products - A fee to fund enforcement and administration - Other requirements and prohibitions - An enforcement plan which includes annual compliance checks (Compliance Monitoring) - Schedule of Penalties (Suspensions and Revocations) - Revocation Procedures An important component of tobacco licensing is enforcement of the Ordinance. The most effective way to ensure businesses are not selling tobacco to minors is to have law enforcement agencies conduct youth decoy operations. Therefore, the annual license fee should cover the costs of enforcement and administration including the cost of developing and implementing the new program. An annual fee will be imposed on approximately sixty-two (62) licensed tobacco retailers in the City. This new fee will require an amendment to the Finance Department's Fee Schedule, which will be addressed in a separate request and report. Staff recommends City Council Introduce on first reading Ordinance 1321 -1 "A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDIN'l CHAPTER 125 TO TITLE X1 OF THE BALDWIN PARK MUNICIPAL COD REQUIRING THE LICENSURE OF TOBACCO RETAILERS (APPLICANT: CITY BALDWIN PARK)". I Ealik"HIM", Ordinance No. 1321 Report Prepared BV: Salvador Lopez Jr., Associate Planner maps 099 010.0"UMA M&MMMUMMO W; D N 0 JA141 1Q1 AWO A, A 3 MR _. A _6 _W_AM • _16* _M _.hl*W WHEREAS, based in part on the information contained in this Ordinance, the City Council finds the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the residents of the City of Baldwin Park; and WHEREAS, the City Council finds a local licensing system for tobacco retailers is appropriate to ensure retailers comply with tobacco control laws and business standards of the City of Baldwin Park, to protect the health, safety, and welfare of our residents; and WHEREAS, approximately 438,000 people die in the United States from tobacco- related diseases every year, making it the nation's leading cause of preventable death; and WHEREAS, the World Health Organization (WHO) estimates by 2030, tobacco will account for 8.3 million deaths per year, killing 50% more people in 2015 than HIV/AIDS, and will be responsible for 10% of all deaths worldwide; and WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: • The Legislature has declared smoking is the single most important source of preventable disease and premature death in California (Cal. Health & Safety Code § 118950); • State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308); • State law requires tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using minors to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952); • State law prohibits the sale of tobacco products and paraphernalia through self- services displays with limited exceptions for tobacco stores (Cal. Bus. & Prof. Code §22960,22962); • State law prohibits the sale of "bidis" (hand-rolled filter-less cigarettes imported primarily from India and Southeast Asian countries) except in adult-only establishments (Cal. Pen. Code § 308.1); and • State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308.3); and WHEREAS, State law requires all tobacco retailers to be licensed by the Board of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code §§ 22970.1, 22972); and WHEREAS, State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California courts in such cases as Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of the City of Baldwin Park to regulate business activity in order to discourage violations of law; and WHEREAS, the City Council of the City of Baldwin Park has adopted other land use restrictions pertaining to tobacco use. In June of 2004, the City adopted an ordinance (Ordinance 1232) prohibiting smoking in and around City-owned premises and public parks. That ordinance was then amended in February, 2007, (Ordinance 1299) to prohibit smoking at elevators, outdoor dining areas, outdoor service areas, areas within 20 feet of openings to buildings and areas where the public congregate; and WHEREAS, despite the State's and City's efforts to limit youth access to tobacco, minors are still able to access cigarettes, as evidenced by the fact that: • Each day, nearly 4,000 children under 18 years of age smoke their first cigarette, and almost 1,500 children under 18 years of age begin smoking daily; • More than 75% of all current smokers in 2001 began smoking before the age of 18; • Among middle school students who were current cigarette users in 2004, 70.6% were not asked to show proof of age when they purchased or attempted to purchase cigarettes from a store, and 66.4% were not refused purchase because of their age; • In 2002, youth smoked approximately 540 million packs of cigarettes, generating nearly $1.2 billion in tobacco industry revenue; and WHEREAS, research demonstrates local tobacco retail ordinances dramatically reduce youth access to cigarettes, as evidenced by the following: A review of thirteen California communities with strong tobacco retailer licensing ordinances shows that the youth sales rate declined in twelve of the thirteen communities, with an average decrease of 68% in the youth sales rate; A study of the effect of licensing and enforcement methods used in the Philadelphia area revealed a decrease in sales to minors from 85% in 1994 to 43% in 1998; • A study of several Minnesota cities found that an increased licensing fee in con- junction with strict enforcement of youth access laws led to a decrease from 39.8% to 4.9% in the number of youth able to purchase tobacco; and WHEREAS, over 90% of enforcement agencies surveyed in 2000 rated license suspension or revocation after repeated violations as an effective strategy to reduce youth access to tobacco; and WHEREAS, seventy-eight cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from smoking; and WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following: Nearly 11 % of all tobacco retailers unlawfully sold to minors in 2007; Non-traditional tobacco retailers such as deli, meat, and donut shops sold to minors in 2007 at a much higher rate than the statewide average, as high as 16%; Teens surveyed in 2002 say they bought their cigarettes at: gas stations (58%), liquor stores (45%), and supermarkets and small grocery stores (29% combined); WHEREAS, a requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City of Baldwin Park to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws; and WHEREAS, the City Council has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City of Baldwin Park and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Baldwin Park Municipal Code iG hereby amended h«adding aD8w Chapter 125 thereto to read in its entirety as follows: Chapter 125 The following VYOpdS and Uh[8S8S` VVheD8V8[ used in this chapter, shall have the meanings defined in this section unless the context clearly DeQUi[8S otherwise: /n\ "Arm's Length TGlOS@CtiOD" QO88OS 8 88l8 in 000d faith and for valuable consideration that reflects the tai[ market value in the ODeO market h8kN8eD two informed and willing parties, neither of which is under any compulsion to participate in the transaction. /\sale between [8l8UiV8S' related companies or partners, 0[8 sale for which G significant pU[DO8B is avoiding the effect Of the violations of this chapter is not aD Arm's L8O�i�T[8DSaCti0O. (b)"[l8p8[UmeD[" means Community Development Department, and any agency O[ P8[SOD designated by the Chief FX8CUiive O[iC8[ to 8DfO[c8 or 8dDliOiSt8[ the pF0ViSi0OS Of this chapter. (c) "P8[SOO" OO98DS GOV O81U[Gl D8[GOD' partnership, cooperative 8GSOCi@tiOD, corporation, D8[SOO@l representative, receiver, i[USte3' G3SigOe8' 0[ any other legal /d\ "Proprietor" means Person with GD ownership O[managerial iOt8[8St in bUSiD8SS. /\O ownership interest shall h8 deemed iO exist when 8 Person has a ten percent /10%\ O[ greater interest iO the stock, 8GSeiS' or income of bUSiO8SS other than the sole interest Df security for debt. A managerial interest shall b8 deemed tD exist when a Person can UF does have O[ share ultimate control over the day-to-day operations Of8business. (e) "Self-Service Display" means the open display or storage of Tobacco Products O[ Tobacco Paraphernalia iD8 manner that iS physically accessible iD any way h]the g8DH[8l public without the 8SSiSt8OC8 of the retailer D[employee of the retailer and @ direct D8[SOD-tO-D8[8OD transfer between the purchaser and the retailer O[ employee Of the retailer. /\vending 08ChiO8 i8 8fOr0 Of Self-Service [liSp/GV. Ul "Smoking" Dl8aOS DOSSeSSiOQ 8 lighted TOb8COO [z[OdUCt, lighted TOb@CCO P8[RDh8Dlali@, or any other lighted VV88d or plant (including 8 lighted DiD8' cigar, hookah pipe, O[ cigarette Of any kind) and means the lighting Of@ Tobacco Product, TOh8CCO P@[GDhe[D@li@, or any other weed or plant (including 8 pipe, cigar, hookah pipe, Or cigarette of any kind). (g) "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of Smoking materials of all types, cigarette rolling machines, and any other item designed for the Smoking, preparation, storing, or consumption of Tobacco Products. (h) "Tobacco Product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (i) "Tobacco Retailer" means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. (j) "Tobacco Retailing" shall mean the doing of any of the activities mentioned in the definition of Tobacco Retailer. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. (a) TOBACCO RETAILER LICENSE REQUIRED. It shall be unlawful for any Person to act as a Tobacco Retailer in the City of Baldwin Park without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid Tobacco Retailer's license is a nuisance as a matter of law. (b) LAWFUL BUSINESS OPERATION. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing. (c) DISPLAY OF LICENSE. Each Tobacco Retailer license shall be prominently displayed in a publicly visible location at the licensed location. (d) POSITIVE IDENTIFICATION REQUIRED. No Person engaged in Tobacco Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the age of twenty -seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the Tobacco Product or Tobacco Paraphernalia. (e) MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person who is younger than the minimum age established by state law for the purchase or possession of Tobacco Products shall engage in Tobacco Retailing. (f) SELF-SERVICE DISPLAYS PROHIBITED. Tobacco Retailing by means of a Self-Service Display is prohibited. (g) FALSE AND MISLEADING ADVERTISING PROHIBITED. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a person whose license has been revoked: (1) Shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute Tobacco Retailing without a license under Section 125.010; and (2) Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. § 125.030 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (a) No license may issue to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot or from vehicles is prohibited. (b) No license may issue to authorize Tobacco Retailing at any location that is exclusively zoned for residential uses (R-1, RG or R3 zones). (c) No license may be issue to authorize Tobacco Retailing at any location that is licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an "on-sale" license issued by the California Department of Alcoholic Beverage Control) and no license may issue to authorize Tobacco Retailing at any location offering food for sale for consumption on the premises. For example, and without limitation, Tobacco Retailing is prohibited in bars and restaurants. This provision shall take effect on November 1, 2009, which is one (1) year after the effective date of the ordinance adopting this chapter. (a) Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct Tobacco Retailing and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's license. No Proprietor may rely on the issuance of a license as a determination by the City the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 125.080 of this chapter. Nothing in this chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law. All applications shall be submitted on a form supplied by the Department and shall contain the following information: (1) The name, address, and telephone number of each Proprietor of the business seeking a license. (2) The business name, address, and telephone number of the single fixed location for which a license is sought. (3) A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address ") required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. (5) Whether or not any Proprietor or any agent of the Proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. If Person filing the application for a Tobacco Retailer does not disclose past violations and a license is issued, the license can be revoked as soon as the past violations are discovered pursuant to Section 125.110 below. (6) Such other information as the Chief Executive Officer deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section. (b) A licensed Tobacco Retailer shall inform the Department in writing of any change in the information submitted on an application for a Tobacco Retailer's license within ten (10) business days after a change. (c) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law, subject to the laws' exemptions. § 125.050 ISSUANCE OF LICENSE. Upon the receipt of a complete application for a Tobacco Retailer's license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist: (a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter. (b) The application seeks authorization for Tobacco Retailing at a location for which this chapter prohibits issuance of Tobacco Retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence the applicant has acquired or is acquiring the Location or business in an Arm's Length Transaction. (c) The application seeks authorization for Tobacco Retailing for a Proprietor to whom this chapter prohibits a license to be issued. (d) The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code, including, without limitation, the zoning ordinance, building code, and business license tax ordinance, or that is unlawful pursuant to any other law. num�����Wxrgrfxaaaum goon (a) RENEWAL OF LICENSE. A Tobacco Retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a Tobacco Retailer license is one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license and submit the annual license fee no later than thirty (30) days prior to expiration of the term. (b) EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph (a), the Proprietor must: (1) Submit the license fee and application renewal form; and (2) Submit a signed affidavit affirming the Proprietor: (i) has not sold and will not sell any Tobacco Product or Tobacco Paraphernalia after the license expiration date and before the license is renewed; or (ii) has waited the appropriate ineligibility period established for Tobacco Retailing without a license, as set forth in Section 125.120(a) of this chapter, before seeking renewal of the license. § 125.070 LICENSES NONTRANSFERABLE. (a) A Tobacco Retailer's license may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer's license is required whenever a Tobacco Retailing location has a change in Proprietor(s). (b) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) the location has been fully transferred to a new Proprietor or fully transferred to entirely new Proprietors; and (2) the new Proprietor(s) provide the City with clear and convincing evidence the new Proprietor(s) have acquired or is acquiring the location in an Arm's Length Transaction. Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City of Baldwin Park identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supercede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, including, without limitation, the zoning ordinance, building codes, and business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. For example, obtaining a Tobacco Retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code section 6404.5. § 125.090 FEE FOR LICENSE. The fee to issue or to renew a Tobacco Retailer's license shall be established from time to time by resolution of the City Council. The fee shall be annual and shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as maybe required by law. § 125.100 COMPLIANCE MONITORING. (a) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The City may designate any number of additional Persons to monitor compliance with this chapter. (b) The Department or other Person designated to enforce the provisions of this chapter shall check the compliance of each Tobacco Retailer at least as often as established by the Chief Executive Officer which could be as often as three (3) times per a twelve -month (12- month) period. The Department may check the compliance of Tobacco Retailers previously found to be in compliance a fewer number of times so the Department may check the compliance of new licensees and Tobacco Retailers previously found in violation of the licensing law more frequently. Nothing in this paragraph shall create a right of action in any licensee or other Person against the City of Baldwin Park or its agents. (c) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with laws regulating youth access to Tobacco. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to Tobacco Retailing. (d) The City shall not enforce any law establishing a minimum age for Tobacco purchases or possession against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy ") if the potential violation occurs when: (1) the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the City; (2) the Youth Decoy is acting as an agent of a Person designated by the City to monitor compliance with this chapter; or (3) the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Los Angeles County Health Department or the California Department of Health Services. § 125.110 REVOCATION OF LICENSE. (a) REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 125.020 above. (b) NEW LICENSE AFTER REVOCATION. (1) After revocation for a first violation of this chapter at a location within any 5- year period, no new license may issue for the location until ten (10) days have passed from the date of revocation. (2) After revocation for a second violation of this chapter at a location within any 5-year period, no new license may issue for the location until thirty (30) days have passed from the date of last revocation. (3) After revocation for a third violation of this chapter at a location within any 5- year period, no new license may issue for the location until ninety (90) days have passed from the date of last revocation. (4) After revocation for four or more violations of this chapter at a location within any 5-year period, no new license may be issue for the location until five (5) years have passed from the date of the last revocation. (c) APPEAL OF REVOCATION. A decision of the Department to revoke a license is appealable to the Chief Executive Officer and must be filed with City Clerk within ten (10) days after mailing of the Department's decision. If such an appeal is made, then it shall stay enforcement of the appealed action. An appeal to the Chief Executive Officer is not available for a revocation made pursuant to subsection (d) below. The decision by the Chief Executive Officer shall be the final decision of the City. (d) REVOCATION OF LICENSE WRONGLY ISSUED. A Tobacco Retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, one or more of the bases for denial of a license under Section 125.050 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application. § 125.120 TOBACCO RETAILING WITHOUT A LICENSE. (a) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, then the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailing license as follows: (1) After a first violation of this section at a location within any 5-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until thirty (30) days have passed from the date of the violation. (2) After a second violation of this section at a location within any 5-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until ninety (90) days have passed from the date of the last violation. (3) After of a third or subsequent violation of this section at a location within any 5-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until five (5) years have passed from the date of the last violation. (b) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Department or any peace officer and shall be forfeited after the licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of this chapter. The decision by the Department or peace officer may be appealed pursuant to the procedures set forth in Section 125.110(c). Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (c) For the purposes of the civil remedies provided in this chapter: (1) each day on which a Tobacco Product or Tobacco Paraphernalia is offered for sale in violation of this chapter; or (2) each individual retail Tobacco Product and each individual retail item of Tobacco Paraphernalia that is distributed, sold, or offered for sale in violation of this chapter; shall constitute a separate violation of this chapter. § 125.130 ENFORCEMENT. (a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (c) Each violation of this chapter is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than Two Hundred Fifty Dollars ($250) and not exceeding One Thousand Dollars ($1,000) per violation. (d) Each violation of this chapter may, in the discretion of the City Attorney, be prosecuted as an infraction or a misdemeanor when the interests of justice so require. (e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Each violation of this chapter are hereby declared to be public nuisances. (g) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative citation, judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Baldwin Park hereby declares it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 3. 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. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published or posted in a manner prescribed by law. PASSED AND APPROVED ON THE 17th day of September 2008 MANUEL LOZANO, MAYOR ATTEST: LAURA M. NIETO DEPUTY CITY CLERK 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 herby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on September 17, 2008. That there after said Ordinance 1321 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: LAURA M, NIETO DEPUTY CITY CLERK CITY OF BALDWIN PARK 11 BALDWIN P, A, R, K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer Joseph W. Pannone, City Attorney DATE: September 17, 2008 SUBJECT: Clerk's Certification of Signatures Submitted in Support of an Initiative for Police Salaries 1211V The purpose of this staff report is to provide the City Council information about the options available to it as a result of the City Clerk's certification of the signatures submitted on the proposed initiative relating to police salaries. BACKGROUND: On February 19, 2008, the Clerk's Office received a notice of intent to circulate a petition for an initiative relating to police salaries. Pursuant to California Elections Code section 9203, the Clerk forwarded that notice to the City Attorney for preparation of a title and summary; he provided that title and summary on March 3, 2008. That notice and the proposed initiative are attached to this memo at Attachment 1. On July 2, 2008, the petition proponents timely submitted 1,263 petition sections with a total of 4,905 signatures. Pursuant to California Elections Code sections 9114 and 9211, the City Clerk's Office, as the City's elections official, has completed the verification of those signatures; and 2,966 signatures have been determined sufficient. The Clerk's certification is attached as Attachment 2 to this memo and has been submitted to the City Council pursuant to California Elections Code section 9114. DISCUSSION Because the Clerk has certified the petition was signed by least 10% of the registered voters of the City, as last reported by the Los Angeles County Registrar of Voters to the Secretary of State at the time the notice of the proposed initiative was filed with the City Clerk, pursuant to Elections Code section 9215, the City Council now has three options: 1. Adopt the initiative as submitted, 2. Place the initiative, as submitted, scheduled for November 3, 2009, or 3. Order a report to address all the Elections Code section 9212. If this on the next regular City municipal election impacts and effects described in California option is selected, that report must be returned Clerk's Certification of Signatures Submitted in Support of an Initiative for Police Salaries SEPTEMBER 17, 2008 Page 2 of 2 to the City Council within 30 days after that order. After receipt of that report, the City Council would then have 10 days to select option 1 or 2, above. Due to the nature of the initiative, staff recommends the Council select option number 3. In addition to that report, staff suggests the Council also direct the City Attorney to provide a legal analysis of the proposed initiative. The City Attorney has not yet been asked to review the initiative to determine whether it is a legally valid proposal. If the City Attorney determines there are legal questions about the initiative, then a closed session memorandum should be prepared so the City Council may discuss legal options the City may have, including challenging the placement of the initiative on the ballot. FISCAL IMPACT Pursuant to California Elections Code subsection 9212(x)(1), the recommended report will analyze the fiscal impact the initiative could cause. RECOMMENDATION: It is recommended the City Council order the Chief Executive Officer to prepare a report as described in California Elections Code section 9212 and direct the City Attorney to prepare a legal analysis relating to the initiative. ATTACHMENTS: Attachment 1 — Notice of Intent to Circulate Petition Attachment 2 — Clerk's Certification of Signatures PRO UDLY SER 6ING MEMBERS OF TTIE FOLLOWING PUBLIC SAFETY UNIONS: ADELANTO CORRECTIONAL FEA ALHAMBRA LOA ANAHEIM POA AZUSA POA AZUSA CAPP BALD WIN PARK POA BARST OW POA BEAUMONTPOA BELL POA BUENA PARKPOA BURBANK AIRPORT POA BURBANK POA CALEA7CO POA CALIFORNIA CITYPFA CA CORRECT. SUPV ORG. CATHEDRAL CITY LOA CHAFFEY COLLEGE LOA CHINO PMA CHINO POA CI.AREMONT POA COLTON POA COMPTON USD LOA CORONA LOA COSTA MESA POA CULVER CITY POA CYPRESS POA DELA.NO POA DESERT IIOT SPRINGS POA EAST SAN GABRIEL PDA EL MONTE POA FONTANA LOA FONTANA SCHOOLS LOA FRESNO POA GARDENA POA - GARDEN GROVE POA GLENDALE PARK RANGERS GLENDORA POA HEMETPMA HERMOSA BEACH POA HUNTI.NUTONPARKPOA IMPERIAL POA , , WOOD PGA INGLEWOOD SCHOOLS LOA INYO DSA IRWINDALEPOA - LA HABRA LOA LA VERNE POA LONG BEACH AIRPORT POA LONG BEACH CC POA L.A. AIRPORTPOA L.A. COPS L.A. CORONERS INV ASSN L.A. COUNTYPOA L.A. GENERAL SERV. LOA L.A. POLICE PROTECTIVE LEAGUE L.A.PORTPOA L.A.SCHOOLSPOA MAMMOTH LAKES POA MAYWOOD POA MONO COUNTY DSA MONO COUNTY PSA MONROVIA LOA MONTCLAIR POA MONTEBELLO POA MONTERF.YPARKPOA MONTEREYPOA MURRIETA POA PORAC'SLDF RETIRED POAC RIALTO PMA RIALTO POA RIDGECRESTPOA RIVERSIDE POA RIVERSIDE SHERIFFS LEMU SANBERNARDINO POA SANBERNARDINO COUNTYPOA SAN DIEGO COLLEGE POA SAN FERNANDO LOA SAN GABRIEL PDA SAN MARINO LOA SANTA PAULA POA SIERRA MADRE LOA SIGNAL HILL POA SOUTH GATE POA TEAMSTERS, LOCAL 911 TORRANCEPOA I RIMDAD POA UPLAND PEA UPLAND POA U.C. BERKELEY POA UC. DAVIS POA U C. IRVINE LOA U C. LOS ANGELES POA U C. MERCED POA U C. RIVERSIDE POA U C SANDIEGO POA U.C. SAN FRANCISCO POA • C. SANTA BARBARA POA U C. SANTA CRUZ POA b7CTORVIL1,E PFA WESTMINSTER LOA LACKIE & DAMMEIER A PROFESSIONAL CORPORATION 367 NORTH SECOND AVENUE UPLAND, CALIFORNIA 91786 TELEPHONE: (909) 985 -4003 FACSIMILE: (909) 985 -3299 February 15, 2008 VIA FACSIMILE & U.S. MAIL (626) 813 -0921 Susan Rubio, City Clerk City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91706 OF COUNSEL MICHAEL D. LACKIE, APC SENDER'S EMAIL: DIETER @POLICEATTORNEY.COM Re: Notice of Intent to Circulate Petition and Request for Ballot Title and Summary California Election Code §§ 9202 & 9203 Dear City Clerk: Attached, please find a Notice of Intent to Circulate Petition and a copy of the Proposed Measure. Enclosed, also please find a filing fee in the amount of $200.00.1 Pursuant to California Elections Code §9203, please submit the proposed measure to the City Attorney to obtain a Ballot Title and Summary. We look forward to your timely response. If you have any questions or concerns, please contact the undersigned at the above address. Very truly yours, LACKIE & DAMMEIER APC aMM /�sA� Dieter C. Dammeier DCD /,p 1 If the City Council has not established a fee for such filing, please return the filing fee. FEB 19 2008 NOTICE OF INTENT TO CIRCULATE PETITION CITY OF BALDWIN PARK CITY CLERK'S DEPARTMENT California Election Code §9202 Notice is hereby given by the persons whose names appear hereon of their intention to circulate the Petition within the City of Baldwin Park for the purpose of prioritizing public safety in the City of Baldwin Park by providing police department employees with the average wage and benefits of other municipal police agencies within the San Gabriel Valley. A statement of the reasons of the proposed action as contemplated in the Petition is as follows: The residents of Baldwin Park view public safety as the top priority for City government to provide. As a result of the City allowing its pay to police department employees to drop below the average of surrounding communities, experienced officers are leaving Baldwin Park and Baldwin Park is not attracting experienced officers from other communities. The net result of the City's inaction is a reduced level of public safety, thereby jeopardizing the lives and wellbeing of its residents. The Baldwin Park Police Officers Association, in an effort to continue to provide the best level of public safety to the Community, seek the residents support in directing City officials to provide Compensation and benefits to the average of comparable municipal police agencies located in San Gabriel Valley. By doing this, Baldwin Park will be able to retain and attract more qualified and experienced police employees, thereby providing the high level of public safety each and every resident deserves. VV, 2zo,- Vivian Olivas 3727 Ahern Drive, Baldwin Park, Ca 91706 Erica Bermudez 4347 Fount n Villas Court, Baldwin Park, Ca 91706 Martha Guerra 13122 Fairgrove Ave., Baldwin Park, Ca 91706 C:\Documents and Settings\HP_Administrator \Local Settings\Temporary Internet Files \Content.IE5 \VYQ43 YPQ\ NOTICE% 200F% 20INTENT %20TO %20CIRCULATE %20PETITION - Average {ll.doc We, the undersigned registered voters of the City of Baldwin Park, California, by this petition hereby respectfully request the following ordinance be adopted immediately by the * or submitted immediately to a vote of the registered voters of the City of Baldwin Aar r gITY adoption or rejection at a special election: FEB 19 2008 PRIORITIZING PUBLIC SAFETY CITY OF BALDWIN PARK CITY CLERK'S DEPARTMENT The residents of Baldwin Park declare that City Government's top priority is to provide the best level of public safety service possible. To better achieve such level of service, upon passage of this measure and thereafter, the City of Baldwin Park shall compensate its police department employees at a level to, at a minimum, ensure that they are compensated equal to the average of other police employees in the San Gabriel Valley. This minimum of salary and benefits shall be determined by surveying the salary and benefits for police employees in Arcadia, Covina, West Covina, Alhambra, San Gabriel, Monrovia, Azusa, Glendora, Irwindale and El Monte and, at a minimum, match the average pay and benefits of these cities. After the initial survey and adjustments, upon passage of this measure, this survey shall be completed each January 15th, with salary and benefit adjustments to be made no later than February 1St of each year. In providing the above salary and benefits, the rank, job classification, assignment and tenure shall be utilized in comparing to the other police departments. "Salary" shall be defined as base pay. The bottom step and top step position will be used and Baldwin Park's pay at those positions will, at a minimum, be adjusted to match the average of the survey. "Benefits" shall be defined as any economic remuneration provided to more than one half of the survey cities, including, but not limited to medical insurance, education incentives, certificate pay, longevity pay and retirement benefits. The average of each benefit shall then be provided Baldwin Park police employees. The Baldwin Park Police Department's budgeted positions shall not fall below the level it was budgeted for in fiscal year 2004 -2005, nor shall the City contract out with any entity, public or private, for general police services, without prior voter approval. If prior to passage of this measure, the City contracts out general police services, upon passage of this measure the City's Police Department shall be reinstated and any police employees that were laid off due to contracting out services shall be immediately reinstated. Nothing in this section shall preclude the City from contracting for specialized police services or entering into mutual aid agreements with other law enforcement agencies. Nothing in this measure shall limit the obligation of the City of Baldwin Park or the Baldwin Park Police Officers Association from meeting and conferring on terms and conditions of employment as otherwise required by law. The City and Baldwin Park Police Officers Association may, if mutually agreed upon, waive or modify any salary or benefits required by this measure. If any provision of this measure or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect the remaining provisions or application thereof, and to this end, the provisions of this measure are severable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! I PROOF OF SERVICE CfTY of t3ALa WIN Cifi ,GLER 'S DEPM I declare that I am over the age of eighteen (18) and not a party to this action. My business address is 367 North Second Ave., Upland, California 91786. On February 15, 2008, I served the following document described as Notice of Intent to Circulate Petition and Request for Ballot Title and Summary California Election Code §§ 9202 & 9203 on the interested parties in this action by placing a true and correct copy of each document thereof, enclosed in a sealed envelope addressed as follows: Susan Rubio, City Clerk City of Baldwin Park 14403 Pacific Ave. Baldwin Park, CA 91706 (X) I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service. I know that the correspondence was deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that the envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date in the United States mail at Upland, California. ( ) By Personal Service, I caused such envelope to be delivered by hand to the above addressee(s). ( ) By overnight courier, I caused the above- referenced document(s) to be delivered to an overnight courier service (UPS), for delivery to the above addressee(s). (X) By facsimile machine, I caused the above - referenced document(s) to be transmitted to the above -named persons(s) at the following telecopy number: 626 -813 -0921 ( ) Certified Mail: Executed on February 15, 2008, at Upland, California. (X) (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. ( ) (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. PROOF OF SERVICE -I ! &? Al, Peterson Office of the City Clerk Susan Rubio City Clerk Rosenzary Al. Gutierrez Chief Deputy City Clerk Laura M. Nieto Deputy City Clerk Website: wwwbaldwinpark com September 4, 2008 Dieter C. Dammeier, Esq. Lackie, Dammeier & McGill 367 North Second Avenue Upland, CA 91786 Re: Ballot Initiative Regarding Police Salaries Dear Mr. Dammeier: Pursuant to the requirements of California Elections Code sections 9114 and 9211, this certification is being sent to the City Council and the representative of the proponents of the initiative petition related to police salaries filed with the City Clerk's Office on July 2, 2008 ( "the Police Salary Initiative "). My office has completed the signature verification of the Police Salary Initiative and certifies the following: Number of signatures filed 4,905 Number of signatures found sufficient 2,966 Number of signatures found 1,939 insufficient Number of registered voters of the City as last reported by the Los Angeles County Registrar of Voters to the Secretary of State at the time the notice of the Police Salary Initiative 22,361 was filed with the City Clerk ( "Registered Voters ") Ten percent (10 %) of Registered 2,236 Voters Fifteen percent (15 %) of Registered 3,354 Voters CITY OF BALDWIN PARK, 14403 EAST PACIFIC AVENUE , BALDWIN PARK � CA • 91706 , (626) 960 -4011 EXT. 108 FAX (626) 813 -0921 ®. Dieter Dammeier, Esq. September 4, 2008 Page 2 Based on the foregoing and California Elections Code sections 9214 and 9215, I, Susan Rubio, the City Clerk and elections official of the City of Baldwin Park, do hereby certify a sufficient number of signatures have been filed to qualify the Police Salary Initiative for the next general City election to be held on November 3, 2009. Sincerely, A-- un ubio City Clerk c: Mayor and Members of the City Council Vijay Singhal, Chief Executive Officer Laura Nieto, Deputy City Clerk Joseph W. Pannone, City Attorney I M III91:1 It ATA IL91:1 '11KOL Tim SEPTEMBER 17, ii 00 • COUNCIL _ 14403 6aidwin Park, t. 960-4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair 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 publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, Para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO. ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Anthony J. Bejarano and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comisi6N No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder ;A brevemente a declaraclunes o preguntas hechas por personas; o 2) L01irigir personal a investigar y10 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. MINUTES Staff recommends Commission approve the minutes of the September 3, 2008 meeting (regular.) 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 11th day of September 2008. Laura M. Nieto Deputy City Clerk Page 2 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard.) For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e -mail at inieto gbaldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Page 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION ILTA lf'klilj1*1 SEP 17 2DO8 WEDNESDAY, _ . rt r 0 . 0 • 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. • •:_I_ C ROLL CALL Present: Member Marlen Garcia, Member Monica 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, Director of Public Works William Galvez, Chief of Police Lili Hadseli, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. MINUTES Commission approved the minutes of the August 6, 2008 meeting (special and regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:51 p.m. Page 1 of 2 Approved as presented by the Commission at their meeting held September 17, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 Ewe SEPTEMBER 17,20 02 7:00 PM REGULAR MEETIN COUNCIL CHAMBER I PACIFIC AVENU BALDWIN PARK, 960-4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Anthony J. Bejarano - Member David J. Olivas - Member Ricardo Pacheco - Member 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. Finance Authority Agenda — September 17, 2008 COMENTARIOS DEL PUBLiCO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. W-11A tOX01 :1 74:7 FINANCE AUTHORITY REGULAR MEETING — 7:00 PM Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS 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 COMISI®N No se podra tomar accidn en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancla especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] IWO- 1. MINUTES Staff recommends Authority approve the minutes of the August 27, 2008 meeting (regular adjourned.) 2. RELEASE OF A PORTION OF THE CITY YARD AT 13135 E. GARVEY AVENUE FROM LEASE TO FINANCE AUTHORITY DUE TO ACQUISITION BY CALTRANS (Related City Council Agenda Item #11) Staff recommends Authority waive further reading, read by title only and adopt Resolution No. FA 2008 -001 entitled, "A RESOLUTION OF THE FINANCE AUTHORITY OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE RELEASE OF CERTAIN PROPERTY RELATED TO CERTIFICATES OF PARTICIPATION (ENERGY CONSERVATION AND RETROFIT FINANCING PROGRAM) DUE TO THE THREAT OF EMINENT DOMAIN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH" and release said portion of the property located at 13135 East Garvey Avenue subject to the financing lease due to eminent domain award from CalTrans. ITi1�M-11 l,1►iil��tt Finance Authority Agenda - September 17, 2008 CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 11 th day of September 2008. Laura M. Nieto 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"d 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 information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e -mail at Inietogbaldwingark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Finance Authority Agenda — September 17, 2008 CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES AGENDA SEP 17 2008 WEDNESDAY, AU 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 FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. • •:§- ROLL CALL Present: Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: 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, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Bejarano. 1. MINUTES Authority approved the minutes of the July 16, 2008 meeting (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:51 p.m. Approved as presented by the Authority at their meeting held September 17, Page 1 of 2 Laura M. Nieto Deputy City Clerk Page 2 of 2 Finance Authority Agenda Item #2 Please refer to City Council Agenda Item #11 ati A k� IgAJZ ' • •- SEPTEMBER 8 00 . # , ' • . BALDWIN P� A � R F K: Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member - • • , . , .. PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARiOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice-Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para habiar 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 COMISION No se podra tomar acci6n en aigu-n asunto a menos que sea incluido en la agenda, o a menos que exista alg0na 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 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the August 27, 2008 meeting (regular adjourned.) 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 11th day of September 2008. WOO Laura M. Nieto Deputy City Clerk CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES a 67-T a AG , I P 1 7 I l WEDNESDAY, 0�: 11 p.m. COUNCIIL CHAMBERS 14403 E. Pacific Avenue Baldwin 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 HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL Present: Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: 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, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Bejarano. 1. MINUTES Authority approved the minutes of July 16, 2008 (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:51 p.m. Approved as presented by the Authority at their meeting held September 17, Page 1 of 2 tl: Laura M. Nieto Deputy City Clerk Page 2 of 2