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Home My WebLink About2007 03 21NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MARCH 21, 2007 at 6:00 P.M. at City Hall Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, CA 91700. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: March 15, 2007 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING "original signed" Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on March 15, 2007. "original signed" Laura M. Nieto Deputy City Clerk City Council Special Meeting Agenda — Mare 21, 2007 CITY OF BALDWIN PARK AGENDA FOR THE SPECIAL MEETING OF THE CITY COUNCIL Please Note MARCH 21, 2007 Time 6:OOP.M. & Location CITY HALL - COUNCIL CHAMBERS 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4091 BALDWIN 1 A, Pk , Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tem Anthony J. Bejarano - Council Member David J. Olivas - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS T €LEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita at publico a dirigirse at Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunided de dirigirse at Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durente el COMMUNICATIONS period noted on the periodo de Comentarios del POblico (Public agenda. Each person is allowed five (5) minutes Communications) anunciado en la agenda. A cada speaking time. A Spanish- speaking interpreter is persona se le permite hablar por cinco (5) minutes. available for your convenience. Hay un interprete para su conveniencia. City Council Special Meeting Agenda — March 21, 2007 CITY COUNCIL SPECIAL MEETING — 6 :OOP.M. CALL TO ORDER ROLL CALL; Councilmembers: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite pare 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 Sl REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 9) 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] ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LABOR NEGOTIATOR {GC §54957.6} Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION PRESENTATIONS • Compass Blueprint Program Update City council Special Meeting Agenda — March 21, 2007 ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated March 15, 2007. "original signed" 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 n Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e-mail at r utierrez baldwirr ark.com or fnieto gbeldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) City Council Special Meeting Agenda — March 21, 2007 *AMENDED AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 21, 2007 7.00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 c. BAIDNIVIN Manuel Lozano Marlen Garcia Anthony J. Bejarano David J. Olivas 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 COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al pOblico a dirigirse al Concifio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas an esta agenda, Para agenda on any matter posted on the agenda or hablar sobre cualquier asunto pubficado an la agenda o on any other matter within its jurisdiction. If you cualquier tema qua este bajo su jurisdicci6n, Si usted wish to address the City Council or any of its desea la oportunidad de dirigirse al Concilio o alguna de Agencies, you may do so during the PUBLIC sus Agencies, podra hacerlo durante el periodo de COMMUNICATIONS period noted on the Comentarlos del Publico (Public Communications) agenda. Each person is allowed five (5) minutes anunciado an la agenda. A calla persona se le permite speaking time. A Spanish speaking interpreter is hablar por cinco (5) minutos. Hay un interprete Para su available for your convenience. conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming April 8th — 14th as National Dispatchers' Week • Certificate presentation to Gloria Hernandez for her recognition as Outstanding School Crossing Guard of the Year by All City Management Services • Presentation of Certificates of Achievement to the Baldwin Park Adult Education Essay winners & Certificates of Recognition to Adult Education instructors • Presentation of Check to the Baldwin Park Police Department K9 Program by Jan's Towing • Presentation of certificate to the City of Baldwin Park by the Los Angeles County Department of Public Health, Tobacco Control & Prevention Program, the Asian Youth Center and Healthy Eating, Active Communities (HEAL) for its recent tobacco control efforts • Presentation by Bank of the West 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 SECRE"TARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declareciones o preguntas hechas par personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en consideracion en juntas proximal. fCodigo de Gobierno §54954.21 City Council Agenda — March 21, 2007 Page 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. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD MARCH 21, 2007 TO APRIL 4, 2007 Staff recommends City Council approve the preparation and presentation of the above plaques and certificates. 3. CLAIM REJECTIONS Staff recommends City Council reject the claim of Lulu Bateman (8.31.06) and direct staff to send the appropriate notice of rejection to claimant. 4. MINUTES Staff recommends City Council approve the minutes of the March 7, 2007 meeting (Special and Regular). 5. CITY TREASURER'S REPORT — FEBRUARY, 2007 Staff recommends City Council receive and file the report. 6. 2" d READING OF ORDINANCE NO. 1300 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1300 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.197 AND 153.227 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRUCK] NGITERMINALSISTORAGE YARDS; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC159b) ". 7. MONTHLY BUDGET REPORTS Staff recommends City Council receive and file the report. 8. 'PRELIMINARY ENGINEERING REPORT AND AUTHORIZATION TO PROCEED WITH BALLOTING Staff recommends City Council waive further reading, read by title only and adopt *Resolution No. 2007 -021 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, INITIATING THE FORMATION AND STATING ITS INTENTION TO ESTABLISH AN ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND DIRECTING ACTIONS WITH RESPECT THERETO, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ". Resolution number corrected March 20, 2007 9. APPROPRIATION OF ADDITIONAL FUNDS FOR THE JULIA MCNEIL SENIOR CENTER PROJECT, CIP 604 Staff recommends City Council authorize staff to proceed with Option 1 to complete the Julia McNeil Senior Center Project, CIP 604, as designed and authorize the appropriation of CDBG Funds in the amount of $100,000 to account number 120.53.5020.604. City Council Agenda — March 21, 2007 Page 3 SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and/or City Council at or prior to the public hearing. 10. PUBLIC HEARING TO REQUEST APPROVAL OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE MODIFYING STANDARDS FOR ADULT- ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO. AZC -159a (Continued from March 7, 2007) Staff recommends City Council open the continued public hearing and following the public hearing, waive further reading, read by title only and adopt Resolution No. 2007- 017 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO ADULT - ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC -159A" and waive further reading, read by title only and introduce for first reading Ordinance No. 1301 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 153.440, 153.441, 124.010,124.020, 124.040, 124.050, 124,080, 124.090, 124.100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT - ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC- 159A ". REPORTS OF OFFICERS 11. DAY LABORER ORDINANCE Staff recommends City Council waive further reading, read by title only and introduce for first reading Ordinance No. 1302 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 97.135,97.136, 97.137 AND 97.138 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATION ". CITY COUNCIL / CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request bV Ma or Lozano for discussion on the following: Request to send a congratulatory letter to Congresswoman Hilda Solis for on her appointment to the newly created Select Committee on Energy Independence and Global Warming Re guest by Councilmember Olivas for discussion on the following, : • Request for update on banner program for veterans of the Iraq war Request for staff to review long -range transportation plans for MTA and SCAG and to have Baldwin Park's transportation needs incorporated in them • Request to review ordinances on "medicinal marijuana clubs" City Council Agenda — March 21, 2007 Page 4 Re guest by Councilmember Pacheco for discussion on the following: • Request for a crossing guard at Elwin Elementary School ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 15 day of March, 2007 „original signed" Laura M. Nieto Deputy City Clerk *Amended March 20, 2007 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 or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960 -4011, ext. 466 or via e -mail at r utierrez baldwin ark.com or lnieto baldwin ark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting wfll enable staff to snake reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE il) City Council Agenda - March 21, 2007 Page 5 ?R14 W,LDW I N P A, R, CITY OF BALDWIN PARK TO: FROM: DATE: SUBJECT: PURPOSE: Honorable Mayor and City Council MAR 2 1 2007 ITEM N0. STAFF REPORT Hennie E. Apodaca, Interim Finance Director MARCH 21, 2007 Warrants and Demands The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The payroll of the City of Baldwin Park consisting of check numbers 174592 - 174708 inclusive, voids: 174592, 174595, 174599 Additionally, Automatic Clearing House (ACH) Payroll Deposits were made on behalf of City Employees from control number 006556 — 006740 for the period of February 11, 2007 through February 24, 2007 inclusive, have been presented and hereby ratified, in the amount of $400,323.26. General Warrants, including check numbers 161801 to 162014 inclusive, in the total amount of $1,079,627.74 constituting claims and demands against the City of Baldwin Park, are here with 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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T", L 1 flu I d A I A i k' L4 MAC RUAMS NOT Wat Of GGI lei UT 1 EA WKS HAINUNANU 0WRICT Qv of 89don Park tr V. 2H? DIAS Pw W', now Hktorn BY AP pqmmt Tom OpUgHn to H15sopq Chnoqml 10HI to UNA h;MM TP; %,I, 915 PWRF W= IR Do 1 V 1 A? QnWd Q fm wO lava Ot 6roy A,-T ? I -J `0 F".1 01, ? 02 "1 r." H11/ rj 0 Do H 3, .1111' 11? 'I A F"F',S�)R'E' REEL; Do 1 PM 1 At Q !", w H " K no G"all - Dacm pvo,�-, sum WEI-I K! 5w Own; 0,00 in: D! GMSS Ampt DHMUA AM NOMMO und No AMU ple.," 01 01, 7 2 2 19 VeW Venda law Wi 1( d; 5 1 A 11 (i ,', t 0 P hubum 21 Od 915 PWRF W= IR Do 1 V 1 A? QnWd Q fm wO lava Ot 6roy A,-T ? I -J `0 F".1 01, ? 02 "1 r." H11/ rj 0 Do H 3, .1111' 11? 'I A F"F',S�)R'E' REEL; Do 1 PM 1 At Q !", w H " K no G"all - Dacm pvo,�-, sum WEI-I K! 5w Own; 0,00 in: D! 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Msmut Ad Ismut UNd NM Am= POA Stat KOM WORSO 71 i' u 7'r- f", - 01 V) 11800 Gross Act,"Ad D�'v'ipt!cfri 11 W �:' ",1 1 EEA PO Liglutw, ARM MOWN, OHM ------------ SANIN6 A CRY of 60w; Pan rar 12, 2007 D105pT, PigL� Payment History. dank AP Payment Dates DOW= ta 9VIIJB9 QUYAGUS 9HO! to 1014 Papent Type Ack -------------------------------------------------------------------------------- yowl veww, Name Rmul Page lba0, Ch@6,ij r,hk Date Check Alf unt SEp jH4 OWN 5 DMHN 0 1"HO OYGU07 2M.O0 ClaivQ Genrral DescrptjorI 01544 FEB SERVICE!5 frl-aiTA C %eprral ENS LNEP THHEIP" P(l 4 "'. t -.-. ". ,. o, 't f, �i - t I T. i %! vo i L s n v c, A mouq ",t, rneun� Am, Use Nei A-miournt FjL Oi i, Rms .Amu Won 010 AUN DMU190 UA140MG 2 H A 4 1 EA MUSHY OVOP UWER row, PO Llvjutw Amu-nt 2 1 29154 ','4HP,�A A P01 StM Anvad#.',,r,,volc0 invc Dt Gnss Anut Hout AM Dhmnt Used Ht Anat i4772 0 0 03/e.''1107 2,925.00 0.00 2,92S,00 �K D�strj{utlon Grqs3 1riou1 t Work Crd,H ActCj Descrjpt-i on I EA ''ANNUAL-FY05,47* [EMERGENCY SFP,t11177 f,,,,NSKTANT X100-24- O LiWiAtUn Amour: q04KHO ------------------------ --------------------------------------------------- MvH venfl �lendor Naw but! Page ------------------------------------------------------- Bark Clh.ckl Ckk Date Check 4ouyit Sep 07 1 14 NIiG1Ea.. 0 50115 AP 161941 0-3/08/07 14115S, Q� -;, T0 General, Descr"Ptlop. 91647 J,-ACQUFP THIMtER polq St"'t POT€tractl Invniceq invc D" Gross Amoupt Discount Amt Dismunt, Used Net Amount 14"iE, 0 125655 04/1,21/07 14L59 0 00 141�H 61. Distribution C,,,00s Aipwt Work Ord�,ri ActCd Mscriptfon 14642"494 IV 'to I EA *ANNUA[.-Fli`O6 071 LAQUEP THIN0 PO LiWihthn Amount -------------------------------------------------------------------------------------------------------------------------------------------- 10052104 141-60 4nfl 47dor Nar�e Rmlltl P�Y�e �,ank, Che01 Chk Date pJ�,c,4 Apooiml, Sep 332' AND �-AGhFLOW AP 1611,12 GS/03�107 i59200 ma lml Snewl oescrlptjor[ &1 0 KKK Sv POI't 5t-u�,t Cr)ntracti lwiG 0? Irvc Dt Cross Amount Amt Biscount UsM Net Amou5t f6447 0 6 53 It 0 /20/o7 159.00 LOD 2 S A 0 K H9000 Gross Amount Work Ordv& ActcJ Dp--.2criqti,1n 0110 1 EA °AINi AL-FYH/G71 PLUMM NIC '3EP7V7ES A.NB PARTS. GENERA- FUND PORTION 1511 H 1 EP. PAHS MAJINTENANCE POPTIT11 PO LiSdativ AMOUM 12 P05HO i b - 5 , Cl {, , v+: ull '41-liol, Na'me -------------------------------------------------------------- (unto Pam ----------------------- CI)k Date C4.6k A�v',um, Se) 99 jA. MUMEL & 505 AP 1619�,3 ORf�08�107 2,� 3 , 53 4 frl-aiTA C %eprral ENS LNEP THHEIP" P(l 4 "'. t -.-. ". ,. o, 't f, �i - t I T. i %! vo i L s n v c, A mouq ",t, rneun� Am, Use Nei A-miournt FjL Oi i, Rms .Amu Won 010 AUN DMU190 UA140MG 2 H A 4 1 EA MUSHY OVOP UWER row, PO Llvjutw Amu-nt 2 1 29154 ','4HP,�A A IUY Y BARP Par-,' Mr Q 2H7 MY P"e ymut HQuy. out AP Pawa MY IMPON to HOW" MIYOV2 15*1 tO 1201" paywal Tpe ChK' Sep Emu! paw M ANS MUM -�Kt AP 6 0 15 ,'roc -Alfl.� AV K5 Sol Apy,41 Towpi AMOE glUs! AM BOMN UM5 hill png� UM Awat sp, AP S Qm! PO4 sot WFUNA !U5214 No Ct S"Is moat vVywy Ali Onvapt 06 NO Amon" HOT WYM, OAO Lunn, GL TAMAQ, wMG ANO WWI ONVI AM ;MUqAM,1 UP05M MTER SO, vends HOW Name Repti Pape M pack! Chy �ste tha AMOUN ter, Ce"ieva"'. Des L-1-i "-d" PH Owt BMW 1NOW61 R 6rus Anum OMMUL Ad DAM"I UNd RM AUUT, DAG 6L ;OT 011 i ErA "Aj"j"Aj,,L 5y A OF Lydon pack Nr 0, 2H7 MOW Pqe N lawt Wtav WA Ap PYMNA Wes UOIN/600 to 9Q5vqHw Mysbus CHI 9 HHH NYMA Tiro um 127-5-500 b A 11, I EA PARKS NAINUMANU DWICT PG Us= Win mov, NQY521f,', Iii Andor b21,,� 5,-C 4 C"k Ut0,, Amwui-n,. Sep ffP',Gr 1","D 1, " 9 --,! -, /0�; "I -� AP :/0 � 4 � , !"T 1, put Sul Amewif 1=04 Do: Do 1 , Nv5 mal Gorwal Ann Wapph Used let Anox A 1 EA NONLO NN, MR GfF ?w WHYPIN A NOW W Ot W S Wot On= AC Nnat lot of Aww'. IV AmOt M OAT 4 03P707 EL Ali is w W N0,010 GL Dist r1ution, A 1. RUUD FN MEW but Vumr ----------- Reath pap rk mecki M We ched AIM Sep P711 WN HERNAME-7, 0 109H 031117 a 0 A ") put Sul Amewif 1=04 Do: Do 1 , Nv5 mal Gorwal Ann Wapph Used let Anox A 1 EA NONLO NN, MR GfF ?w WHYPIN A Poo sat conywN NOW lavc Dt 5rm; Tsum Ag Wsmut Uwd IV AmOt 03P707 W N0,010 GL Dist r1ution, 6rom Amout Ork Iderf Actb- 1 55crytion 0 L 0 Rapd, CM, Amcum Sep AP I out pam/wwxt--. PO O Ski ix nva"I Wave, Wc 01 Was AIM!! D WWI AV NsmuMd No Awn't 1. 'I'll - ol 02901; 6 L 1111 0 AO it pshlown Im Amat WoN 0"al AW P ilk jim, WxihL RpLwjmNT MIS FOR &THMN AM STER KIM, PO L f 1 At 100 563 itch Cho Date Chow ATOM W"', put Sul Amewif 1=04 Do: Do 1 , Nv5 mal Gorwal Ann Wapph Used let Anox A 1 EA NONLO NN, MR GfF ?w WHYPIN A w^r �7 ?H0 N'05»m We �S y n� 0al�w\n Par� — ' Eli K�story Imk '� Paym*A Oaks HAWN � 9�/��/��99 Awnk/ka�'s 1N8V1 �o 16Z01� Payme� Tyye ��etk in� S«��al 0oscri��oo Cmtral0 Imm\ml Invr 8t Wm Aunt 0)Som% Amt NO Venlor Kww bit! pae« kW q K � �F0M� KE�J�� U��0�� HA: � 37100 in� S«��al 0oscri��oo Cmtral0 Imm\ml Invr 8t Wm Aunt 0)Som% Amt O!ommnl Urd #n\ kNxmt K; Stut kW 0JO 1440 S 0 |1, 1-'. -" 0258/07 37100 K 0591�01N] Cross H»mt SMTK G*mitf Payo» 0mA GNU! ANN �� |�j�1� 370 H, m xweFw6g7 PURE EPT URM AND RE@TD 1040520 ^ ES0OL PR0 5HVE5 FR iN0 lop '6Z11007 350 SURE"' PO Lividation Amnunt D 12 -------- _________'____________________________________—__ R»mit# P»�o PO iiquWaM*n rlato �eck Ajmunt Sep ;nd8 YonJor Xue /�p H08/V7 70.H HIM C1-k",':,L3 1/�W84-2�3/N P0t Stat cmtrnct# 1nnicp@ Do Dt SrMm Auu t 0wmut AM 0ncmnt nod No NW., 0 US/0707 /0.0O oil 0' 0otrBut1Vn rnon Mmmt Nork ON& W Hohptinn 1046_217Z !CAI -------------- ---'----' 0ank Omck# Ckk Da�e C�sck N &I V*»or �m �� it R Pa�p "I 460 KT*G H-,.'.LT COIP�&Y xw wr l 0oscript\un 1EH 33K0 P08 Stat Co/wt# 14y"6 D 6L 3iS�r��m�`nn 10557510 lPo|Y 4 6 5 4,� TnvC Dt Sm9 @mu 1 W� Grog Am= Wok OrW AWd Nmmunt Ant Diswunt UsoJ N9t AqOu t 0eocr\pti0n L�8D� �m0E% 1 EA *AINNL'R 06/0` MIST PC L\WALim Ho AWN kW 40145210_________________.��.54______________________________________ 10 len��h @m,do, W KEYIH SX£S DD: KJ 5B�l�S SMTK G*mitf Payo» Gr»«u Ammt 0mA GNU! ANN �� |�j�1� WN! Banal Wor\;i|on Iovr it Grom AMmt 0510 AV Iyouunt "d Ho AWN PO� S�� Con�mct# lmw(co8 10 Gr»«u Ammt 0mA GNU! ANN bHWH» 6L DiStn�«�1»» ^ ES0OL PR0 5HVE5 FR iN0 lop '6Z11007 350 PO iiquWaM*n )N�S2_W3.04/355.D,�______________________________________ Nr 1, 2U7 OHM Pal My 09 Mon DK Bit we D 01O V 9M Mat Mmy. aUs 0RH M ---------- ----------- ------ '-'Id vend o r e Rowit! Papp Bank Mcd Ghk Date Ch ea Amount 50,i M f[ 'AN AP 15190 �', 3 �� 0 7 1 L . A Uipll lb C ` T 0 F A 11�i I A G A '101 " 1 A � "I i I , ".1 lac DI CAM MA " '', '�M��'f' Aw�i' r jl"�'t 1 0 9 E I) 'I Ifil 07 1DM916 I 0 An J: o. 0 7 2 04E U' YY Gron Amsm; Oct wders ACV ley"QtM oil Ko AM= M ENV An" owwyw"[ 6, f. EA 10-�';`GOL F'VU6/07" A,,.ijAEL No q i f� A A N'N'i L - F"O 61 AUJiAL 2, C! P9 LAMM! PC Jvlwlw� Aloont 60 01 1 kP, AM)' DiM A 6 10 0 2 Moo,"' 6, MAE .)RD �AFEFY ``F-PT-AKMAL GO','ITROL 5RV aw wopaQw pw vow� PH Sol ON VAS 1 A � "I i I , ".1 lac DI CAM MA AN UMMUL M No AE,..... . 1 0 9 E I) 'I Ifil 07 1DM916 oil 0 An J: o. 0 7 2 04E U' f -5 4 oil Ko AM= M ENV An" owwyw"[ RUDSM9 110", �' i f� A A N'N'i L - F"O 61 AUJiAL 2, C! P9 LAMM! Awl'ot 60 01 1 kP, AM)' DiM A 6 162FIND .)RD �AFEFY Remits pw� LICUS jKLUED 19HVETIMNS PARED WITH 1MUMT, opt AIM Vhk Me Cleo Annum se-p DUT 11 PARIC d 10S ACE15 MIT DOT OF PUM 0 1012 onqual � 1 f - �41 "I", 20S L05 MERV UNNAY aw wopaQw pw vow� PH Sol ON VAS 1 A � "I i I , ".1 IrpL o- A,u ?Jet 1 0 9 E I) 'I Ifil 07 it a h 91 '0 A o. 0 7 2 04E U' f -5 4 oil i21 W de 2, C! 60 01 1 kP, AM)' DiM A 6 .)RD �AFEFY LICUS jKLUED 19HVETIMNS PARED WITH 1MUMT, PO Liq0tion Ven�Cr NeT� 4741 mane Bno Nxf-," Chi Date QUA AMOK Ty PON MPTUM pit lot ROOM TMOM M it orw Awn, GL Mrwnw ..',, 4C 1 U 51 PIT, PO Kyw[Mr, Mom 5 L Zr .11 ------------------------- ------------- ------ !HIP AMRS NYAA ROOM E&3 UMM' too Guen! &Wptwr' 16n ROIR URFWL pa Sul warml lwowi W Q,2H1 DOWN Poe 40 Co 99,F 9_ to 10014 paympt . ueu A= ,o- -v Wus Ordri ASC --------------------- - --------------------------- Gt.k DzAe ��i C wh Vendor Haw Raw poop AP 1�')1'92� / f,,' 07,iH ' 11 � J, , '14 LAIDLAW", ",,P, ��,EALIY LIL 11.11 40, [1 ,,, 4 too Guen! &Wptwr' 16n ROIR URFWL pa Sul warml lwowi lun R 03p7P7 Vom Apwnt 45.00 DWY AM WOW dwd W No AMUT 45 A A= ,o- -v Wus Ordri ASC VHS ANWA D1scoirit AW, AP 1512-,- W Amount DOI S161 WUNU WIM! 1mc Dt 11.11 40, [1 ,,, 4 01 U) I WU UL BMW= 1 [A %111,WkL-F'� fi/�7� WTS AND LABOR NOT CWERE'�� UNER WARAW, PO L190 0r, Amouit 497.9-,, ------------------ PC WK d8N Ruth Aye, AP 2' 1 ill) j, 0 U 1� 171 WMh ULU too Guen! &Wptwr' 16n ROIR URFWL pa Sul warml lwowi lun R 03p7P7 Vom Apwnt 45.00 DWY AM WOW dwd W No AMUT 45 A A= ,o- -v Wus Ordri ASC AP 1512-,- E154.:, ' E j 'Y`10U 7 !M2 LWN Mal CW', qA4 wow ' our a art 452 PH50-:11W.,� PGI stut &WROA WNW AN450 DIRG"M AMI w1swo iced in Own-, ".J Via Aww; ASS GHU4 054 -.01A pit AH RRAIR J- L.1111"i lot WWET-,� &K Sol om�-w van Do �paj Avon! D03051 All Unw; ayd UNIT LKWA was vim, 1 EA 00-"A 370 L +H00 Pk`�' AMA-, By SAM A KHOU I bAdd; 00' Mr 12, 2UT HOW P50 0 Kyun! HIM. B80 Ap plownt htm 0"UMHO to qVIv9p, WRIK!"I !&A Q 12111 panan APO cwc`` No Sut wptroof W&I Wr K Goo Aunt Ismat AM hsoot UHd M! Amut TJ 7 0.0(1 'Ili B .Or', 12/21106 47.36 0.00 4 7.3 ro 0 19.49 1.00 1 Grnss Ammint qHUaTWV071 PREWRIVE MATITNAVE AND REPAIR' 0 3741a E"I"PILY 64UGEIS SNN j, LAND GAPE [QUVEF, PO Ualp"In Awn." 14 T. ------------------ ye l! Vendor Nam WRI Page ------------------ f:l,n.n.t Date Check A-,otMt 555 1 ANSON PROKUS, !N',' M1123 03MO107 114, V� 4 Ot i DII P&H PHTIj Pot 511 wDustf 0040 1m; K Grms Amurt Ne-t Aumi� /614 0 Sn, a o / c" apo 7 1 111 4 , 4 3 0. 0 HC43 O 0WHONTL Rows AWOL Wuh ONVI AAU WUNY, 1050120 114A-. 1 E�, TOOL5 4,'D SHOP 5UPPLIE.I., PO LAQWi Amu' B00121H, i A 1� ------------------------------- I ------------------ —.—I ---------------- RnH VU0, Namp WtD PaPE Oak uecko chi Date Check ArOUM So,, 'T HE !-EA I CIT �, A 161924 +M 09 /G7 R,EGTST--TIRIIA ' Iu puv,; Tv-0 ,-;,wT[ Expo PON Sot Antrado Inaimi Nvc Ot 6ross Amunt q C o ua t AI- t 0311P7 49L( ;0 G.'L DiGtCtbUUDF, Gpu-�s Amount Worl,, 0�,�eff ACV6 De�crfpticn 10,4150-97 4900 1 M•RT1K7 -------------------------------------------- I --------------- -------------------------------- V,�r[dl Vendor Naw Rem U NY, 9H EIGRA'."ING !K 61667 UIRY 5A 1~S P01 I"Ut cultrictil lqvolc�' OiP3661 GL MdrHAW, 100-15-5210 laof 6=11 NsIriptio'n R1707 [J`Vlr''' U,:, 4 Net AmDvt 112',-2 G 7 ----------------------- link CheY Ght, Tjate� Ci eck AmouTit, 5eP AP 161925 03/H/07 411).8 ", 'T3V Pt Gross Arcunt Discount Amt DisroUnt U3el Net A mo u ni t 021 1210r ,rya, Il 0 I 0.0(1 'Ili B .Or', 12/21106 47.36 0.00 4 7.3 ro 0 19.49 1.00 1 Grnss Ammint Wort Orderi Actcd DPI.criptiofj 0 3741a E"I"PILY 64UGEIS pot sut wrad! T•o& inc N Ross Amount DISMUM Alt KcNmt Uwd Net WOU0, ^j 1,6142 0:?/;6I 7 W 3837 G 1- D i s lit 1 on Ems Awnt W Or ;fir AnCd DescroUn, 10040210 30X F-I"FLY ----------------- --- --------- ------------------------------------ --------- SANDRA A NY of BMW Puk Nr UAW NO% Ne V - C-Tit TYF-c CJI�ck me, i t H is to I'll , ID:, a In lk A P P�yri I ent h t, es GO, 10 n 61 to 9 9 9 9S 9 5eck/ACH,4 S H 1RO I U, 1620 !4 P,� YT r -------------------------------------------- - - - - - - - - - VORO VTldv loT",? Wh Pape Date A��,ciulnt S6�� 11 -, 11 A7 P 1611 �Inju E Scr: RT FA TD Y }IHF 'MOR -- juml GueNIDeurpOn R F 1. A T - 14 �, R V 3 4 ;4/01, S G V E I P L�( 10,1 1 S C C Fol fi T 1 li M Ru t co, I t c t � I nn 12 1 10C H vam WinT ,Nsco,,,rt ATit i'i'- .count ij--P-d 'let Ario�]O, unyg7 N4. 00 I NMI GL MAO= Ems Amu` NO OW1 AnU BHW9171 HOO,Tj NCH WRMP JQg7 SOV W MOM UST VIE PHEMMUL SrWil Pop stat WON ANOWO lnvc Dt Grow Amut NSMUM Amt Dismunt Used let ANc)kIrit 1UN Ov3w 5L C. Pl. 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I 7A I:F 0�rlll T A �'L.1 I R T,"--,, I E EVAMON MWErT PO Amont AsM So; VO4 Vapdor Nam AM Pam 2V �TMF WES M202 034407 15 011 PO4 sot courmto imokes 10c 01 Me Ament Mat AV msmut UK NO AmM, I A 0 07' 121 M L 2B 0 21 F] � / 1 fir' o - G 7 `z i I {! 2! 15! 0 7 11 ' - 4W l__ -t.' A'N(M ' P b5 A I f, A C-,AN,2qA) U, 2M7 OhOUP WO T', Aymnt Hilmy, But AP Pqmut DOW OOPOMHO U MUM UWAMIA WHI W HMM MpeO Tpe U& 1, Enrlown., Ax,1,01, Wo r �� Or d e,'- !��' A," T,'. i, d De sc r i P t � CM, too 012 'IG L 3 H A 19 1 T-A PO L i w i Al wp. Amount ---------------------- Vendf VendW Narw lit PaYeev TI-A, -IIIUMYP. I NIDIUSI "FiRl, FS', P,O, F;OIX 201d, 0 UM4 ST NEW 4'r -'17,11 �, ; � IH111"LIF FIRE", ---- ------------ Bar;. Chk Me WO AMOUM Sep, NO sot QV301 NNATI inc Ot Orms Awnt Mut Apt Mount Ned Net Amup t 0-1/0 9/ 0 7 3 f) K MMANn hms Amut Not OHUQ AOU Dmuiptivr, P41452 W49.1 1 EA IUMMPFH6P7* THFHC CNNHL 5105. WENRO AV RMATORY DEVITS PO AMMM, 105452WHI 104 17 General Description °1775 ST SWEEPING SIGN5 HH) tat F,`�,ntractii Tr"VOICO 1TIVC N Gross AmoLmt Disuunt Apt Dis-CofiM Used Net Amurt OGS,2532 o"n5,iv 742,4 0,H 242M GL D!Ftri mtjc-a Gro-s, Aqouit Work Ord�r# ActCd DescrIpU;.m ?42,44 ,:,T SWEEPING SIM3, -------------- -------------------- ------------ Accoupt,, Plyable Release �,1.3 PAPR700 " SHEA A 7i2 oF 602win NfR W12,2MI 0001M Pie 14 - .fer"t H,Jor« Ru;k AP Pmpmt DaUs DOROgHO to 99291999 MIAMFE %101 to IVOR PaPUt 22[«2 -------------------------------------------- I ------------------- ---------------------------------- __ ___ Blank pages purpoems amitted: Non—iss "Void" checks: 2, 7, 17, 22, 26, 37, 45 161802 A&C,�. Count 161815 Teck TWI 161817 Q LWAM WE 5h,2126 161819 % Qn W&MA9 ToAl GAO 161945 Aid bv AN: !Gld Crmirit .0 MG Total 0,00 )0 Li ld J11,t � cq 2b.l K9 9 % c k i ,- P w t h. e I d i i i : T e, GAO Mal pamuts'. � J Cowit 2§ %WTOW - L9B,R714 0 L i q U� i d f t a I. g i T ) t ON ow s: Ued cog" Ion TWI ""oUl Toluili. 0 Cie CIAP 2:« 2: 6 yth »<e e ELI 2 AO, 2 SANDRA A KAMM CITY COUNCIL AGENDA MAR 2 1 2007 RCITY OF BALDWIN PARK 14 CONSENT CALENDAR BALDWIN P,A - R•K TO: Mayor and City Council PROM: Vijay Singhal, Chief Executive Officer . DATE: March 21, 2007 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period March 21, 2007 to April 4, 2007 The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP As of March 21, 2007, the following requests were received for the period from March 21, 2006 to April 4, 2007. Time/Date /Place of Gate Needed R. nested B' Li #f Honorees 0; Mayor Pro Tern SIB Home Loans 6:00 pm, Thursday, Certificate Garcia Grand Opening March 22, 2007 3/22/2007 1900 W. Garvey Ave. South, Suite 250, West Covina Police PRIDE Platoon 010 11:00 am, Saturday, Certificates Department Graduates March 24, 2007 3/22/2007 Council Chambers Office of Cecelia Bernal, Woman of 2:00 pm, Saturday, Certificate Congresswoman Distinction for the 32nd March 24, 2007 3/22/2007 Hilda Solis Congressional District West Covina CityHafl Mayor Pro Tern American Capital Advance 6:00 pm, Thursday, Certificate Garcia Grand Opening March 29, 2007 3/28/2007 14327 Ramona Blvd., Baldwin Park San Gabriel April 2007 as Child Abuse 7:00 pm, Wednesday, Proclamation Family Violence Prevention Month April 4, 2007 4/4/2007 Council City Council Meeting Proposed Recognitions March 21, 2007 Page 2 The following requests for plaques and certificates were approved by the Chief Executive Officer and were ordered and/or prepared: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Sharon Thompson, Executive Secretary to CEO Time /Date/Place of Date Needed lRq Nested B . 4ist of Honorees Presentat or . Mayor Lozano City of Irwindale for 1 1:00 am, Saturday, Plaque dedication of Veteran's March 3, 2007 3/1/2007 Memorial Irwindale City Hall Mayor Lozano Al Contreras, President 6:00 pm, Tuesday, Plaque Sister Cities Assn. March 6, 2007 3/6/2007 Communit Center Mayor Pro Tem Best Value Publications 6:00 pm, Thursday, Plaque Garcia Grand Opening March 8, 2007 3/8/2007 14327 Ramona Blvd., Baldwin Park Office of Senator Outstanding Women of the 12:15 pm, Friday, Certificates Gloria Romero 24t" Senate District: March 16, 2007 3/15/2007 Dolores Holguin and Grace T. Black Margarita Vargas Auditorium, 3130 N. T ler Ave., El Monte RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Sharon Thompson, Executive Secretary to CEO w■ s % .. A - R - K CITY OF BALDWIN PARK M AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members Q FROM: Rosemary M. Gutierrez, Chief Deputy City Clerk DATE: March 21, 2007 SUBJECT: Claim Rejection PURPOSE This report requests the City Council reject the Claim for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION In order for the statute of limitations to begin on the claim received, it is necessary for the City Council to reject the claim by order of a motion and that the claimant be sent written notification of said action. Staff recommends City Council reject the claim of Lulu Bateman and direct staff to send the appropriate notice of rejection to claimant. Attachment(s) Claims filed by: ® Bateman, Lulu — DOI: 8/31/06 BrS4 CITY OF BALDWIN PARK a t3ALDW I N CLAIM FOR DAMAGES I' `' 1k K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY, 2, FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAtL TQ: OFFIC_ OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING m CLAIMS FOR DEATH, INJURY 1-0 PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECT €ON 811.2) c ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCC. (GOVERNMUNT CODE SECTION 911.2) Baldwin r� �f'Q: �It� O� L)c`��iC;�!/Ifltl ��BI'�t 4. Claimant's Date Of Birth (if a minor) 1. Name Of Claimant ' / / 5. Claimant's apation �'J d- 2. Home Address of Claimant _ G. 11 me Telephone Number 3. Business Address of C ai €rant 7. iBtlsiness T lephone Number 8. Name and address to which you desire notices or communications to be sent regarding this claim: . I- a) 7i"e � �� /s r 5 � � X C 7 r Vp - e, k JURY,OCCUr? 9. When d AMA E or Time: // r `i� 10. Na tes of any City employees inv in INJURY or DAMAGE: LieparI Date: 91 DG.� - -U Name I. atc lC ) vl �eu If claim is for Equitable Ind erni ty, give date claimant I -k -I-YCtfylS'!" -- served with complaint! _ f'lt,t11 firf ri �� n e, _ mm 11. Where did DAMAGE .r INJURY occur? 12, Describe in . etail hour tIq D TAGE or I�NJ V aceurfed. 13. Were police Or paramedics ca!Ied ?Yes I NO [ 14• If physician was visited due to injury, include date of first visit and physician's I( filed? Yes I1 No D name, address a d phone Number. / yes, was a report �7Q��'d� If what is the Repoil No? /01khd) iq yes, i Why do you claim the City of Baldwin Park is respoa sihle? (Please be specific - Use additional sheet if necessary) c.A% . 2, 15. List damages incurred too (late? 4j'iZ. �/fi!''i.� ��•3 ..�i:- GY7� ✓��I -d�f1 �l,L�i'/�'�"f��'� L�LGI.t..f" �� -s( %l� G��iCG�( �..�%/iZ.�,CE''/� ,FJ- G$�:MJ 16. -Total amount Of claim to date: r. Gacx: , no Basis for Computation:GC1! Limited Civil Case: ❑ Yes Q No (State the amount of your claim if the total amOLIPt is $10,000 Or less. If it is over $10,000 no dollar a€nount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total aniOU11t Of prospective damages: .[Basis for Computation: 18. Witnesses to DAMAGE or INJIJRY: List all persons and addresses or persons known to have information: Name irrWtrrt G'7 Address Phone Name -.-.----Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: 1 hereb y er(dx (a declare) under paroV of perjury under the laws of the .stale of California t1 ul the foregoing is trio wri correct to the Lest of my knowledge. / r 5ig�ialasre \__ Retationsh taiCiainiant Printed Name hate Noto: Presentation of a talse Ctatiri is a ietony (Nenat L;ocle zjection (z) CC Form i (Rev 7106) SHORT TITLE: CASE NUMBrR: — Bateman v. Baldwin Park Transit N/A 1', 2 3 4 6 7 81 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MC-025 ATTACHMENT (Number): l Page 2 of 3 (phis Attachment maybe used with any Judicial Council forth.) (Add pages as required) Ms. Bateman exitod a Baldwin Park'I'ransit bus at Merced and Pucntc. She fell due to the bus driver Barked the bus extremely far away fi,on1 the curb. As Ms. Batement stepped off the bus, the bus exit was directly in front o7 a eery steep storm drain wkich caused Ms. Bateman to fall forward and strike her left knee on the curb, her right aril on the sidewalk and caused a ri -lit foot iIIjtn'y due to the height of her fall. 27 (If the item that this Aft ;ichment concerns is rnada under penally of perjury, aN statements in this Attachment are made under penatty of perjury.) I Pa efof1 Form APgroved for OAtionat Use ATTACHMENT snns.cou�tinfo.ca.gav jvaida! CeURGI of Califomia NIC- 025 1Rev. Jsoua€y 1.20071 tO Judicial Council Form American t-ega €Nei. Snc- vA"v, P o rm sWoYr. RP w, c= SHORT TITLE: Batclllar1 v. Baldwill Park Transit 4 5 6 7 9 1a 11 12 13 14� 15 16 17 18 19 20 21 22 23 24 25 26 CASE NUMBER- N/A MC -025 ATTACHMENT (Number). 2 Pago 3 of 3 (This Attachment may i)e used will) any.ludletai Council form,) (Add pages as toqu {red) Tile City of Balciwitt Park ertiployed the bus driver of the BIadwin Park Transit- PUrnkin Line who was responsible for the causing the injury to Ms. Lulu Bateman On August 31, 2006. 2711 (If the ilein that this Aftcchrnent cor)ceins is made under penalty of perjury, all stafe)net)ts in this Attachment are made under penally of perjury.} Po- Approved for optional use P e 1 of f Jodidat Council of Callfomia ATTACHME(T isrnr.eaixiinto.ca.yav =- 025(Rov.January 1.J0071 to Judicial Council Form American Laflatr`rt, #nc. ;WM.Fan nsViorf,Raor.canl CITY OF BALDWIN PARK CITY COUNCIL MINUTES MAR 2 1 2007 WEDNESDAWEN446C , ZO 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco 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 Councilmember Olivas. PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano adjourned in memory of Eileen Phinero, lifelong Baldwin Park resident and historian. He requested that the Historical Society Museum be named in her honor. Mayor Lozano also adjourned in memory of Lela Coleman. Councilmember Pacheco congratulated all elected officials in the Valley who successfully won their elections. ROLL CALL Present: Council Member Bejarano, Council Member Olivas, Council Member Pacheco, Mayor Pro Tern Garcia, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Marie Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary Gutierrez, Chief Deputy City Clerk, Hennie Apodaca, Interim Finance Director, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Director of Public Works, Ed Lopez, Chief of Police. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation proclaiming March 12th -16th as Adult and Community Education Week Pagel of 8 Proclamation was presented to Director John Kerr of the Baldwin Park Adult Community Education. Presentation of check by Royal Coaches to the Baldwin Park Police Department K9 Program Bill Salazar of Royal Coaches presented a check to the Police Department in the amount of $6,000. Administration of Oaths of Office and Certificates of Appointment to newly appointed Planning Commissioners Eric Cabrera and Irma Martinez The Oath of Office and Certificate of Appointment was presented to Planning Commissioner Eric Cabrera. Planning Commissioner Martinez was not present. Presentation by Bank of America Matter postponed to a future meeting date. PUBLIC COMMUNICATIONS Cynthia Cruz, 3677 Summer Lane, Baldwin Park, requested City Council consideration and approval of a crossing guard for Elwin Elementary. Ms. Cruz also complained about the street name, Via Van Cleave. In response to an inquiry by Councilmember Pacheco, Chief Lopez indicated that studies have previously been conducted and this area did not meet the qualifying criteria for a stop sign /light. Councilmember Bejarano noted that the 2 +2 Commission was terminated by the School Board. Ruby Delgadillo spoke in support of Ms. Cruz' request for the placement of a crossing guard at Elwin School. Mayor Lozano requested Chief Lopez to contact the school Superintendent. Councilmember Pacheco requested that a traffic study be conducted near Elwin School and that the school district be contact for a possible resolution. Councilmember Olivas commended the Council on their recent decision to expedite the speed bump program. Tom Ryan, McDermott and Emery Law Firm requested to speak on #15. James Park, Hans Beauty Supply, spoke about the day laborer situation at Home Depot. Mr. Park expressed frustration that the day laborers continue to congregate on the premisses. Councilmember Bejarano requested staff to explain the ordinance as it relates to enforcement. Page 2 of 8 Chief Lopez stated that the section calls for several conditions that have to be met by the property owner. The policy has to be given to the City and that has not been done. Without this policy, enforcement actions cannot be taken. Enforcement actions had been stepped up in the previous 4 -5 weeks; arrests have been made. City Attorney Scher stated that, from a legal aspect, the code was adopted at a time when thematter was before an appellate court. The problem exists because of the legal (state & Federal) restrictions. The City is working on a new Ordinance that would potentially resolve the issue. It was suggested that since there are currently CC & Rs on the property so that the City may have leverage in an effort to gain compliance. The Federal courts have advised that the city's ordinance could not be enforced. Fidel Vargas, 14129 Ohio Street, spoke in reference to the crossing guard request at Elwin School. Mr. Vargas suggested that the site be studied for need. He also spoke about the syncronization of various signals and requested an inspection of these lights. CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 -7 as presented and as follows: Moved by Mayor Pro Tem Garcia, seconded by Mayor Lozano. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD MARCH 7, 2007 TO MARCH 20, 2047 City Council approved the preparation and presentation of the plaques and certificates as outlined in the staff report. 3. CLAIM REJECTIONS City Council rejected the claim of Mary Heiss and directed staff to send the appropriate notice of rejection to claimant. 4. MINUTES City Council approved the minutes of the February 21, 2007 meeting (Special and Regular). 5. PENSION OBLIGATION BONDS - AUTHORIZATION TO JOIN THE CALIFORNIA CITIES COMMUNITIES DEVELOPMENT AUTHORITY City Council approved membership in the California Statewide Communities Development Authority and waived further reading, read by title only and adopted Resolution No. 2007 -019 entitled, "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF BALDWIN PARK APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE Page 3 of 8 CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT BOND ". 6. AWARD OF CONTRACT TO NOBEST, INC. FOR THE 2006 -2007 SAFE ROUTES TO SCHOOL SIDEWALK PROGRAM, CIP 804 City Council 1) awarded a construction contract to Nobest, Inc. in the amount of $74,480 for the construction of Safe Routes to School Sidewalk Program CIP 804; and 2) authorized the Mayor to execute the Agreement; and 3) appropriated $88,338 of SB821 Bicycle and Pedestrian Funds; and 4) authorized the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE STAFF TO ADVERTISE AND SOLICIT BIDS FOR 2006 -2007 CDBG SIDEWALK PROGRAM, CIP 863 City Council approved the plans and specifications for the 2006 -2007 CDBG Sidewalk Project, CIP 863 and authorized staff to advertise and solicit bids for the construction phase of this project. PUBLIC HEARINGS 8. PUBLIC HEARING TO REQUEST APPROVAL OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE MODIFYING STANDARDS FOR ADULT - ORIENTED BUSINESSES; APPLICANT. CITY OF BALDWIN PARK, CASE NO. AZC- 159a Councilmember Olivas made a motion to table this matter and direct staff to bring back a red -line version of the resolution to the next Council meeting. There were no objections. 9. PUBLIC HEARING TO REQUEST APPROVAL OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ELIMINATING TRUCKING TERMINALSISTORAGE YARDS AS A LAND USE THROUGHOUT ALL COMMERCIAL OR INDUSTRIAL ZONES; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC -159b City Planner Harbin presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Mr. Joe Seay inquired if bus fleets are included in the designation of this regulation and if an existing business would be permitted to expand. City Attorney Scher responded, noting that a non - conforming use may be maintained, but may not be expanded. Seeing no further interest, the public hearing was closed. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2007 -018 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO TRUCK TERM INALSISTORAGE YARDS; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC -159B" and waive further reading, read by title only and Page 4 of 8 introduce for first reading Ordinance No. 1300 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.197 AND 153.227 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRUCKING TERM INALSISTORAGE YARDS; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC- 1598 ". Moved by Council Member Olivas, seconded by Mayor Pro Tern Garcia. 10. PUBLIC HEARING TO CONSIDER THE APPROVAL OF AN AMENDMENT TO FISCAL YEAR 2006 -2007 ANNUAL ACTION PLAN Acting Housing Manager Ruelas presented the report. Mayor Lozano declared the public hearing open for public participation. Seeing no interest the public hearing was closed. Motion: A motion was made to 1) approve the amendment to the FY 2006 -2007 Annual Action Plan; and 2) approve the Professional Services Agreement between the City of Baldwin Park and the Housing Rights Center and authorize the Mayor to execute the Agreement. Moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia. REPORTS OF OFFICERS 11. CITY OF BALDWIN PARK COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2006 Management Consultant Bass presented the report. Councilmember Olivas confirmed that this was the standard year -end audit noting that there are not significant issues that require Council action. Upon inquiry from Councilmember Pacheco, Management Consultant Bass stated that there are no issues to be concerned with and overall, there is a positive impact of the reporting. Councilmember Garcia stated that there was misinformation about the City's fiscal situation. Motion: A motion was made to receive and file the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2006. Moved by Council Member Olivas, seconded by Mayor Lozano. 12, CITY PERFORMANCE UPDATE Chief Executive Officer Singhal presented the report. Councilmember Pacheco commended staff for a job well done in assisting the Council in achieving their goals and objectives. Motion: A motion was made to receive and file the report. Moved by Council Member Olivas, seconded by Mayor Lozano. 13. MID -YEAR BUDGET REVIEW Management Consultant Bass presented the report. In response to an inquiry by Councilmember Olivas, Consultant Bass stated that departments, at this Page 5 of 8 time, are under budget. Councilmember Olivas requested a supplemental report on department revenues and expenditures. Staff would forward a current monthly financial report to Councilmember Olivas. Motion: A motion was made to receive and file the report. Moved by Mayor Lozano, seconded by Council Member Olivas. 14. FISCAL YEAR 2007 -2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE FUNDS (Continued from February 21, 2007) Interim Housing Manager Ruelas presented the report. In response to an inquiry from Councilmember Olivas, Interim Manager Ruelas stated that cuts will be identified for each organization. Councilmember Olivas felt that the bilingual support group for battered women was very useful. There were no objections. Motion: A motion was made to use the fifteen percent (15 %) of the projected CDBG program income in the amount of $7,500 (15% of $50,000) as part of the Public Service allocation and approve the proposed FY 2007 -2008 CDBG Public Service activities. Moved by Mayor Pro Tern Garcia, seconded by Mayor Lozano. 15. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A WAIVER FROM SECTION 153.316 OF THE CITY'S MUNICIPAL CODE THAT WOULD PERMIT A GROCERY STORE USE IN AN EXISTING 56,000 S.F. BUILDING: CASE NO.: RDAO -001; LOCATION: 14433 RAMONA BOULEVARD; APPLICANT: CHRIS NUNEZ, REPRESENTING 14433 BALDWIN PARK LLC; APPELLANT: THOMAS A. RYAN, MCDERMOTT, WILL & EMERY REPRESENTING SUPERIOR SUPER WAREHOUSE SUPER CENTER CONCEPTS, INC. AND THEIR AFFILIATE 14433 BALDWIN PARK, LLC ( "APPELLANT") City Planner Harbin presented the report. Tom Ryan, Partner with McDermott, Will & Emery. Mr. Ryan believed that the facts show that the strategy evidenced that a "writ" action exists due to the action taken. They do not want litigation and requested that direction be provided to table thismatter and direct staff to negotiate with the applicant for an amicable resoltuion. Bill Coty, CFO for Superior Warehouse, stated that Superior desired to work amicably with the Council and hoped that the Council will work with them. City Attorney Scher stated for the record that it should be noted that the Ordinance is not only directed at grocuery stores, but addressed multiple uses. It would be an incorrect statement to state that the Ordinance is aimed at grocery stores. Also, in regards to timing, the City Attorney conducted a chronological review of the events, and the proposed redevelopment of the area began in December 2005, when the RFQ was issued. Councilmember Olivas inquired if there was a time period in which the Council must take action - the answer was no, the Council may table the item if so desired. Councilmember Bejarano asked about the notification to potential purchasers of property in the area. City Attorney Scher stated that this is a recorded Page 6 of 8 document and it should have been in the title documents. Councilmember Olivas stated that the only issue is finding the statutory evidence. For the record, the applicant had continually threatened litigation. The constitutional protections of the property owners are important. Councilmember Pacheco stated that he was hopeful that the Council would work with Superior and recommended that they be authorized to work with staff to develop a workable concept. Motion: A motion was made to waive further reading, read by title only and adopt Resolution NO. 2007 -016 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY A WAIVER TO PERMIT THE USE OF A 56,000 SQUARE -FOOT RETAIL BUILDING FOR A GROCERY STORE PURSUANT TO SECTION 153.316 OF THE CITY'S MUNICIPAL CODE: CASE NO.: RDAO -001; LOCATION: 14433 RAMONA BOULEVARD; APPLICANT: 14433 BALDWIN PARK, LLC; APPELLANT: THOMAS A. RYAN, MCDERMOTT, WILL & EMERY REPRESENTING SUPERIOR SUPER WAREHOUSE SUPER CENTER CONCEPTS, INC. AND THEIR AFFILIATE 14433 BALDWIN PARK, LLC ". Moved by Council Member Olivas, seconded by Council Member Bejarano. Vote: Motion carried 4 -1. Ayes: Council Member Bejarano, Council Member Olivas; Mayor Pro Tern Garcia; Mayor Lozano Noes: Council Member Pacheco CITY COUNCIL 1 CITY CLERK f CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion on the following: 1) Letter of thanks to be sent to all of the State Legislators and Supervisor Gloria Molina for their support with the 1101605 funding and encourage continued support; 2) Discussion on the CalTrans proposed "sound wall" along the 110 Freeway and its negative affects on commercial business along the freeway corridor; Request item be brought back in the future as an item to be approved. There were no objections. 3) Consideration of an Ordinance banning trans -fats at restaurants; and Mayor Lozano would like there be be an educational process to be aligned with the regulations and requirements of forthcoming bill. Mayor Pro Tern Garcia referenced an e -mail sent from a legal organization that assisted with the Ordinance adopted in New York. 4) Consideration of a Resolution that would include the statement from the Page 7 of 8 California Transportation Commission meeting regarding the funding and allocations of the funds for the 1101605 Freeways. Resolution would be sent to all of the San Gabriel /East San Gabriel Cities, then presented to MTA Chairwoman Gloria Molina and Board Members at their March meeting Councilmember Pacheco commented on the funding for 101605 and commended the Council for all working well together. Mayor Pro Tern Garcia inquired about notification to business owners onthe recently adopted smoking ban; business people and community were not aware that ordinance is in effect. Letter will be mailed on Monday signed by Chief Lopez and Director Carrillo. Mayor Pro Tern Garcia requested agressive enforcement of the ordinance. Councilmember Olivas requested that resolutions and ordinances be attached to staff report first. He also requested a banner program for local servicemen & women. Staff will inquire with the Chamber of Commerce. Councilmember Olivas requested that City officials have the opportunity to make closing remarks at the State of the City Address. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned in memory of Eileen Phinero and Lela Coleman at 9:15 p.m. Approved as presented by the Council at their meeting held March 21, 2007. Laura M. Nieto Deputy City Clerk Page 8 of 8 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, MARCH 07, 2007 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David 14livas, Ricardo Pacheco Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER PUBLIC COMMUNICATIONS NONE ROLL CALL Present: Council Member Bejarano, Council Member Olivas, Council Member Pacheco, Mayor Pro Tern Garcia, Mayor Lozano. Absent: None.. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Rosemary Gutierrez, Chief Deputy City Clerk. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees *2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 13979 Garvey Avenue 13919 Corak Street 13911 Corak Street 13905 Corak Street 3097 Feather Avenue 3091 Feather Avenue 3081 Feather Avenue 3073 Feather Avenge 3069 Feather Avenue Page I of 2 3067 Feather Avenue 3060 Feather Avenue 13755 Francisquito Avenue 13904 Corak Street 13853 Garvey Avenue 13851 Garvey Avenue 13822 Garvey Avenue 13916 Garvey Avenue Negotiators: Vijay Singhal, Stephanie Scher, and Joe Pannone RECONVENE IN OPEN SESSION The City Council /Community Development Commission reconvened in open session with all members present at 7:00 p.m. REPORT FROM CLOSED SESSION City Attorney Scher reported that direction was provided to the property negotiators. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:01 p.m. Approved as presented by the Council /Commission at their meetings held March 21, 2007. Laura M. Nieto Deputy Clty Clerk Page 2 of 2 INVESTMENT State of California Local Agency Investment Fund City Redevelopment Agency Housing Authority Fiscal Agent Funds • City Fiscal Agent Funds - CDC CITY OF BALDWIN PARK TREASURER'S REPORT FEBRUARY 2007 INTEREST PURCHASE MATURITY RATE'S DATE DATE 8,729,834.45 8,729,834.46 8,729,834.46 8,729,834.46 5.181 Varies Varies 5.181 Varies Varies 5.181 Varies Varies Varies Varies Varies Varies Varies Varies PAR VALUE MAR 2 1 2007 ITEM No. ESTIMATED CURRENT BOOK MARKET 3RiNC €PAL VALUE VALUE 8,762,919.50 8,762,919.50 8,762,919.50 8,762,919.50 8,729,834.45 8,729,834.46 8,729,834.46 8,729,834.46 2,017,249.02 2,017,249.02 2,017,249.02 2,017,249.02 19,610,002.98 19,510,002.98 19,510,002.98 19,510,002.98 4,965,248.92 4,965,248.92 4,965,246.92 4,965,248.92 1,988,583.47 1,988,583.47 1,988,583,47 1,988,583.47 $ 26,463,835.37 $ 26,463,836.37 $ 26,463,835.37 Total Investments $ 26,463,835.37 Cash City General Checking 948,856.16 City Miscellaneous Cash 397,547.81 Redevelopment Agency 80,102.29 Housing Authority 235,152.99 Financing Authority 6,526.85 Total Cash 1,668,186.10 Total Cash and Investments $ 28,132,021.47 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturitylpurchase transaction made for the month of February, and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: E. Apodaca Finance Director 1 CITY OF BALDWIN PARK BALD IN P , A - R • K TO: Honorable Mayor and Councilmembers FROM: Amy L. Harbin, City Planner DATE: March 21, 2007 M J.. ITEM NO. STAFF REPORT SUBJECT: Second reading of Ordinance 1300. Approval of amendments approval of to the City's Municipal Code eliminating trucking terminals /storage yards as a land use throughout all commercial or industrial zones. (Applicant: City of Baldwin Park; Case No.: AZC -159b) PURPOSE This report requests City Council approval of Ordinance 1300 deleting Sections 153.197 (RR) and 153.227 (EE) of the City's Municipal Code relating to trucking terminals /storage yards as a land use. BACKGROUND /DISCUSSION This Ordinance was introduced at the City Council meeting on March 7, 2007 for first reading, and at that meeting Ordinance 1300 was approved by the City Council. The Ordinance amends Section 153.197 (RR) and 153.227 (EE) deleting trucking terminals /storage yards as a land use throughout all commercial and industrial zones. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1300 on second reading, read by title only and waive any further reading thereof. ATTACHMENTS *Attachment 41, Ordinance 1300 CAlAmylAMY1W0R©IReports\Council ReportslAZC -159b 2nd reading.doc ATTACHMENT #1 fiRDINANGE GAAmy1AMY\WORD\Reports\Council Repo rts\AZC- 1 59b 2nd reading.doc ORDINANCE NO. 1300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.197 AND 153.227 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRUCK] NG/TERMINALS /STORAGE YARDS (APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -159b) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Section 153.197(R) of the Baldwin Park Municipal Code is hereby deleted. Section 2. Section 153.227 (EE) of the Baldwin Park Municipal Code is hereby deleted. 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 7th day of March, 2007. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1300 was introduced at a regular meeting of the City Council held on March 7, 2007, and was adopted by the City Council at its regular meeting held on March 21, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Ramirez, CIVIC Chief Deputy City Clerk 1' ,IM;a. MAR 2 1 2007 ra CITY OF BALDWIN PARK STAFF REPORT P - A , R - K TO: Honorable Mayor and City Council Members ; FROM: Hennie Apodaca, Interim Finance Director David A. Bass, Interim Budget Officer:, DATE: March 21, 2007 SUBJECT: MONTHLY FINANCIAL REPORT PURPOSE The purpose of this report is to provide City Council with a monthly financial report for the periods ended January 31, 2007 and February 28, 2007. BACKGROUND The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council. DISCUSSION The Monthly Financial Report provides the City Council and staff with report as to the budgetary status each month. Attached are monthly financial reports for the periods ended January 31, 2007 and February 28, 2007. Both periods are provided with this report due a computer problem that delayed the closing of January. There are two pages for revenues (one for general fund and one for all other funds) and two pages for expenditures, one page by category, and one page by department. The "remaining" columns indicate the amount to be received in the case of revenues or the amount not yet spent for expenditures. If the category or department were spending or receiving revenue in equal amounts each month then the remaining percentage would be 42% for the January report and 33% for the February report. Staff recently presented a mid- year budget review, which provided a detailed analysis of revenue and expenditures, along with an estimate of revenues and expenditures for the end of the fiscal year. A review of the January and February reports show no significant changes when compared to the mid -year budget review. Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and fife the monthly financial report for the periods ended January 31, 2007 and February 28, 2007. ATTACH M ENTSIEXHI BITS Monthly Financial Report CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended January 31, 2007 General Fund Category ny.eaff o Da #e Remann ; Taxes: Property Taxes 2,765,000 1,555,990 1,209,010 44% Sales Tax 6,050,000 2,826,569 3,223,431 53% Utility Users Tax 2,420,000 1,300,888 1,119,112 46% Franchise Fees 1,450,000 804,300 645,700 45% Busines License 600,000 432,523 167,477 28% Other Taxes 430,000 214,374 215,627 50% 13,715,000 7,134,643 6,580,357 48% Charges for Services: Community Develop. 745,000 394,989 350,011 47% Public Works 112,000 49,198 62,802 56% Police 229,500 175,852 53,648 23% Parks 518,500 292,429 226,071 44% 1,605,000 912,468 692,533 Licenses & Permits 679,100 357,405 321,695 47% Fines & Penalties 731,000 3,346 727,654 100% Use of Money & Prop. 73,500 27,555 45,945 63% Intergovernmental 6,108,500 3,169,786 2,938,714 48% Other 85,300 51,647 33,653 39% Internal Services 20,000 15,470 4,530 23% Q , .n "1"oai3,017,4ii4 116728 11,345,082 Excludes transfers CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended January 31, 2007 Other Funds Category Budget Year tv Dade Remaxnng+ Property Taxes 2,800,375 1,669,100 1,131,275 .40% Intergovernmental: CDBG & Horne 4,929,466 1,414,225 3,515,241 71% Streets 4,781,226 2,476,969 2,304,257 48% Parks 713,000 1,331,046 (618,046) -87% Police 160,000 180,105 (20,105) -13% Other 341,500 171,931 169,569 50% 10,925,192 5,574,275 5,350,917 49% Charges for Services: Public Works 25,000 95,063 (70,063) -280% Parks 360,000 44,427 315,573 88% Other 100,000 48,814 51,186 51% 485,000 188,304 296,696 61% Licenses & Permits 35,000 36,014 (1,014) Nines & Penalties 1,234,300 1,128,059 106,241 9% Use of Money & Prop. 159,262 221,753 (62,491) -39% Other 797,177 92,142 705,035 88% Internal Services 5,622,141 2,920,368 2,701,773 48% G „ar dd Tr tai 47 11,8 (i,t 14 1Q,228,433 ! 4,64% Excludes transfers CITY OF BALDWIN PARK EXPENDITURES BY CATEGORY For the Period Ended January 31, 2007 General Fund Category Revised Budge Rear ta! A R�a�m�ng Personnel 16,839,842 8,528,146 8,311,696 49% Maintenance 1,237,477 441,075 796,402 64% Contractual 1,874,327 925,061 949,266 51% Capital 19,129 10,503 8,626 45% Internal Srvcs 2,357,735 1,375,329 982,406 42% Debt Service 0 0 0 0% Mgmt Resources (228,406) 0 (228,406) 100% GraIid Total 22,1i :0,1Q4 - ,210,1 4 1Qy819,9 , '6 ; Other Funds Category Revised Budget' Year to Date It�maxn�g Personnel 5,370,115 2,541,790 2,828,325 53% Maintenance 2,613,992 1,083,692 1,530,300 59% Contractual 5,995,230 4,382,445 1,612,785 27% Capital 9,801,006 379,700 9,421,306 96% Internal Srvcs 1,451,276 846,586 604,690 42% Debt Service 4,891,396 2,398,186 2,493,210 51% Mgmt Resources 0 0 0 0% tcc`4a "2-j -15 ` X1,b32399. t8,90,61G 61% Excludes transfers CITY OF BALDWIN PARK EXPENDITURES BY DEPARTMENT For the Period Ended January 31, 2007 General Fund Department eYised Bud et Year to Date Rema�nrng Adminsitration 691,615 423,786 267,829 39% Community Devel 1,030,152 524,817 505,335 49% Finance 673,848 397,900 275,948 41% Human Resources 338,117 160,299 177,818 53% Police 14,910,782 7,658,685 7,252,097 49% Public Works 705,749 283,953 421,796 60% Recreation 3,098,028 1,420,285 1,677,743 54% Non - Departmental 6519813 410,388 241,425 37% Grand 'Q al Z , OU,1Q,4, 1,2$0,1 S'. 10,$193991 43% Other Funds Department Revised $udget Year to Date Remn�n Adminsitration 1,326,285 709,027 617,258 47% Community Devel 5,057,435 828,234 4,229,201 84% Finance 523,623 253,322 270,301 52% Human Resources 2,370,239 1,979,419 390,820 16% Police 1,000,226 230,708 769,518 77% Public Works 16,047,821 6,011,179 10,036,642 63% Recreation 2,505,342 1,122,523 1,382,819 55% Non - Departmental 1,292,044 497,990 794,054 61% Grad T 1 30,123, 0 11,032,402 18,49 f Excludes transfers CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended February 28, 2007 General Fund Category Budget Year to Date R�ma�tr Taxes: Property Taxes 2,765,000 1,727,107 1,037,893 38% Sales Tax 6,050,000 3,240,569 2,809,431 46% Utility Users Tax 2,420,000 1,440,004 979,996 40% Franchise Fees 1,450,000 804,300 645,700 45% Busines License 600,000 472,441 127,559 21% Other Taxes 430,000 260,464 169,536 39% 13,715,000 7,944,885 5,770,115 42% Charges for Services: Community Develop. 745,000 450,579 294,421 40% Public Works 112,000 54,743 57,257 51% Police 229,500 187,125 42,375 18% Parks 518,500 322;588 195,912 38% 1,605,000 1,015,036 589,964 Licenses & Permits 679,100 397,121 281,979 42% Fines & Penalties 731,000 4,960 726,040 99% Use of Money & Prop. 73,500 27,555 45,945 63% Intergovernmental 6,108,500 3,220,999 2,887,501 47% Other 85,300 51,574 33,726 40% Internal Services 2000 18,050 1 1,950 10% Grand TOO 23,017,4 , 1 ,6$U,180 10,33x, ii 456%, Excludes transfers CITY OF BALDWIN PARK REVENUE BY OBJECT CATEGORY For the Period Ended February 28, 2007 Other Funds Category Bud et g e Yearto Tate. . Raxnng em Property Taxes 2,800,375 1,789,598 1,010,777 36% Intergovernmental: CDBG & Home 4,929,466 I,454,884 3,474,582 70% Streets 4,781,226 2,808,951 1,972,275 41% Parks 713,000 1,331,046 (618,046) -87% Police 160,000 180,105 (20,105) -13% Other 341,500 172,169 169,331 50% 10,925,192 5,947,155 4,978,037 46% Charges for Services: Public Works 25,000 97,222 (72,222) - 289% Parks 360,000 45,413 314,587 87% Other 100,000 51,505 48,495 48% 485,000 194,139 290,861 60% Licenses & Permits 35,000 37,534 (2,534) -7% Fines & Penalties 1,234,300 1,312,201 (77,901) -6% Use of Money & Prop. 159,262 276,025 (116,763) -73% Other 797,177 244,179 552,998 69% Internal Services 5,622,141 3,332,001 2,290,140 41% Grand Tatat 22,QS8,447 1,132,831. 8;925,61; 40% Excludes transfers CITY OF BALDWIN PARK EXPENDITURES BY CATEGORY For the Period Ended February 28, 2007 General Fund Category tev�Budget' Year t© at Remanting Personnel 16,839,842 9,713,419 7,126,423 42% Maintenance 1,237,477 514,000 723,477 58% Contractual 1,874,327 1,046,298 828,029 44% Capital 19,129 10,716 8,413 44% Internal Srvcs 2,357,735 1,571,810 785,925 33% Debt Service 0 0 0 0% Mgmt Resources (228,406) 0 (228,406) 100% rani T W77 30,1�23,fi15 `,8Q8243 17,?14,'772 77 42 %`. Other Funds Category Ye*r 46 :11)0 Remaining Personnel 5,370,115 21880,383 2,489,732 46% Maintenance 2,613,992 1,178,569 1,435,423 55% Contractual 5,995,230 4,846,855 1,148,375 19% Capital 9,801,006 565,368 9,235,638 94% Internal Srvcs 1,451,276 967,524 483,752 33% Debt Service 4,891,396 2,369,544 2,521,852 52% Mgmt Resources 0 0 0 0% Grand Tp #a1 30,1�23,fi15 `,8Q8243 17,?14,'772 5, ?% Excludes transfers CITY OF BALDWIN PARK EXPENDITURES BY DEPARTMENT For the Period Ended February 28, 2007 General Fund Department : Revised Budget Year t Date ` .. Reatnin Adminsitration 691,615 479,063 212,551 31% Community Devel 1,030,152 595,235 434,917 42% Finance 673,848 448,181 225,667 33% Human Resources 338,117 170,614 167,503 50% Police 14,910,782 8,757,285 6,153,497 41% Public Works 705,749 345,215 360,534 51% Recreation 3,098,028 1,606,887 1,491,141 48% Non-Departmental 651,813 453,762 198,051 30% Grand T ©tal 22,it04,1Q4 12,$5,243` 9,2438b12 %: Other Funds Department Revised Budget , Year to Date Remy nwng Adminsitration 1,326,285 790,077 536,208 40% Community Devel 5,057,435 938,542 4,118,892 81% Finance 523,623 289,015 234,608 45% Human Resources 2,370,239 1,965,152 405,088 17% Police 1,000,226 414,067 586,159 59% Public Works 16,047,821 6,676,784 9,371,037 58% Recreation 2,505,342 1,232,320 1,273,023 51% Non - Departmental 1,292,044 502,286 789,758 61% Grand Total 3,t23,S I2,148,242' 17,3i4fi73 57 %, Excludes transfers FP 9"vour,?N . : 9 R TO: FROM: DATE: CITY OF BALDWIN PARK MAR 2 1 2007 j-T-Ru --4 AGENDA STAFF REPORT Honorable Mayor and Members of the City Council j l.y Edwin "William" Galvez, Director of Public Workst." \ March 21, 2007 SUBJECT: Resolution Declaring the Initiation of a Property Owner Ballot Proceeding for a Proposed Assessment Increase of the Landscaping and Lighting Maintenance District FY 2007 -08, and Setting a Date and Time for a Public Hearing PURPOSE The purpose of this report is to obtain authorization from the City Council to initiate a ballot proceeding so that property owners in the City may consider an increase in the assessments of the Landscaping and Lighting Maintenance District. BACKGROUND In July 1980, the "West Ramona" Landscaping and Lighting Maintenance District was formed pursuant to the 1972 Act of the Streets and Highways Code. This District assessed only those residential units located within the West Ramona Redevelopment Project Area. In June of 1981, the City Council approved the conversion of the 1919 Citywide Lighting Assessment District, which was created July 1, 1980 for areas other than "West Ramona" to a Landscaping and Lighting Maintenance District and at the same time authorized the annexation of the West Ramona Landscaping and Lighting Maintenance Assessment District. The annexation enabled the City to simplify reporting and accounting procedures while at the same time maintain different rate structures so that those individuals who did not reside within the West Ramona Project would not be assessed for maintenance of the West Ramona Project. In May of 1991, the City Council approved the addition of traffic signal operations and maintenance costs to the District pursuant to the 1972 Act of the Streets and Highways Code. Resolution — Landscaping and Lighting Maintenance District Page 2 March 21, 2007 On December 6, 2006, staff presented to City Council the financial status of the Landscaping and Lighting Maintenance District. The City Council was informed about the annual deficit and fiscal imbalance that the District is experiencing. The City Council therefore authorized staff to analyze the District and initiate a balloting measure to increase assessments. The purpose of the District is to generate revenues for the financing of costs associated with traffic signals, street lights, and landscape maintenance and operations. Every year, the City Council has authorized the preparation of an Engineer's Report, held a public hearing, and ordered the assessments. DISCUSSION Analysis The Landscaping and Lighting Maintenance District (LLMD) provides the legal mechanism to annually re-establish revenues for costs related to the maintenance and operation of the LLMD. The Resolution recommended by staff declares the intention of moving forward with a ballot measure to increase assessments and preliminarily approves the Engineer's Report. The Resolution also sets the time and place for a protest Public Hearing, which allows a comment by the property owners and is legally required to annually re- establish LLMD revenues or for increased assessments upon a successful balloting measure. Engineer's Report & Assessment Rates Submitted for Council's review and approval is the Engineer's Report for the Citywide Landscaping and Lighting District No. 2007 -1 for FY 2007 -2008 in accordance with the requirements of Article 4, Part 2, Division 15 of the Streets and Highways Code and Article XlIID of the State Constitution. The existing rates are proposed to Increase for FY 2007 -2008. As a result, the average residential property (assuming a 50 -foot street frontage width) will have an increase of $27.78. The following table shows the proposed FY 2007-2008 assessments for each zone. ZONE LANDSCAPE LIGHTING TRAFFIC SIGNALS Residential $0.8995* $0.5596' $13.92 per lot ($0.7513) ($0.2809) ($7.49) Commercial $0.8995' $1.1192' $27.84 per lot ($0.7513) ($0.5543) ($11.87) Parcel Map #1164 (14 $38.58 per lot $38.58 per lot $13.92 per lot lots) ($25.72) ($25.72) ($7.49) Tract #: 39090,39635 . $27.01 per lot $27.01 -per lot _ _ $13.92 per lot 40746, 42828, 41956 ($18.00) ($18.01) ($7.49) Current assessment rates are in parenthesis. *Assessment per foot of adjusted frontage. Resolution — Landscaping and Lighting Maintenance District Page 3 March 21, 2007 Assessment Increase of the District In order to fully fund the cost of operations and to continue providing additional improvements as requested by the community for traffic signal, street lights, and related maintenance, revenue must be increased by $450,000. In addition to the proposed assessment increase, a Consumer Price Index is also included whereby an annual adjustment in assessment rates shall be calculated based on the preceding December through December change of the Urban Consumers for the Los Angeles, Anaheim, and Riverside area CPI, as published by the United States Department of Labor. This annual adjustment will allow the Fund to remain whole and self sustaining. It should be noted that assessment rates will increase by a maximum of the CPI, but only if justified by a City cost increase. If City costs do not increase, assessment rates will not increase. A simple analysis of the benefits that could be enjoyed by a property owner could involve an average increase in the assessment of $30 per year over 10 years. This totals $300, yet the benefits would include nearly $2,000,000 in Citywide improvements alone. Assuming the enhanced property values directly related to these improvements is a modest 1%. Then based on a property value of $500,000, the enhanced value is ;$5,000, which is a 16 fold return on an investment. During the FY 2006 -07 budget process, several programs and cost reductions were implemented, and as a result the final shortfall for FY 2006 -07 is approximately $270,000. However, staff anticipates the cost of energy, utilities, and construction materials to continue increasing. In addition, property owners and residents have also indicated their desire to continue with the installation of new traffic signal and street light improvements, which also have a maintenance and operational cost component. Staff will continue to look at cost containment strategies to reduce deficit levels, but the reality is that there exists a structural imbalance of costs vs. revenues in the Landscaping and Lighting Maintenance District, and therefore the City Council has wisely authorized staff to initiate a balloting measure so that property owners have the option to increase assessments. Proposition 298 Prior to the passage of Proposition 218, the LLMD was fiscally analyzed on an annual basis to determine the costs of providing maintenance and improvements related to traffic signals, street lights, and landscape operations. These costs were then used to determine the necessary revenue levels, resulting in specific assessments for each City parcel for a particular fiscal year. The cost distribution formula remained fixed, which maintained a constant proportional relationship between the rates of differing property frontages, and between residential and commercial properties. As,a,resa,lt of -Popos tion 218, new ar_,�nor asad assos_sments may not be imposed to fund District costs unless the necessary balloting and compliance requirements of the proposition are met. Therefore, revenues have been essentially capped by Proposition 218 effective in 1997. Resolution — Landscaping and Lighting Maintenance District Page 4 March 21, 2007 The first few years after Prop 218 (effective in 1997), during which time revenues have been held fixed, extraordinary deficits did not immediately materialize since these were absorbed by the year -end fund reserve. Now that a number of years have passed, the fund reserve is completely depleted, and more importantly, costs have significantly increased. Without cost containment and prudent fiscal practices, the resulting annual year -end deficit could have exceeded $600,000. LLMD Improvements, Maintenance and Operations The Landscaping and Lighting Maintenance District has an important significance for the City because it provides a safer environment and impacts the appearance of the City. All residents and businesses benefit from these services. Over the years, the city has invested significant financial resources to enhance safety by installing new traffic signals and street lights. The operations and maintenance of traffic signals, street lights, and landscaping includes costs such as- utilities, materials and supplies, equipment, and contractual arrangements. Also included is the cost of capital upgrades which would pay for traffic signal and street light installations. Ultimately all property owners benefit from enhanced property values. LLMD Costs and Revenues Containment strategies have been maximized to hold the costs of the District in check. The total cost of the District for FY 2007 -08 is $1,888,000. This includes $180,000 for capital upgrades. This cost is reduced by a separate property tax contribution of $534,000. Therefore, the remaining cost to be covered by the assessments is $1,354,000. Costs since 1997 have significantly increased, partially as a result of: • Aggregate CPI since FY 97198 to present is 29% • Cost of energy since 1 =Y 97198 is up 109% • Added approx. 20 Traffic Signals (from 44 to 64), increase of 45% • Added approx. 134 Street Lights (from 1,370 to 1,500), increase of 10% Revenues have been held fixed since 1997 and the annual amount generated by the LLMD is approximately $909,000. Balloting Proceedings Staff and the City's consultant, Berryman and Henigar, have prepared the Engineer's Report, which identifies the exact amount of shortfall to be covered from the assessment increase. The report includes an estimate of costs, an analysis of the financial balance between costs and revenues, a forecast on the FY 2007 -08 budget, and the method of apportionment of assessments (formula on how assessments are distributed). The report also includes a provision to increase the assessments based on annual CPI. The ballots are counted by the amount assessed, and a simple majority would _determin.e the:.passing.ar..:failjn,g,:.flf any.....proposed increase The process an- timeline. s summarized as follows: 1. If the City Council authorizes staff to continue with the ballot proceedings, the ballots would be mailed the week of April 16, 2007 to the record property owner Resolution — Landscaping and Lighting Maintenance District March 21, 2007 Page 5 and owner address. The legal requirement is that ballots be mailed out at least 45 days ahead of the Public Hearing, which is when the ballots are due. 2. Staff recommends that the Public Hearing be set for June 6, 2007. Ballots would be received and held in the custody of the City Clerk until released upon direction of the City Council at the start of the Public Hearing. 3. On June 6, 2007, the City Council would hold a Public Hearing and order the ballots opened and counted by the consultant under the supervision of the City Clerk. The Public Hearing would be continued to the next City Council meeting. 4. On June 20, 2007, the Public Hearing would be continued at which time the results of the ballot measure would be revealed to the City Council and the public. The City Council must allow for a protest by the public, if any. If the ballot measure is successful, the City Council would need to consider upholding the results of the ballot and approving a resolution ordering the new assessments. If the ballot measure were to not be successful, the City Council would need to consider a resolution the same assessment as in prior years. 5. In July 2007, staff and consultant would arrange for the Final Assessment Roil to be sent to the Las Angeles County Assessor's Office for inclusion in the property taxes for the 2007 -08 tax year. FISCAL IMPACT If the ballot measure is successful, then the City may look forward to continuing to install traffic signals, other electrical devices for pedestrian safety, street lighting, and other capital upgrades. This would include $180,000 in capital upgrades. The increased assessment would yield $1,354,000, which together with the property tax contribution of $534,000 (Ad- Valorem) totals $1,888,000. The following table summarizes the fiscal impact: If Ballot Measure is successful: Revenue ......... ......... ...... ........................... New Assessment $1,354,000 .......... .... ... Ad- Valorem $534,000 Cost 1 : 1i1 Operations & Maintenance $1,708,_000 .. .. ..... .. Capital Upgrades $180,000 ... ....... ...... . $1,888,000 ... Surplus <Deficit> $0 If the ballot measure is not successful, cost containment strategies that are already in place yields a cost of $1,713,000, and this amount does not include any provision for Resolution — Landscaping and Lighting Maintenance District March 21, 2007 Page 6 covering the cost of capital upgrades for traffic signals and street lights. The property tax contribution of $534,000 (Ad-- Valorem) leaves a cost balance of $1,1 79,000. The current assessment revenue is $909,000, resulting in a deficit of $270,000. The deficit would either require non - safety related services such as landscaping to be cut or reduced, or would require a General fund transfer of $270,000, or a combination thereof. The following table summarizes the fiscal impact: If Ballot Measure is not successful: I Surplus <Deficit> <$270,000> RECOMMENDATION It is recommended that the City Council adopt a Resolution approving the Engineer's Report, declaring it's intention to provide for a balloting measure for property owner consideration of increased assessments, and setting a time and place for a Public Hearing for the FY 2007 -08 Lighting and Landscaping Maintenance District. ATTACHMENTS 1. Resolution Declaring the Initiation of a Property Owner Ballot Proceeding 2. Engineer's Report for FY 2007 -08 ATTACHMENT "1" RESOLUTION NO. 2007 -011 RESOLUTION NO. 2007 -011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, INITIATING FORMATION AND STATING ITS INTENTION TO ESTABLISH AN ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND DIRECTING ACTIONS WITH RESPECT THERETO, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as: CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (Hereinafter referred to as "District "); and WHEREAS, there now has been presented to this City Council, the Report as required by Division 15 of the Streets and Highways Code and Article XIIID of the State Constitution and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1 — Authority. The City Council hereby initiates and declares its intention to undertake proceedings to order the formation of an assessment district pursuant to the Landscape and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code (the "Act ") and Article XIIID of the California Constitution. SECTION 2 — Designation. The assessment district proposed in this resolution is hereby given the distinctive designation of "Citywide Landscaping and Lighting Maintenance District No. 2007 -1" (the "Assessment District "). SECTION 3 - Boundaries. The general location and the proposed boundaries of the Assessment District are as shown on a map entitled "Assessment Diagram, City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1" on file and open to inspection in the office of the City Engineer. This map indicates by a boundary line the extent of the territory included in the Assessment District. SECTION 4 - Improvements. The improvements and the maintenance activities and services proposed to be financed by the Assessment District are described in the Engineer's Report and hereby made a part hereof. SECTION 5 - Engineer's Report. Bureau Veritas, San Diego, California, is hereby designated as the Engineer of Work for the Assessment District. The Engineer of Work has caused to be prepared a report (the "Engineer's Report "), containing the information required by Sections 22565 - 22547 of the Act and has filed the Report with the City Clerk. The Engineer's Report is preliminarily approved and shall stand as the Engineer's Report for all subsequent proceedings for the Assessment District. Reference is hereby made to the Engineer's Report for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 6 - Public Hearing. Pursuant to the Act this Board hereby orders that a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, June 6, 2007, at the hour of 7:00 p.m. for the purposes of this Council's determination whether the public interest, convenience, and necessity require the improvements, whether the properties in the Assessment District are specially benefited by the improvements, the tabulation of special assessment ballots, and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein. The public hearing may be continued from time to time as determined by the Council. SECTION 7 - Mailed Notices. The Director of Public Works is hereby authorized and directed to cause notice of the public hearing herein ordered to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name and return address of the City as the sender. The mailed notice shall be given to property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Los Angeles. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the -- amount of the :proposed :-:assessment -was - calculated - - -Ea.ch_ such m. ailed_ _- notice to owners shall contain a ballot which includes the City's address for receipt of completed ballots, and showing the owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty -five (45) days before the date of the public hearing ordered herein. SECTION 8 -- Information. To get additional information about the assessments or the Assessment District, contact Edwin "William" Galvez, P.E. Director of Public Works, 14403 East Pacific Avenue, Baldwin Park, CA 91706; Telephone (626) 960- 4011, Ext. 451 SECTION 9 — Effective. This resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED this 21st day of March 2007. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) 1, ROSEMARY M.GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2007 -011 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 21, 2007 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY M.GUTIERREZ CHIEF DEPUTY CITY CLERK ATTACHMENT "2" ENGINEER'S REPORT CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 ENGINEER'S REPORT FOR THE BALDWIN Px t R w K CITY OF BALDWIN PARK Prepared by. BUREAU VERITAS March 27, 2007 City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page i CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 ENGINEER'S REPORT TABLE OF CONTENTS Certificates........... ............................... ........................ Report..................... --....................................................... Part A - Description of Improvements ......... --- .... Part B - Estimate of Cost ......... ............................... Part C - Assessment Roll ........ ............................... Part D - Method of Apportionment of Assessment. Part E - Property Owner List and Assessment Roll Part F - Assessment District Diagram .................... ........................ iv ........................ 1 ........................ 3 .......................... 4 I .................... 5 ..................... 6 ..................... 10 .................... 10 y:l$projecMaidwin park\#fy 07- Cgllmdltable &reportlengrepor(0708,doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -9 Page ii ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 FOR THE 2007 -08 FISCAL YEAR PURPOSE The purpose of this report is to set forth findings and the engineering analysis to seek an increase in the current assessment rate for the City of Baldwin Park Landscaping and Lighting Maintenance District for the subject year, in compliance with the provisions of Article XIIID of the State Constitution (Proposition 218) and Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (the 72 Act ") which is Part 2, Division 15 of the California Streets and Highways Code (the "Act "). The Assessment District is necessary to supplement certain revenues generated by the City and finance the cost of providing street and traffic signal lighting, and landscape maintenance to the City of Baldwin Park. BACKGROUND The 72 Act permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the proposed assessment district. In June of 1981, in accordance with this Act, the City Council established the City's existing Landscaping and Lighting Maintenance District. In recent years, there has been a steady decrease in the fund balance of the existing District due to the increase in maintenance costs. The increases in costs are due to increases in landscape areas, and the addition of new traffic signals and new street lights throughout the City. A transfer of $628,000 from the City's General Fund was required for Fiscal Year 2006 -07 to provide the same level of maintenance services as in previous years. Staff investigated the possibility of reducing costs but found that the increases were due to continuing increases in the areas of services. The passage of Proposition 218 on November 5, 1996 added Articles XIIIC and XIIID to the California Constitution. Proposition 218 established new procedural requirements for the formation and administration of assessment districts. In order to comply with the requirements of Proposition 218, public agencies can no longer increase fees to property owners without complying with the following procedures: 1. An Engineer's Report must be prepared which establishes the costs of maintenance of the improvements and develops a methodology for the allocation of that cost to properties which will receive a "special benefit" from the improvements in proportion to the benefit they will receive. 2. Every property owner subject to the proposed assessment must be mailed a ballot allowing the property owner to vote on whether to ratify the new assessment. A public notice describing the total assessment, the individual property owner's assessment, the duration of the assessment, the reason for the assessment and the basis upon which the assessment was calculated must accompany the ballots. 3. Some publicly owned properties (generally those which are developed, as opposed to open space) must now be assessed if they receive a "special benefit ". 4. The City Council must hold a Public Hearing to allow public input regarding the proposed assessment at least 45 days after the mailing of ballots. ......... ...... ........ 5. The new assessment cannot be adopted if a majority of the property owners returning ballots are opposed to its adoption, yA$project\baidwin park*fy 07- 08\ 1Imdltabie &reportlengreport070B.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page iii For Fiscal Year 2007 -08, the City is proposing to establish a new Landscaping and Lighting Maintenance District in compliance with Proposition 218 proceedings to finance the costs of operation and maintenance services and capital improvements for parkway and median landscaping, street lighting and traffic signal systems. Article XIIID of the State Constitution requires that assessments must be based on the estimated special benefit that the properties receive from the improvements. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits, and that publicly owned properties which benefit from the improvements be assessed. The noticing and balloting requirements and other applicable provisions of Article XIIID of the California State Constitution (Proposition 218) will be followed with respect to the establishment of the District. The City Council will hold a Public Hearing to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the ballots for the proposed District will be tabulated. If there is a majority protest against the imposition of the new assessment, the City Council shall not impose the assessment. y:\$project`baidwin parkl#fy 07- 081 llrndltable &reportlengreportO708.doe Bureau Verifas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -9 Page iv CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2447 -1 ENGINEER'S REPORT CERTIFICATES The undersigned, acting on behalf of Bureau Veritas, respectfully submits the enclosed Engineer's Report as directed by the City Council of the City of Baldwin Park pursuant to the provisions of Article MID, Section 4 of the California Constitution, and the Landscaping and Lighting Act of 1972, Sections 22500 et seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. Dated: March 12, 2007 By: . Dennis ngel er R.C.E. No. 0255 HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was filed with me on the day of , 2007. City Clerk City of Baldwin Park Los Angeles County, California J I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Baldwin Park, California, on the day of 2007. City Clerk City of Baldwin Park Los Angeles County, California 2 y \$prnject%baldwin park\ #fy 07- 081ilmd \table&report\engreport0708.doe Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page 9 FISCAL YEAR 2007 -08 CITY OF BALDWIN PARK ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 9972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation, adopted by the Council of the City of Baldwin Park, State of California, in connection with the proceedings for: CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 herein after referred to as the "Assessment District ", I, K. Dennis Klingelhofer, P.E., authorized representative of Bureau Veritas, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A: DESCRIPTION OF IMPROVEMENTS This part describes the improvements in the Assessment District. Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2007 -08, including incidental costs and expenses in connection therewith. This estimate is also on file with the City Engineer. PART C: ASSESSMENT This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part describes the method of apportionment of assessments, based upon parcel classification of the land within the Assessment District, in proportion to the estimated benefits to be received. y: \$ project \baWwiripark \#fy07- 08 \11md \table &reportlengreport0708.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page 2 PART E. PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. PART F: ASSESSMENT DISTRICT DIAGRAM This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. This Diagram has been prepared by the Engineer and is on file with the City Engineer. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. y:1$projectlba1dwin parkWfy 07- 081 I1md1tabie &reportlengreport0708.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page 3 PART A DESCRIPTION OF IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 FISCAL YEAR 2007 -08 The proposed improvements include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights -of -way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and_Appurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights -of -way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signals in public streets and public rights -of -way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the —extent -of -- the - improvements,- are –on --f le- ,in:::th-e--offbce- 0the.. City Engineer and A Incorporated herein by reference. y: 1$ projecribaldwinpark\# fy07- 08Vlmdltable &reportlengreport0708.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -9 Page 4 PART B ESTIMATE OF COST The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2007 -08, as described in fart A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 FISCAL YEAR 2007 -08 Less: Contribution from property tax funds for General Benefit (534,000) Amount to Assessment: 1.354,800 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. y:\$ project tboldwinpark\Afyo7- OSVlmdltable &report \engrepo"7oa.doc Bureau Veritas Total to Citywide Maintenance Assessment Annual Maintenance Street Lighting $648,000 Landscaping $931,000 Traffic Signals $300,000 Citywide Maintenance Subtotal: $1,879,000 Local Maintenance Annual Maintenance Tract # 39090, 39635, 40746, 42828, 41956 $8,700 Parcel #1164 $1,100 Local Maintenance Subtotal: $9,800 Total: $1,888,800 Less: Contribution from property tax funds for General Benefit (534,000) Amount to Assessment: 1.354,800 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. y:\$ project tboldwinpark\Afyo7- OSVlmdltable &report \engrepo"7oa.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page 5 PART C ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Part C - Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District No. 2007 -1, Fiscal Year 2007 -08 ", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right -of -way, and common areas. yA$projectlbaidwin parkWfy 07- 08111mdNtabie &reportlengreport0708.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -9 Page 6 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such loft or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the California Streets and Highways Code]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." ASSESSMENT METHODOLOGY The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria for the assessment spread of lighting and landscaping is as follows: Rectangular lots - street frontage Irregular lots - width of lot at setback line - average of front and rear lot line lengths or - street frontage, whichever is most representative of benefit 3. Flag lots - one -half of total footage to each of the two lots 4. Corner lots - the narrowest frontage yA$projectNbaldwin park'My 07- 081 IlmdNtable &reportlengreport0708.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -9 Page 7 Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. SPECIAL BENEFIT DETERMINATION The City of Baldwin Park has installed street lights on major streets and thoroughfares throughout the City. Proper maintenance and operation of the street lighting system provides a special benefit to all properties within the City by providing security, safety and community character and vitality for property owners. Street lights, traffic signals and median landscaping also provide a general benefit to motorists traveling to, from or through the City. The general benefit portion is estimated at 40% of the budget, and will be funded by property tax funds allocated to the District. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "...there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City..." This finding has been validated by repeated studies throughout the years and remains true today. It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. Proper maintenance and operation of the street landscaping provides beautification and enhancement of the desirability of surroundings. The City enjoys a reputation for beauty, and the landscape improvements in the medians and parkways enhance that reputation and provide a special benefit to all parcels in the City. These thoroughfares are the entryways into the City and as such provide beautification to the entire City. There are two types of special benefit realized by the parcels of land located within the City of Baldwin Park Landscaping and Lighting Maintenance District. These special benefits are Citywide Benefits and Local Benefits as described below. CITYWIDE BENEFITS Improvements that provide a special benefit to all parcels of land located within the boundaries of the District are considered to be Citywide benefits, and the costs associated with these improvements are assessed to all assessable parcels located within the boundaries of the District. Citywide benefits consist of the construction, operation, maintenance and servicing of street -_ n.ilghting; raa.dway- lan:dscaping and traffic signals-that-are-lo, . ted In _and _along p blc_str e.,,ts..and rights-of-way, and any other streets or facilities that provide a Citywide benefit as determined by the City Engineer. These Citywide improvements provide a direct and special benefit to all parcels of land located y: \$project \bafdwin park \#fy 07- 08111md \table &report \engreporto7o8.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No, 2007 -1 Page 8 within the District boundaries. The landscaped medians ensure safer traffic movements by directing vehicles to specified locations for left and U- turns, and restrict left turn movements out of unsecured driveway locations. Caltrans studies indicate that divided roadways (roads with center medians) reduce accident rates by as much as 35 percent over undivided roadways. The center median landscaping improvements further reinforce traffic safety, increase carry capacity, and enhance the efficiency of the circulation system to all parcels throughout the City. Therefore, all parcels are assessed for these improvements. The City recognizes that street lights, traffic signals and landscaping also provide a general benefit to motorists traveling to, from or through the City. The general benefit portion will be funded by property tax funds allocated to the District. LOCAL BENEFITS Improvements that provide a special benefit to an isolated group of parcels located within the District are considered to be a local benefit, and the costs associated with these improvements are assessed to all assessable parcels receiving the local benefit. Local benefits include the construction, operation, servicing and maintenance of landscaping and street lighting improvements that only benefit the parcels located within the local areas. West Ramona Residential Redevelopment Project (Tract #39090, 39635, 40746, 42828 & 41956 — This zone consists of property which was originally part of the "West Ramona" Landscaping and Lighting Maintenance District which was formed in 1980. The residential units located within this zone are assessed for the landscaping and street lighting improvements associated with the project. Parcel Map #1164 — This zone consists of property within Parcel Map #1164. The 14 commercial lots located within this zone are assessed for the landscaping and street lighting improvements associated with the project. SPECIAL BENEFIT ZONES The District is divided into four special benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that receive a special benefit from street lighting and traffic signal operation and maintenance. Zone 3 includes all commercial, industrial and residential parcels in the District that receive a special benefit from landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and Parcel Map #1164, and is assessed for landscaping, lighting and traffic signal maintenance which provide a special benefit to the parcels of land in Zone 4. The proposed assessment amount for Fiscal Year 2007 -08 is derived by apportioning the special benefit portion of the total cost shown in Section IV among the assessable parcels in proportion to the estimated benefits. y:%$projectlbaldwin parkl#fy 07- 0$ lllmdltabie &reportlengreportO708.doc Bureau Verifas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -9 Page 9 DESCRIPTION Front Frontage/ Parcel Count Proposed Assessment Assessment Revenues Zone 1 & 2 (Street Lighting) Commercial /Industrial 91,635 L.F. $1.1192 / L.F. $102,560 Residential 647,667 L.F. $0.5596 / L.F. $362,440 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 739,303 L.F. $0.8995 / L.F. $665,000 Zone 4 (Lights /Landscaping) Tract # 39090, 39635, 40746,42828& 41956 160 Lots $54.02 /Lot $8,643 Parcel #1164 14 Lots $77.16 /Lot $1,080 Zone 2 (Traffic Signals) Commercial /industrial 983 Parcels $27.84 / Parcel $27,367 Zone 'I & 4 (Traffic Signals) All Parcels 13,485 Parcels $13.92/ Parcel $187,711 Grand Total $1,354,$©1 The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2007 -08 tax roll. ANNUAL ASSESSMENT RATE INCREASES The rates shown above for each Benefit Zone shall be increased annually by the Consumer Price Index for all Urban Consumers (CPI) for the Los Angeles, Anaheim, Riverside Area as published by the United States Department of Labor. The annual adjustment shall be calculated based on the increase in the CPI from December through December of the preceding year. y:%$projectlbaldwin parkWfy 07- 08NIlmd1table &repertlengrepor10708.doc Bureau Veritas City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007 -1 Page 10 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. PART F ASSESSMENT DISTRICT DIAGRAM The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. y: \$project%baldwln park\#ty 07- 05MIrnd \table &report\engreporto7oa.doc Bureau Veritas !u i' i _i F n � s� e R t_ � 1 witr14 ASSESSMENT DIAGRAM CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES STATE OF CALIFORNIA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF BALDW IN PARK, STATE OF CALIFORNIA ON THE DAY OF , 200_ CITY CLERK, CITY OF BALDW IN PARK RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS THIS DAY OF 200__, SUPERINTENDENT OF STREETS CITY OF BALDWIN PARK AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THE C€TY OF BALDWIN PARK ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS DIAGRAM. THE ASSESSMENT WAS LEVIED ON THE _ DAY OF , 200. THE ASSESSMENT DIAGRAM AND ASSESSMENT ROIL WERE RECORDED IN THE OFFICE OF THE N THE OFFICE OF THE SUPERINTCNDENT OF STREETS _ . FOR ..._.. ACT A T O —_ FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK, C" OF 13ALDWIN PARK re BAL.DWIN CITY OF BALDWIN PARK P - A - R - K MAR 2 1 2007 .. AGENDA STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: March 21, 2007 SUBJECT: APPROPRIATE ADDITIONAL FUNDS FOR THE JULIA MCNEIL SENIOR CENTER PROJECT, CIP 604 r w r • This report requests that the City Council consider authorizing an additional appropriation of $100,000 to complete the. Julia McNeil Senior Center Expansion Project utilizing Community Development Block Grant (CDBG) funds. BACKGROUND The Engineering Division and Recreation & Community Services Department request $100,000 for required and additional improvements to the Julia McNeil Senior Center Renovation and Improvement Project. This amount will cover additional work not included in the current construction contract. The additional required work and other improvements consist of. Required Work ($50,000) 1. Roof repairs to the existing building and the interface with the new improvements 2. Modifications to the Fire Alarm System 3. Additional grading, landscaping, and irrigation at the south boundary of the building addition 4. Upgrade of building electrical panel Other Improvements ($50, 000) 1. Repair six electrical circuit outlets in existing assembly room -, . - -2 - Removes - telephone and modify existing wall 3. Repair and replace roof tile at interface with existing building 4. Sandblast and finish coat for existing stucco at interface with existing building 5. Remove and replace three single hinged doors and one double hinged door 6. Modify floor tile layout to a diagonal diamond floor layout Appropriate Additional Funds - Senior Center Project Page 2 March 21, 2007 The above "Required Work" must be completed in order to obtain a certificate of occupancy and to have a habitable space. The construction contractor has already been given authorization to proceed with the above "Required Work ". However, the City Council does have the option to reduce the scope of the project by foregoing the patio and landscaping elements at the south end of the building expansion. These elements are scheduled to be constructed last. The above "Other Improvements" will improve the aesthetics of the existing building's interior and exterior as it interfaces with the new construction. The final product will give the building an appearance that does not look like an add -on. DISCUSSION At the award of the construction contract, the available budget resulted in a contingency of 8.125 %. At the time of the construction contract award, it was not reasonable to request additional funds just so that the project would start with a greater construction contingency. Greater confidence in the final construction cost would not be known until construction was well underway. The requested appropriation of $100,000 will bring the construction cost extras to 14.30°/x. The typical level of construction contingency for this type of project is generally 10% to 15 %. A summary of the estimated expenditures and the actual/projected project cost breakdown is shown in Exhibit "A." Staff has provided three options, with the staff recommending Option 1. The options are described below: Option 1 Appropriate Additional CDBG funds in the amount of $100,000. The City will receive items in "Option 2" and "Other Improvements" (i.e. Modified floor tile layout, remove and replace broken roof tiles, door changes, etc.) Option _ 2 Appropriate Additional CDBG funds in the amount of $50,000. The city will receive the expanded building with required work and the originally planned patio amenities and with no compromises to the original architectural design concept. The improvements include all of the design elements resulting from the community input. Option 3 Direct staff to bring the project to completion within the originally established budget. This would require a project scope adjustment by. reducing pafio Improvements and eliminating the south- entrance ansing word _ 5U roof repairs to the existing building, and fire Alarm System modifications. would indu e necessary electrical panel upgrade, C:1Documents and SettingslInicto .BALDWINPARK\Loca1 Settings\TeMPorary Internet Fi1es\0LK2B1114 AddFunds SeniorCtr Rev4.doc Appropriate Additional Funds - Senior Center Project Page 3 March 21, 2007 FISCAL IMPACT The additional funds required under Option 1 or Option 2 would be provided from CDBG funds. The project is eligible for this grant and the requested additional funds are well within the threshold for administrative approval, and do not require a public hearing. Moreover, the additional funds are within the City's allocation and will be covered by grant funds that would otherwise be returned to the CDBG Fund in FY 2006 -2007. The project budget status under Option 3 would bring the project construction to completion within the originally budgeted funds. All three options will result in no impact on the General Fund. Project Summary of Available Funds and Expenditures to Date: Available Funds FY 05106 CDBG Funds {.carried over into current FY ..____.. ) ..................... ........ ......... .. $900,000 Community Center Bonds ..($1.,500,000 - $900,000)......... $600,000. FY 05106 Unassigned Community Bonds __._ ... . ......... $280,000 ..... __.. FY 05106 CDBG Bus. Improv. Prog. (carried over into current FY) 65,000 $1,845,000 Exhibit "A" shows the estimated expenditures of the project and the actual or projected final costs. RECOMMENDATION Staff recommends City Council authorize staff to proceed with Option 1 to complete the Julia McNeil Senior Center Project, CIP 604, as designed and authorize the appropriation of CDBG Funds in the amount of $100,000 to account number 120.53.5020.604. 11 Cobpbgfilel cityclerklReports \StaffReports12007103 -21 -07 Appropriation of funds for Sr. Center.doc Appropriate Additional Funds - Senior Center Project March 21, 2047 David Lopez Associate Engineer EXHIBITS A. Julia McNeil Senior Center Budget Summary B. Request for Supplementary CDBG Funds G:1120 City Counci112 0 0 711 14 AddFunds SeniorCtr ReO.doc Page 4 EXHIBIT "A" BUDGET SUMMARY t x W m E VJ m 1.. U ci} N Z 75 1 U 1 l\i E y w CL i m E c/7 N C m v a) U 0 CD C O O O P v O _ O 0 M d r G Q 0 N ( N +, L C3 4� c 7 g q CQ C O 4 3 C m N a) i6 N (� M G7 N _ b t� c 7 U7 C/5 p r csy r N LO 69 V) 69- 6g ff3 CJ) C� a N ZI Q O q> u) a) r O a5 -0 10 O c0 {6 C fl � U N C Co vl a U O U p E. Q ca G) T C Ei .Y O D o a) U P U -4 C) a o 0 o a 0 -' O n �P cn CCOJ °= P 3 � '� L]. � C 'C7 U �o ti N O U m ay T N 64 N er to LC} (f3 6p* 00 L .M�. O -0 �r aj C_C6 Ef} 6FF - ? C to O C C N m C � co OU a) o m 0 "C w. LI- R (i t� E ca "^' U O 0 O O v �--' 0= a) U CC6 6 C C O O C N m 'd �,.. U) O O E s...dt.. C7 m V O M ai rA Q) m "E �s a> .� a3 0 o W m o_ m En v a C 0 o CD m C) v v pia n w co a CL v (13 N vs v ` E- i. c N m` (F7 p aa) a3 Q C M �y C (v + V N -O (n cn U .. U1 Q3 P ZT -D N 'w.. - N Q '� a3 +' � 9 to Sc a o o `� O a .L o. iU CD H ZI �' o Q4 LL Ld U U U U i o Fes- v h° Q=3 Q °- v 4(S * * r N M N C C G r p O O 00 ++ + ++ ^o i A 0 0 CL 0 w U O {U .�, (jj 07 U y 0 E d C 0 o U) > c CL o- N U oU-0 o� U) U � »; .c C > CL O '�-- U cj O N Q N N cU 0 C) O Q a C3 p U Q Q Q U O q i m E c/7 N C m v a) U 0 CD EXHIBIT "B" CDBG REQUEST FOR FUNDS City of Baldwin Park Housing Department FY 20062007 Community Development Block Grant Funds Request for Funds Contact Person: Edwin "William" Galvez Phone Number /Ext. 451 (Previous Year Allocation): 0.00 CDBG Amount Requested: $ 50,000 Other Funds: $ Total: $ 50,000 (Please attach a copy of your proposed budget) Type of Request: (Please check one) Public Service Capital Improvement X Admin /Planning Other (Please describe) Project Description: The Julia McNeil Senior Center at Morgan Park has only 8.125% in contingencies, however it was not until the project reached this point of construction that it was realized that additional funds would be needed. The contingency amount is now Projected Number of Beneficiaries Served: Individuals or X Households For Capital improvement Projects, please provide projected number of projects completed (i.e. streets to be improved, number of buildings to receive ADA improvements, etc.). Please describe: Estimated Project Completion Date: May 2007 (Please attach additional sheet to provide additional Information if needed) For CDBG Department Use Only. Recommendation: Approved El Deny= $ National Objective /Eligible Criteria Comments: Reviewed By: Approved., ........ ......... ......... ........ . City of Baldwin Park Housing Department FY 2006 -2007 Community Development Block Grant Funds Request for Funds Contact Person: Edwin "William" Galvez Phone Number/Ext. 451 (Previous Year Allocation): 0.00 CDBG Amount Requested: $ 100,000 Other Funds: $ Total: $ 100,000 (Please attach a copy of your proposed budget) Type of Request: (Please check one) Public Service Capital Improvement X Admin /Planning Other (Please describe) Project Description: The Julia McNeil Senior Center at Morgan Park has only 8.125% in contingencies, however it was not until the project reached this point of construction that it was realized that additional funds would be needed. The contingency amount is now 14.30 %. Projected Number of Beneficiaries Served: Individuals or X Households For Capital Improvement Projects, please provide projected number of projects completed (i.e. streets to be improved, number of buildings to receive ADA improvements, etc.). Please describe: Estimated Project Completion Date: May 2007 (Please attach additional sheet to provide additional Information if needed) For CDBG Department Use Only: Recommendation: Approved F-1 Deny= $ National Objective / Eligible Comments: Reviewed By: Approved: ......... ........ . 1 tt � BALD IN P - A ° R • K CITY OF BALDWIN PARK TO: Honorable Mayor and Councilmemb FROM: Amy L. Harbin, City Plann� er er ` " DATE: March 21, 2007 STAFF REPORT SUBJECT: CONTINUED FROM MARCH 7, 200.7,_ A request for approval of an amendment to the City's Municipal Code modifying standards for adult - oriented businesses. (Applicant: City of Baldwin Park; Case No.: AZC -159x) PURPOSE This report, which is continued from March 7, 2007, requests City Council consideration of amendments to the City's Municipal Code which includes modifications to Chapters 124 and 153 relating to adult- oriented businesses. CEQA /NOTICING REQUIREMENTS In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed project will not have a significant impact on the environment and a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division. A Notice of Public Hearing was published in the San Gabriel Valley Tribune on February 7, 2007. BACKGROUND In April 2005, the City Council adopted an urgency ordinance (Ord. 1257) which established a 45 -day moratorium on the establishment of adult- oriented businesses and trucking terminals /storage yards within the City of Baldwin Park. Subsequently, the moratorium was extended and expires on April 19, 2007. The moratorium was established because the City's current ordinances regulating adult - oriented businesses, last revised in March 1996 may be in conflict with subsequent laws adopted or court decisions issued since then and that the locations .. _ Where such uses are "`permitted must be studied .given the changes in the General Plan Land Use Map adopted in November 2002. AZC -159a March 7, 2007 Pane 2 DISCUSSION In 1996, the City Council adopted Ordinance 1117 which amended the City's Municipal Code to add location criteria and comprehensive licensing requirements for adult - oriented businesses. Since adult - oriented businesses are considered a form of speech and are protected by the First Amendment, they are a permitted land use; however, cities are allowed to protect their communities from the secondary effects associated with this type of land use such as depreciated property values, noise, vandalism, and solicitation. Currently, the City permits adult - oriented businesses within the 1, Industrial and I -C, Industrial Commercial zones located in the southwest corner (Cloverleaf Industrial Park) and northwest corner of the City. Both of these areas are separated from sensitive land uses (schools, churches, residential uses) either by a freeway or a public utility right -of -way. Staff reviewed the existing areas where adult- oriented uses are allowed under the current zoning in light of revisions to the Land use Map and any changes in the location of sensitive users (i.e. residential uses, religious institutions, and schools, etc...) since 1996 and determined those areas are still both appropriate and provide adequate possible locations for the implementation of such uses. Therefore, Staff is not proposing to modify the locations where these types of uses may be located. However, since the City adopted Ordinance 1117 in 1996, there have been several legal decisions that have impacted our current ordinance. Although the modifications are not significant they include: 1) Include 'DVD' as a type of media; and 2) Eliminate the term `Church' and replace with `Religious Institution'; and 3) Addition of definition of `Performer'; and 4) Clarification of acceptable application material for an adult- oriented business performer; and 5) Elimination of the yearly renewal requirement for performers; and 6) Additional requirements pertaining to `Live Entertainment'; and 7) Clarification on the payment of gratuities; and 8) Clarification of the hearing procedures by requiring a hearing officer. In addition to the minor language modifications, these proposed amendments will bring the City's ordinance into consistency with legal decisions in the past ten (10) years. Pursuant to Councilmember Olivas' request, the City Attorney has prepared a red -lined version of Ordinance 1300, which is Attachment #3 to this staff report. AZC -159a March 7, 2007 Page 3 PLANNING COMMISSION ACTION At the Planning Commission meeting held on February 28, 2007, the Commission conducted a public hearing on the item, received public comments, and voted (4 -0) to recommend that the City Council adopt the negative Declaration of Environmental Impact and amend the City's Municipal Code relating to adult - oriented businesses. RECOMMENDATION Staff and the Planning Commission recommend that the City Council following the public hearing: (1) Waive further reading, read by title only and adopt Resolution 2007 -017 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO ADULT- ORIENTED BUSINESSES (APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 159A)." (2) Waive further reading, read by title only and introduce for first reading Ordinance 1301 entitled an "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SECTIONS 153.440, 153.441, 124.010, 124.020, 124.040, 124.060, 124.080, 124.0901 124.100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT - ORIENTED BUSINESSES (APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC- 159A)." ATTACHMENTS *Attachment #1, Resolution 2007 -017 *Attachment #2, Draft Ordinance 1301 *Attachment #3, Red -Lined Version of Ordinance 1301 *Attachment 44, Current Zoning Code Sections *Attachment #5, Initial Study /Environmental Data ATTACHMENT #1 RESOLUTION 2007 -017 RESOLUTION NO. 2007 -017 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 ADULT - ORIENTED BUSINESSES (APPLICANT: CITY OF BALDWIN PARK; CASE NO: AZC -159A) WHEREAS, the City Council of the City of Baldwin Park expressed concern regarding the City's Codes relating to Adult- oriented Businesses; and WHEREAS, the existing City Codes relating to Group Homes may be in conflict With the provisions of subsequent laws or court decisions since April 1998; and WHEREAS, the City Council directed staff to review and propose changes to the existing standards for Adult - Oriented Businesses; and WHEREAS, the proposed regulations have been proposed to effectuate desired changes to the standards by amendment to the Municipal Code, Chapters 153 and 124, being Case Number AZC -159a (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 CEOA 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 February 28, 2007, 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. Resolution 2007 -017 Page 2 D, A properly noticed public hearing was held by the City Council of the City of Baldwin Park on March 7, 2007, at which time evidence was heard on the initial Study and Negative Decfaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2, The City hereby rebuts the presumption of adverse effect as presumed in the California Department of Fish and Game Code Section 711.4 and determines that the Project constitutes a de minirnis exemption since based on the Initial Study prepared for this Project, there is no evidence before this agency that the Project will have a potential for adverse effect on wildlife resources as the Project limits or prohibits particular uses and does not approve any physical change in the environment. SECTION 0. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined that the proposed Project will not have a significant impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 7th day of March, 2007. MANUELLOZANO MAYOR ResoUion 2007 -017 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ROSEMARY GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2007-017 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 7'h day of March, 2007 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ROSEMARY GUTIERREZ, CIVIC CHIEF DEPUTY CITY CLERK ATTACHMENT #2 ........ .... ........ ..... DRAFT ORDINANCE 13 ORDINANCE NO. 1.301. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SECTIONS 150.440, 153.441, 124.010, 124.020, 124.040, 124.060, 124.080, 124.090, 124.100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT - ORIENTED BUSINESSES WHEREAS, the City Council of the City of Baldwin Park ( "City Council ") wishes to promote the City of Baldwin Park's great interest in protecting and preserving the quality of the residential, commercial and industrial areas of the City, and the quality of life through effective land use planning; and WHEREAS, in August of 1996, the City Council adopted Ordinance No. 1117 establishing regulations for Adult - Oriented Businesses; and WHEREAS, when the City Council adopted Ordinance No. 1117, it took legislative notice of the existence and content of the numerous studies concerning the adverse secondary effects of adult businesses in other cities, and since 1996, numerous additional studies have reconfirmed those effects. The City Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to refine the adopted regulations so as to better address the adverse secondary effects of adult businesses and more specifically finds that these studies provide convincing evidence that: 1. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish by convincing evidence that adult businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 2, Regulations for adult businesses should be developed to prevent deterioration and /or degradation of the vitality of the community before the problem exists, rather that waiting for probiems to be created. WHEREAS, in 1996, the City Council took judicial notice of factual findings and legal conclusions in numerous judicial decisions and since that time, there have been further number numerous judicial decisions on the regulation of adult businesses which ...... ......... ......... ......... ......... ........ .... the City Council hereby takes notice of, including but are not limited to City of Los Angeles v. Alameda Books, 122 S,Ct. 1.723 (20.02); City of Erie v. Pap's A.M. ("Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L,Ed.2d 265 (2000); Gammoh v. City of La Habra #9' Cir. 2005) 395 F.3d 1114; World Wide Video of Washington, Inc. v. City of Spokane, 2004 WL 1171686 (9" Cir.(May 2004)); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cent. denied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cent, denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los Angeles, 222 E3d 719 (9th Cir. 2000), cent. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam 1'), 154 F.3d 1097 (9th Cir. 1998); Baby Tarn & Co., Inc. v. City of Las Vegas ( "Baby Tam IF), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam Ill "), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); Tily B., Inc. v. City of Newport Beach, 69 Cal.App.4th 1 (1998); Department of Alcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California ( "Vicary „) 99 Cal.AppAth 880 (2002); all of which decisions are public records.; and WHEREAS, the City Council believes the following statements are true, in part based upon its understanding of the experiences of cities such as Seattle, Washington; Austin, Texas; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; Newport Beach California, Anaheim California, and Phoenix, Arizona; and in part on medical evidence of the effects of illegal drugs such as methamphetamine and cocaine on human behavior; A. Adult Oriented Businesses (as that term is defined in Baldwin Park Municipal Code Section 153.440) should not be located in areas of the City which are in the vicinity of churches or other religious institutions, public parks, the public library and its branches, and children's schools, due to the fact that such Adult - Oriented Businesses create secondary effects which are wholly incompatible with those sensitive uses; B. Concentration of Adult- Oriented Businesses on the main commercial thoroughfares of the City would cause a loss of sensitivity to the adverse effect of pornography upon children, established family relations, respect for marital relationship and for the sanctity of marriage relations of others, and the concept of non - aggressive consensual sexual relations; as well as increase vacancy rates in those commercial districts, thereby reducing the City's tax base; C. Ordinance No. 1117, which permitted Adult - Oriented Businesses in the manner and areas provided therein, was appropriate because such areas include ample accessible real estate that is easily accessible by freeways, highways and roads and the changes made by this ordinance do not affect __ that_concl_usion__since_ the change in the manner of measuring distance from . ........ ........ ..... .. sensitive uses will put the Municipal Code in alignment with the actual method used since. 1.996 to measure such distances and with the actual method used in 1996 to determine the availability of accessible real estate for such uses; D. In the more than ten (10) years that the City has regulated the areas in which Adult- Oriented Businesses are allowed, there has been not one complaint that insufficient areas are provided for such Businesses, and the provisions of this ordinance will not change the amount of land available for such Businesses; E. A reasonable regulation of the location and manner of operation of Adult - Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Adult- Oriented Businesses, while providing those who desire to patronize Adult- Oriented Businesses an opportunity to do so in appropriate areas within the City; WHEREAS, the aforementioned studies and cases show that sex- related offenses are included within the category of secondary effects caused by under - regulated Adult - Oriented Businesses; and WHEREAS, the City Council believes that persons who have been convicted of or pled guilty or polo contendre to sex - related offenses have shown a propensity to commit such offenses and should not be permitted to operate Adult- Oriented Businesses for five years after such conviction and/or while such persons are on parole or probation for such conviction or plea. This is because the sexually oriented nature of the business creates an increased opportunity for the commission of sex - related offenses by persons who have exhibited a propensity for the commission of such offenses; and WHEREAS, the City Council believes as true the medical documents and judicial decisions in the public record referred to in the adoption of Ordinance No. 1117 and in this ordinance which demonstrate that various operational practices of Adult- Oriented Businesses increase criminal activity, which includes but is not limited to sexually related criminal activity, and. increase the likelihood of the transmission of diseases including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ( "AIDS ") and hepatitis -B; and WHEREAS, the City Council believes the following statements are true based upon its understanding of the discussed above: A. Evidence indicates that dancers, models, entertainers, and other persons who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in Adult Oriented Businesses (as those terms are defined in Section Baldwin Park Municipal Code Section 1 58.440) (collectively referred to as "Performers') have been found to engage in sexual activities with patrons of Adult - Oriented Businesses on the site of the Adult - Oriented Business; B. Evidence has demonstrated that Performers employed by Adult- Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows; C, Evidence indicates that Performers at Adult- Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment; D. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interior cannot be seen from public areas of the establishment ( "Individual Viewing Areas ") regularly have been found to be used as a location for engaging in unlawful sexual activity; E. Individual Viewing Areas have been found to contain "glory holes" in the walls joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity between the occupants of the abutting Individual Viewing Areas; P. Individual Viewing Areas have been found to be unsanitary due to the existence of semen, saliva, and blood on the walls and floors of the Individual Viewing Areas; G. Medical science has found that the AIDS and hepatitis -B viruses are carried in the semen of infected males and have a potential life span of 2 to 3 hours outside the human body; H. The existence of semen on the walls and floors of the Individual Viewing Areas, as well as other areas of Adult - Oriented Businesses, can facilitate the transmission of the AIDS and hepatitis-13 viruses; 1. The practice of individuals having anonymous and/or unprotected sexual relations in Individual Viewing Areas can facilitate the transmission of the AIDS and hepatitis -B viruses as well as other sexually transmitted diseases; J. Poorly lit or unlit areas of Adult - Oriented Businesses provide a location for people to engage in illegal sexual and narcotics activities;. K. Police agencies have determined that some Adult - Oriented Businesses and the operators thereof have been found to be directly engaged in (as well as aid and abet) criminal and illegal sexual activity. Such individuals also have been known to use aliases; L. The City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The City Council ....... ......... ........ ....... ........................................ ............................... takes legislative notice that according to statistics provided by the Los Angeles County Health Department, in 1998 1,624 cases of AIDS were diagnosed in Los Angeles County and 184 AIDS - related deaths were reported; while 464 cases of AIDS were diagnosed in Los Angeles County between January 1, 1999 and June 30, 1999, and 42 AIDS - related deaths were reported for that same period. Further, the City Council takes legislative notice of the County of Orange Communicable Disease Summary 1998, County of Orange Health Care Agency, issued January 2000 ( "Communicable Disease Summary'). The Communicable Disease Summary states that 5,149 cases of AIDS were reported in Orange County between 1982 and 1998. In 1998, 30S cases of AIDS were reported in Orange County, an 8% increase over the 283 reported cases in 1997. As of December 1998, an estimated 2,345 residents of Orange County were living with AIDS, over double the number six years prior. As of December 2000, an estimated 5,700 Orange County residents were living with HIV or AIDS. The City also takes legislative notice of the AIDS Surveillance Report dated July 31, 2001, by the County of San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology ( "AIDS Surveillance Report ") and the report entitled San Diego County HIV /AIDS Status dated June 2000, also by the County of San Diego Health and Human Services Agency ( "AIDS Status Report "). According to the AIDS Surveillance Report, 10,876 AIDS cases were reported throughout the County since 1981 through July 2001, 150 of which were reported in 2001 and 420 of which were reported in 2000. M: The City is also concerned with preventing the spread of other sexually transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C. The Communicable Disease Summary further indicates that between 1994 and 1998, 211 cases of syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases of chlamydia were reported in the County. The City also takes legislative notice of the STD Fact Sheet of 2000 by the County of San Diego Health and Human Services Agency ("STD Fact Sheet ") and the Sexually Transmitted Diseases Annual Summary, San Diego County, 1993 -1994, by the Sexually Transmitted Disease Control Program, dated December 1995 ("STD Annual Summary"). According to the STD Fact Sheet and STD Annual Summary, 1109 cases of syphilis were reported throughout the County between 1990 and 2000, 27 of which were reported in 2000. With respect to gonorrhea, 27,890 cases of gonorrhea were reported between 1990 and 2000, 1797 of which were reported in 2000. The number of cases of chlamydia reported within the County dramatically exceeds the number of reported cases of syphilis and gonorrhea: 74,079 cases were reported between 1990 and 2000, 8637 of which were reported in 2000. It should also be noted that according to the AIDS Status Report, numerous studies have shown that sexually transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the transmission of HIV. WHEREAS, the City Council has a reasonable basis to believe that the experiences of Los Angeles County, Orange County and San Diego County as to these sexually transmitted or blood borne diseases are relevant to the experiences of Baldwin Park. WHEREAS, while the City Council desires to protect the rights of those who provide adult-oriented entertainment, it desires to do so in a manner which decreases; to the greatest extent feasible, the undesirable secondary effects associated with such entertainment; and WHEREAS, based upon the evidence contained in the documents, judicial opinions, and other public records comprising the record for Ordinance No. 1117 and this ordinance, the City Council finds as follows: A_ The City has an interest in ensuring that individuals who operate Adult - Oriented Businesses have not been convicted nor pled guilty or polo contendre of certain criminal offenses, particularly sexually related offenses. The restrictions arising from such pleas contained in this ordinance further that interest; B. The requirement that Adult- Oriented Businesses only allow performances which are characterized by Specified Sexual Acts or feature Specified Anatomical Parts in such a way that patrons are not be permitted within 6 feet of the Performers is likely to: reduce the opportunities for illegal sexual activity to occur between Performers and patrons; reduce the opportunities for illegal drug transactions to occur between Performers and patrons; and is particularly likely to reduce the opportunity for such illegal sexual activity to occur at the Adult- Oriented Business; C. Requiring Performers in individual Viewing Areas or Performers desiring to perform within 6 feet of patrons to be completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier which physically prevents any physical contact between patrons and performers is likely to reduce the opportunity for illegal sexual activity to occur between Performers and patrons, reduce the possibility of the transmission of sexually transmitted diseases between Performers and patrons, and reduce the possibility that illegal drug transactions will occur on the premises; D. Prohibiting any physical contact between Performers and patrons of Adult - Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal sexual and narcotics activity between patrons and Performers; E. Prohibiting patrons of Adult- Oriented Businesses from directly providing payments or gratuities to and prohibiting Performers from directly accepting the same is likely to reduce the opportunity for illegal sexual activity to occur between patrons and Performers; F. The City also takes legislative note of the number of courts which have upheld distance limitations between performers and patrons, prohibitions against physical contact between performers and patrons, and precluded direct exchange of monies between performers and patrons at adult businesses that provide live entertainment, including, based on the presence of secondary effects including, but not limited to: Gammoh v. City of La Habra (9"' C r. 2005) 395 F.3d 1114; Tily_B. v. City _of Newport Beach (1999) 69 Cal.App.4th 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1.998); BSA, Inc. v. King County, 804 F12d. 11.04, 1110 -11 (9th Cir. 19.8.6)., Kev, Inc.. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City of Arlington, 65 F,3d 1248 (5th Cir. 1995). G. The City Council, in adopting the additional operational standards set forth in this ordinance, recognizes that these standards do not preclude reasonable alternative avenues of communication. The City Council takes note of the proliferation of adult material on the Internet, satellite television, direct television, CDs, and DVDs, and that these various media provide alternative avenues of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S, 844, 117 S.Ct, 2329, 138 L.Ed.2d 874 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; Anheuser -Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996), cent. denied 520 U-S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication]; U.S. v. Hoekings, 129 F.3d 1069 (9th Cir. 1997); see also [.l.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cent. denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. H. The City Council further takes note that the form in which adult materials are available has affected the manner in which Adult - Oriented Businesses are operated and that such changes in such Businesses require corresponding changes in the City's existing ordinances. WHEREAS, the additional regulations enacted by this ordinance will enable the City to more effectively reduce or eliminate the secondary effects caused by the Adult - Oriented Businesses, so that resident of the City need not be forced to suffer the deleterious impacts of such secondary effects which include but are not limited to increased crime and blight; and WHEREAS, it is not the intent of the City in adopting this ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral ordinance which provides additional regulations to address the secondary effects Aduft- Oriented Businesses have on the City and to provide appropriate hearing and appeal procedures for the matters set forth herein; and WHEREAS, the City Council finds that the amendments to the City's existing ordinances made by this ordinance are content neutral and regulate the time, place and manner of operation. of sexually oriented .......... businesses pursuant to Government Code Section 65850 sub. (g)(1). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 153.440 of the Baldwin Park Municipal Code is hereby amended in the following particulars: A. The following definitions contained in said section are hereby amended to read as follows: ADULT - ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors, or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and /or other printed matter, photographs, films, motion pictures, video cassettes, DVD's, slides, tapes, records or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and /or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or b. Regularly features persons who appear semi- nude; and /or c. Shows films, computer generated images, motion picture s, v.ide.. o ...._cass...e...tte.s..._D1�D'.s slues, o.r other photographic_ __ reproductions thirty (30) percent or more of the number of mlhich are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTELIMOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, a. Provides patrons with closed - circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and b. Rents, leases, or lets any room for less than a six - hour period, or rents, leases, or lets any single room more than twice in a 24-hour period. (5) ADULT !!MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual -- artist or_... group of artists, and which does not provide.,... permit.,... ......... or make available specified sexual activities. APPLICANT. A person who files an application for a permit under this subchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult - Oriented Business, NUDITY OR A ST'AT'E OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. B. The definition of "CHURCH' contained in said section is hereby de {eted, C. The following definitions are hereby added to said section: PERFORMER. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult - oriented business, regardless of whether such person performs for compensation. RELIGIOUS INSTITUTION. A structure which is used primarily for religious worship and related religious activities at least two days per week. SECTION 2 Section 153.441 of the Baldwin Park Municipal Code is hereby amended to read as follows: §153.441 Location and Zoning Requirements For Adult - Oriented Businesses No adult- oriented business shall be established, located, or operated in any zone in the city other than the I and I -C zones and only when within the ascribed distances of the certain specified land uses or zones as set forth below: (a) No such business shall be established or located within 1000 feet from any existing legal or legal non - conforming residential zone or use, unless separated from the residential use or zone by a major freeway (Interstate 10 or State Highway 605) or by a right of way at least 100 feet in width. (b) No such business shall be established or located within 1000 feet from any existing legal or legal non - conforming park, religious institution, day care facilities, or schools. The required distances for separation shall be measured using a straight level line, without regard to intervening structures or objects. The required distance separation shall be measured as follows. The measurement shall start from the nearest exterior wall of the structure of an adult - oriented business, if it is located by itself in a free standing structure, or from the tenant space if the business is located in part of a building. The measurement shall end at the closest lot line of the property containing the sensitive use. The distance requirements imposed by this section shall be evaluated as of the date the adult- oriented business files a business license application with the city. 5ECDON 3. Section 124.010 of the Baldwin Park Municipal Code is hereby amended in the fallowing particulars: A. The following definitions contained in said section are hereby revised to read as follows: ADULT-ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of co.nsidaration, on.e.__or more video machines,._. computers,. DVD -. players, still or motion picture projectors, or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, DVD's, slides, tapes, records or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and /or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or b, Regularly features persons who appear semi- nude; and /or c. Shows films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOT ELIMOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, a. Provides patrons with closed - circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities ........ ._.. ......................... or specified anatomical areas, and - b. Rents, leases, or lets any room for less than a six- hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) ADULT THEATER. A theater, concert hail, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. APPLICANT. A person who files an application for a permit under this subchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult - Oriented Business. !NUDITY OR A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. The.definition of_ ".CHURCH' contained _in__ said _ section is hereby deleted. _ __ C: The fcHowing definitions are hereby added to said section.: PERFORMER. Any dancer, entertainer, model, or other person who performs Specified Sexua! Activities or displays Specified Anatomical Parts in an Adult Oriented Business, regardless of whether such person performs for compensation. RELIGIOUS INSTITUTION. The term "religious institution" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per week. SECTION 4. Section 124.020 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.020 PERMITS REQUIRED. (A) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city the operation of an adult - oriented business unless the person first obtains and thereafter maintains a valid adult - oriented business permit and, if necessary, adult- oriented business performer permit(s) as required under this chapter, a city business license, and any other permits required by state or federal law. All such licenses and permits shall be maintained in full force and effect during the life of the adult - oriented business. (B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult- oriented business unless the person first obtains from the city and thereafter maintains a valid adult - oriented business performer permit as required under this chapter, if necessary, a business license, and any other permit required by state or federal law. All such licenses and permits shall be maintained in full force and effect during the life of such persons engagement in such actions. SECTION 5. Section 124.040 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.040 APPLICATIONS. (A) Adult- oriented business permits are nontransferable, except in accordance with § 124.070. Therefore, all applications shall include the following information: ... .................... (1) If the applicant is an individual, the individual shall state his or her legal name, (including any aliases), address, telephone number(s) and date of birth. The applicant shall also submit satisfactory written proof that he or she is at least 18 years of age. With the exception of the applicant's name, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names, aliases if any, addresses, teiephone numbers and dates of birth of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any. The applicant shall also submit satisfactory written proof that each of the partners is at least 18 years of age. With the exception of the partner's names, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, aliases if any, addresses, telephone numbers, dates of Firth, and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process, The applicant shall also submit satisfactory written proof that each of the above referenced people is at least 18 years of age. With the exception of the name of the corporation, and the names and titles of the officers, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (B) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application. (C) If the applicant intends to operate the adult - oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult - oriented business and show proof of registration of the fictitious name. (D) A description of the type of adult oriented business for which the permit is requested and the proposed address where the adult- oriented business will operate plus the names, alia-ses if any, phone- .. dates of birth and addresses of the owners and, if applicable, lessors of the adult- oriented business site. (E) The address to which all notices related to the application and the operation of the business are to be mailed. (F) The full names, aliases if any; addresses, telephone numbers and dates of birth of all employees, independent contractors, and other persons who will perform at the adult - oriented business, who are required by § 124.080 to obtain an adult- oriented business performer license. (For ongoing reporting requirements see § 124.080.) (G) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult - oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale. (H) A certificate and straight -line, to scale drawing prepared by a registered architect showing: (1) The scale and the north arrow. (2) The street address of the lot or lots to be included as part of the adult - oriented business. (3) The size of lots accurately dimensioned. (4) The size and location of all existing and proposed structures. (5) The size and location of all existing and proposed parking stalls. (8) The location of all landscaped areas. (7) The location of all trash areas. (8) The location of the proposed exterior lighting system required by this chapter. (9) The property lines of any religious institution, school, park, residential zone or use within 1000 feet of the adult - oriented business as described in § 153.441. The drawing shall be prepared within 30 days prior to the submission of the application, and the preparer shall state on the face of the drawing the date on which it was prepared. (1) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult - oriented business permit. .. ..... ....... ... ....... . (J) A statement signed and verified by the applicant if an individual, each par ner if a partnership, and each corporate, officer and each person owning a 25% or greater interest in the corporation attesting to the fact that within the past five years none of the above has been convicted of or plead guilty or nolo contendre to any of the following: Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g; 266h, 2661, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Cade; or any equivalent violation of the code of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past three years. SECTIDN 6. Section 124.060 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.060 DECISION TO GRANT OR DENY PERMIT. (A) Upon determination an application is complete, the City Clerk shall promptly grant the application and issue the adult - oriented business permit unless: (1) The building, structure, equipment, or location used by the business for which an adult- oriented business permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State, or with the requirements of this chapter and § 1 53.441. (2) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult - oriented business permit. (3) An applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age. (4) The required application fee has not been paid. (5) Within the past five years, the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an ........................................................... ............................... applicant corporation has been convicted of or plead guilty or nolo contendre to any of the following offenses- Sections 243;4, 261 266a, 266b, 2664, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 316, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11690 of the California Health and Safety Code, or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11067 or 11058 of the California Health and Safety Code, or any equivalent violation of the code of another state; or has had an adult oriented permit revoked by this city or any other governmental entity within the past three years. (B) If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in § 124.050(a), the applicant may begin operating the adult - oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this chapter, including but not limited to the requirements of § 124.120. _S.EQT1QN7. Section 124.080 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.080 ADULT- ORIENTED BUSINESS PERFORMER PERMIT. (A) No person shall engage in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult- oriented business, without a valid adult - oriented business performer permit issued by the city. All persons who have been issued an adult - oriented business permit shall promptly supplement the information provided as part of the application for the permit required by § 124.030, with the names of all performers required to obtain an adult- oriented business performer permit, within five business days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and /or revocation of the adult- oriented business permit. (B) The City Clerk shall grant or deny adult business performer permits as provided herein. (C) The application for an adult - oriented business performer permit shall be made on a form provided by the City Clerk. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk. (D) The completed application shall contain the following information (which shall be kept confidential by the city to the extent permitted by law) and be accompanied by the following documents: (1) The applicant's legal name and any other names, including "stage name" and aliases, used by the applicant; (2) The applicant's age, date and place of birth; (3) The applicant's height, weight, and hair and eye color; (4) The applicant's present residence address and telephone number; (5) Whether the applicant has ever been convicted of or plead guilty or polo conendre to : (i) Any of the offenses set forth in Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code as those sections now exist or may hereafter be amended or renumbered; or (ii) The equivalent of the aforesaid offenses outside the State of California. (6) Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during ivhich such person kivas so HcenSed, registered, or authorized to engage in prostitution; (7) The applicant's State driver's license or identification number; (8) Satisfactory written proof that the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is at least 18 years of age; (9) The applicant's fingerprints on a form provided by the Police Department, and a color photograph at least 2" x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (10) Whether the applicant has ever had an adult oriented business performer permit (or equivalent permit in another jurisdiction) or adult business permit (or equivalent permit in another jurisdiction) revoked. (E) The application shall be accompanied by a non - refundable application fee. The amount of the fee shall be set by resolution of the City Council. (F) Upon receipt of a completed application and payment of the application fees, the City Clerk shall immediately stamp the application as complete and promptly investigate the application. aE-CIIQN 8. Subsection (E) of Section 124.090 of the Baldwin Park Municipal Code is hereby amended to read as follows: (E) The City Clerk shall deny the application for any of the following reasons: (1) The applicant has knowingly made any false; misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application; (2) The applicant, his or her partner, or any director, officer, or 2511/o or greater shareholder of an applicant corporation is under 18 years of age; (3) The adult- oriented business performer permit is to be used for performing in a business prohibited by State or city law; (4). Thr. appiicant has been registered in any state as a. prostiti itr-� (5) The applicant has been convicted of or pled guilty or nolo contendre to any of the offenses enumerated in § 124.080(d)(5) or convicted of or plead guilty or nolo contrendre to an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to any person convicted of or who pled guilty or nolo contendre to the described crimes if the conviction or plea occurred more than five years prior to the date of the application. (6) The applicant has had an adult oriented business performer permit (or equivalent permit in another jurisdiction) or adult business permit (or equivalent permit in another jurisdiction) revoked, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to if the revocation was more than three years prior to the date of the application. SECTION 9. Section 124.100 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.100 SUSPENSION OR REVOCATION OF ADULT - ORIENTED BUSINESS PERMITS AND ADULT- ORIENTED BUSINESS PERFORMER PERMITS. An adult - oriented business permit or adult - oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section. (A) On determining that grounds for permit revocation exist, the City Cleric shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed; postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted by a hearing officer in accordance with procedures established by the City Clerk, but at a minimum shall include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangihie evidence bearing on the issues- may be represented by counsel; and shall have the right to confront and cross- examine witnesses. (2) The hearing officer shat! not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. (3) The status quo shall be maintained pending the hearing officer's decision on the suspension or revocation, unless the permitee seeks judicial review pursuant to Code of Civil Procedure Section 1094.8, in which case, the status quo shall be maintained until a trial court decision on the writ. (B) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, performer, independent contractor, agent, partner, director, stockholder, or manager of an adult- oriented business. (1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city. (2) The permittee, employee, agent, partner, director, stockholder, or manager of an adult- oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult - oriented business, or in the case of an adult - oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult - oriented business: (i) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code. (ii) The occurrence of acts of lewdness, assignation, prostitution, or sexual misconduct such as any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation or use of the establishment as a place where unlawful solicitations for sexuaF intercourse, sodomy, oral copulation, or masturbation openly occur including any conduct constituting violations of Sections 243.4, 261, 266a, 266b, 266c, 266d, 266e, 266f, 2668, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or Subdivisions (a) (b) or (d) of Section 647 of the California Penal Code. (iii) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4. (iv) Any act constituting a violation of provisions of the California Health and Safety Code relating to the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance as specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code. (v) Any conduct prohibited by this Chapter. For the purposes of this section, an adult- oriented business permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation. (3) Failure to abide by a disciplinary action previously imposed by an appropriate city official. (C) After holding the hearing in accordance with the provisions of this Section, if the hearing officer finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following; (1) Suspension of the permit for a specified period not to exceed six months; (2) Revocation of the permit. SECTION 10. Subsection (K) of Section 124.120 of the Baldwin Park Municipal Code is hereby amended to read as follows: (K) The following additional requirements shall pertain to adult- oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities: (1) Live entertainment shall only be performed either: (1) on a stage raised at ieast 18 inches above the ficor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stage; or (2) in a location other than on the stage such that the Performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the area in which the entertainer is performing is completely separated from the individual viewing area, or other area occupied by a patron, by a floor to ceiling permanent, solid barrier which eliminates the opportunity for any patron /entertainer physical contact. (2) The adult - oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performer's use. (3) The adult - oriented business shall provide an entrance /exit for performers which is separate from the entrance /exit used by patrons. (4) The adult- oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. if such separate access is not physically feasible, the adult - oriented business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and entertainers. (5) No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises; no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks; cleft of the buttocks, r erineum anal region or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business. (6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection. (7) No patron shall directly pay or give any gratuity to any performer, and no performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person -to- person transfer of the gratuity. This section shall not prohibit the establishment of a non -human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying. (8) No owner or other person with managerial control over an adult- oriented business shall permit any person on the premises of the adult - oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, and /or the female breast with less than a fully opaque coverage over any part of the nipple or areola and /or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. SECTION 11. The final paragraph of Section 124.120 of the Baldwin Park Municipal Code is hereby amended to read as follows: The foregoing applicable requirements of this Section shall be deemed conditions of adult- oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations. SECTION 12: The City Clerk shall certify to the adoption of th:s ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 7th day of March, 2007, Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1301 was introduced at a regular meeting of the City Council held on March 7, 2007 and was adopted by the City Council at its regular meeting held on March 21, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Ramirez, CMC Chief Deputy City Clerk ATTACHMENT #3 RED -LINED VERSION ORDINANCE 1301 124.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADULT - ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines coml2uters, DVU players, still or motion picture projectors, or similar machines used for presenting live entertainment or dis la in an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, slides; or other photographic reproductions; 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and /or other printed matter, photographs, films, motion pictures, video cassettes, DVD's, slides, tapes, records, or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: (a) Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) Regularly features persons who appear semi -nude; and/or (c) Shows films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions, thirty (30) percent a0% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTEL or MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) Provides patrons with closed - circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions, thirty (30) percent 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and -1- (b) Rents, leases, or lets any room for less than a six -hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or similar photographic reproductions are shown, 30/0 or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire, or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. ADULT - ORIENTED BUSINESS OPERATOR or OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult- oriented business or the conduct or activities occurring on the premises thereof. APPLICANT. A person who fines is an application for a permit under this subchapterchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult - oriented business. BAR. Any commercial establishment licensed by the state Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas," the films so described are those the dominant or predominant character and theme of -2- which are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981). ESTABLISHMENT' OF AN ADULT - ORIENTED BUSINESS. Any of the following: (1) The opening or commencement of any adult- oriented business as a new business; (2) The conversion of an existing business, whether or not an adult- oriented business, to any adult - oriented business defined herein; (3) The addition of any of the adult- oriented businesses defined herein to any other existing adult- oriented business; or (4) The relocation of any such adult - oriented business. FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted: HEALTH OFFICER. The Health Officer of the city or his or her duly authorized representative(s). INDIVIDUAL VIEWING AREA. An area designed for fewer than five persons to view still or motion pictures, live entertainment, computer generated images, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. OPERATE AN ADULT- ORIENTED BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult- oriented business or activities within an adult- oriented business. PERFORMER. Any dancer, entertainer, model or other person who performs Specifled Sexual Activities or displays Specified Anatomical Parts in an Adult Oriented Business, regardless of whether such person performs for compensation. -3- PERMITTEE. The person to whore an adult- oriented business permit or adult - oriented business performer permit has been issued. PERSON. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means presented as a regular and substantial course of conduct of the person, business, or establishment making the presentation or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 -day period; three or more occasions within a 60 -day period; or four or more occasions within a 180 -day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. RELIGIOUS INSTITUTION. The terra "religious institution" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per weep. SCHOOL. Any child or day care facility, of an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Educ. Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. SEMI -NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. SPECIFIED ANATOMICAL AREAS. Any of the following: (1) Less than completely and opaquely covered human genitals or pubic region, buttocks, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (3) Any device, costume, or covering that simulates any of the body parts included in divisions (1) or (2) of this definition. SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering: -4- (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Excretory functions as part of or in connection with any of the other activities described in divisions (1) through (3) of this definition. § 124.020 PERMITS REQUIRED. (A) It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on in or upon any premises in the city the operation of an adult- oriented business unless the person first obtains a valida* adult - oriented business pennit, and, if necessary, adult- oriented business performer permits as required under this chapter; a city business license= ; and any other permits required by state or federal law.. All such permits shall be maintained in full force and effect during the life of the adult - oriented business. (B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult- oriented business, unless the person first obtains from the city and thereafter maintains a validan adult- oriented business performer permit as required under this chapter, if necessary:, a business license, and any other permit required by state or federal law. All such licenses and. permits shall be maintained in full force and effect during the life of the adult- oriented business. APPLICATION AND PERMITS § 124.030 ADULT - ORIENTED BUSINESS PERMIT REQUIRED. Every person who proposes to maintain, operate, or conduct an adult- oriented business in the city shall file an application with the City Clerk upon a form provided by the city and shall pay a non - refundable filing fee, as established from time to time by resolution adopted by the City Council. § 124.040 APPLICATIONS. (A) Adult- oriented business permits are nontransferable, except in accordance with § 124.070. Therefore, all applications shall include the following information: -5- (1) If the applicant is an individual, the individual shall state his or her legal name; (including any aliases), - address, telephone numbers and date of birth. The a licant shall alsoand submit satisfactory written proof that he or she is at least 18 years of age. With the exception of the applicant's name, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (2) If the applicant is a partnership, the partners shall state the partnership's complete name, - address, the names aliases if any, addresses telephone numbers and dates of birth of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, i f any. The applicant shall also submit satisfactory written proof that each of the partners is at least 18 years of age. With the exception of the partner's names the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names, aliases if any, addresses, telephone numbers, dates of birth, and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process. The al2l2licant shall also submit satisfactor y written proof that each of the above referenced people is at least 18 years of ape. With the exception of the name of the corporation, and the names and titles of the officers the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (B) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application. (C) If the applicant intends to operate the adult- oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult - oriented business and show proof of registration of the fictitious name. (D) A description of the type of adult - oriented business for which the permit is requested and the proposed address where the adult - oriented business will operate, plus the names, aliases if any, phone numbers, dates of birth and addresses of the owners and, if applicable, lessors of the adult - oriented business site. (E) The address to which notice of action on the application is to be mailed. (F) The full names, aliases if any, addresses, telephone numbers and dates of birth of all employees, independent contractors, and other persons who will perform at the adult - oriented business, who are required by § 124.080 to obtain an adult- oriented business performer license. (For ongoing reporting requirements, see § 124.080).** (G) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult - oriented business. The -6- sketch or diagram need not be professionally prepared but must be drawn to a designated scale. (H) A certificate and straight -line, to scale drawing prepared by a registered architect within 30 days prior to the submission of the application depicting the building and the portion thereof to be occupied by the adult- oriented business, and the property lines of any church, school, park, residential zone, or use within .1000 feet of the primary entrance of the adult - oriented business.showinp,: (1) The scale and the north arrow. (2) The street address of the lot or lots to be included as part of the adult- oriented business. (3) The size of lots accurately dimensioned. (4) The size and location of all existing and pro -posed structures. (5) The size and location of all existing and proposed parkinZstalls. (6) The location of all landscaped areas. 7 The location of all trash areas. (8) The location of the proposed exterior lighting system required by this chapter. 9 The property. lines of any religious institution school park, residential zone or use within 1000 feet of the adult - oriented business as described in § 153.441. The drawing shall be prepared within 30 days prior to the submission of the application, and the preparer shall state on the face of the drawing the date on which it was prepared. (1) A Eliagr-afn of the off str-eet paF:k4ng areas and pr-eFaises entries of !he a&4- oriented business shev,,iiig th.e.leeation of the lighting by § 124.120. {J= )-The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult - oriented business permit. v r� r *� r r l�Si7 X17 I�S� ......l�l�S :IZ ��_= /�iVWY1.Ylit �rlu � tlSSi tSllR�1S!S�Ql ll -7- A statement signed and verified by the applicant if an individual each partner if a partnership, and each corporate officer and each person owning a 25 % or greater interest in the corporation attesting to the fact that within the past rive ears none of the above has been convicted of or plead,2uitty or nolo contendre to any of the following: Sections 243.4 261 266a 266b 2664 266e 266f 266g, 266h 2661 266' 267 288 314 315, 316 318 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substancespecified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or any a uivalent violation of the code of another state or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past three years. § 124.050 INVESTIGATION AND ACTION ON APPLICATION. (A) The City Clerk shall, within 15 days of submission of an application, determine whether the application is complete. If the City Clerk determines the application is incomplete or the applicant has completed the application improperly, the City Clerk shall, within the aforementioned time period, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (B) Upon receipt of a completed application and payment of the application and permit fees, the City Clerk shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult- oriented business permit. (C) Within 30 days of receipt of the completed application, the City Clerk shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows: (1) The City Clerk shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. (3) If the application is granted, the City Clerk shall attach to the application an adult - oriented business permit. -8- (4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. § 124.060 DECISION TO GRANT OR DENY PERMIT; DURATION OF PERMIT. (A) Upon determination an application is complete, the=ft City Clerk shall grant the application and issue the adult - oriented business permit unless: (1) The building, structure, equipment, or location used by the business for which an adult- oriented business permit is required does not comply with the requirements and standards of the health, zoning, fire, and safety laws of the city and the state, or with the requirements of this chapter and § 153.441. (2) The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult- oriented business permit. (3) An applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under IS years of age. (4) The required application fee has not been paid. (5) Within the past fives years, the applicant, his or her partner, or any director, oMcer, or 25% or treater shareholder of an applicant corporation has been convicted of or plead guilt or nolo contendre to any of the following offenses: Sections 243.4 261 266a 266b 266d 2 266e 266E 266 266h 2661 266' 267 288 314 315 316 318 653.22 or subdivisions a b or d of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substancespecified in Section 11054 11055 11056 11057 or 11058 of the California Health and Safety Code or any equivalent violation of the code of another state, has had an adult oriented permit revoked by this city or any other governmental entity within the past three years violations of a-ny equivalent vielation of the oode of anether- state; or- the applieant the past three yeaf:s- (B) If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within 30 days after it is stamped as received (except as provided in § 124.050(A), the applicant may begin operating the adult - oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this chapter, including but not limited to the requirements of § 124.120 and renewal requirements of this section. -9- § 124.070 TRANSFER OF ADULT - ORIENTED BUSINESS PERMITS. (A) A permittee shall not operate an adult- oriented business under the authority of an adult- oriented business permit at any place other than the address of the adult- oriented business stated in the application. for the permit. (B) A permittee shall not transfer ownership or control of an adult - oriented business or transfer an adult - oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the City Clerk stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Clerk in accordance with §§ 124.040 and 124.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Clerk determines in accordance with § 124.060 that the transferee would be entitled to the issuance of an original adult- oriented business permit. (C) No pen-nit may be transferred when the City Clerk has notified the permittee that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. § 124.080 ADULT - ORIENTED BUSINESS PERFORMER PERMIT. (A) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual. activities in an adult - oriented business, without a valid adult - oriented business performer permit issued by the city. All persons who have been issued an adult- oriented business permit shall promptly supplement the information provided as part of the application for the permit required by § 124.030, with the names of all performers required to obtain an adult - oriented business performer permit, within five-30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and/or revocation of the adult - oriented business permit. (B) The City Clerk shall grant, deny, and renew adult - oriented business performer permits. -10- (C) The application for an adult- oriented business performer permit shall be made on a form provided by the City Clerk. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk. (D) The completed application shall contain the following information (which shall be kept confidential by the city to the extent permitted by law) and be accompanied by the following documents: (1) The applicant's legal name and any other names, including "stage names" and aliases, used by the applicant; (2) The applicant's ageA-ge, date, and place of birth; (3) The applicant's heightHeig,44, weight, hair, and eye color; (4) The applicant's presentP+e-se44 residence address and telephone number; (5) Whether the applicant has ever been convicted of or plead guilty or nolo rnnenrlre tn- (a) Any of the offenses set forth in -al. Penal Cod § § 315, 34 6, -266a, `'64, 2:66e, 2266e, 266g, , , and Sections 243.4, 261, 266a, 266b 266d 266e 266f 266g, 266h 2661 266' 267 288 314 315 316 318 653.22 or subdivisions a b or d of Section 647 of the California Penal Code; any offense re uirin registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale sale transportation, furnishing or Mvin away, of a controlled substancespecified in Section 1.1054 11055 11056 11057 or 11058 of the California Health and Safety Code as those sections now exist or may hereafter be amended or renumbered; or (b) The equivalent of the aforesaid offenses outside the state. (6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. if any person mentioned in this division has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (7) The applicant's State driver's license or identification number; (8) Satisfactory written proof that the applicant is at least 1S years of age; -11- (9) The applicant's fingerprints on a form provided by the Police Department, and a color photograph at least 2 "x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (10) .Whether the applicant has ever had an adult oriented business performer 12ermit orequivalent permit in another jurisdiction or adult business permit orequivalent permit in another jurisdiction revoked. (E) The application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. (F) Upon receipt of a completed application and payment of the application fees, the City Clerk shall immediately stamp the application as complete and promptly investigate the application. § 124.090 INVESTIGATION AND ACTION ON APPLICATION. (A) The City Clerk shall, within five days of submission of an application determine whether the application is complete. If the City Clerk determines that the application is incomplete or that the applicant has completed the application improperly, the City Clerk shall promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly.. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (B) Within five days after receipt of the properly completed application, the City Clerk shall grant or deny the application and so notify the applicant as follows: (1) The City Clerk shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. (3) If the application is granted, the City Clerk shall attach to the application an adult- oriented business performer permit. (4) The application as granted or denied and the permit, if any, shall be placed in the United States snail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. -12- (C) The City Clerk shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in division (E) of this section. (D) if the City Clerk grants the application or if the City Clerk neither grants nor denies the application within five days after it is stamped as complete (except as provided in § 124.090(A), the applicant may begin performing in the capacity for which the license was sought. (E) The City Clerk shall deny the application for any of the following reasons- (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application; (2) The applicant is under 18 years of age; (3) The adult - oriented business performer permit is to be used for performing in a business prohibited by state or city law; (4) The applicant has been registered in any state as a prostitute; or (5) The applicant has been convicted of or pled guilty or nolo contendre to any of the offenses enumerated in § 124.080(D)(5) or convicted of or plead. guilty or polo contrendre to an offense outside the state that would have constituted any of the described offenses if committed within the state - Provided, however, that a-A permit shally be issued to any person convicted of or who pled guilty or nolo contendre to the described crimes if the conviction occurred more than five years prior to the date of the application. 6 The applicant has had an adult oriented business performer permit or equivalent permit in another jurisdiction or adult business permit orequivalent permit in another jurisdiction revoked provided, however, that a permit shall be issued, if the applicant otherwise qualifies, if the revocation was more than three years prior to the date of the MMli_cation, -13- § 124.100 SUSPENSION OR REVOCATION OF ADULT - ORIENTED BUSINESS PERMITS AND ADULT - ORIENTED BUSINESS PERFORMER PERMITS. (A) An adult- oriented business permit or adult- oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section. �L4$4 On determining that grounds for permit revocation exist, the City Clerk shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted by a hearing officer in accordance with procedures established by the City Clerk but at a minimum shall include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross - examine witnesses. a nine l (2) The hearing officer shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. 4 2-4.1 1G.. 3 The status quo shall be maintained pendinlz the hearinp, officer's decision on the suspension or revocation unless the permitee seeps 'udicial review pursuant to Code of Civil Procedure Section 1094.8 in which case the status quo shall be maintained until a trial court decision on the writ. f{G) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee or an employee, performer, independent contractor, agent, partner, director, stockholder, or manager of an adult - oriented business: (1) The permittee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City. _14_ (2) 44—The permittee, employee, agent, partner, director, stockholder, or manager of an adult- oriented business has knowingly allowed or permitted and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult- oriented business, or in the case of an adult - oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult - oriented business: ntix. -�nt� . 4. The of ants or lewdness, o nten TC]TiCT'9YQIIL�TLT�Til ��,Fli[LI WIJ, Vf 3.]3 of assignation, VJLl LLiE2 Via, prostitution, including ai:iy een&et eanstituting violations of Gal. Penal Code, 3 647(b). 16, 3 18, Of (i) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code. (ii) The occurrence of acts of lewdness, 4!ssf knaf bn, prostitution, or sexual misconduct such as any act of unlawful sexual intercourse sodomy, oral copulation, or masturbation or use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur includiniz any conduct constituting violations of Sections 243.4, 261, 266x, 266b, 266c, 266d, 266e, 266f 266g, 266h 2661 266' 267 288 314 315 316 318 653.22 or Subdivisions a b or d of Section 647 of the California Penal Code. iii) Anv act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4. (iv) Any act constituting a violation of provisions of the California Health and Safety Code relatin to -15- the possession, possession for sale, sale, transportation, furnishing ©r aiyinjz away, of a controlled substance as specified in Section 'I_X0.54, 11055 11056 11057 or 11058 of the California Health and Safety Code. (v) Any conduct prohibited by this chapter. {l -For the purposes of this section, an adult- oriented business permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation. (3) Failure to abide by an disciplinary action previously imposed by an appropriate city official. LQ{D} After holding the hearing in accordance with the provisions of this section, if the hearing officer Cry Clerl finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following: (1) Suspension of the permit for a specified period not to exceed six months; (2) Revocation of the permit. § 124.110 APPEAL OF DENIAL, SUSPENSION, OR REVOCATION. After denial of an application for an adult- oriented business permit or an adult - oriented business performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action by the City Manager in the manner provided herein. Any person seeking to appeal a decision of the City Clerk shall file a written notice of appeal with the City Clerk no later than 15 days after the date of the notice denying the application or permit renewal or imposing the suspension or revocation. The notice shall state, with specificity, the specific factual and legal basis of the appeal. The City Clerk shall, within ten days, schedule a hearing before the City Manager or his or her designee and notify the appellant, in writing, of the day, time, and location of the hearing which shall be held no later than 30 days from the data the appeal had been filed. The appeal shall be conducted in accordance with the same procedures established by the City Clerk pursuant to § 124.100(A). The City Manager shall provide the appellant with a written decision within ten days of the conclusion of the hearing. If the denial, suspension, or revocation is affirmed on review, the applicant permittee may seek prompt judicial review of such administrative action pursuant to Cal. Civil Proc. Code, § 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the permittee. -1f- FACILITIES AND EMPLOYEES § 124.120 ADULT - ORIENTED BUSINESS DEVELOPMENT AND PERFORMANCE STANDARDS. (A) Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in accordance with the fire department and building regulations and standards adopted by the city. (B) No adult- oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any location outside the building of such establishment. This provision. shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (C) All off - street parking area and premise entries of the sexually- oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult - oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the sketch or diagram of the premises required by § 124.040. (D) The premises within which the adult - oriented business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right -of -way or within any other building or other separate unit within the same building. (E) Except for those businesses also regulated by the state Department of Alcoholic Beverage Control, an adult- oriented business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day. (F) The building entrance to an adult - oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the City Clerk or designee. No person under the age of 18 years shall be permitted within the premises at any time. (G) All indoor areas of the adult - oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times. (H) Any adult- oriented business which is also an "adult arcade" shall comply with the following provisions: -17- (1) The interior of the premises shall be configured in such a manner that there is an unobstructed view with the nailed eye, and without the aid of any cameras, mirrors, or other devices from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet and which is located in a public portion of the establishment of every area of the premises to which any patron is permitted access for any purpose, including but not limited to the entire interior of individual viewing area, but specifically excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this division must be direct line of sight from the manager's station. (2) The view area specified in division (H)(5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted. (3) No individual viewing area may be occupied by more than one person at any one time. (4) The walls or partitions between individual viewing areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any individual viewing area such as to allow physical contact through a partition between the occupant of any such individual viewing area and a person on the outside. All individual viewing areas shall be separated from other Individual viewing Areas by a five -foot buffer. (5) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such individual viewing area or from remaining in the common area of such business, other than the rest - rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (6) The floors, seats, walls, and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions. (I) All areas of the Adult- oriented Business shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level: Area Pootcandles Bookstores and other retail 20 establishments Theaters and cabarets 5 (except during performances, in which times lighting shall be at least 1.25 foot - candles) Arcades 10 -18- Motels /hotels 20 (in public areas) Modeling studios 20 (J) The adult - oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to cart' out duties of repair, maintenance, and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. (K) The following additional requirements shall pertain to adult - oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities: (1) No person shall per-fei:fn live efi.tei4ainmeiit faf patfans of an adult ofieilted business exoept upon a stage at least 18 inehes above the level of the floe whiek is separ-atei by a distaigee of at least ton feet f+om the nearest area ee6upiedl-l—, patfens, and iie patfon shall be peFmittedwithin ten feet of the stagewhile the •b _d by an entei4ainef Live entertainment shall only be performed either: (1) on a stal4e raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stale; or (2) in a location other than on the state such that the Performer is separated from agy patron by not less than six feet. This provision does not apply to an individual viewinjl area where the area in which the entertainer is performing is completely separated from the individual viewin2 area or other area occupied by a patron, by a floor to ceiling permanent, solid barrier which eliminates the opportunity for any patron/entertainer physical contact. (2) The adult- oriented business shall provide separate dressing room facilities for performers°„t� which are exclusively dedicated to the performefs°iit use. an a&h a „ted bus -i OSS (3) The adult - oriented business shall provide an entrance /exit for performersent°i r-s which is separate from the entrance /exit used by patrons. (4) The adult - oriented business shall provide access for erfo�rmers_entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult- oriented business shall provide a minimum three -foot wide walk aisle for performersent�fs between the dressing room area and the stage with a railing, fence, or other barrier separating the -1.9- patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and performers^p'e ainef:s. (5) No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas of specified sexual activities , shall have physical contact with any patron, and no patron shall have physical contact with any performer while the performer is performinIZ on the premises. In addition while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously laced on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business entei4ainer either before, El - . by such enteAainer-. This division shall only apply to physioal eontaet on the , including the pafking let, of the adult ariented husiness. (6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers *°ors and patrons required by this subsectiondlien. (7) No patron shall directly pay or give any gratuity to any performer, and no erformer will accept any directly paid gratuity from any patron. For the purposes of this section the Rhrase "direct/ pay" shall mean the person-to-person transfer of the gratuity. This section shall not Rrohibit the establishment of a non -human gratuity receptacle placed at least six feet from the staLye or area which the performer is 0c.nrf tee. (8) No owner or other person with managerial control over an adult- oriented business (as that * &-m is defined heft+„` shall permit any person on the premises of the adult - oriented business to engage in a live showing of the human male or female genitals, pubic area, or natal cleft with less than a fully opaque coverage, and /or the female breast with less than a fully opaque coverage over any part of the nipple or areola, and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. (L) Adult- oriented businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards: (1) Adult - oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the -20- premises is greater than 35 persons, an additional security guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of 35 persons. (2) Security guards for other adult- oriented businesses shall be required at a ratio of one guard For every 100- person occupancy limit. (3) Security guards) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable pro - visions of state law. No security guard required pursuant to this division shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (M) The foregoing applicable requirements of this section shall be deemed conditions of adult- oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations. § 153.440 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADULT- ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors, or similar machines used for presenting live entertainment or displaying an ima a for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's,_slides; or other photographic reproductions; 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, DVD'sslides, tapes, records, or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and /or specified anatomical areas. -21- (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: (a) Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) Regularly features persons who appear semi -nude; and /or (c) Shows films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions, thirty (30) percent 34-% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTEL or MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) Provides patrons with closed- circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions, thirty (30) percent 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) Rents, leases, or lets any room for less than a six -hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (5) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire, or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. -22- ADULT- ORIENTED BUSINESS OPERATOR or OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult - oriented business or the conduct or activities occurring on the premises thereof. APPLICANT. A person who files i • an application for a permit under this subchaptear�, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult- oriented business. BAR. Any commercial establishment licensed by the state Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. religious aetivities at least twe days por-week-. DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas," the films so described are those the dominant or predominant character and theme of which are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (:1981). ESTABLISHMENT OFANADULT- ORIENTED BUSINESS. Any of the following: (1) The opening or commencement of any adult - oriented business as a new business; (2) The conversion of an existing business, whether or not an adult- oriented business, to any adult - oriented business defined herein; (3) The addition of any of the adult- oriented businesses defined herein to any other existing adult- oriented business; or (4) The relocation of any such adult- oriented business. FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted. HEALTH OFFICER. The Health Officer of the city or his or her duly authorized representative(s). -23- INDIVIDUAL VIEWING AREA. An area designed for fewer than five persons to view still or motion pictures, live entertainment, computer generated images, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. NUDITY orA STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radios of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. OPERATE AN ADULT - ORIENTED BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult - oriented business or activities within an adult - oriented business. PERFORMER. Any dancer, entertainer, model or other person who performs Specified Sexual Activities or displays Specified Anatomical Parts in an Adult Oriented Business regardless of whether such person performs for compensation. PERMITTEE. The person to whom an adult- oriented business permit or adult - oriented business performer permit has been issued. PERSON. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. RELIGIOUS INSTITUTION. The term "religious institution" as used in this article is a structure which is used primarily for religious worship and related relip,ious activities at least two days per week. REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means presented as a regular and substantial course of conduct of the person, business, or establishment making the presentation or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 -day period; three or more occasions within a 60 -day period; or four or more occasions within a 1$0 -day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. SCHOOL. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Educ. Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, -24- but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. SEMI -NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. SPECIFIED ANATOMICAL AREAS. Any of the following: (1) Less than completely and opaquely covered human genitals or pubic region, buttocks, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (3) Any device, costume, or covering that simulates any of the body parts included in divisions (1) or (2) of this definition. SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Excretory functions as part of or in connection with any of the other activities described in divisions (1) through (3) of this definition. § 153.441 LOCATION AND ZONING REQUIREMENTS FOR ADULT - ORIENTED BUSINESSES. —(A) No adult- oriented business shall be established, located, or operated in any zone in the city other than the I and I -C zones and only when within the ascribed distances of the certain specified land uses or zones as set forth below: Laj{L} No such business shall be established or located within 1,000 feet from any existing legal or legal non - conforming residential zone or use, unless separated from the residential use or zone by a major freeway (Interstate 10 or State Highway 605) or by a right -of -way at least 100 feet in width. No such business shall be established or located within 1,000 feet from any existing legal or legal non - conforming park, church, or school. -25- The required distances for separation shall be measured usin2 a strai ht level line, without regard to intervening structures or objects. The required distance separation shall be measured as follows. The measurement shall start from the nearest exterior wall of the structure of an adult - oriented business if it is located by itself in a free standing structure or from the tenants ace if the business is located in part of a building. The measurement shall end at the closest lot line of the property containing the sensitive use. The distance requirements imposed by this section shall be evaluated as of the date the adult- oriented business files a business license application with the city. -26- ATTACHMENT #4 CURRENT ZONING CODE SECTIONS Section CHAPTER 124. ADULT- ORIENTED BUSINESSES General Provisions 124.010 Definitions 124.020 Permits required Application and Permits 124.030 Adult- oriented business permit required 124.040 Applications 124.050 Investigation and action on application 124.060 Decision to grant or deny permit; duration of permit 124.070 Transfer of adult- oriented business permits 124.080 Adult- oriented business performer permit 124.090 Investigation and action on application 124.100 Suspension or revocation of adult- oriented business permits and adult - oriented business performer permits 124.110 Appeal of denial, suspension, or revocation Facilities and Employees 124.I20 Adult- oriented business development and performance standards 124.130 Registrar and permit number of employees 124.140 Display of permit and identification cards 124.150 Employment of and services rendered to persons under the age of 18 years prohibited 1997 S-4 93 Miscellaneous Provisions 124.160 Inspection 124.170 Regulations nonexclusive 124.180 Employment of persons without permits unlawful 124.190 Time limit for filing application for permit GENERAL PROVISIONS § 124.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADULT-ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines for viewing by five or fewer persons each are used to snow films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30 % or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establishment that has 30%', or more of its stock in trade or display, which could include but not be 94 Baldwin Park - Business Reg ations [.ignited to books, inagazines, periodicals and /or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forin of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: (a) Regularly features live perform- ances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or (b) Regularly features persons who appear semi -nude; and /or (c) Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTEL or MOTEL. A hotel or rnotel or similar business establishment offering public accommodations for any form of consideration which: (a) Provides patrons with closed - circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) Rents, leases, or lets any room for less than a six -hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated 1997 S-4 i??lages, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified matomi.cal areas. (5) ADULT THEATER. A theater, concert hail, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire, or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such. consideration, MODELING STUDI0 does not include schools maintained pursuant to standards set . by the state Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or snake available specified sexual activities. ADULT- ORIENTED BUSINESS OPERATOR or OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult - oriented business or the conduct or activities occurring on the premises thereof. APPLICANT. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any tither operator, manager, employee, or agent of an adult - oriented business. BAR. Any commercial establishment licensed by the state Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. AdWt-Oriented ,Businesses CHURCH. A structure which is used primarily for religious worship and related religious activities at least two days per week. DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas," the films so described are those the dominant or predominant character and theme of which are the depiction of the enumerated sexual activities or anatomical areas. See Prin8le v. City of Covina, 115 Cal.App.3d 151 ESTABLISHMENT OF AN ADULT - ORIENTED BUSINESS. Any of the following: (I) The opening or commencement of any adult- oriented business .as. a new business; (2) The conversion of an existing business, whether or not an adult- oriented business, to any adult- oriented business defined herein; (3) The addition of any of the adult - oriented businesses defined herein to any other existing adult- oriented business; or (4) The relocation of any such adult - oriented business. FIGURE MODEL. Any person who, for pecuniary compensation, consideration, Hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted. HEALTH OFFICER. The Health Officer of the city or his or her duly authorized representative(s). INDIVIDUAL VIEWING AREA. An area designed for fewer than five persons to view still or motion pictures, live entertainment, computer generated images, or other photographic reproduc- tions, 30% or more of the number of which are distinguished or characterized by an emphasis upon 1997 S-4 95 the depiction or description of specified sexual activities or specified anatomical areas. NUDITY or A STATE OF NVDITT. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. OPERATE AN ADULT- ORIENTED BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in. charge of the conduct of activities of an adult- oriented business or activities within an adult - oriented business. PER.IITTEE. The person to whom an adult - oriented business permit or .adult- oriented business performer permit has been issued. PERSON. Any . individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. REGULARLYMTURES. With respect to an adult theater or adult cabaret, means presented as a regular and substantial course of conduct of the person, business, or establishment making the presentation or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 -day period; three or more occasions within a 60 -day period; or four or more occasions within a 1$0 -day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. SCHOOL. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Educ, Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special 96 B lld-;;! Pant - Busi es-, Remila i ns institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or uruversity. SEMI -NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. SPECIFIED ANATOMICAL AREAS. Any of the following: (1) Less than completely and opaquely covered human genitals or pubic region, buttocks, and female breast below a point immediately above the top of the areola; and (2) Human male ,genitals in a discernibly turgid state, even if completely and opaquely covered. (3) Any device, costume, or covering. that simulates any of the body parts included in divisions (1) or (2) of this definition. SPECIFIED SEXUAL ACTIVITIES, Any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Excretory functions as part of or in connection with any of the other activities described in divisions (1) through (3) of this definition. (Ord_ 1117, passed 9 -4 -96) § 124.020 PERMITS REQUIRED. (A) It shall be unlawful for any person to 1997S-4 engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on in or upon any premises in the city the operation of an adult - oriented business unless the person first obtains an adult - oriented business permit, and, if necessary, adult - oriented business performer permit as required under this chapter; city business Iicense pursuant to Chapter 11 0 of this code; and any other permits required by state or federal law. All such pentriits shall be maintained in full force and effect during the life of the adult- oriented business. (B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult- oriented business, unless the person first obtains from the city an adult- oriented business performer permit as required under this chapter, if necessary: a business license permit as required under Chapter 110 of this code; and any other permit required by state or federal law. All such permits shall be maintained in full force and effect during the life of the adult - oriented business. (Ord. 1117, passed 9.4 -96) Penalty, see § 10.99 APP.LICATIONAND PERMITS § 3-24.030 ADULT - ORIENTED BUSINESS PERMIT REQUIRED. Every person who proposes to maintain, operate, or conduct an adult- oriented business in the city shall file an application with the City Clerk upon a form provided by the city and shall pay a non - refundable filing fee, as established from time to time by resolution adopted by the City Council. (Ord. 1.117, passed 9 -4 -96) Penalty, see § 10.99 § 124.040 APPLICATIONS. (A) Adult - oriented business permits are nontransferable, except in accordance with § 124.070, Therefore, all applications shall include the following information- Aduft-Orjented riiIsiilesses" (1) If the applicant is an individual, thti individual shall state his or her legal name (including any aliases) and address, and submit satisfactory written proof that he or she is at least 18 years of age. (2) If the applicant is a partnership, the partners shall state the partnership's complete name and address, the names of all partners, whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any. (3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process. (13) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity-or an individual with a 10% or greater interest in the business entity shall sign the application. (C) If the applicant intends to operate the adult - oriented business under. a name other than that of the applicant, the applicant shall file the fictitious name of the adult - oriented business and show proof of registration of the fictitious name. (D) A description of the type of adult - oriented business for which the permit is requested and the proposed address where the adult- oriented business will operate, plus the names and addresses of the owners and, if applicable, lessors of the adult - oriented business site. (E) The address to which notice'of action on the application is to be mailed. (F) The names of all employees, independent contractors, and other persons who will perform at the adult - oriented business, who are required by § 124.080 to obtain an adult- oriented business per- former license. (For ongoing reporting requirements, see § 124.080). 1997 S-4 97 (G) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult- oriented business. The sketch or diagram need not be pro- fessionally prepared but must be drawn to a designated scale. (K) A certificate and straight -line, to scale drawing prepared by a registered architect within 30 days prior to the submission of the application depicting the building and the portion thereof to be occupied by the adult- oriented business, and the property lines of any church, school, park, residential zone, or use within 1000 feet of the primary entrance of the adult= oriented business. (I) A. diagram of the off-street parking areas and premises entries of the adult - oriented business showing the location of the lighting system required by § 124.120. (1) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult - oriented business permit. (K) Whether the applicant, any partner if the applicant is a partnership, or any officer of the corporation if the applicant is a corporation has been convicted within the past three years of any of the following= (1) One or more violations of Cal. Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 2668, 266h, 266i, 647(a), 647(b), and 647(d); (2) Any equivalent violation of the code of another state; or (3) The applicant has had an adult- oriented permit revoked by this city or any other governmental entity within the past three years. (Ord. 1117, passed 9 -4 -96) § 124.050 P1Nr�TSTIGAnoN AND ACnON ON APPLICATION. (A) The City Clerk shall, within 15 days of 98 Baldwin Park - Business Regulations submission of an application, determine whether the application is complete. If the City Clerk determines the application is incomplete or the applicant has completed the application improperly, the City Clerk shall, within the aforementioned time period, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time to complete the application properly. in addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (B) Upon receipt of a completed application and payment of the application and permit fees, the City Clerk shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult - oriented business permit. (C) Within 30 days of receipt of the completed application., the City Clerk shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows: (1) The City Clerk shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) if the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. (3) If the application is granted, the City Clerk shall attach to the application an adult - oriented business permit. (4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. (Ord. 1117, passed 9 -4 -96) 1997 S-4 § 124;D610 DECISION TO GRAINT OR DEYY PERMIT; DLTRATION OF PEMMIT. (A) The City Clerk shall grant the application and issue the adult - oriented business permit unless: (1) The building, structure, equipment, or location used by the business for which an adult - oriented business permit is required does not comply with the requirements and standards of the health, zoning, fire, and .safety laws of the city and the state, or with the requirements of this chapter and § I53.4 -41. (2) The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult - oriented .business permit. (3) An applicant is under 18 years of age. (4) The required application fee has not been paid. (5) Within the past three years, the applicant has been convicted of any of the following offenses: one or more violations of any equivalent violation of the code of another state; or the applicant has had an adult- oriented permit revoked by this city or any other governmental entity within the past three years. (B) If the City Clerk grants the application: or if the City Clerk neither grants nor denies the application within 30 days after it is stamped as received (except as provided in § 124.050(A), the applicant may begin operating the adult - oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this chapter, including but not limited to the requirements of § 124.120 and renewal requirements of this section. (C) Each adult - oriented business permit shall expire one year from the date of issuance and may be renewed only by filing with the City Clerk a written Adult- Orienteci Businesses request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applica- tions for renewal shall be acted on as provided in this subchapter for action upon applications for permits. (Ord. 1117, passed 9 -4 -96) § 124.070 TRANSFER OF ADULT - ORIENTED BUSINESS PERMITS, (A) A permittee shall not operate an adult - oriented business under the authority of an adult - oriented business permit at any place other than the address of the adult- oriented business stated in the application for the permit. (B) A permittee shall not transfer ownership or control of an adult - oriented business or transfer an adult - oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the City Cleric stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Clerk in accordance with §§ 124.040 and 124.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Clerk determines in accordance with § 124.060 that the transferee would be entitled to the issuance of an original adult - oriented business permit. (C) No permit may be transferred when the City Clerk has notified the permittee that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. (Ord. 1117, passed 9 -4 -96) Penalty, see § 10.99 1997 S-4 § 124.080 ADULT - ORIENTED BUSINESS PERFORMER PERMIT. 99 (A) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult- oriented business, without a valid adult- oriented business performer permit issued by the city. All persons who have been issued an adult- oriented business permit shall promptly supplement the information provided as part of the application for the permit required by § 124.030, with the names of all performers required to obtain an adult - oriented busi- ness performer permit, within 30 days of any change in the information originally submitted, Failure to submit such changes shall be grounds for suspension and /or revocation of the adult - oriented business permit. (B) The City Clerk shall grant, deny, and renew adult- oriented business performer permits, (C), The application for an adult - oriented business performer permit shall be made on a form provided by the City Cleric. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk. (D) The completed application shall contain the following information and be accompanied by the following documents: (1) The applicant's legal name and any other naives, including "stage names" and aliases, used by the applicant; (2) Age, date, and place of birth; (3) Height, weight, hair, and eye color; (4) Present residence address and telephone number; (5) Whether the applicant has ever been convicted of: 00 M lydwin Parr . Business IRegidationc (a) Any of the offenses set forth in CAL, PENAL CC F-, §§ 31.5, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(x), 647(0), and 647(D) as those sections now exist or may hereafter be amended or renumbered; or (b) The equivalent of the aforesaid offenses outside the state. (6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this division has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (7) State driver's license or identification number; (S) Satisfactory written proof that the applicant is at least 18 years of age; (9) The applicant's fingerprints on a form provided by the Police Department, and a color photograph at least 2" x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (10) If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed. (E) The application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. (P) Upon receipt of a completed application and payment of the application fees, the City Clerk shall immediately stamp the application as complete and promptly investigate the application. (Ord. 1117, passed 9 -4 -96) 1997 S -4 RN 144.070 L'\ L'L7 lJ kNTD L1i11 1xVA\ ON APPLICATION. (A) The City Clerk shall, within five days of submission of an application determine whether the application is complete. If the City Clerk determines that the application is incomplete or that the applicant has completed the application improperly, the City Clerk shalt promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (B) Within five days after receipt of the properly completed application, the City Cleric shall grant or deny the application and so notify the applicant as follows: (1) The City Clerk shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. (3) If the application is granted, the City Clerk shall attach to the application an adult- oriented business performer permit, (4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. (C) The City Clerk shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in division (E) of this section. (D) If the City Clerk grants the application or if the City Cleric neither grants nor denies the applica- tion within five days after it is stamped as complete Ad =mot- Oriented Businesses (except as provided in .§ 124.090(A), the applicant may begin performing in the capacity for which the license was sought. (E) The City Clerk shall deny the application for any of the following reasons: (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application; (2) The applicant is under 18 years of age; (3) The adult - oriented business performer permit is to be used for performing in a business prohibited by state or city law; (4) The applicant has been registered in any state as a prostitute; or (5) The applicant has been convicted of any of the offenses enumerated in § 124.080M)(5). or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application. (F) Each adult - oriented business performer permit shall expire one year from the elate of issuance and may be renewed only by filing with the City Clerk a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits. (Ord. 1117, passed 9- 4.96) Penalty, see § 1:0.99 1997 S-4 101 � x -t Lli ��; 1` j1OI Qi� REVOCATION r 3 ADULT - ORIENTED BUSINESS PERMITS AND ADULT - ORIENTED BUSINESS PERFORMER PERMITS. (A) An adult- oriented business permit or adult - oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section, (B) On determining that grounds for permit revocation exist, the City Clerk shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Clerk but at a minimum shall include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross - examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. (2) Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness, The City Clerk's decision may be appealed in accordance with § 124.110. (C) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the perrnittee or an employee, performer, independent contractor, agent, partner, director, stockholder, or manager of an adult - oriented business: i02 Baldwin Park _ Business Regdations (1) The pezTliittee has Liowingly rnade any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record requirwd to be filed with the City. (2) (a) The permittee, employee, agent, partner, director, stockholder, or manager of an adult - oriented business has knowingly allowed or permitted and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult- oriented business, or in the case of an adult - oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult - oriented business: 1.. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. 2. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. 3. Any conduct constituting a criminal offense which requires registration under CAL. PENAL COTE, § 290. 4. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of CAL. PENAL COLE, §§ 315, 316, 318, or 647(b). 5. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to CAL, PENAL CODE, §§ 31.1 through 313,4, 6. Any conduct prohibited by this chapter. (b) For the purposes of this section, an adult- oriented business permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation. 1997 ,5-4 (3 ) Failure to abide by a-. dl s iplina y' action previously imposed by an appropriate city official. (D) After holding the hearing in accordance with the provisions of this section, if the City Clerk finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following: (1) Suspension of the permit for a specified period not to exceed six months; (2) Revocation of the permit. (Ord. 1117, passed 9 -4 -96) § 124.110 APPEAL OF DENIAL, SUSPENSION, OR REVOCA'T'ION. After denial of an application for an adult - oriented business permit or an adult - oriented business performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action by the City Manager in the manner provided herein. Any person seeking to appeal a decision of the City Clerk shall file a written notice of appeal with the City Clerk no later than 15 days after the date of the notice denying the application or permit renewal or imposing the suspension or revocation. The notice shall state, with specificity, the specific factual and legal basis of the appeal. The City Clerk shall, within ten days, schedule a hearing before the City Manager or his or her designee and notify the appellant, in writing, of the day, time, and location of the hearing which shall be held no later than 30 days from the data the appeal had been fled. The appeal shall be conducted in accordance with the same procedures established by the City Clerk pursuant to § 124.100(A). The City Manager shall provide the appellant with a written decision within ten days of the conclusion of the hearing. If the denial, suspension, or revocation is affirmed on review, the applicant permittee may seep prompt judicial review of such administrative action pursuant to Cal. Civil Proc. Code, § 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the permittee. (Ord. 1117, passed 9 -4 -96) Adult - Oriented Businesses 103 FACILITIESAND EMPLOYEES Control, an adult - oriented business shall be open for business only between the hours of 8:00 a.rn. and § 124.120 ADULT- ORIENTED BUSINESS DEVELOPMENT AIND PERFORMANCE STANDARDS. (A) Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in accordance with the fire department and building regulations and standards adopted by the city, (B) No adult - oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any location outside the building of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (C) All off - street parking area and premise entries of the sexually- oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking; areas and walkways serving the adult - oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the sketch or diagrarn of the premises required by § 124.040. (D) The premises within which the adult - oriented business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building. (E) Except for those businesses also regulated by the state Department of Alcoholic Beverage 1997 5--4 midnight on arty particular day. (F) The building entrance to an adult- oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the City Clerk or designee. No person under the age of 18 years shall be permitted within the premises at any time. (G) All indoor areas of the adult- oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times. (H) Any adult-oriented business which is also an "adult arcade" shall comply with the following provi- sions: (1) The interior of the premises shall be configured in such a manner that there is an unob- structed view with the naked eye, and without the aid of. any cameras, mirrors, or other devices from a manager's station .which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet and which is located in a public portion of the establishment of every area of the premises to which any patron is permitted access for any purpose, including but not limited to the entire interior of individual viewing area, but specifically excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this division must be direct line of sight from the manager's station. (2) The view area specified in division (H)(5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is perritted access to any area of the premises which has been designated as an area in which patrons will not be Permitted. (3) No individual viewing area may be occupied by more than one person at any one time. (4) The walls or partitions between 104 Baldwin Park - Business Regulations individual viewing areas or booths shall be maintained in good repair at all tithes, with no holes or other openings in any wall or partition of any individual viewing area such as to allow physical contact through a partition between the occupant of any such individual viewing area and a person on the outside. All individual viewing areas shall be separated from other Individual viewing Areas by a five -foot buffer. (5) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such individual viewing area or from remaining in the common area of such business, other than the rest- rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (6) The floors, seats, walls, and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions. (1) All areas of the Adult - oriented Business shall be illuminated at a minimurn of the following foot candles, minimally maintained and evenly distributed at ground level: Area Eoatcandles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, in which times lighting shall. be at least 1.25 foot-candles) Arcades 10 Motels /hotels 20 (in public areas) Modeling studios 20 (J) The adult - oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and 1997 S -4 eFnployen. Male patrons and erplo,ces shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities, The restrooms shall be free from axzy adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. (K) The following additional requirements shall pertain to adult - oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities: (1) No person shall perform live entertain - ment for patrons of an adult- oriented business ( "enter- tainer") except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer. (2) The adult - oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. ENTERTAINER shall mean any person who is an employee or independent contractor of the adult - oriented business, or any person who, with or without any compensation or other form of consideration performs live entertainment for patrons of an adult - oriented business. (3) The adult - oriented business shall provide an entraucelexit for entertainers which is separate from the entrance /exit used by patrons. (4) The adult- oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult - oriented business shall provide a minimum three -foot wide walk aisle for entertainers between the caressing room area and the stage with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. Adult - Oriented Businesses (S) No entertainer, either before, during, or after performances, shall have physical contact with any patron, and no patron shall have physical contact with any entertainer either before, during, or after performances by such entertainer. This division shall only apply to physical contact on the premises, including the parking lot, of thy, adult - oriented business. (6) Fixed rail(s) at least 30 inches in height shah be maintained establishing the separations between entertainers and patrons required by this division. (7) No patron shall directly pay or give any gratuity to any entertainer. (S) No owner or other person with mam- gerial control over an adult- oriented business (as that term is defined herein) shall permit any person on the premises of the adult - oriented business to engage in a live showing of the human male or female genitals, pubic area, or natal cleft with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola, and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. (L) Adult- oriented businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards: (2) Adult - oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of 35 persons- (2) Security guards for other adult - oriented businesses shall be required at a ratio of one guard for every 100- person occupancy limit. (3) Security guard(s) shall be charged 1997 S-4 105 with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable pro- visions of state law. No security guard required pursuant to this division shall .act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (M) The foregoing applicable requirements of this section shall be deemed conditions of adult - oriented business permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations. (Ord. 1117, passed 9 -4 -96) Penalty, see § 10.99 § 124.130 REGISTER AND PERMiIT ivTMBER OF EMPLOYEES. (A) Every permittee of an adult- oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police office or health officer of the city. (Ord. 1117, passed 9 -4 -96) Penalty, see § 10.99 § 124.140 DISPLAY OF PERMIT AND IDENTIFICATION CARDS. (A) Every adult - oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult - oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult- oriented business. (B) The City Clerk shall provide each adult - oriented business performer required to have a permit pursuant to this chapter with an identification card containing the name, address, photograph, and permit number of such performer, 145 Baldwin Park - Business Regulations (C) An adult- oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adillt- oriented business. (Ord. 1117, passed 9 -4 -96) Penalty, see § 10.99 § 124.154 EMPLO- VNIENT OF AND SERVICES RENDERED TO PERSONS UNDER THE ACE OF 1S YEARS PROHIBITED. (A) it shall be unlawful for any permittee, operator, or other person in charge of any adult- oriented business to employ, or provide any se-nice for which it requires such permit to, any person who is not at least 18 years of age. (l3) It shall be unlawful for any permittee, operator, or other person in charge of any adult - oriented business to permit to enter or remain within the adult - oriented business any person who is not at least 18 years of age. (Oral. 1117, passed 9 -4 -96) Penalty, see § 10.99 MISCELLANEOUS PROVISIONS § 224.164 INSPECTION. An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division., or other city departments or agencies to inspect the premises of an adult - oriented business for the purpose of insuring compliance with the law and the develop- ment and performance standards applicable to adult - oriented businesses at any time it is occupied or opened for business. A person who operates an adult- oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (Ord. 1117, passed 9 -4 -96) Penalty, see § 10.99 § 124,170 REGULATIONS NONEXCLUSIVE. The provisions of this subchapter regulating adult- oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council. (Drd. 1117, passed 9 -4 -96) § 124.180 EMPLOYMENT OF PERSONS WITHOUT PERMITS UNLAWFUL. It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult- oriented business which provides live entertain. - ment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertaitux7ent who is not in possession of a valid, unrevoked adult- oriented business performer permit. (Ord. 1117, passed 9 -4 -96) Penalty, see § 10.99 § 124.190 TIME LIMIT FOR FILING APPLICATION FOR PERMIT. All persons who possess an outstanding business license heretofore issued for the operation of an adult - oriented business and all persons required by this chapter to obtain an adult - oriented business performer permit must apply for and obtain such a permit within 90 days of the effective date of this chapter. Failure to do so and continued operation of an adult- oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult- oriented business after such time without a permit shall constitute a violation of this chapter. (Ord.. 1117, passed 9 -4 -96) Penalty, see § 10.99 Zo ag Code Part 8. I- CIIVDUSTRI.AL COMMERCL4L ZONE § 153.214 PURPOSE. In order to provide and encourage development of freeway - oriented industrial park and /or office complexes, and to ensure compatibility with adjacent land uses, the regulations set out in this part shall be applicable to all lots classified in the I -C Zone. ('83 Code, § 17.25.010) (Ord, 935, passed - -86) § 153,211 USES PERMITTED. No person shall use, nor shall any person permit the use of, any lot classified in the I -C Zone, for any use other than: (A) Principal uses. (1) Commercial. Any of the uses per- mitted in the F -C Zone. (2) industrial. 'Those principal uses first permitted in the C -M Zone. (3) Conditional uses. Any use permitted Lo,the provisions of § 153.212. % (4) Adult- orielitedbusiness. Adult- oriented business, as defined in Chapter 124 of this code, provided that such adult - oriented business satisfies all the applicable requirements of Chapter 124 and §§ 153.440. and 153,441. , j- (B) Accessory uses. Those uses designated as accessory uses pursuant to this chapter, ('83 Code, § 17.25.020) (Ord. 935, passed - -86) § 153.212 CoNDinoNAL USES. The following uses shall be permitted on any lot classified in an I -C Zone subject to the issuance of a conditional use permit pursuant to §§ 153.630 et seq.. (A) Alcoholic beverages, on -site and off -site sales. (B) Ambulance service. 1997S-4 10i (C) Automobile service stations, (D) Automobile washes. (E) Banks, financial. institutions. (F) Carpet cleaning plants. (G) Drive -up and drive - through establishments. (H) Game arcades. (l) Helistops. (J) Hospitals. (K) Hotels or motels, provided: (1) That the lot upon which the .hotel or motel is proposed to be located lies within 300 feet of the right -of -way line of a freeway, designated as such by the state; (2) That such motel or hotel contains not less than 100 guest units; and (3) That a market feasibility study is sub - mitted contemporaneously with the application for the conditional use permit. (L) Machine shops. (M) Metal fabrication, (N) New vehicles or boats, leasing, rental or sales. (Q) Private recreational facilities. (P) Private schools. (Q) Theaters (walk. -in). (R) Vocational or trade schools. (S) Welding shops. (T) Any use permitted set forth in § 153.152. (U) Mobile recycling facilities, staffed recycling facilities, and bulk reverse vending machines in con- junction with a grocery market having gross annual sales of $2,000,000 or greater, Zoning Code § 153.214 DESIGN RE'VIE'W REQUIREMENTS. All uses, buildings or structures, or signs pro- posed to be constructed, altered or reconstructed after the effective date of this section, on any lot classified in the I-C Zone, shall be subject to the provisions contained in §§ 153.655 et seq. ('83 Code, § 17.25,050) (Ord. 935, passed - -86; A. Ord. 1.050, passed - -91) Part 9. x INDUSTRIAL ZONE § 153.225 PURPOSE. In order to provide and preserve development of restricted commercial uses, and industries engaged in general manufacturing, that are not environmentally detrimental to the general public, and insure com- patibility with adjacent land uses, the regulations set out in this part shall be applicable to all properties classified in the I Zone. ('83 Code, § 17.26.010) (Ord. 818, passed - -81) § 153226 USES PERMITTED. No person shall use, nor shall any person permit the use of, any ,property classified in the I Zone, for any use other than the following: (A) Principal uses, 1) Uses permitted in the C -2 Zone. (2) Adult- oriented business, as defined in Chapter 124 of this code, provided that such adult - oriented business satisfies all the applicable require- ments of Chapter 124 and § § 153 , 440 and 153.441. (3) Automobile supply stores, (4) Assembly and manufacture of electrical appliances such as: (a) Electronic instruments and devices; and 1997S-5 iO3 (b) Radios and phonographs, including manufacturing of small parts such as coils. (5) Cabinet shop. (6) Candy manufacturing. (7) Catering establishments. (8) Ceramic products, manufacture of; including figurines, using only previously pulverized clay and kilns fired only by electricity or low - pressure gas. (9) Confectionery manufacturing, (10) Cookie, donut, ice cream, and pie manufacturing. (11) Cosmetic, perfume, and toiletries manufacturing, (12) Dry cleaners, dyeing establishments.. (13) Furniture and appliance stores. (14) Feed and grain stores, (15) Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes. (16) Ice and cold storage plants, (17) Jewelry manufacturing. (18) Laboratory, film, motion picture, research or testing, studios. (19) Janitorial supplies, wholesale. (20) Machine shops, machine metal engraving. (21) Manufacturing, assembly, compounding or treating of articles or merchandise from the following previously prepared materials: (a) Bone products; Zoning Code ,a'll also comply w, 'h the deij[gn standards set di ' ions (A) and (B) of this section. ('8/3 17. .100) / (A) taping; when requ' ed. All unpaved areas shal3 landscaped h plant material, including some c bination trees, shrubs, ground - cover and turf, ex t t dry- landscape material may be incorporated i o the landscape design. ('83 Code, § 17, . 10) /'ation ation system; w required. All land- shall be service( th an appropriate system, unless the Direct (ands that such system, due to the size, ation and /or of the landscaped area, c of reason - lled and maintained. ('83 Code, § 17.44.120) (Ord. 818, passed -81; Am. Ord. 1062, passed - -93) ADULT-ORIENTED BUSINESSES § 153.440 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply urdess the context clearly indicates or requires a different meaning. ADULT - ORIENTED B'USIN'ESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines for viewing by five or fewer persons each are used to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establish- ment that has 30% or more of its stock in trade or display, which could include but not be limited to 1997S-4 137 books, magazines, periodicals and /or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations, which are distin- guished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: (a) Regularly features live perform- ances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or (b) Regularly features persons who appear semi -nude; and/or (c) Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30 a or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTEL or MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) Provides patrons with closed- circuit television transmission, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) Rents, leases, or lets any room for less than a six -hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (a) ADULT MOTION PICTURE TTIEA.TER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or 138 Zoning Cade similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire, or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the state Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. ADULT ORJENTED BUSINESS OPERATOR or OPERATOR.. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult - oriented business or the conduct or activities occurring on. the premises thereof. APPLICANT. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult- oriented business. BAR. Any commercial establishment licerised by the state Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. 1997 S-4 CHURCH A. stnicture which is used primarily for religious worship and related religious activities at least two days per week. DISTINGUISHED OR CHARACTERIZED BY A N EMPHASIS UPON. The dominant or essential theme of the object described by such phrase. For hstance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas," the film so described are those the dominant or predominant character and theme of which are the depiction of the eriumerated sexual activities or anatomical areas. See .Pringle v. City of Covina, 115 Cal.App.3d 151 (x.981). EST'A,BLISHMENT OF AN ADULT= ORIENTED BUSINESS. Any of the following: (1) The opening or commencement of any adult- oriented business as a new business; (2) The conversion of an existing business, whether or not an adult - oriented business, to any adult- oriented business defined. herein; (3) The addition of any of the adult- oriented businesses defined herein to any other existing adult - oriented business, or (4) The relocation of any such adult - oriented business. FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted. HEALTH OFFICER. The Health Officer of the city or his or her duly authorized representative(s). INDIVIDUAL VIEWING AREA. An area designed for fewer than five persons to view still or motion pictures, live entertainment, computer gener- ated images, or other photographic reproductions, Zoning Cade '10% or more of the number of which are distin- guished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a4fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. OPERATE AN ADULT - ORIENTED BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult- oriented business or activities within an adult- oriented business. PERMITTEE. The person to whore an adult - oriented business permit or adult- oriented business performer permit has been issued. PERSON. Any individual, partnership, copartnership, firm, association., joint stock company, corporation, or combination of the above in whatever form or character. REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means presented as a regular and substantial course of conduct of the Person, business, or establishment making the presen- tation or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 -day period; three or more occasions within a 60 -day period; or four or more occasions within a 180 -day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. SCHOOL. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study 1997 S-4 13 8 A requires] by the Cal. Educ. Code and maintained pursuant to standards set by site state Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or iunior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. SEMI -NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. SPECIFIED ANATOMICAL AREAS. Any of the following: (1) Less than completely and opaquely covered human genitals or pubic region, buttocks, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (3) Any device, costume, or covering that simulates any of the body parts included in divisions (1) or (2) of this definition. SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Excretory functions as part of or in connection with any of the other activities described in divisions (1) through (3) of this definition. (Ord. 1117, passed 9 -4 -96) 138B Baldwin Park - Land Usage § 153.441 LOCATION AND ZONING (2) The real property upon which the use REQUIREMENTS FOR ADULT - ORIENTED %�P__Oop, osed to be located is classified, pursuant to tl� BUSINESSES. in the C -2, General Commercial Zone; (A) No adult- oriented business shall be established, located, or operated in any zone in the city other than the I and I -C zones and only when within the ascribed distances of the certain specified land uses or zones as set forth below: (1) No such business shall be established or located within 1,000 feet from any existing legal or legal non- conforming residential zone or use, unless separated from the residential use or zone by a major freeway (Interstate 10 or State Highway 605) or by a right- of-way at least 100 feet in width. (2) No such business shall be established or located within 1,000 feet from any existing legal or legal non - conforming park, church, or school. (B) The distances set forth in division (A) shall be measured as a radius from the primary entrance of the adult - oriented business to the property lines of the property so zoned or used or, if on the same pro- perty, from the primary entrance of the establishment from which the distance is treasured without regard to intervening structures. (Ord. 1117, passed 9- 4-96) Penalty, see § 10.399 § 1 442 MASSAGE /ACUTRESSUR.E ESTAB I'vIWENTS; CONDITIC3N PERMIT RE RED. (A) Massage /Acu ure establishments shall be permitted pursuan Chapte l8 of this code and this section on if: (1) A conditional use permit first 2001 S -8 (31 No such rnassage /acup slurp establish ant is within 500 feet of any real mperty upon whit there is located an adult hu nwss, any legal or legal on- conforming park, h.ous of worship, educational in tiwtion, residential se or other rnassagelacupresswti facilities; (B) Each condi 'oval use pe rnit shall be sLbject Co a one year time unit, c mmencing with the issuance date of the bus ess tense, except that the applicant may submit ew application for a conditional use permit pri to the conclusion of the once year time limit. If e a licant submits a new application prior to the xpirati of the one yea.- time limit, the current time imit shall extended until the new application ha been decide by the .Planning Commission at a p belie hearing or tie ded by the City Council on ame 1, (C) An violation of either co it of approval o an approved conditional use errnit or Chapter 8 of the code shall be cause for irn ediate revocat' n of the conditional use permit, pen 'ng a lheari by the Planning Commission or City Co cil on peal, for possible revocation. { d. 1117, passed 9 -4 -96; Am. Ord. 1169, passe 7 -01) Penalty, see § 10.999 REGULATIONS § 153.455 PURPOSE. The purpos f the provisi contained in this subchapter ' to establish regulatio for the main- tenance f the animals and fowl %--8 in § .456. 83 Code, § 17.40.010) (Ord. 818, pa ATTACHMENT #5 INITIAL STUDY/ENVIRONMENTAL DATA 1 1lliirr CITE' OF BALDWIN PARK NEGATIVE DECLARATION BALDWIN .................. F A - R, K DATE: February 8, 2007 APPLICANT: City of Baidwin Park TYPE OF PERMIT: Amendment to the Municipal Code FILE NO.: AZC -159a LOCATION OF PROJECT: The proposed amendment wil€ affect any adult - oriented businesses within the City of Baldwin Park. DESRIPTION OF PROJECT: The project invoives approval of amendments to Chapters 124 and 153 of the City's Municipai Code relating to adult- oriented businesses. It is the opinion of the ❑ Zoning Administrator ❑ Planning Commission ❑ City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures ❑ are attached ❑ are not required (Signature) City Planner (Title) Date(s) of Public Notice: 7 Legal advertisement 1f8t�' of a Page (February 7, 2007) ❑ Posting of the properties ❑ Written notice C :\ArnyLAMY1w0RDICEQA\Neg DecstAZC 359a.doc INITIAL STUDY, ENVIRONMENTAL CHECKLIST AND NEGATIVE DECLARATION 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location-, 5. Assessor's Parcel Number: 6. Project Sponsor's Name and Address: 7. General Plan Designation: 8. Zoning: Amendment to the City's Zoning Code (AZC -159 a & b) City of Baldwin Park 14403 1=. Pacific Avenue Baldwin Park, CA 91706 Salvador Lopez Jr., Associate Planner (626) 813 -5261 Citywide NIA City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 Residential All Commercial and industrial Zones 5. Surrounding Land Uses Incorporated in 1956, the City of Baldwin Park is located and Settings: approximately 17 miles east of downtown Los Angeles. The intersection of the 1-10 (San Bernardino) and 1 -605 (San Gabriel River) freeways lies near the southwest corner of this 6.8 square mile City. Although Baldwin Park is predominantly a residential bedroom community, recent efforts have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build- out ", focusing efforts on the Redevelopment of land, especially within close proximity to the freeway. According to the 2000 Census, Baldwin Park has approximately 75,900 persons. This is more than double the population in 1960. Baldwin Park is predominantly a Hispanic working class community, although between the 1990 and 2000 Census has experienced a recent increase in its Asian population. Furthermore, the City has a considerably larger than average household size than the County average, suggesting increased pressure on the City's housing stock and the provision of services. FIGURE 1 PRnJFCT LOCATION MAIP City of Baldwin Park N I Potential Adult-Oriented Business Locations -ILI San Gabriel River Redevelopment Project Area Delta Redevelopment Project Area Not to s ca ie 10. Description of Project: Introduction, Purpose and Need for the Project: At City Council direction, Staff has been reviewing the City's Zoning Code and Zoning Map to determine its consistency with the General Pian update adopted in 2002, and in conjunction with that review, is also working to assure that the Zoning Code complies with all legal requirements. In connection with that directive, Staff has determined areas of particular concern, and has prepared an urgency ordinance, which would place a moratorium on trucking terminalslstorage yards and on adult oriented businesses. In order to protect both the city and the public from any future negative Impacts from the these uses and while the adoption process of the zoning code and design guidelines update is in progress, the city is initiating the process of amending the zoning code. Staff believes that amendment is warranted in that the City's current ordinance regulating truck terminalslstorage yards was established prior to 1983 and is contrary to the City's Council's goals and vision for Baldwin Park as it is not consistent with the priorities of the city's policy makers to continue reshaping the city's image and improve the duality of life in Baldwin Park, nor only for the residents and business owners, but also potential visitors. The amendment pertaining to adult oriented businesses is required in order to be in compliance with subsequent laws adopted or court decisions issued since the last revision to the ordinance in March of 1996. Project Characteristics; A request for approval of an amendment to the City's Zoning Code eliminating Section 153.227 (EE) & 153.197(R) of the City's Zoning Code eliminating trucking terminals /storage yards as a land use in all commercial and industrial zones. An additional request is to modify Chapters 124 and 153 of the City's Municipal Code pertaining to standards regulating adult oriented businesses. 11. Other pudic agencies whose approval is required (e.g., permits, financing approval, or participation agreement) No additional public approvals beyond Planning Commission and City Council will be required for this project. 12. references The following are also referenced where appropriate in the Environmental Checklist f=orm: a. General Plan b. Municipal Code C, Zoning Code d. Emergency Operations Coordinator e. Geological Map — Liquefaction Zones EVALUATION OF ENVIRONMENTAL IMPACTS: 1 } A brief explanation is required for all answers, except "No impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one invoived (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 poflutants, based on a project- specific Screenin0 analvsis,) 2) Ail answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project - (eves, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an Effect may be significant. If there are one or more "Potentially Significant impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly expiain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross - referenced). 5) Earlier analyses may be used where, pursuant to the tiring, program EIR, or other GEQA 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 Ana.iysis Used. Identify and state where they are available for review, b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement 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: l(a). No Impact. The amendment will not have an adverse affect on a scenic vista or result in the obstruction of any scenic views. l(b). No Impact. This amendment will not result in the damage or destruction of scenic resources or historical buildings. l(c). No Impact. This amendment will not substantially degrade the existing visual character and quality of the City of Baldwin Park. I(d). No Impact. The amendment will not create any new source of substantial light or glare which would adversely affect day or nighttime views in the residential zones. Less Than Less Than Potentially Significant Potentially Significant Less Than significant I AESTHETICS Significant with sigripcant No Impact Impact Impact 1 Mitigation Impact In determining whether impacts to agricultural resources are In corppration m Wooid the;)rgiect: ❑ j ❑ aj Have a suhstantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buddings ❑ ❑ ❑ ■ within a state scenic hi hwav? ❑ ❑ ❑ c) Substantially degrade the existing visua; character or farmland. Would the project: quality of the site and its surroundings? a) Convert Prime Farmland. Unique Farmland, or Fatrnland of d) Create a new source of substantiat light or glare which would adversely affect day ar nighttime views in the 1 prepared pursuant to the Farmland Mapping and Monitoring I f ❑ f area? ❑ ! Program of the California Resources Agency, to non - Explanation of Checklist Judgements: l(a). No Impact. The amendment will not have an adverse affect on a scenic vista or result in the obstruction of any scenic views. l(b). No Impact. This amendment will not result in the damage or destruction of scenic resources or historical buildings. l(c). No Impact. This amendment will not substantially degrade the existing visual character and quality of the City of Baldwin Park. I(d). No Impact. The amendment will not create any new source of substantial light or glare which would adversely affect day or nighttime views in the residential zones. Explanation of Checklist Judgements-, II(a). No Impact. The amendment will not convert any type of farmland to a non - agricultural use. II(b). No Impact. The amendment will not conflict with the existing residential zoning designation, agricultural use or a Williamson Act contract. ll(c). No Impact. The amendment will not result in the conversion of farmland to non - agricultural uses. Less Than Potentially Significant Less Than 11 AGRICULTURE RESOURCES significant with significant No Impact Impact Mitigation Impact Incorporation In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Calffornia Agricultural Land Evaluation and Site Assessment My )del (1997) prepared by the California Dept, of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: i a) Convert Prime Farmland. Unique Farmland, or Fatrnland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring I f ❑ � ❑ ! Program of the California Resources Agency, to non - a riculturaf use? ❑ b) Conflict with existing zoning for agricultural use, or a wiliiamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion o` € ❑ ❑ Farmland, to nor,- agricultura[ use? Explanation of Checklist Judgements-, II(a). No Impact. The amendment will not convert any type of farmland to a non - agricultural use. II(b). No Impact. The amendment will not conflict with the existing residential zoning designation, agricultural use or a Williamson Act contract. ll(c). No Impact. The amendment will not result in the conversion of farmland to non - agricultural uses. Explanation of Checklist Judgements: ili(a). No Impact, The amendment does not conflict with any applicable air quality plan. The-City of Baldwin Park is located within the South Coast Air Basin, which is a non- attainment area for selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin Park are a result of not only local emissions, but also of those throughout the region. Ill(b). No Impact. The amendment will not result in a cumulative net increase of pollutants for which the region is in non - attainment. III(c). No Impact. The amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non - attainment. The Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan (SCAQMP). The Ordinance is consistent with that plan and will not have a significant impact upon air quality. III(d). No impact. The amendment will not expose any nearby sensitive receptors to substantial pollutant concentrations. III(e). No Impact. The amendment will not create objectionable odors affecting a substantial number of people. Less Than Potentially Significant Less Than IV BIOLOGICAL RESOURCES significant With Significant No Impact Impact Mitigation Impact Would the project: a) Have a substantial adverse effect, either directly or through YOCeritialiy Less Than S habitat modifications, on any species identified as a AIR QUALITY Sicnllicant wit h V n5 ffTichaanr, 5LBi s i Plo f r p asi ❑ Impact Miligalior I Impact i Department of Fish and Game or U.S, Fish and wildlife !n orpera Ear. W ,ere available, the significance criteria established by the ; b) Have a substantial adverse effect on any riparian habitat or . applicable air quality managerment or air poltuiion control district ❑ ❑ ❑ Department of Fish and Game or U.S. Fish and Wildlife f ( may he rolief upcn tc make the following determinations. would the Service. project: i E ❑ El 11 a) Conflict with or obstruct impiement-ation of the applicable air � f quaiity plan? ❑ E] ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air quaiity violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an appl;'cabie federal or state ambient air ❑ ❑ ❑ . quality standard (including re #easing emissions which exceed quantitative thresholds for ozone precursors ? ❑ ❑ ❑ 1 d) Expose sensitive receptors to substantia# pollutant trations? ❑ El ❑ N e objectionabl e odors affecting a substantial number i le:? Explanation of Checklist Judgements: ili(a). No Impact, The amendment does not conflict with any applicable air quality plan. The-City of Baldwin Park is located within the South Coast Air Basin, which is a non- attainment area for selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin Park are a result of not only local emissions, but also of those throughout the region. Ill(b). No Impact. The amendment will not result in a cumulative net increase of pollutants for which the region is in non - attainment. III(c). No Impact. The amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non - attainment. The Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan (SCAQMP). The Ordinance is consistent with that plan and will not have a significant impact upon air quality. III(d). No impact. The amendment will not expose any nearby sensitive receptors to substantial pollutant concentrations. III(e). No Impact. The amendment will not create objectionable odors affecting a substantial number of people. Less Than Potentially Significant Less Than IV BIOLOGICAL RESOURCES significant With Significant No Impact Impact Mitigation Impact Would the project: a) Have a substantial adverse effect, either directly or through 1 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 j regional plans, policies, regulations, or by the California f ❑ ❑ ❑ Department of Fish and Game or U.S. Fish and Wildlife f Service. c) Have a substaniiaii adverse effect on federally protected I Less Than wetlands as defined by Section 404 of the Clean water Act l Potentialiy Significant (lncluding, but not limited to, marsh, vernal pool, coasta3, ❑ ❑ ❑ Significant etc.) through direct re;movM, `iiiing, hydrological interruption, significant No Impact , or other means? Mitigation Impact d) Interfera substantiaily with the movement of any native i Incorporation resident or migratory fish or wildlife Species or with r t ❑ ❑ i 0 estabished native resident or migratory wildlife ccrridors, or 1--1 ❑ ❑ ■ impede the use of native wildlife iursery sites b) Cause a substantial adverse change in the significance of . an archaeological resource pursuant to Section 15064.5? e) Conflict with any local policies or ordinances protectingg 1:1 11 C) Directly or indirectiy destroy a unique paleontological biological resources, such as a tree preservation policy or ❑ ❑ ❑ ■ ordinance? ! d) Disturb any human remains, including these inferred formal outside of cemeteries? f) Conflict with the provisions of an adopted Habitat i Conservation Plan, Naturat Community Conservation Plan, r ❑ ❑ ■ or other approved local, regional, or state habitat LJ conservation clan? i Explanation of Checklist Judgements: IV(a). No Impact. The amendment will not have any effect on any species identified by the California Department of f=ish and Game or the US Fish and Wildlife Service. IV(b). No Impact. The amendment will not have a substantial adverse effect on any riparian habitat or ether 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 SeMce. IV(c). No Impact. The amendment will not have a substantial effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. There are no federally protected wetlands within the City of Baldwin Park. IV(d). No Impact. The amendment will not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is within an urbanized area and not within five (5) miles of a wildlife corridor. IV(e). No Impact. The amendment does not conflict with any local policies or ordinances protecting biological resources, as the City of Baidwin Paris does not have any ordinances protecting trees, wildlife, etc. IV(f). No Impact. The amendment will not conflict with any provisions of an adopted habitat conservation plan, natural community conservation plan or any local, regional or state habitat conservation plan, as the City's General plan does not indicate any of the referenced plans which could be affected by the project proposal. Less Than Potentialiy Significant Less Than V CULTURAL RESOURCES Significant with significant No Impact Impact Mitigation Impact Incorporation Would the project: ❑ ❑ ❑ i 0 a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 150645? ❑ ❑ ❑ b) Cause a substantial adverse change in the significance of . an archaeological resource pursuant to Section 15064.5? El 1:1 11 C) Directly or indirectiy destroy a unique paleontological resource or site or unique geological feature? 1:1 11 11 d) Disturb any human remains, including these inferred formal outside of cemeteries? Explanation of Checklist Judgements: V(a), No Impact. The amendment will not cause a substantial adverse change in the significance of a historical resource. V(b). No Impact. The amendment will not cause a substantial adverse change in the significance of an archaeological resource. V(c). No Impact. The amendment will not directly or Indirectly destroy a unique paleontological resource or geological feature. V(d), No Impact. The amendment is not expected to disturb any human remains. The City of Baldwin Park does not have any cemeteries. VI i I GEOLOGY AND SOILS j I PcitenMliy significant Impact Less Than significant with Vifigation ncor oration t fessThan Signi cant Impact No impact I �_ Wavid Me project i a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death invo €ving: i) Rupture of a known earfhquake fault, as delineated or. I the most recent Alquist- Prioto Earthquake v=ault Zoning Map I ❑ ❑ ❑ � issued by the State Geologist for the area or based on outer substantial evidence of a known fault? Refer to OMsion of Mines and Geology Special Publication 42. ii) Strong seismic ground shakfng? ❑ ❑ ❑ 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 geotogic unit or soil that is unstabie, or that I` would become unstable as a result of the project, and ! t ❑ ❑ ❑ potentially result in on or offsite landslide, lateral spreading, subsidence, Vq uefaction or costa se? d} Be located on expansive soil, as defined in Table 1E -1 -B of the Uniform Building Code (1884), oreating substantial risk ❑ ❑ ❑ to life or property? 6) Have soNs incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systerns i ❑ ❑ ❑ where sewers are not available for the disposal of I wastewater? i Explanation of Checklist Judgements: VI(a). No Impact, The amendment will not expose people or structures to potential substantial adverse effects involving the rupture of a known earthquake fault. According to the City's General plan, there are no active faults within the City of Baldwin Park; therefore no Alquist- Priolo Special Study Zones are within the City. Although there are no active faults within the City of Baldwin Park, there are several major faults surrounding the City, which have the potential for causing major damage; however, the occurrence of direct ground rupture is not likely according to the City's General Plan. Potential for this type of activity is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. According to the Seismic Hazard Zones Map dated 3199 from the State Department of Geology and Mines, the City of Baldwin Park 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 cf soils. VI(c). No Impact, The City is not located on a geological unit or soil that is unstable and could result in landslide, spreading liquefaction or collapse according to the Seismic Hazards Zone Map dated March 25, 1999 from the State geologists Office. VI(d), No Impact, The City is not located on 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 iocated does have sewers available for the disposal of wastewater. f=urthermore, the soils at the proposed location can adequately support the use of the sewers. Explanation of Checklist Judgements: VII(a). No Impact. The amendment will not create a significant hazard to the public through the routine transport use or disposal of hazardous materials. It is not anticipated that there will be any hazardous materiajs associated with the proposed project. Vll(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 project 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, which is included on a fist of hazardous materials sites. Less Than V11 HAZARDS AND Potentially � significant Less Than HAZARDOUSMAT RIALS Significant With Significant No Impact impact Mitigation Impact € mpact � Incorporation Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous € El E] El materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident ❑ (� 11 conditions involving the release of hazardous materials into ; L_.1 the environment? c} Emit hazardous emissions or handle.hazardous or acutely hazardous materials, substances, or waste within one- ❑ ❑ ❑ quarter mile of an exlstin2 or pro used school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section l ❑ ❑ ❑ 65962.5 and, as a result, would tt create a significant hazard to the u'ofic or the environment? i 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 ❑ ❑ ❑ E result in a safety hazard for people residing or working in i._ _ the project area? _ } f) For a project wlthtn the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ❑ ❑ ❑ 0 working in the ro ect area? g) impair implementation of or physically interfere with an I adopted emergency response plan or emergency ❑ ❑ ❑ evacuation Ian? h) Expose people or structures to a significant risk of toss, injury or death involving wildtand fires, including where ❑ ❑ ❑ wildtands are adjacent to urbanized areas or tivt ere residences are intermixed with wildlands? ..... ..... . Explanation of Checklist Judgements: VII(a). No Impact. The amendment will not create a significant hazard to the public through the routine transport use or disposal of hazardous materials. It is not anticipated that there will be any hazardous materiajs associated with the proposed project. Vll(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 project 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, which is included on a fist of hazardous materials sites. VII(e). No Impact. The city is not located within an airport land use plan or within two files of a public airport; and therefore world not create a hazard to people residing or rs.oring in the area. VI1(f). No Impact. Since the city 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. VI I(g), No Impact. According to the City's Emergency Operations Coordinator, the amendment will not impair implementation or physically interfere with the City's adopted emergency plan or emergency evacuation plan. VII(h). No Impact. The City is within a highly urbanized area and will therefor not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Explanation of Checklist Judgements: VIII(a). No impact. The proposed amendment will not violate any water quality standards or waste discharge requirements. Vlli(b). No impact. The proposed amendment will not deplete groundwater supplies or interfere with groundwater recharge. Less T an Vill HYDROLOGY AND WATER Potentially significant Less Than 3 � QUALITY Significant With Significant No Impact Impact Mitigation Impact orate_ fluid fhe proiect; ❑ ❑ ❑ a) V'aiate any water quality standards or waste discharge requirements? ; I b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deftcit in aquifer volume or a lowering of the focal groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a fevel which would not support existing land uses or planned uses for which ' permits have been granted)? I C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a € stream or river, in a manner which would result in ❑ ❑ ❑ ■ substantial erosion or siltation on or offsite? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount ❑ ❑ ❑ i 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 ❑ ❑ �❑ j systems or provide substantial additional sources of I polluted runoff. j_ El El El ,j Otherwise substantially degrade water quality? Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Mae or other flood hazard delineation map? ❑ El El h) Place within a 100 -year flood hazard area structures which impede or redirect flood flows? ; i) expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a ❑ ❑ ❑ ? ® result of the failure of a levee or dam? ❑ ❑ ❑ j) inundation by seiche, tsunami, or mudflow? Explanation of Checklist Judgements: VIII(a). No impact. The proposed amendment will not violate any water quality standards or waste discharge requirements. Vlli(b). No impact. The proposed amendment will not deplete groundwater supplies or interfere with groundwater recharge. VIII(c). No Impact. The proposed amendment will not substantially alter the course of an adjacent stream or river w.hiCfZ would reS�lt in erosion cr siltation of the site as there is not a Stream or river running through the City. Vill(d), No Impact. The proposed amendment will not substantially alter the drainage patterns of the City and will not alter the course of a stream or rivers, as there are no streams or rivers in the City. VM(e). No Impact, The proposed amendment will not create or contribute run -off, which would exceed the capacity of the existing storm drain system. Nor will the proposed amendment provide any polluted run -off. VIIl(f). No Impact. The proposed amendment will not degrade the existing water quality. Vlll(g). No Impact. The amendment will not place housing within a 100 -year flood hazard area. Furthermore, the City is not within a Flood Zone, Federal Emergency Management Association (FIRMA) has the City of Baldwin Park classified as Zone C- 060100. VII1(h). No Impact, The City of Baldwin Park is not within a 100 -year flood hazard area. FEMA has classified the City of Baldwin Park as Zone C----- 060100. Vill(i), No Impact. The amendment will not expose people or structures to a significant risk of loss involving flooding as a direct result of the failure of a levee or dam. Although the Santa Fe dam is located directly adjacent to the City across Arrow Highway, large -scale flooding as a result of failure of this particular darn is negligible due to the design of the darn in that water is present in the darn only a few months of the year. VIII(j)_ No Impact. Since Baldwin Park is an inland City, it could not experience a tsunami and the few bodies of water in Baldwin Park are small enough that they would not be able to produce a seiche large enough to cause any damage. Furthermore, Baldwin Park is an urbanized City with no hillsides to speak of and therefore, damage caused by mudflow would be negligible. Explanation of Checklist Judgements: IX(a). No Impact. The proposed amendment will not physically divide an established community, IX(b). No Impact. The proposed amendment is not in conflict with any land use plan, policy or regulation of an agency that has jurisdiction over the project. 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. Less Than PotenVa €iy Significant Less Than tX ..AND USE AND PLANNING Significant Mth significant No Impact Impact Mitigation Impact Incar oration Would the projecL ❑ a) Physically divide an established community? b) Conflict will; any applicable land use plan, poficy, or regulation of an agency with jurisdiction over the project (including, but not firn4ed to the general plan, specifc plan, El 1 local coastal ,program, or zoning ordinance) adopted for the I purpose of avc1ding or mitigating an environmental effect? cj Confiicl with any applicable habitat conservation plan or natural community conservation plan? { Explanation of Checklist Judgements: IX(a). No Impact. The proposed amendment will not physically divide an established community, IX(b). No Impact. The proposed amendment is not in conflict with any land use plan, policy or regulation of an agency that has jurisdiction over the project. IX(c). No Impact. Currently the City has no habitat conservation plans or natural community conservation plans which would possible be affected by the proposed amendment. Explanation of Checklist Judgements: X(a). No Impact. The amendment will riot result in the loss of a known mineral resource that would be of future value to the region or the residents of the State. There are no known mineral resources located within the City of Baldwin Park according to the City's General Plan. X(b), No impact. The amendment will not result in the loss of a locally important mineral resource recovery site, as the City's General Plan does not indicate any known mineral resources. Less Than Less Than Potentially ! Signif cant Less Than Signifcant X MINERAL RESOURCES significant with significant No Impact With impact Mitigation Impact j Impact Mitigation Incorporation Would the project: i Incorporation a) Result in the foss of availabliity of a known mineral resource that would be of future value to the region and the residents j of the State? � ❑ a) E=xposure of persons to or generation of noise levels in excess of standards established in the focal general plan or b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local generai plan, specific plan, or other lard se fan? ❑ ❑ ❑ Explanation of Checklist Judgements: X(a). No Impact. The amendment will riot result in the loss of a known mineral resource that would be of future value to the region or the residents of the State. There are no known mineral resources located within the City of Baldwin Park according to the City's General Plan. X(b), No impact. The amendment will not result in the loss of a locally important mineral resource recovery site, as the City's General Plan does not indicate any known mineral resources. Explanation of Checklist Judgements: XI(a), No Impact, The proposed amendment will not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan, noise ordinance or applicable standards of other agencies. XI (b). No Impact. The amendment will not result in the exposure of persons to generation of excess ground borne vibration or ground borne noise levels, XI(c), No Impact. The amendment will not result in a substantial permanent increase of ambient noise levels. XI(d). No Impact. The amendment will not result in a substantial or periodic increase in ambient noise levels above levels that exist. Less Than Pofentia #ly Signifcant Less Than XI NOISE Significant With Significant No Impact Impact Mitigation Impact Incorporation V.Iould the project result in: � � ❑ a) E=xposure of persons to or generation of noise levels in excess of standards established in the focal general plan or noise ordinance, or appticaoie standards of other agencies? ❑ ❑ ❑ b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels. ❑ i C) A substantial permanent increase in ambient noise levels in the project vicinity above iavels existing without the project? ❑ ❑ ■ d) A substantial temporary or periodic increase in ambient noise levels In the project vicinity above levels existing without the project? _ e) For a project iocaied within an airport land use plan or, where such a plan has not been adopted, within two miles � of a public airport or public use airport, would the project � ❑ expose people residing or working in the project area to ! excessive noise levels? ❑ ❑ f) For a project within the vicinity or a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Explanation of Checklist Judgements: XI(a), No Impact, The proposed amendment will not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan, noise ordinance or applicable standards of other agencies. XI (b). No Impact. The amendment will not result in the exposure of persons to generation of excess ground borne vibration or ground borne noise levels, XI(c), No Impact. The amendment will not result in a substantial permanent increase of ambient noise levels. XI(d). No Impact. The amendment will not result in a substantial or periodic increase in ambient noise levels above levels that exist. X,(e) No Irn a` t The City of La�d�vin Parr, Is' not located within on airport land use -!an not `within U i airport 4 uW� within two miles of an airport. Therefore, the amendment will not expose people to excessive noise levels. X10). No Impact. The C'lty of Baldwin Park is not within the vicinity of a private airstrip. Therefore, the amendment will not expose people to excessive noise levels. Explanation of Checklist Judgements: XII(a). No Impact. The proposed amendment will not result in a substantial population increase. The use is in compliance with the City's General Flan. X11(b). No Impact. The proposed amendment will not displace substantial number of existing housing necessitating the construction of replacement. Xil(c). No Impact. The proposed amendment will not displace substantial number of individuals /families necessitating the construction of replacement housing as the amendment will be in compliance with the General Plan and applicable zoning regulations. Less Than Less Than Potentially significant Potentially Significant Less Than Significant X11 POPULATION AND HOUSING Significant Impact with Mitigation sigriftanf Impact No Impact � Impact incur oration Wouid the project: i _ a). induce substantial population growth in an area, efther directly (for example, by proposing new homes and governmental facilities, need for new or physically altered I businesses) or indirectly (for example, through extension o{ El � � ■ roads or other infrastruoture ? significant environmental impacts, in order to maintain acceptable b) Displace substantial numbers of existing housing, service ratios, response times or other performance objectives for necessitating the construction of replacement housing ary of the public services? ❑ ❑ El � ❑ elsewhere? El E] a) Fire protection? b) Police protection? c) Displace substantial numbers of people, necessitating the f d) Parks? i E construction of replacement housing elsewhere? Explanation of Checklist Judgements: XII(a). No Impact. The proposed amendment will not result in a substantial population increase. The use is in compliance with the City's General Flan. X11(b). No Impact. The proposed amendment will not displace substantial number of existing housing necessitating the construction of replacement. Xil(c). No Impact. The proposed amendment will not displace substantial number of individuals /families necessitating the construction of replacement housing as the amendment will be in compliance with the General Plan and applicable zoning regulations. Explanation of Checklist Judgements: X111(a). No Impact. The proposed amendment will not result in the additional need for new or altered Fire protection and will not alter acceptabie service ratios or response times. Less Than Potentially significant Lass Than Mill PUBLIC SERVICES Significant with significant No Impact Impact Mitigation Impact Incorporation Would the project result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause ' significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for ary of the public services? ❑ ❑ El � ❑ ❑ ❑ r---7 � ❑ El ❑ ❑ ❑ ❑ 0 a) Fire protection? b) Police protection? C) Schools? I d) Parks? i E e} Other public facilities? Explanation of Checklist Judgements: X111(a). No Impact. The proposed amendment will not result in the additional need for new or altered Fire protection and will not alter acceptabie service ratios or response times. Currently Station 29 serves this City, which is located at Los Angeles Street and Maine Avenfue., XIII(b). No Impact. The proposed amendment will not result in the additional need for new or altered police protection. Mi(c). No Impact. Since the proposed amendment vvill not increase the City's population (i.e. new housing), there will net 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. XII1(d). No Impact. Since the amendment is not intended to increase the City's population which in turn increases the need for public services, the amendment will not result in the need to modify or add new any new parks or recreational facilities. The City's Development Tax collected prior to occupancy is intended to offset any potential dernand for recreational facilities, XII1(e). No Impact. The proposed amendment will not require the need for new or physically altered public, facilities. Explanation of Checklist Judgements. XIV(a). No Impact. The proposed amendment will not increase the use of existing neighborhood and regional parks or other recreational facilities, X1V(b). No Impact. The proposed amendment does not require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Less Than Less Than Potentially Signi % cant Less Than Significant XIV RECREATION Significant With Significant No Impact With Impact Mitigation iMpact Impact Mitigation Incomoration a) Would the project increase the use of existing lncor oration neighborhood and regional parks or other recreational ❑ F-1 ❑ facilities such that substantial physical deterioration of the a) Cause an increase in traffic which is substantial in relation facility would occur or be accelerated? b) Does the protect include recreational facilities or require the construction or expansion of recreational facilities which ❑ ❑ ❑ . might have an adverse physical effect on the environment? vehicle traps, the volume to capacity ratio on roads, or Explanation of Checklist Judgements. XIV(a). No Impact. The proposed amendment will not increase the use of existing neighborhood and regional parks or other recreational facilities, X1V(b). No Impact. The proposed amendment does not require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Less Than Potentially Significant Less Than XV TRANSPORTATIQNiTRAFFIC Significant With Significant No Impact Impact Mitigation Impact lncor oration Would the prajoc#: 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 1 ❑ ❑ ❑ vehicle traps, the volume to capacity ratio on roads, or 1 con2estio n at intersections)? i —( b) Exceed, either individually or cumulatively, a ievel 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 sharp carves or dangerous intersections) or ❑ ❑ ❑ incompatible uses (a. p., farm eau; ment)? ❑ ❑ ❑ e) Result in inadequate emergency access? ; f) Result in inadequate parking capacity? ? 1 ❑ ❑ ❑ Less Than significant impact gi with adopted policies p €ens, or programs r alternative transpt]Ctat3on �e.�., bus turnouts, supportin g F-1 ❑ ❑ ■ a) Exceed wastewater treatment requirements of the ❑ btc ale racks)? ❑ applicable Regional water Quality control Board? Explanation of Checklist .judgements: XV(a). No Impact. The proposed amendment will not cause an increase in traffic to the existing traffic load and capacity of the street system. XV(b). No Impact. The amendment will not exceed a level of service standard established by the County Congestion Management Agency for designated roads or highways. XV(c). No Impact. The amendment will not result in a change or increase in air traffic patterns or levels that result in substantial safety risks. XV(d), No Impact. The amendment will not increase hazards due to a design feature or incompatible uses, as the amendment does not include new construction of streets, XV(e). No impact. The amendment will not result in inadequate emergency access XV(f). No Impact. The proposed amendment will not have an impact on existing parking facilities or create a need for new parking. XV(g). No Impact. The proposed amendment will not conflict with adopted policies, plans or programs supporting alternative transportation. XVI UTILITIES AND SERVICE SYSTEMS AoterrUatiy significant Impact Less 'than significant With Mitigation ncor oration Less Than significant impact No Impact Would the project a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional water Quality control Board? b) Require or result to 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 ❑ n El construction of which could cause signlircant environmental � � J effects? d) Have sufficient water supplies available to serve the project I from existing entitlements and resources, or are new or I ❑ ❑ ❑ 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 ❑ r ❑ accommodate the project's solid waste disposal needs? g) Compty with federal, state, and local statutes and l regulations to ❑ El ❑ related solid waste? Explanation of Checklist Judgements: XVI(a). No Impact. The proposed amendment will not exceed }wastewater treatment requirements of the Regional Water Quality Control Board. Wl(b). No Impact. The proposed amendment will not require the construction of new water or wastewater treatment faciijt!°S or the expansion of existing facilities, XVI(c). No Impact. The proposed amendment will not result in the need to construct new storm water drainage facilities or to expand existing facilities. XVI(d), No Impact. The amendment will not affect existing water supplies provided to the City. XVI(e). No Impact. The proposed amendment does not involve a project that will result in a determination by the watershed treatment provider that it has adequate capacity to serve a demand. XVI(f). No Impact, Waste Management the City waste hauler utilizes the Puente Hills landfill which has enough permitted capacity to accommodate the proposed project's waste disposa{ needs. 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 proposed amendment does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory. XVII(b). No Impact. The project does not have 'Impacts that are individually limited by cumulatively considerable. A majority of the classifications within this initial study will have no impact by the proposed amendment to the City's Zoning Code. XVII(c). No Impact. The proposed amendment does not create environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. less Than XV11 MANDATORY FINDINGS OF Potentially significant � Less Than SIGNIFICANCE i Significant with significant No impact Empact Mitigation Impact Incorporation Does tht, project: i a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or i wildlife species, cause a flsh or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or r t ❑ animal community, reduce the number or restrict the range L. of a rare or endangered plant or animal or eliminate important examples of the major periods of caVornia history or prehistoco b) Does the project have impacts that are individually limited, but cumulatively considerab €e? ("Cumulatively ccnsideraNe" means that the incremental effects of a ❑ ® € project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future ro'ects. C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either El i directly or indirectly? Explanation of Checklist Judgements: XVII(a). No Impact. The proposed amendment does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory. XVII(b). No Impact. The project does not have 'Impacts that are individually limited by cumulatively considerable. A majority of the classifications within this initial study will have no impact by the proposed amendment to the City's Zoning Code. XVII(c). No Impact. The proposed amendment does not create environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. P r A• R, K t. ITEM NO. --V- CITY OF BALDWIN PARK AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Rosemary M. Gutierrez, Chief Deputy City Clerk DATE: Marcie 21, 2007 SUBJECT: Day Laborer Ordinance This report requests the City Council introduce for first reading, ordinance No. 1302 relating to places permitted for solicitation. BACKGROUND DISCUSSION At its meeting of December 6, 2006, City Council directed staff to prepare an ordinance that would prohibit solicitation of day laborers. Attached is a proposed ordinance to prohibit solicitation in (i) areas which are intended for vehicular use or landscaped parkways and (ii) areas developed for pedestrian use if the solicitation will reduce the pedestrian passageway to less than 4 feet. Please note that this prohibition will apply not just to day laborers, but to all solicitors, e.g., the Girl Scouts selling cookies from a folding table, people peddling oranges from the parkways, and people selling merchandise while standing outside of parked cars. The ordinance does not stop a person from standing on a sidewalk and soliciting if that activity still leaves the required width for passage. The existence of alternate locations where solicitation is permitted is one of the primary factors which the courts look at in determining the constitutionality of an ordinance restricting solicitation. In addition to amending the locations where solicitation may occur, the proposed ordinance amends the penalty provision. Presently, the Municipal Code attempts to regulate solicitation by day laborers through a different mechanism and makes violation of its requirements a misdemeanor. The proposed ordinance makes violation of these new provisions a "wobbler," meaning that although violation is a misdemeanor, it may be reduced to an infraction at the discretion of the enforcing or prosecuting authority. Issuance of infraction citations should be more effective in addressing the problems which led to this ordinance, is generally fairer to persons inadvertently blocking passageways, and will certainly be more economical to enforce. RECOMMENDATION Staff recommends City Council introduce for first reading, Ordinance No. 1302 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 97.135, 97.136 AND 97.137 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATION ". Attachment(s) • Ordinance No. 1302 ORDINANCE NO. 1302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SECTIONS 97.135, 97.136, 97.137 AND 97.138 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATION The City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The City Council hereby finds and determines as follows: A. The City of Baldwin Park maintains a system of streets, the purpose of which is to provide for the public health and safety by making available areas where motorized vehicles may travel with the least possible conflict with pedestrians. To provide an additional barrier between vehicular and pedestrian travelers and to improve the aesthetic character of the City, the paved portion of the public right -of -way dedicated to vehicular use is usually separated from the areas utilized for pedestrian travel by parkways developed with ground cover and other landscaping. B. Commercial and industrial property owners within the City are required by the City to maintain areas on their properties which are dedicated to use by persons occupying such properties or utilizing the businesses and services located on such properties for parking of their motorized vehicles so as to assure the vehicular access to such businesses and services which is necessary for the economic viability of such businesses and services. The City, too, maintains areas which are developed as parking lots to supplement the parking provided by private property owners so as to increase the ease of access to public and private facilities and to improve traffic flow by allowing for the restriction or elimination of parking on the street. Such parking areas may also include landscaping to provide shade and aesthetic improvement to the area, and walkways designated for use by pedestrians intended to help them travel safely from their parked vehicles to the structures on site. C. The City further maintains a system of sidewalks within public rights -of- way, generally adjacent to the public streets and/or the City's or privately owned properties' parking areas, the purpose of which is to provide for the public health and safety by providing places where pedestrians, including but not limited to persons in wheelchairs or utilizing other assisted modes of transportation, may safely travel without conflict with motorized vehicles. Minimum size standards for sidewalks to accommodate access for handicapped individuals have been developed by federal, state and county governments and clear passageways of such width are necessary to maintain that access. D. Commercial and industrial properties may also be developed with areas where vehicular access is restricted or prohibited so that pedestrian access to the businesses and services on the properties is more safely accommodated, including access by handicapped persons. One purpose of the design review required by the 4100'71002U49)57.01 Ordinance No. 1342 Page 2 City for such properties is, in fact, to assure that the conflict between vehicles and pedestrians on private property is minimized to the greatest extent possible, to avoid the potential for injury to persons or property which arise from such conflicts. E. Pursuant to constitutional requirements, publicly owned sidewalks, as well as certain areas within certain commercial shopping centers, are recognized as a forum for the expression of activities protected by the First Amendment to the United States Constitution. Among such protected activities is the use of such areas for the solicitation of employment, business, or contributions of money or other property. F. Usage of areas developed and intended for non- pedestrian use, such as streets, parkways, driveway approaches, and parking lots, by persons who sit, stand or walk in such areas in order to solicit employment, business, or contributions, or by persons in vehicles who seek to solicit or respond to solicitation of employment, business or contributions from persons sitting, standing or walking in such areas creates a threat to the public health and safety, by significantly increasing the potential for damage to persons or property, including the potential for deadly accidents, which may involve the persons who are not in locations intended for pedestrians and/or others, as vehicles attempt to avoid persons in such areas, drivers of vehicles are distracted by such persons, and traffic becomes congested due to the interference with the normal flow of traffic caused by the use of such areas for such non- vehicular uses. G. Furthermore, solicitation activities on sidewalks or other areas developed and intended for pedestrian passage may, if they interfere with the intended purpose of such areas, also create a threat to the public health and safety by causing pedestrians or persons requiring assisted mobility to have to leave appropriately paved and segregated areas and move into areas where the footing may be uneven, such as landscaped areas, or into areas where vehicular traffic is present. H. It is the intention of the City Council in adopting this ordinance to strike a balance between the needs of vehicles and pedestrians, including handicapped individuals, for safe passage and the constitutional rights of persons to utilize for solicitation those areas which have been determined by law to be public forums. SECTION 2. Section 97.135 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.135 DEFINITIONS. For the purposes of this subchapter, the following meanings shall apply: EMPLOYMENT. Any service, industry, or labor performed by a person for wages or other compensation, or under any contract for hire, whether written or oral, express or implied. PARKING AREA. Any portion of any property, whether publicly or privately owned, which is designed for the parking of vehicles including but not limited to any areas reserved within such portion of such property for access by vehicles to such Ordinance No. 1302 Page 3 parking (e.g., a drive aisle), for landscaping, or for pedestrian access to structures on the property from a parked vehicle. PEDESTRIAN AREA. Any area of any publicly or privately owned property which is not within a parking area but which is designed for the passage of pedestrians, such as public sidewalks and walkways adjacent to privately owned structures. PARKWAY. Any strip of land abutting a street on one side and a pedestrian area or parking area on the other which is either (i) not paved but covered with ground cover or otherwise developed with landscaping, or (ii) developed with a driveway or driveway approach designed for the passage of motorized vehicles. SOLICIT. The making of any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or a request for money or other property; or of any request, offer, enticement, or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. A solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place. STREET. Any public street, avenue, boulevard, lane, road, alley, or other publicly owned property which is designed primarily for the passage of motorized vehicles. SECTION 3. Section 97.136 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.136 PROHIBITION OF SOLICITATION IN STREETS, PARKWAYS AND PARKING AREAS. (A) It is unlawful for any person to solicit while lying, sitting, standing or walking in any place which is a street, parkway, or parking area. (B) It is unlawful for any person, while the occupant of a vehicle, to solicit any person who is lying, sitting, standing or walking in any place which is a street, parkway, or parking area. SECTION 4. Section 97.137 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.137 SOLICITATION IN PEDESTRIAN AREAS. It is unlawful for any person to utilize any pedestrian area for the purpose of soliciting if such use results in there being less than four (4) feet of free and clear passageway in, along, and through such pedestrian area. Notwithstanding the foregoing, nothing in this section shall be deemed to require a private property owner to permit solicitation at his/her premises. Ordinance No. 1302 Page 4 SECTION 5. Section 97.138 of the Baldwin Paris Municipal Code is hereby amended to read as follows: § 97.138 PENALTY. Notwithstanding any other provision of this code, a violation of this subchapter shall be deemed a misdemeanor, provided, however, that at the discretion of the enforcing or prosecuting authority, a violation of this subchapter may be charged and prosecuted as an infraction. SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED on the day of , 2007 MANUEL LOZANO MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1302 was introduced at a regular meeting of the City Council held on March 21, 2007, and was adopted by the City Council at its regular meeting held on by the following vote of the Council: AYES; COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING MARCH 21, 2007 7.00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 , As Manuel Lozano - Chair Marlen Garcia - Vice Chair Anthony J. Bejarano - Member David J. Olivas - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS ano i=evnR n)' aPdGaR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available far our convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse aI Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, pare hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiction. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, pods hacerlo durante el perfodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cads persona se le permite hablar por cinco (5) minutos. Hay un interprete Para su convenfenda, Community Development Commission Agenda — March 21, 2007 Page "t COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Vice -Chair Marlen Garcia and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite par@ 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 accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. jCodigo 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. WARRANT AND DEMANDS Staff recommends Commission receive and file the report. 2. MINUTES Staff recommends Commission approve the minutes of the February 7, 2007 meeting (Regular) and the March 7, 2007 meetings (Regular & Special). 3. APPROVAL OF EXCLUSIVE NEGOTIATION AGREEMENT WITH NEWMARK MERRILL COMPANIES, LLC FOR A POTENTIAL 14 -ACRE RETAIL DEVELOPMENT AT FRANCISQUITO AVENUE AND GARVEY AVENUE Staff recommends Commission approve the Exclusive Negotiation Agreement with Newmark Merrill Companies, LLC for a period of 180 days, authorize the Chairman to execute the Agreement and authorize the Executive Director to enter into three - Community Development Commission Agenda — March 21, 2007 Page 2 i party Agreements with consultants deemed necessary, which costs would be paid by NewMark Merrill. ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 15th day of March, 2007. "original signed" 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" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e -mail at rgutierrez _baldwinpark.com or InietoCa 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 11) Community Development Commission Agenda — March 21, 2007 Page 3 COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK March 21, 2007 WARRANT REGISTER! NO. 657 ----------------------------------------------------------------- V8n6Or H3me R80it& Pys 8a7� Cheokf Chk Date Omnk Arm�nt SoP 8788 XESHIRE & NYNEV UP Hk N2782 03/13107 2,U17.50 aim& GnDor6 De-,criytiGU l816 .WN SIRIV ^ PO# St3t Conw3Ctf Imok8t lRvC Dt Srds ANVV t 01SmNDt ATitt R60 02/1217 231720 8L NStrHUtiOD Cross Amoun t 0rdn0 A�C,j Doou^iptiOD 01'00A-5020X 07.s, am '0-UE _________________________ ReWt8 Pape Z773 SEMEN Q\LlFMEA E0IMN 0HNNY o|§� 86nS0l D8o HpUbD 0iSCOUDt US8d 1�let Amoun1 0.0lj 2,0i7.50 L SRV --------------------- Ckk [,�t9 Ch8Ck &7aOUDt S% RA 01278-j F-ViS/07 7.15 PO4 St8t CoUtr8a0 lnvwi:o& Ioc Dt SrOSo A$DU t NSnU0t AM Nonmol UK NM A0O8Ut � 0Z/00/07 7.45 L00 145 SL UiWution 80SS kzmnUD Work Ord8rO W0 0�S ript1OD 2N'O0r510GA __________________________________-------------------- 7.45 SO q8-//7y>7 --- 4M0 MaEE AV ---------- _________________ CITY OF BALDWIN PARK COMMUNITY DEVLOPMENT COMMISSION MINUTES _ _COMMISSION AGENDA MAR 2 1 2007 WEDNESDAY, FER 0712007 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park Manuel Lozano, Chair David J. Olivas, Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVLOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Bejarano, Member Olivas, Member Pacheco, Vice Chair Garcia, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Hennie Apodaca, Interim Finance Director, Manuel Carrillo, Recreation and Community Services Director, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, Maria A. Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary M. Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 -4. Moved by Chair Lozano, seconded by Vice Chair Garcia. 1. MINUTES Commission approve the minutes of the January 17, 2006 Regular Meeting. 2. WARRANT AND DEMANDS Commission received and filed the report. 3. APPROPRIATION OF 20% HOUSING SET -ASIDE FUNDS TO THE FIRST - TIME HOMEBUYER PROGRAM AND THE RESIDENTIAL REHABILITATION Page 1 of 3 LOAN PROGRAM Commission approved the appropriation of Housing Set -aside funds in the amount of $100,000 to the First -time Homebuyer Program and $100,000 to the Residential Rehabilitation Loan Program. 4. AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT WITH BISNO DEVELOPMENT CO. FOR THE POTENTIAL DOWNTOWN REVITALIZATION PROJECT Commission approved the revised Schedule Exhibit B and revised Exclusive Negotiation Agreement with Bisno Development Co. REPORTS OF OFFICERS 5. CONCEPTUAL REVIEW FOR THE CONSTRUCTION AND OPERATION OF A FULL SERVICE CAR WASH AND MINI MARKET Associate Planner Lopez presented the report. Vice Chair Garcia stated that her position on the matter had not changed. Upon question by Member Pacheco, Associate Planner Lopez stated that staff is recommending denial based on the fact that there could be potential higher and better use for this property. Eddie Martinez, WF Construction, noted that staff originally supported the concept, with the understanding that the use would require a Conditional Use Permit. The applicant was of the understanding that it would not require an amendment to the General Plan. Motion: A motion was made to adopt Resolution No. 424 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE FINDINGS OF FACT AND DENYING CONCEPTUAL REVIEW OF THE CONSTRUCTION AND OPERATION OF AN AUTOMOBILE WASH AND MINI MARKET LOCATED WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA); LOCATION: 14626 DALEWOOD STREET; CASE NO.: PR 06 -51; APPLICANT: ALBERT PELAEZ, PRESTIGE MERCEDES ". Moved by Member Olivas, seconded by Vice Chair Garcia. REQUESTS AND COMMUNICATIONS Vice Chair Garcia requested a policy and /or guidelines related to mobile home parks, to set as normal policy and procedure in place so that it doesn't take a year or two years to make decisions in the future. There were no objections. City Attorney Scher stated that the noticing process would still take one year in accordance to State Law noticing requirements. Member Pacheco requested staff to methodically evaluate options available for mobile home park residents. The Commission recognized Corporal Rick Villines. ADJOURNMENT Page 2 of 3 There being no other matters for discussion the meeting was adjourned at 9:90 p.m. Approved as presented by the Commission at their meeting held March 21,2007. Laura M. Nieto Deputy City Clerk Page 3 of 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, MARCH 07, 2007 7.00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park Manuel Lozano, Chair David J. Olivas, Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER iZ97>Wa_ «� Present: Council Member Bejarano, Council Member Olivas, Council Member Pacheco, Mayor Pro Tern Garcia, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Hennie Apodaca, Interim Finance Director, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Public Works Director, Chief Lopez, Marie Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS 101[470110 CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 & 2 as presented and as follows: Moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia. 1. WARRANT AND DEMANDS Commission received and filed the report. 2. MINUTES Commission approved the minutes of the February 21, 2007 meetings (Regular & Special). Pagel of 2 REPORTS OF OFFICERS 3. COMMUNITY DEVELOPMENT COMMISSION'S AUDITED FINANCIAL STATEMENTS FOR THE FISCAL. YEAR ENDING JUNE 30, 2006 Management Consultant Bass presented the report. Motion: A motion was made to receive and file the report. Moved by Council Member Olivas, seconded by Mayor Lozano. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:15 p.m, Approved as presented by the Commission at their meeting held March 21, 2007, Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, MARCH 07, 2007 7.00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER PUBLIC COMMUNICATIONS NONE ROLL CALL Present: Council Member Bejarano, Council Member Olivas, Council Member Pacheco, Mayor Pro Tem Garcia, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Rosemary Gutierrez, Chief Deputy City Clerk. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees *2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 13979 Garvey Avenue 13919 Corak Street 13911 Corak Street 13905 Corak Street 3097 Feather Avenue 3091 Feather Avenue 3081 Feather Avenue 3073 Feather Avenue 3069 Feather Avenue Page 1 of 2 3067 Feather Avenue 3060 Feather Avenue 13755 Francisquito Avenue 13904 Corak Street 13853 Garvey Avenue 13851 Garvey Avenue 13822 Garvey Avenue 13916 Garvey Avenue Negotiators: Vijay Singhal, Stephanie Scher, and Joe Pannone RECONVENE IN OPEN SESSION The City Council /Community Development Commission reconvened in open session with all members present at 7:00 p.m. REPORT FROM CLOSED SESSION City Attorney Scher reported that direction was provided to the property negotiators. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:01 p. M. Approved as presented by the Council /Commission at their meetings held March 21, 2007. Laura M. Nieto Deputy Clty Clerk Page 2 of 2 COMMISSION AGENDA MAR 00? ITEM NO, BALDWIN COMMUNITY DEVELOPMENT COMMISSION P_ A , R' K STAFF REPORT TO: Honorable Chairman and Members of, the Commission FROM: Vijay Singhal, Executive Director( � DATE: March 21, 2007 ._ SUBJECT: Consideration of an Exclusive Negotiation Agreement with NewMark Merrill Companies, LLC for a potential 14 -acre retail development at Francisquito Avenue and Garvey Avenue. PURPOSE To enter into an Exclusive Negotiation Agreement, (ENA), for a period of 180 days (with one possible 60 -day extension) with NewMark Merrill Companies, LLC, for a potential 14- acre retail development at Francisquito Avenue and Garvey Avenue. -43 xm 74111"I�7 On November 6, 2006, the Community Development Commission (Commission) received a letter from NewMark Merrill Companies (NewMark Merrill) presenting their development interest, in partnership with Lowe's, in revitalizing a 14 -acre site with a quality retail project, located at Francisquito Avenue and Garvey Avenue, north of the Interstate 10 Freeway. Staff has been in discussions with Brad Pearl, Vice President of NewMark Merrill regarding the potential revitalization of the opportunity site. NewMark Merrill currently owns, manages, or is developing 47 shopping centers, representing 6 million square feet. A marketing brochure from developer is attached. This 14 -acre site, with freeway commercial zoning, is located within the Sierra Vista Redevelopment Project Area and consists of 17 properties. A site map is attached to the ENA identifying the area. Based upon review of the NewMark Merrill's project experience, the Commission provided authorization and direction to staff to proceed with discussions with NewMark Merrill for the preparation of an ENA. Staff and NewMark Merrill have negotiated the terms of the ENA, summarized below. ENA with NewMark Merrill Companies, LLC March 21, 2007 Paae 2 of 3 DISCUSSION NewMark Merrill is a qualified developer with project experience throughout Southern California, in the cities of Norwalk, Santa Ana, Anaheim, Thousand Oaks, and Huntington Beach and most recently in the cities of Ontario and Upland. Some properties currently in NewMark Merrill's portfolio include the Norwalk Town Square (Norwalk) at 241,500 square feet, the 378,271 square foot Anaheim Town Square (Anaheim), the 207,000 square foot Marketplace on Grove (Ontario), the Mission Marketplace (Oceanside) with 344,009 square feet, and the University Village with 178,020 square feet (Riverside). Since NewMark Merrill has a proven track record with a team of experts with over 50 years of combined experience, ranked by Los Angeles Business Journal as LA's 9th largest commercial developer, experience in diverse communities and their strong interest in Baldwin Park, staff recommends the Commission enter into an ENA with NewMark Merrill for the potential redevelopment of the proposed site. The following briefly summarize the parameters of the proposed ENA: • Pursuit of the proposed development of a high - quality retail project, anchored by Lowe's Home Improvement (or other big box retail tenant) with two out- parcels for additional retail/restaurant uses. For this development, the developer estimates sales tax revenues to the City of over $500,000 annually and the creation of 175. new jobs. The project area boundary would cover approximately 14 -acres and would be located within the Sierra Vista Redevelopment Project Area boundaries. The potential project area is delineated from Francisquito Avenue to the west, the 1 -10 San Bernardino Freeway to the south, the Metrol ink Right of Way to the north, and Foster Elementary to the east. The term of the ENA is for 180 days, and with the potential for one 60 -day extension. • The ENA would require the developer to submit a $30,000 non - refundable Good Faith Deposit to the Commission to pay for all third party costs, including architects, designers, contractors, and attorneys, related to the ENA. • The ENA expressly provides any proposed project would be subject to applicable environmental review, owner participation and property acquisition requirements. ENA with NewMark Merrill Companies, LLC March 21, 2007 Paae 3 of 3 In addition, the Executive Director requests authorization to enter into three -party agreements with consultants deemed necessary for this project, which costs would be paid by the developer, NewMark Merrill. RECOMMENDATION Staff recommends the Community Development Commission approve the Exclusive Negotiation Agreement with NewMark Merrill Companies, LLC, for a period of 180 days as the first step towards the potential redevelopment of a 14 -acre site located at Francisquito Avenue and Garvey Avenue, and authorize the Chairman to execute the Agreement, and authorize the Executive Director to enter into three -party agreements with consultants deemed necessary, which costs would be paid by NewMark Merrill. ATTACHMENTS Attachment #1 — Exclusive Negotiation Agreement Attachment #2 — Developer Information Packet /Interest Letter Exclusive Negotiation Agreement EXCLUSIVE NEGOTIATION AGREEMENT IHIS EXCLUSIVE NEGOTIAIION AGREEMENT ( "ENA ") is entered into by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic (the "Commission ") and NEWMARK MERR'ILL COMPANIES, LLC, a California limited liability company ( "Developer ") under the terms and provisions set faith below. WHERE -AS, in furtherance of the goals and objectives of'the Redevelopment Plan for the Sierra Vista Redevelopment Project (thti "Project Area" ), which was adopted and amended by ordinances of the City Council of the City of Baldwin Park (the " Redevelopment Plan "), incorporated herein by this reference, and the Community Redevelopment Law of the State of California (California Health and Safety Code § §33000, etseq), Commission and Developer desire to enter into negotiations concerning the development ofeertain land (defined below as the "Project Site ") related to the Redevelopment Plan, and WHEREAS, the Project Site is designated as such on the Project Site Map ( "Exhibit A "); and WHEREAS, the patties recognize and acknowledge the purpose of'this ENA is to provide Developer, an opportunity to further develop, refine, and analyze their redevelopment proposal andto negotiate the terrxrs of a Disposition and Development Agreement ( "DDA ") or an Owner Participation Agreement ( "OPA "), which will accomplish the objectives described in Paragraph I below NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt ofwh.ich is hereby acknowledged, Cormnission and Developer hereto mutualI.y agree as follows: L. PURPOSE the purpose of'this ENA is to provide for- the negotiation by the parties of a DDA or OPA providing for', among other things, the following: A The acquisition by Developer of'the, Project Site for redevelopment in accordance with the Redevelopment Plan and the General Plan and for the development and construction of a big box retail project with two out- parcels for retail and/or restaurant uses and related paikin.g (the "Proposed Developmen-c ).. The development shall be subject to and consistent with the requirements of the California Enviror-unental Quality Act and related State Guidelines ( "CP'QA "). The Project Site is proposed to consist of property generally located at F'rancisquito Avenue and Garvey Avenue, north of the 1 -10 San Bernardino Freeway The Project Site is app?oximately 14 acres and consists of a total of seventeen (17) parcels_ rp r8 3 -9 -07 -I- 1 The Project Site is completely within the Project Area, By entering into this .ENA, the patties intend to implement the Redevelopment Plan and General Plan. Nothing herein shall obligate or' be deemed to obligate Commission to commence any action or actions, including, but not limited to, eminent domain proceedings, for voluntary or, involuiltaty acquisition of real or persona! property, or any interest therein. The parties understand and agree Commission cannot be obligated to commence any action for acquisition or convey any interest in any portion ofthe Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps for acquisition are met, including, but not limited to, opportunities for owners to participate in the redevelopment as approved by Commission, offers to purchase, good faith negotiations, due process conducted by Commission's Board and in Commission Board's sole discretion, after duly noticed and conducted public meeting, a det6imination the public necessity and interest is best served by such acquisition.. B.. The coordination ofthe planning, design and construction of'Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environinental, traffic and other- impacts on the abutting and adjacent uses C.. Provisions related to the City of Baldwin Patio ( "City") and Commission's potential assistance, if any, through acquisition and disposition of property. D; Other provisions regarding the participation and responsibilities of the Developer and Commission necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A Commission hereby grants to Developer, and Developer hereby accepts this ENA for a period of one hundred eighty (180) days, commencing on the date this ENA is signed onbehalf'of Commission, and continuing in-full force, With no expectation, or express or implied intent any extension to the term of this ENA will be accepted by either, patty, upon written request: by Developer, Commission's Executive Director may extend the term of this ENA for up to an additional sixty (60) days. B„ Commission and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or, OPA to be entered into by Commission and Developer with tegard to the objectives described above.. During the term ofthis ENA, Commission agrees not to negotiate for the development ofthe Project Site, or portion thereof; with any party other than the Developer, or approve or, conduct a public hearing for any other development ofthe Proj ect Site, or portion thereof. During the term of this ENA, Developer agrees as partial consideration for this ENA not to negotiate with any other party at any other property outside the 1p rd 3 -9 -07 -2- J jurisdictional boundaries of the City of Baldwin Palk and within a 3 -Haile radius extending from the boundaries of the Project Area for uses similar to those contemplated for the Project Site; provided, that the parties understand City and Commission must process requests fot entitlements duly submitted by, or- on behalf' of, owner's or, tenants of some or all of the Project Site 3. TERMS Commission and Developer hereby agree to the following terms A.. Good Fq hDe osit. Within ten (10) clays aftea° the full execution and delivery of'this ENA by the parties hereto, Developer shall deposit the amount of Thirty Thousand Dollars ($30,000.00) with Commission (the "Good Faith Deposit ").. The entire Good Faith Deposit shall be non - refundable„ Commission shall have the right to draw from the Good Faith Deposit to pay for any and all costs it incurs from third parity vendors (including, without Iimitation, architects, designers, contractots, and attorneys) directly z'elated to this NA.. It is understood the salary and benefts costs of 1 Commission or: City employees and staff' shall not be paid out of the Good Faith Deposit. Commission may deposit, into any general Commission fund, any unencumbered or- unspent amount of the Good Faith Deposit that remains at the termination of this ENA. Has a result of activities of'any of'Commission's third panty vendors directly related to this ENA Commission may be obligated to pay a thud patty vendor an amount that exceeds the then available unspent and unencumbered amountx-emaining in the Good Faith Deposit, then Developer shall deposit the amount necessary for Commission to pay that obligation (the "Additional Deposit "). The Additional Deposit shall be made within ten (10) City - business days after- Commission provides notice to Developer of the amount of'the Additional Deposit; provided, that befbr -e Commission incurs any additional costs it has first consulted with Developer regarding the need to incur the additional costs.. If'Developer (i) fails to remit the Additional Deposit timely or (ii) the parties cannot agree on the need for- the the Additional Deposit, then Commission's obligations pursuant to this ENA shall cease until such increase is made.. B.. Monthly Status Regis. on or before the tenth (IO`h) day of each month starting with the fast full month after the effective date of'this ENA, Developer shall provide monthly status reports to Commission's Executive Director in a format reasonably requested by the Executive Director These reports, at a minimum, will include status zeports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with cur'r'ent owner's and tenants on the Project Site and Developer's efforts to secure quality retail /restaurant commercial tenants for the Proposed Development.. rp rd 3.9 -07 -3 - 7p rd 3.9 -07 C. Market Feasibility Study- Within sixty (60) days after the effective date ofthis ENA, Developer shall submit to Commission a market feasibility study for its Proposed iaeveloprr�ent, including a reiaillrestaurant specific market study and retail /restaumnt marketing strategy. D. Financial Feasibility_Prowectus.. Within sixty (60) days after the effective date of this ENA, Developer shall submit to Commission a pro forma showing the fiscal feasibility for its Proposed Development. E. Necessax Debt and E uit� . Within sixty (60) days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to Commission, including the financing structure and preliminary commitments, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project ,Site. . F, Submittal and Review of` Conceptual_ Plans . Within sixty (60) days after the effective date of this ENA, Developer shall submit to Commission conceptual plans foz the development of tht, entive Site (the "Conceptual Plans „), Commission staff'slrall review and comment on the Conceptual Plans. G. Commission's Ri ht to Additional information. Commission reserves the right, during the term of this ENA, to request reasonable additional information and data from Developer necessary far, review and evaluation. of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a timely manner.. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent: permissible by law, H.. Hazardous Materials„ Commission shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between Commission and Developer, Developet shall also be responsible fox malting site conditions suitable fox the Proposed Development, including, but not limited to, flood zones, Alquist- Pdolo, and similar, matters For purposes of this ENA, "hazardous materials” shall mean asbestos; polychlorinated biphenyls (whether or, not highly chlorinated); radon gas; radioactive materials; -explosives; chemicals known to cause cancer or reproductive toxicity; Hazardous waste, toxic substances or, related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance ", as defined by section. 9601 of'the Comprehensive Environmental Response, Compensation and Liability Act of'1980, 42 U.S.C. 9601, et seq., or as "hazardous Waste" as def"trred by section 6903 of'the Resource Conservation and Recovery Act, 42 U..S.C. 6901, et seq.; an "Extremely Haz_wdous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as -4- 1 defined by The Hazardous Waste Control Law under sections 25115, 25117 or' 25122..7 of the California Health and Safety Code, or is listed or' identified pursuant to section 25140 of•the C alifoinia Health and Safety Code; a "hazardous Material ", "Hazardous ,Substance," "Ha.zax'dous Waste" or, "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the undeiground storage of'hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501..1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" =fisted or identified pursuant to section 311 of the Federal Water Pollution 5 i G" Control Act, 33 U.S..C, 1321; a " Hazaidous Waste, .extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or, defined pursuant to Chapter 11 of Title 22 of the California Code of'Regulations sections 66261.1= 66261.126; chemicals listed position 65 Safe Drinking Water and Toxic by the State of California under Pro Enforcement Act of' 1986 as a chemical known by the State to cause cancer, or reproductive toxicity pursuant to section 25249.$ of'the Califoi`nia Health and Safety Code; a material which due to its character istics or interaction with one or more other substances, chemical compounds, nr mixtures, materially damages ox threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be r-emediated, including remediation which such law or, government agency requires in order for tlie� property to be put to the putpase pr °oposed by this ENA; any material whose presence_ would require r•emediation pursuant to the guidelines set forth in the State ofCalifoinia Leaking Underground Fuel Tank field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U..S.,C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S..0 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear, material, >Y LL by- product material, " "low-level wastes, " "high-level radioactive waste," "spent nuclear fuel" or "ttansuiaruc waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U S.,C 2011 et seq, the Nuclear Waste Policy Act, 42 US -C A 0101 of seq of pursuant to the California Radiation Contiol Law, California Health and Safety Code sections 25800 et .seq..; hazardous substances regulated under- the Occupational Safety and Health Act, 29 U.,S..0 651 et seq, or- the Califoinia Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under- the Clean Air Act, 42 US C,. 7101 et seq or pursuant to the California Clean Air Act, sections 3900 et seq., of'the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous material-, shall be made available to Commission upon. Commission's request, 1. Owner Participation PY'ocedures. Notwith.standin.g this ENA, the proposed development of the Project Site remains subjeetto any applicable owner-participation procedures. I No Obli ation b Commission. or' CitX Nothing, herein shall obligate of be deemed to obligate Commission to approve or, execute a DDA or OPA, commence any Jp rd 3 -9 -07 - 5 - actions for voluntary or, involuntary acquisition of zeal or personal property, or' any interest therein, or- convey any interest in any portion of the Proj eel Site to Developer. the parties understand and agree Commission cannot be obligated to approve or execute a DDA or, OPA, commence any action for acquisition or- convey any interest in any portion of the Project Site to Developer unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met, (ii) all necessary steps for- acquisition az -e met, including, but not limited to, opportunities for owners to participate in the redevelopment as approved by Commission, offers to purchase, good faith negotiations and public meetings, and (iii) a DDA or OPA satisfactory to Commission is first negotiated, executed by Developer, approved by Corn mission's Board and City Council, in each of'their sole discretion, after duly noticed public hearing, and executed by Commission.. Developer- acknowledges and agrees City is not a party to this ENA. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA.. K. Responsibility for Costs., Except as expressly set forth in an approved DDA or OPA, Developer shall be and. Commission shall not be liable for any and all costs associated with the planning and development of the project Site pursuant to or arising from this ENA L. DDA or OPA to Supersede this ENA This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by Commission and City in the manner requktd by law, and executed by Commission, M. Commission Responsible for CE A Com liarrce Commission, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site Promptly following the execution of this ENA, Developer shall pay for the services ofall necessary consultants to comply with CEQA requhtmerrts (including, but not limited to, the pr eparation and issuance of any required environmental impact report, negative declaration, or- mitigated negative declaration). Developer, shall cooperate fully and in a timely manner to requests for information from Commission's consultants. N. Real Estate Commissions.. Commission shall not be liable for any real estate commissions oz brokerage fees, which may arise helefi0m. Commission represents it has not engaged a broker, agent or, finder, in connection with this transaction., Developer has engaged The Clover Company as its broker and shall pay any commission or fee to such broker pursuant to a separate written agreement Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party O. Conflicts of'. . For-the term ofthis ENA, no member, officer or employee of City or- Commission, during the term of his or her service with City or Commission, shall have any direct or- indirect interest in this ENA or obtain any present or anticipated material benefit arising, thexcfxom 3p rd 3 -9 -07 - 6 - P.. Change in Ownershi og Control ofDevelo er. Developet understands Commission is entering into this FINTA rased on the prior' experience and qualifications of Developer.. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its tights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of Commission, at its sole discretion. Q.. Indemnity., Developer agrees to and hereby does defend, hold harmless and indemnify Commission, City and each of their officers, agents and employees (the "Indemnified Parties ") from damages arising from Developer's acts or omissions; ptovid.ed, that the obligation to defend does not apply to actions arising solely fiorn the Indemnified Parties' acts or, omissions; and provided, fatthei, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or, willful misconduct of any of the Indemnified Parties. R Governing Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. S. No Third Party Bennefiaiaries. Commission and Developer expressly acknowledge and agree they do not intend,, by their execution of this ENA; to benefit any persons or, entities: not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Patties from any claim of action brought by or- on behalf'of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions of fees. No person or entity not a signatory to this ENA shall have any rights or- causes of action against cithei Commission or Developer arising out of or due to Commission's or Developer's entry into this ENA, 4. TERIMS TO BE NEGOTIATED Commission mid Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A., A single development plan comprised of one of more phases (scope of'development) that is fiinctional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent pioperties.. Architectural and site design issuesto beresolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of'plantings, access and circulation, determination of parcel boundaries, on -site and off-site improvements, Project Site - perimeter treatment, Landscaped buffers, parking, signage, lighting, and easements, if applicable B. The design and configuration ofthe site plan shall maximize, to the extent reasonably Jp rd 3 -9 -07 - 3 - feasible, the potential to attract retailhestautant tenants. C The acquisition procedures that may include use oz eminent domain, the time schedule for conveyance, if any, of'portions of the Proj ect Site fz ous Corttz rission, the financing plan, and the cost of the Project Site, D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated. damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels. owned by Developer, all taxes; assessments, and special taxes levied on the Pfoject Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by Commission. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchinaiks to be met by the appropriate party.. G . The responsible patty to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary.. H. The responsible patty for all costs associated with the removal or r emediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site, L Ownership of all plans, drawings and specifications prepared by Developer in the event of termination ofthe DDA of OPA. 1.. Approptiate controls to limit the use of'the project Site, including, but not limited to, a requirement for the uses to meet the ci itei is set forth in Exhibit B, attached hereto. K Opeiational and maintenance plans foi the developtnezit, including the parking I.,, A financing plan. S. L13IITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OE CLAIMS A. Neither party would have agreed to any pact of this ENA if it were to be liable to the other patty 'fox, any amount of monetary damages Accordingly, both pasties acknowledge and agre- each party's exclusive right and remedy upon any breach or default of the other party to negotiate in goad faith, as set forth in this ENA, is to terminate this ENA of seek specific performance regarding the exclusivity provisions .Jp rd 3 -9-07 - 8 - of this ENA, as applicable. T'he prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award ofreasonable attorneys' fees and costs. 'iz'this ENA is tern-inated, then the Good. Faith Deposit being held by Commission shall be returned to Developer by Con=ission, in accordance with Paragraph 3 A., B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if' known by him would Have materially affected his settlement with the debtor. G. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other party for monetary damages or- other legal or- equitable relief, whether or not such released claims were known or- unkrtowra to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether, state or federal) of'sinzilar effect. Commission Initials TERMINATION BY COMMISSION Developer Initials Commission shall have the tight to terminate this ENA in the eveniDeveloper (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary fiorn those described in this ENA or (ii) describe a development that materially varies from the development generally described in Parapaph I of this ENA or (b) fails to comply with any provision of'this ENA., if same are not corrected within fifteen (15) days after Developers receipt of written notice thereof:. 7. TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event Commission. (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described ill this ENA ar (b) fails to comply with any provision of"this ENA, if'sarne are not corrected within fifteen (15) days after Commissiort.'s receipt of written notice thereof. 8, NOTICES. A, Any notice, request, approval or other comznun.ication to be provided ley either patty shall be in writing and dispatched by first class mail, registered or certified mail, Jp rd3 -9 -O - 9 - 5 postage prepaid, retu.in- receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service of Federal Express, or• by U.S. Postal Service), to the addresses of Commission and Developer set forth below. Such written notices, requests, approvals or other- communication may be sent in the same manner to such other addresses as either party may from time to time designate.. B Any notice that is transmitted by electronic facsimile transmission followed by delivery of a. "hard" copy, shall be deemed delivered upon. its transmission; any notice petsonally delivered (including by means of'professional messenger- service, courier- service such as.United Parcel Service or Federal Express, or by U .S Postal Service), shall be deemed received on the documented date of r eceipt; and any notice that is sent by :registercd or certified mail, postage prepaid, retina- reccipt requested shall be deemed received on the date of receipt thereof, C if,to Commission: Baldwin Park Community Development Commission Attn: Executive Director 14403 East Pacific Avenue Baldwin Park., California 91706 Telephone (626) 960,4011, ext 482 Facsimile (626) 337 2965 With a copy to: Aleshire & Wynder, LLP Attn: Joseph W. Pannone 1515 W/ 190th Street„ Suite 565 Gardena, CA 90248 -4946 Telephone (310) 527 -6663 Facsimile (310) 532 -7395 D Uto Developer: Sandy Sigal NewMaik Menill Companies 5850 Canoga Avenue, Suite 650 Woodland Hills, CA 91367 Phone: (8IS) 710 -6100 Fa-,,,: (818) 710 -6116 With additional copies to: )p rd3 -9 -07 - 10 - f Brad Pearl NewMaik Meniil Companies 5850 Canoga Avenue, Suite 650 Woodland Hi11s, CA 91367 Phone: (818) 710 -6100 Fax: (818)'710-6116 and Freeman Freeman & Smiley, LLP 3415 Sepulveda Boulevard, Suite 1200 Los Angeles, CA 90034 Attention: Glenn Sherman, Esq Phone: (310) 255-611.5 Fax: (310) 391 -4042 9.. COUNTERPART ORIGINALS.. Ihis ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument 10.. ENTIRE AGREEMENT This INA represents the entire agreement of the parties and supersedes all negotiations oz previous agreements between the parties with respect to development of the Project Site.. This ENA away not be amended unless agreed as such in writing and certified by the signatures of'the patties hereunder. Ip rd3 -9.07 I L EFFECTIVE DAME The effective date of -this ENA shah be the date it is signed on behalf or" Commission. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK Dated: _ -- By: APPROVED AS TO FORM: ALESFIIRE & W YNDER Genezal Counsel Manucl Lozano, Chaitman Dated: NEWMARK MER.RILL COMPANIES, LLC; a Calit6rnia limited liability company. By: SIGAL 1NVESTMENYS, LLC, a California limited liability company, its Manager By: San£ rd D., igal, Its Manager Jp >63 -9 -07 -12- clean 1.22 -07 EXHOT A PROJECT SITE MAP Page 1 o#' I - f a 1 l i� i i s i 1 CD CD 1 l i� i i s i 1 CRITERIA FOR RETAIL AND RESTAURANT USES Retail uses to be operated on the Project Site shah be limited to a big box retail operator on the majority of the Project Site and, in addition, two out- parcels containing retail and /or sit -down or quick service restaurant uses; provided, that the quick service restaurants shall be similar to such operators as California Pizza Kitchen ASAP, Baja Fresh, Koo Koo Roo's, Peet's Coffee, Coffee Sean, or Starbucks and shall not be similar to Fast food operators such as Mcdonald's, Taco Bell, Burger King or Wendy's; provided, further, that Commission's Executive director, in his sole discretion, may determine whether a proposed quick service or fast food operator not named above meets the intent of this criteria Page 1 of 1 draft w -jp rd to deve clean I- 22 -€37 w r Y Developer Information Packet /interest Leger 31 87 08.03a FAIRFIELD INN AND SUITES LOWEES companies Inc_ Real Estate De.pai -Ament 1530 Faraday Avenue, Suite 140, Carlsbad, California 92008 u- January 30, 2007 Mr_ Brad Pearl Vice PresidenUCo- Founder Nl cwmark Merrill Companies 5850 Canoga Avenue, Suite 650 Woodland Hills, CA 91367 RE: LOWE'S HOME IMPPOVEMENT NEC F ANCISQUIT0110 FWY BALDWIN PARK, CA Dear Brad: Thwilt you for tjle recent update on the above referenced project. '71128959318 760/8034 -5300 FAX 7671602 -1018 P. t We are very excited about the potential to locate a Lowe's Home Iamprove cm at this location. As you know: the 10 Freeway Corridor between the 605 freeway and the 5'i 1~remvay has been a major void for Lowe's and I truly appreeiate the efforts put fortlh by your team in uncovering and putting tihls site together. We remain committed to our relationship with NewMark Men-ill Companies to develop this site and should you need anything from L owes, please let ine know. I believe Lowe's Honkie ItnprovenIent will Make an excellent audition to the City of Baldwin win Park from a tax generation, employment base and community service standpoint. Together, we successfully saw both our Henderson, TNevada and Ontario, California store developithents d1rough to conhpletiou and I took forward to doing the same there. Please let me know if you or the city need any additional information to help facilitate this development Reg ands, Bai-t J_ Hollander Lowes HIW, Inc. Cc: Brad Pearl, Newmark Merrill Patrick Gilliooly, The Clover CornPany • r PMENT SPECIALISTO NewMarlc Merrill Companies is a diversified real estate firm that specializes in acquiring, developing and managing shopping centers and other commercial assets.The company manages retail properties in California and surrounding states with an emphasis on profitable repositioning and from- the - top -down customer service. NewMark Merril( is led by a team of highly experienced profes- sionals whose combined resources of creativity, expertise and intuitive judgment result in bringing value to and revitalizing older retail properties In established communities. As Chief Executive Officer of the company, Sandy Sigal has over 20 years of real estate industry experience and oversees all development, redevelopment and management projects. Since NewMark Merrill's inception in 1997, Mr. Sigal has acquired andlor developed 35 retail centers totaling over 4,000,000 square feet and in over 20 different cities. Brad Pearl:Vice president, Leasing & Development, treads the Leasing Department and is responsible for identifying opportuni- ties for development. He takes a direct role in the acquisition of properties and site selection along with lease transactions. Jim Patton, Director/Leasing & Acquisitions is responsible for existing shopping center acquisition, re- positioning analysis as well as directing small tenant leasing for NewMark Merrill's Southern California properties - John Hickman is our Managing Director of San Diego and is responsible for growing the San Diego division through acquisi- tion, management and new development opportunities. Mr. Hickman oversees the San Diego office with the objective of capitalizing on the growing San Diego region, including neighboring Southern Grange and Southern Riverside counties. The NewMark Merrill team of experts have more than 50 years of combined experience in hands -on commercial retail expansion and rehabilitation. Developing profitable retail projects with a superior return -on- investment. NewMark Merrill's partnership -based approach to advising owners, attracting new tenants, and working with lenders and community leaders is a proven, successful formula for planning and managing shopping centers to achieve their full potential. Support Services for Successful Retail Ceettersa NewMark Merrill Companies offers its shopping center clients a complete, en -site property management system, including mainte- nance operations, leasing, tenant relations, financial services, design and construction, and marketing. Jim Paton (left) John Flirkman Director/Leasing & Aartaisitians Managing Director, Sandy Sigal, San Diego DIV Ilion Pras'tdent anti Brad Pearl Chief Exacua jve [Ii'ticar Vice ,president, Leasing & Javeloprrent DEVELOPMENT & ACQUISITIONS - • More than si} years of comhinod experience in developing commercfal retail projects wish a superior return -on- investment. i • Expertise in appraising existing shopping centers and land available for development quickly — .__ _ .. within 24 hours. • Analyze new developmoni opporfuniiies and potential shopping centers. • The ability to think trenfiveiy and "out of the box" enables us to acquire assets that others would net see the potential in. • Ability to pay cash for properties that have a high potential for success. LEASING --� • Leasing professionals with a combined exporiance of over € 4g years in retail and exclusive tenant represeritatiaa. • Pre -lease analysis in assure long -teen leasing ;airy 70�1oo and financial stability. Trade area canvassing and in -house tenant database to build and sustain a profitable tanant mix. • Long - standing relationships with tenants and brokers enables us to reach the marketplace quickly and with accurate market insight. • Coardinalian between tenants and contractors. COMMERCIAL PROPERTY MANAGEMENT • A professional team of managers experienced in all phases of retail monagernent, v4ith hands -on involvement by NewMark Merrill principals. • on -site management offices, inducting supervision of maintenance, landscaping, and janitorial hid analysis. • Meekly site inspections and repading. FINANCIAL SERVICES • A professional accounting staff knowledgeable is commercial retail financing, accounting practices, and balance sheet =IYsls. • Long term financial planning expertise, ireluding loan restraciaring and refinancing. • Full- service cash management and monthly financial reparting. • Feasibility studies and due diligence for acquisitions. COMMERCIAL RETAIL MARKETING -Targeted marketing programs, including advertising and special r - �L 'a event pronI to draw new and ropeni retail customers. e Customized center signage and marketing brochures to eltract tenants and customers. •Tenant relations - monthly newsletters end regular interaction for communication and feedhack. DESIGN & CONSTRUCTION e,. „-.. Rio ;: m p Analysis and planning of structural design far a lust effective and eye - catching development. ■ Tenant improvement planning and construction. • Redevelopment studies and Concept design, indading co-ordination with city redevelopment agencies. DEVELOPMENT TEAM NewMark Merrill manages every element of the development process, including design, construction, leasing, marketing and property management upon completion. Consulting architects, engineers and other specialists are used as necessary to generate specific plans and secure permits and entitlements. A complete biography of each team member has been included for you in later in this section. NewMark Merrill also acts as its own general contractor and thereby solicits bids, awards contracts and manages construction and tenant improvements. This Total Service concept is the hallmark of NewMark Merrill's commitment to quality. Other critical members of the development team provide support in the design, financing and legal services related to the proposed project. NewMark Merrill has a long working relationship with each of the consulting firms identified under the Development Team. They are as follows: Deve lope rlContractor NewMark Merrill Companies 5850 Canoga Avenue Suite 650 Woodland Hills, CA 91367 (818) 710- 61001(818) 710 -6116 fax Sandy Sigal, President Leasin Clover Company 8675 Washington Boulevard Suite 201 Culver City, CA 90232 (310) 815 -8611 Patrick GilhoolylAnthony Mansour Legal Counsel Freeman, Freeman & Smiley Penthouse Suite 1200 Los Angeles, CA 90034 -6060 (310) 255 - 61151(310) 391 -4042 fax Glenn Sherman Prey anag,ement NewMark Merrill Companies 5850 Canoga Avenue Suite 650 Woodland Hills, CA 91367 (818) 710- 61001(818) 710 -6116 fax David Sandel, Vice President, Operations Recd ®nal Pr ®party Nlana ement NewMark Merrill Companies 11633 The Plaza Suite 52A Norwalk, CA 90650 (562) 868 -2291 Ralf Woebken Architectural Desl n McKently -Malak Architects 234 E. Colorado Blvd., Suite 725 Pasadena, California 91101 626.583.8348/626.583.8387 fax Hany Malak NewMark Merrill Companies acquires, develops, manages and leases commercial retail shopping centers throughout California and surrounding states. Below are some of the current properties in the NewMark Merrill portfolio: LOS ANGELES COUNTY, CA RIVERSIDISAN BERNARDINO COUNTIES, CA Shopping Center Sq. Ft. Location Shopping Center Sq. Ft. Location Carson Town Square 59,783 Carson Arlington Square 85,911 Riverside FAMSA 49,000 Los Angeles Citrus Village II 156,000 Corona Food 4 Less 50,254 Wilmington Country Club Marketplace 99,500 Chino Hills The Gardens 52,892 Hawaiian Gardens The Marketplace on Grove 207,000 Ontario Gateway Plaza 17,389 Pico Rivera Rialto Town Center 239,552 Rialto Highland Center 56,297 Arcadia Upland Town Square 104,565 Upland Manhattan Place 56,198 Manhattan Beach University Village 178,020 Riverside NorwalkTown Square 241500 Norwalk SAN DIEGO COUNTY, CA Norwalk Wal -Mart 1 1 1,830 Norwalk - -- - -- Shopping Center Sq. Ft. Location TarzanaWhge 50,136 Tarzana Chula Vista Crossings 183,173 Chula Vista Westridge Shopping Center 63,529 Canoga Parl< Felicita Town Center 126,502 Escondido Brag Lots! 35,000 Whittier Mesa Town Center 140,438 San Diego VENTURA COUNTY, CA Mission Marketplace 344,009 Oceanside Shopping Center Sq. Ft. Location Piazza Carmel 137,609 Carmel Valley janss Marketplace 455,250 Thousand Oaks San Marcos Village 96,606 San Marcos Marketplace at The Oaks 130,000 Thousand Oaks The Shops at Spectrum 13,240 San Diego Terra Nova Plaza 310,000 Chula Vista ORANGE COUNTY, CA University Square 181,999 San Diego Shopping Center Sq. Ft. Location CHICAGO,-]L Anaheim Town Square 378,271 Anaheim Shopping Center Sq, Ft. Location Bristol Warner Marketplace 121,679 Santa Ana Stratford Crossing 358,385 Bloomingdale Bristol Warner Village 82,671 Santa Ana Hai-bar Plaza 88,197 Garden Grove VARNNMA A W11TA I z F 2 M ri FINANCE AUTHORITY MARCH 21, 2007 REGULAR MEETING COUNCIL CHAMBER 7:00 P.M. I J1J.l1JJ ; Anthony J. Bejarano - Member David J. Oiivas - Member Ricardo Pacheco - 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. Finance Authority Agenda — March 21, 2007 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 jurisdiccidn. Si usted desea la oportunidad de dirigirse ai 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. FINANCE AUTHORITY REGULAR MEETING — 7.00 P.M, CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL. Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Vice -Chair Marlen Garcia 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 COMIS16N No se podra tomar action en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergenci o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar on consideraci6n en juntas proximas, [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. MINUTES Staff recommends Authority approve the minutes of the January 17, 2007 and February 21, 2007 meetings (Regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT Finance Authority Agenda — March 21, 2007 2 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 15th day of March, 2007. "original signed" Laura M. Nieto Deputy City Clerk i 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, 2n" Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 466 or via e -mail at rqutierrez c(x�.ba1dwirrpark.corn or lnieto baldwin ark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) Finance Authority Agenda — March 21, 2007 3 CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES it tli- e1vLEl Y\..1 MV 11 1`JE if 1 I AG `N DA MAR 2 1 7007 WEDNESDAY, J 17, 2007 COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Ricardo Pacheco, Mayor Pro Tem Anthony J. Be}arano, Marlen Garcia, David J. Olivas Councilmembers Maria Contreras, City Treasurer Susan Rubio, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER -�* Il�I- 3�1;« I«Z�7i�ili�illli•I[�_��[iP►�+"� NONE CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item No. 1 as presented and as follows: Moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia. 1. MINUTES Authority approved minutes of the December 6, 2006 meeting (Special.) ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 8:48 p.m. Approved as presented by the Authority at their meeting held March 21, 2007. Laura M. Nieto Deputy City Clerk Page 1 of 1 CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES WEDNESDAY, FEBRUARY 21, 2007 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, Davie! J. Olivas, Ricardo Pacheco Maria Contreras, City Treasurer Susan Rubio, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Bejarano, Member Garcia, Vice Chair Olivas, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Susan Rubio, City Clerk, Laura Nieto, Deputy City Clerk. EXCUSED: Member Pacheco PUBLIC COMMUNICATIONS I,s CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item No. 1 as presented and as follows: Moved by Chair Lozano, seconded by Member Garcia. 1. MINUTES Minutes of January 17, 2007 are pending. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 8:33 p.m. Approved as presented by the Authority at their meeting held March 21, 2007 Page 1 of 2 Laura M. Nieto Deputy City Clerk Page 2 of 2 AGENDA -- HOUSING AUTHORITY MARCH 2'1, 2007 REGULAR MEETING COUNCIL CHAMBER 7;00 P.M. B Manuel Lozano - Chair Marlen Garcia - Vice Chair Anthony J. Bejarano - Member David J. Olivas - Member Ricardo Pacheco - 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. Housing Authority Agenda — March 21, 2007 COMENTiARIOS DEL PUBLICO Se invite at p6blico a dirigirse al Concilio o cualquiera otra de sus Agencies nombradas en esta agenda, pare hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse at Concilio o alguna de sus Agencies, podra hacerlo durance el periodo de Comentarios del POblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutes. Hay un interprete pare su con veniencia. HOUSING AUTHORITY REGULAR MEETING — 7:00 P.M, CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Vice -Chair Marlen Garcia and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite pars hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar action en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fjar asuntos Para tomar en consideration en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR A[[ 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 Authority approve the minutes of the January 17, 2007 and February 21, 2007 meetings (Regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT Housing Authority Agenda — March 21, 2007 2 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 '15th day of March, 2007 "original signed" _ 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 Nall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or via e-mail at rgutierrez(a baldwinpark eom or 1nietoQba1dwinL2 k.com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) i Housing Authority Agenda — March 21, 2007 3 CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES a- vv011vu ,mu ! MUMITY AGENDA MAR 2 12007 WEDNESDAY, 0 A.RY 21, 2007 7.00 p.m, COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco Maria Contreras, City Treasurer Susan Rubio, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER Present: Member Bejarano, Member Garcia, Vice Chair Oiivas, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Susan Rubio, City Clerk, Laura Nieto, Deputy City Clerk, Hennie Apodaca, Interim Finance Director, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Public Works Director, Chief Lopez. Excused: Member Pacheco PUBLIC COMMUNICATIONS 0► LOW I CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item No. 1 as presented and as follows: Moved by Chair Lozano, seconded by Member Garcia. 1. MINUTES Minutes of January 17, 2007 are pending. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 8:34 p.m. Pagel of 2 Approved as presented by the Authority at their meeting held March 21, 2007. Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK HOUSING AUTHORITY 1 L WEDNESDAY, JANUARY 17Y2007 COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, David J. Olivas Councilrnembers Maria Contreras, City Treasurer Susan Rubio, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Bejarano, Member Olivas, Member Pacheco, Vice Chair Garcia, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Rosemary M. Gutierrez, Chief Deputy City Clerk, Marie Contreras, City Treasurer, Hennie Apodaca, Interim Finance Director, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Director of Public Works, Ed Lopez, Chief of Police. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item No. 1 as presented and as follows: Moved by Chair Lozano, seconded by Member Bejarano. 1. MINUTES Authority approved minutes of the December 6, 2006 (Special) meeting. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 8:55 p.m. Pagel of 2 Approved as presented by the Authority at their meeting held March 21, 2007. Laura M. Nieto Deputy City Clerk Page 2 of 2